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Home My WebLink AboutO-2002-2542 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 18. 2002 Requested By, Dou. Kneu22e~ Department: Planninl! _ Appropriation Source of Funds: CIP Fund Account Number: 015-9892-856 Report: Resolution: Ordinance: X Amount Budgeted: $ 44.000.00 Exhibits: Ordinance Bid Tabulation Amount Requested: $ 40.352.24 Bidder's list Budgeted Item: ~ NO SUMMARY & RECOMMENDATION As part of the FY 2001-2002 Budget for Capital Improvement Projects, City Council approved $ 44,000.00 for the Central Park Hockey Rink Expansion Project. The Central Park Hockey Rink Expansion Project consists of resurfacing of the existing deteriorated slab and adding a small section to the end in order to have an official size slab for roller hockey. Survey, design and engineering were performed on this project utilizing City Staff. On March 4, 2002, the City received four bids from qualified contractors. Brooks Concrete, Inc. of Pasadena, Texas submitted the lowest bid in the amount of $ 38,352.24. Contract time for completion shall be 90 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 Brooks Concrete, Inc. is qualified to perform this work. Staff recommends that the City Council authorize the City Manager to execute a contract with Brooks Concrete, Inc. in the amount of $ 38,352.24 and further authorize $ 2,000.00 (5%) contingency for the Concrete Slab for Central Park Project. Action Required bv Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Brooks Concrete, Inc. in the amount of $ 38,352.24 and further authorizing $ 2,000.00 contingency for the Concrete Slab For Central Park Project. Approved for City Council Al!enda GJ~ ~. ~ Robert T. Herrera, City Manager ~. l z.., 01..- Date ORDINANCE NO. 2002-~54~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC. FOR THE CONCRETE SLAB FOR CENTRAL PARK PROJECT; APPROPRIATING $ 40,352.24 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 $ 40,352.24 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- a5L.f ~ 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: ~ LA PORTE /~~ ~ Mal -- . an. one, Mayor ATTEST: APPROVED: I ~~ tZ~r/ a! ~;;f~ Knox W. Askins, ........ City Attorney CITY OF LA PORTE CONCRETE SLAB FOR CENTRAL PARK CLP PROJECT #2002-5201 BID OPENING MARCH 4, 2002 2:00 P.M. BID TABULATION BROOKS CONCRETE y 90 $ 38,352.24 D.L. DAVIDSON PAVING CONTRACTORS y 30 $ 45,195.75 CURB PLANET y 60 $ 53,390.50 BILL MCDONALD CONSTRUCTION y 90 $66,344.75 CITY OF LA PORTE CONCRETE SLAB FOR CENTRAL PARK CLP PROJECT #2002-5201 Advertising The Bayshore Sun - February 17TH and February 24th, 2002 Bid Notice Faxed Bluebonnet Stroder Co. 908 Perla Pasadena, Tx. 77502 Phone: (713) 941-4804 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 La Porte, TX 77571 Phone: (281) 471-1123 Fax: (281) 471-1710 Associated General Contractors 3825 Dacoma Houston, TX 77092 Phone: (713) 843-3700 Fax: (713) 843-3701 FORCE Corp. PO Box 1079 La Porte, TX 77572-0853 Phone: (281) 470-0550 Fax: (281) 471-9627 Follis Construction III N. Broadway La Porte, TX 77571 Phone: (281) 471-6881 Fax: (281) 471-6038 Portis Construction 14710 Park Alameda Houston, TX 77047 Phone: (281) 433-1012 Fax: (281) 433-1018 Curb Planet, Inc. 1050-2 Edgebrook Houston, TX 77034 Phone: (713) 944-9119 Fax: (713) 944-1006 C & D Constructors PO BOX 23264 Houston Tx 77028 281-442-2468 281-442-2415 Southern Customs 9219 Katy Fwy. Houston, TX 77024 Phone: (713)682-8807 Fax: (281) 471-1710 Bill McDonald Construction, Inc. 702 Underwood Road Deer Park, Tx. 77536 Phone: (281) 479-3030 Fax: (281) 479-4337 Jesse Vega Construction Co. 2019 Pasadena Blvd. Pasadena, TX 77502 Phone: (713)473-1552 Fax: (281) 473-1848 Moore & Moore Contractors PO Box 1517 LaPorte, TX 77572-1517 Phone: (281) 471-0145 Fax: (281) 471-0601 Ideal Construction Services PO Box 2915 Sugarland, TX 77487 Phone: (281) 470-0531 Fax: (281)470~539 D.L. Davison 19728 Saums Rd. Houston, Tx. 77084 281-646-0770 281-646-7047 Contractors that Picked up Plans & Specifications Southern Customs 9219 Katy Fwy Houston, TX 77024 Phone: (713)682-8807 Fax: (281) 471-1710 D.L. Davison 19728 Saums Rd Houston, Tx. 77084 281-646~770 281-646-7047 Curb Planet, Inc. 1050-2 Edgebrook Houston, TX 77034 Phone: (713) 944-9119 Fax: (713)944-1006 Brooks Concrete, Inc. 4018 Allen-Genoa Pasadena, Tx 77504 Phone: (713) 947-8440 Fax: (713) 947-8444 Bill McDonald Construction, Inc. 702 Underwood Road Deer Park, Tx. 77536 Phone: (281) 479-3030 Fax: (281) 479-4337 John Cobb Home Improvement 117 Jefferson St La Porte, Texas Phone (281)471-8691 Fax (281)%0-2942 ':J:. \- ~ <:) .z ~ - m - I >< W ~ ~ -Z ... III ... - ~ -c:;:( I ':::J. L: '"2. ~ ~ ~ < \.1.J VI ...J r- '" \U (,.5 ~ -z '7 0 - '-> l- V' <: )( u) \.JJ -z ~ ... ~ ~I /'. .. , -,.. .. ./ . ' . . - _.' "SPEClF\CA1\ONS' . 'AND, . CONTRACT DOCUMENTS. ,-"', , - / J , . , . , :FOR '. ~ ' " I . .- - '. C\TY OF LAPORTE . __ .' ~ I CONCRETE,SLA8 FOR " ' _ . '. . CENTRA\.:. PARKOUTDOORSKAt\NG R\NK .. . . PROJECT NO'. 2002..5201' .., '. - ~." - ' . / ~ "'-. '...... ... ,/- , ; .... -, " . .. ." - ~ " .' - _... I, ,( - , \ ." ... '- ',."".,.... ' ' . . ' , , , . / -' ' - . "'_' ;0 , - I 1 ( -' : ,.." r _", C\TYOF LA" PORTE,"-EAAS - . . ' -' . FEBRUARY 2002 . _ . . ClP PROJEC'T NO, 2002"5201 -.. , . \ . , '- - . . /. ", '- . - i ; , I . , .' / ...,.... '.' CITY OF LA PORTE CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK CLP Project No. 2002-5201 TABLE OF CONTENTS SECTION NO. OF PAGES NOTICE TO BIDDERS................ ..................................... ........................................................1 SCOPE OF WORK. ........... ....... ............ ............................ ............... ............. ...... ......................1 INSTRUCTIONS TO BIDDERS ....................................... ....... ...... ............... .......... ..................4 BID PROPOSAL.............. ......... ..... .... .......... ... ......... ......... ............... ........... .................. ...... .... ..4 AGRE EMENT ...........................................................................................................................2 PAYMENT BOND.....................................................................................................................2 PERFORMANCE BOND ..........................................................................................................2 GENERAL CONDITIONS...................................................................................................... .42 SUPPLEMENTARY CONDITIONS.. .. ....... ....... ...................... ........ ................. ............ ..... ....10 TECHNICAL SPECiFiCATIONS............................................................................................. 6 ,.,........,"" ...e-~E or: tr '\ -L"\P:..........':'..\-. \... , ~.' *' ...~r.... "." . '.\) '~. 'tit ..' , .... " : '. * "JI ,tit: ~ ~ ~.....................1!.._. ~ * ."1.. ~ DOUGLAS K. KNEUPPER'" ~. ..:........... ....... ............~ '~". h 77145 .,~~ ~1,~":~9/STE ~'f::~"~o/ ,,\r.r\r!:" "~... :;;- \\, 'A __- '" 2--L 7-02- NOTICE TO BIDDERS CLP Project No. 2002-5201 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 CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK CLP PROJECT NO. 2002-5201 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 submit bids in response to this invitation and will not be discriminated against on the grounds of race. color. sex, age. religion or national origin in consideration for an award. 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 Notice to Bidders 1 of 1 SCOPE OF WORK CLP Project No. 2002-5201 CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK Contractor shall provide materials, supplies, labor and equipment to construct a concrete slab to serve as a roller skating rink, according to site plan drawing and specifications included herein, at Central Park, 618 San Jacinto, La Porte, Texas. Border posts for side walls and fencing for this project to be provided by Owner. Owner shall be responsible for placement of all border posts on part of slab that will be overlayed on the existing slab. Contractor shall be responsible for placement of all border posts in the new portion of the slab construction as shown on accompanying drawing. Owner shall place border posts on existing slab by use of floor flange plates, anchored and bolted to the existing slab. Plates shall be installed and posts set perpendicular prior to the Contractor's preparation for slab pouring. Contractor shall place forms, reinforcement, chairs, and any other materials needed for slab placement, as well as the fence posts at the new slab section, while border posts are in place. Contractor shall check post placement for perpendicular, prior to pouring slab and correct if necessary. After concrete slab is poured and cured, Owner will be responsible for installation of border walls and fencing. The placement of the posts will not be paid for directly but shall be incidental to Item 2 "SUBGRADE PREPARATION FOR SLAB" Performance and Payment Bonds shall be required for these projects. Scope of Work 1 of 1 INSTRUCTIONS TO BIDDERS CLP Project No. 2002-5201 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 submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall 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 subm itted 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 cashier's 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 supplem ental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with retum 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 1. 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 altemate 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 ,,' ~, s:i ~'" ,:-- ; t !~ [I"" ,~.... I """['" ,~, ,~,:~,", .,', ,",..... , ' J c" J'< r.:~ 'f" <'1,_, "- ."",~ i::.;'~". "['i\' !..... r~ r' ll~ BID PROPOSAL FOR UNIT PRICE CONTRACT CLP Project No. 2002-5201 Proposal of ~ t:J<<titr/!;k (hereinafter called "Bidder'). a corporation, 9f9an~,di1nd e)i(istingunder the laws of the State of -n. ,. a partnership, or arc incjividual doing t;)usins$s as ~PCT(f..( to the City of La Porte, Texa~~ (htilreinafter called "Ownerl ,Ladies and Gentlemen: The Bidder, in compliance. with your invitation for bids for the construction cr 'CONCRETe SLAi3 FOB CeNTRAL PARK OUTDOOR SKATING RINK per plans an\~, i;i,~~i9ifi~<<on~...,"iprepar~ t;)y the City of La Porte, and having examined the plans and ..!;,~pEtQifi~tjOI'l~" with rel~ted documents and the site of the proposed work, and bein(; 'f'rniJiaf.V{ithiCilll of. the conditions surrounding the construction of the proposed project "inGJ.~ding.the availabjlityof materials and labor, hereby proposes to furnish all labor. '!. ,,:!I;<\m,teria~~dsupplie$, and to construct the project in accordance with the contrac:; ....:~w,'~,,~,,~dS"'" ~~md"" e,ntti. wThithin the. time set tforth therein II , and at the .pricesdst~ted irfn the.attachhed Biel) .. c~'~"e u e.!' .. ese pncesare 0 cover a expenses Incurre In pe ormlng t e WO[\. irt;:lquired under the contract documents, of which this proposal is a part. Bidder her(itby agrees to commence work under this contract on a date to b,: .,pecified in written "Notice to Proceed" of the Owner and to fully complete the projec! . ,; .. .within C/O conse~tiye calendar days thereafter as stipulated in the specifications ".Bidder further agrees to pay as liquidated damages, the sum of $100.00 for eacl', ; 'consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: -# DATE: ')..- ~!-,?;Z Bid Proposal 1 of tl ~ . lO.< BASE BID PROPOSAL BiQd~r und~r~tands that the Owner reserves the right to reject any or all bids an~'i lQwaiveany informalities in the bidding. . ',',.) ;"r., ~~ .~::,;:~t~}:: ,:,~;,'r,. The bidder agrees that this bid shall be good and may not be withdrawn for ~',',~~;,;)!; ,". pf;triod of thirty (30) calendar days after the scheduled closing time for receiving bids.+;;;~jf iii' "'i1".~ ..,.J;"" . .:;i", :.. ....... Upon receipt of written notice of the acceptance of this bid, bidders will execut.'. :'i;;, , 1j,.';i:,the,fOrIDal contract attached within ten (10) days and deliver a Surety Bond or Bonds a~ ii'}'~'r'[;i$quired by the General Conditions. " r . 'In& bid security attached in sum of t;;;fJ !iiu P/!'! -<' ...-' .'e,Q9Uars · ($ '.' 2tJttJ::" . .. ) is to become the property of the Owner in the event th~:.'I!~iJ >r" c:pntractand bond allt not executed within the time above set forth, as Iiquidated.!~~:i~, . 'Qamages for the delay and additional expense to the Owner caused thereby. ';{'!~? 'il"".' :'- :~"';'- ... bm itted : .':"r~~::,d:,~ (SEAL) (Sig t re of Authorized Person) t:-elj~ (pnn~f ~[IZed Person) ., 0~.{ tlaJ//tJlVT (Title) lfOl ~ 1I/ItN GUt//J1 (Business Address) 4Jllkjf/A, 7X. 77J/J</ (City) ~ (State) (Zip Code) 7/3 9'!7-Sf//jO (Telephone Number) l.,; '!'/ ',."'\';"1'. ~i':.:'_- :..',,> ..!?; ': BY: .,,} .~;;. ,~J4:::'::~ ;~:Jr';".:.j' ',.,J "':,''', v:.,;-~~,_.:~:i , . 'J~ . if !,j--:'" 'k, . J.'~~ ~;. . , :i~i ,::, -. ';;~ . ,'~j~~;":~,.:"~; -;t;:... ;;I~';f.,l 1'i " , ':;I',~': .i.' ,''-' '. ,_.:e" I; ,'*,j;....',:-:::' ,~t l.,.;,.',' ~' Sid Proposal 2 of ;;,~~ ~~L w STATEMENT OF MATERIALS AND OTHER CHARGES TOTAL: l~q8() l"5Yl^ ~, $ JfJ 3S;;.::J $ MATJ;:RIALS INCORPORATED INTO THE PROJECT: ALL OTHER CHARGES: $ !,.... ,l "Thi$ totalml,Jst agree with the total "Total Amount Bid" figure shown on the bid sheet. ;;.'. "~,." , :~'\:_:~}.'.'"",. );',~' " .r _'f"< '-';;:" ".:'; .',,', >:<", ,<ffgr..p~rp()36$of complying with the Texas Tax Code, the Contractor agrees that th~~i,.' ,<~rges for any · material incorporated into the project in exceS$ of the estimateQ,),; , " ';;\'" qYi;lntity provided for herein will be no less than the invoice price for such material to the, ,'C<:mtractor. -''r,:,;",''j " ~,--' ~ ... .... ~t~~ Bid Proposal 3 of L. i.... I i.. t- F-- \.~. ~;,' - , ~ L, , a\ ... I,,:, w.. r- L. l- f- !I L BID PROPOSAL FOR UNIT PRICE CONTRACT BID SCHEDULE CLP Project No. 200-5201 CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK Item Description Unit Estimated Unit Total No. Quantities Price 1.0 CONCRETE SLAB 4" TO 5%" SF 13,741 COMPLETE IN PLACr r / r~ @ &tJ .ll)fu J( ~ ~ per ~F- 2.0 SUBGRADE PREPARATION FOR SF 2,648.5 91'X29.5' SLAB ~OMPLETE IN PLACE l>ttLJnIk ~ s!- per ~ J-O ;7.- -:5Li JS") . /B ,39ft! 3!f ... 3.0 @ per 4.0 @ per 5.0 @ Per 6.0 @ Per TOTAL AMOUNT BID 5$()s;z!J (IN WORDS) Bid Proposal4 of 4 The undersigned bidder hereby certifies it has been furnished a copy of City of La Po' .......(jrdlnanq;l fS8-2217 prohibiting any expenditure for goods or services by the City of t .... .. '''i.~orte from any persori, firm, or corporation owing any delinquent indebtedness to tl' i>"r~fj+ ;' >}1',L> """';,C!ty. The undersigned bidder further certifies that it is in compliance with tf ~. ~, " ... requirements of said ordinance. "'-'i Al.lthorized Signature: '1',";'; ~~, ~-~" . >'''\t CITY OF LA PORTE CERTIFICATION BY BIDDER Ifl.lnde~igned bidderisnot in compliance with Ordinance 98-2217, it hereby assigns ..the City of~ Porte, the amount of its delinquent indebtedness to the City of La Porte, ~eded~cted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinant shall be just cause for rejection or disqualification of bid. ~~U"del1!illn~ herel;>y certffies that ~ is in compliance w~h Ordinance 98-221 or ___ The unc;lersignCitd assigns to the City of La Porte, the amount of its delinquent indeQtedness,to be deducted by the City of La Porte from the amounts due the undersigned. ,(Initial one ofth(J above) Bu.iness Name: I/I}f)JJ ~allT-(' pr, /.ff) / ~ 1Jik-;(/ ~tlf/1tJ ~/Jf;!;' 7i 77$()l( f--tMf ~/'k Address: .~,'. ;,Printed Name: AGREEMENT CLP Project No. 2002-5201 THIS AGREEMENT, made this ~ day of March ,2002, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and Brooks Concrete Inc. (a corporation): of Pasadena 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: CONCRETE SLAB FOR CENTRAL PARK OUTDOOR SKATING RINK CLP PROJECT NO. 2002-5201 hereinafter called the project, for the Total Price of Thirty eiQht thousand three hundred fifty two and 24/100 ( $ 38,352.24 ) 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 therefore, 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 90 calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the Supplementary Conditions. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. City of La Porte Name of Owner SEAL By: Q~ l, t~~~ Robert T. Herrera Attest: BY:~. tL!tiJ a -' ;:Lit) Martha Gillett City Manager Title City Secretary Title SEAL By: ~4._< (gtJlt~ TIf/( Nam~lntracting Finn Signature of Authorized Person v;; e /;tt5 Title of Authorized Person '10$ J!l!w (?WIJ IuJuJeJ/1I ?7>-rJy Address and Zip Code /J-lol ~j;:J -r:1Q~leU ~ ~ ./!r("cudL Witness AGREEMENT 2 of 2 ~'V V\estem Suety Company PAV_ENT BOND Bond NurnMr: KNOW ALL PERSONS BY THESE PRESENTS. Thill we Brooke Concrete, Inc. 22503563 01 4018 ~llen Genoa, pasadena. TX 7750S I heleilafter reterrtcl tc ., the Prtncipsl. and "...tern ~retv CCIIIOanv _ Surm,. ant held and fimlly bound unto Ci ty of La porte d . .~ Thirty Eight Thousand T~ree Hundred F1fty Two And 44/~OO MfIrfed to.. the Qj)llgee. In 1h& sum Of Doll ~ rg Doll.. ($ 3 a , 352 .24 ). tClr..e payment of which we bind ou...... oW' leg" ~. tuOCMlOft and .1Ips. Jc*dtI and sevemJly, firmly by th... pnnerdB. 'WHEREAS, Pltnclpll has entere:t Into a contract with Obligee. d8l.ld 18711 d8y of M A,l!OI 'Z-ooZ-, !'or Concrete Slab for Central park Outdoor Skating Rink caw at which c::onIrad is by' ",",nee n'IIde. pert hereof. NOW, THEREFORE. if Principal etIa1l. In <<COfd8nce wICh apprlC8b1e statl_, promptlf I'nIllGe ..,...,.nt to aI persons suppLyng tabor and matenlill ., the prcsecution ci the 'WOrk pruvldeO for in .... contract, l!B1d ..., and d duly IYIhorad mcdilcations of aid conhCl flit IM1 ,u.,..after be made. dOll of which modlllcatlons to SlIretJ being waived, 1I18n thll oblgat1on " be 'Yolel: otherwise to remain in full farce and etrect No $Uil. tit action IhiII be gonmenced hereunder (I) AtI!lr Ihe eq*aIion of one (1) ye.. falbMng the elite on which Principal C88I8d work on eald conII:acl: it being undtIItoocI. however. that;r q imilatlon elri:lodled In thl$ band is prdIibiled by MY taw conlldlna the conehctlon hen!af IUctllimllaticln .... be deemed lID be BII'Iendec:lIO _ t. be equal tD the miI'WnUm period of.rnitadiorl perrnitbtd by such aaw. (b) 0Iher than In a staIlt colRt of cxmpel8nt jI.1ri8dldion In and for the count, or OCher poI(icaI subdlvfelon of the 82ate In which the project. or ., Plilt thlreof, is $itUated. Dr in the UfiIBcI _ DiIbiQt Court b'the clelrict In wtIc:h the ~ .OJ' B1Y patt lheteOf. is &1tua1:ed. WId not easewhere. 111& amount of tNI bond Shell be .....ced by and to the extent of iIfJ)P patyn'I8I'It Of pafmentl rnBdIt in eCKJd faith ~nde~ . SIGNED, SEAlED AND DATeD Iftls 1st d.,d April 2002 Brooks Concrete. Inc. By~-;- /~~ (eeCl) ~~ G-1OM79-B .... ~~ V\estern Surety Company PERFORMANCE BOND Bend I!nnbe:;: 22503563 KNOW ALL PERSONS BY THESE PRESENTS. Thatwe I3rooks Concrete, Ine_ 4018 Allen Genoa. Pasadena, TX 77505 d . honrinatbl' f8ferted to as ... Principal, and ..ee.m SI,U:'.t~ ~ . Surety. are held end firmly boUnd lIflto City of La Porte of 'l'n1.rty ,IUgnt: 'lnousana 'rnree Hunarea FH:t:y 'rWO Af1~ reft=rred to .11 lie Obligee, i1 the sum af Dollars Oon.rs ($ 3 S , 352 .24 ), for the paymII'It of which we bi"d ours.hres, 0UI'M1g81 ~llaIIvee, SUl;C8IICQ and ~igns, jdnlly and RYlHIIy. firm" by It1ese pnasents. WHEREAS. PrIncI,. h.-s.ntered into a oonhct with Obligee. d-.:l the /$ T/I d6Ii'/ of M A ~ Z-c:> (;)"2.. , for. concrete slab for Central Park Outdoor Skating Rink HOW, lHEREFORE, if the Prmcipll shall faium.11f perbrrn.ud1 c:ontract or 511.1 indemnify R SiIVe harmle. lie Obllg. from 811 cost end damIge by' reiIcn of Prlnciper, taflUI'8 80 to do. then lNa obligation shall be nul and valet: alMrwmlS lllihalll1!l'nlin in ft.!U ti:In:le 8nd effect. ANY PROCEEDING. __ ClI' equitable. under thIS Bond tnSPIl)& lnetltutld in any ccurt Of competent jurf8dictlon ih the Ioc:aIlcn in which the WtIIt CII" plrt allf1e work is lac:aI8cIand ~ be i1s1ilU1l!d witlm 1.WO JIlIIIS after Cantrac:b" Default Of' wfthln two Y881'8 altar ItB Cantfactof ceaeed wcrkk'lg. or.rn two yen..r the Snly ,... orWs to pedarm itI obr9ltiana lnl.1hia Eland. whk::hm!r acx:urs first. It ltIe pnwisians d t1i1 Paragraph are void CII" pronlblt8cl by Itw. the mfnlmum peJtod of Imltatlon avauaWe to sureties 88 8 d8l'en8e In the jurtedlcllon or the SUll shall be appIicabJe. NO RIGHT OF ACTION shd accrue on Ihil Bond 10 or for the UII of any plIl'ICI'I or ccrpcntion Oller than the Obligee n.-ned hnln or the heirs. exeeotor&. .dm1nlstnirtols or SUccest0r8 or the 0bIk.Iee. SIGNED. SEALED AND DATED Ihis 1st clayof April 2002 Srooks Concrete, Inc. (prtnclP'I) >- By C\.( t> ~A---S~ ~(Seel) \ We.t.ea! Su.ret:v CaI'lIrlaD.V a,~~_. , (Se8f) ~1I)'..ft.F8ct a-10557e..c \ \. \ \ \ \ \ I \ .. n U 8 ...,.... i \ 1-1",1\ H~l w' U ~ ill ~ ,~\ ~-~~\, ~it\\ ;\\\ \ , \ \\ ,,~t i~' '~I \i\ ,. ~ "t it ~'i\~"'~ hli.. n" h U, , \ U\ \ iil' Qtl~\~ ~t~ \1 \'\';lt~l \~n : Ii t it" \.lft \~ i.-I I I I' t .. ~ ,-, 9'\ P "ill I I,..t ~ 0 ~ I~ t lln \'\ \it: \1"--.-' tr t ft~'f:tJ 1 t~~ ; ~ f \ ~i , ~ "ii ~ \1-" ' II n tit'f\. \~li '8 '<l y.~l .. 1 i~i l't!L-ti' (; il i\ \\'\Ji \1 it. ~! \ ~,t , P Ii ' h s \. ~i. i ',lJ' It hi ~ \ ;\ ~ l ~l \t n ~\ \~\~l\ nt' '1 I'U \ ~ ~t \\ u~ "i it ~I\,' i't~\ \ -h , m v r1 i li tl\II~ J'l\ 1 t\ ,~ ~ I \' i.\~~ : , tl \iIl'I\ \. \ f \~ I n ~ I "I \' \ ;: \ t \\\\\1 i'l · t '8 tf j ~ \t ~n i: ~ \ (~i~\ ~\\ ~ \r il~ ~ ~ ~~ 'l n~ i~ ~i i .." \lb!t \\~ l H N t (") I! , I Ii: '0 'l\ .",,'\1' · ii, to) ~ ~ ~l i t. I ~ f ~ Itl.l fii \ \ ~ " Ii! t it l '1 t l& t u-!; it, 1 \\ ~ , l ..... It ,.. I..." hiU U l I. f GENERAL CONDITIONS elP Project No. 2002-5201 General Conditions 1 of 1 -! -) 'Ibis 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. r- : STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ['.': . .-...- Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS CO:l\fMl'lTEE and ..... A Issued and Published Jointly By Ii National-Society of Prole..lona' Engineers I'm"",_' EnJlne.. In """,. ",.". all ~) AMERICAN CONSULTING ENGINEERS _ COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCffiTY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY OF CIVIL ENGINEERS - :.~ AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCmTY OF CIVIL ENGINEERS This document has been approved and endoned by The AJsociaJed Geucnl T Cootnotors of America Construction Specifications Institute ~=s:- tJ These General Conditions have been prepared for use with the OWner-Contractor Agreements (No. 1910-8-A-lor 191()" 8-A-2) (1996 Editions). Their provisions are btterrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 191()"17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) r~' :, .. t .. \ ': \ ;, , . \ . \ ; t.:. \ ~ \' ; \\ ~.. ..':. ""..,., - - - - - - - - - Copyright 01.996 N'UoJllll Soclo\Y ol~ ~ 1420 lOn& suee'. ~. V,,1.2314 ~~~(:oUllOiI 1015 1511> suee' N.W" W~ DC 2IYJ05 AmCrican Society of CiVil ~fS 345 Bast 41th suet'> Nevi yor'<. NY 11YJ11 00100 - 2 . . ( ) r ~~; , .i-- .,-) ,', f. ,- Ii )- ". - ..... TABLE OF CONTENTS 'lap ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 6 1.01 De.fiMd Terms ................................................... 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 'nmes; Notice to Proceed .......................... 00700 - 9 2.04 Starting the Wont ................................................. 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 - A V AILABIUTY 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 Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 12 4.04 Underground Fadlities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13 4.05 Reference Points ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13 4.06 Hti:l.ardous Environmental Condition at Site .. . . . . . . . . . . . . . . . . . . . . . . . -. . . . . '. . oo7Qq - 14 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.01 - Performance, Payment, and Other Bonds ................................. 00700 - 15 5.02 Licensed Sureties and Insurers ........................................ 00700 - IS 5.03 Cenijicotes of Insurance .;.......................................... 00700 - 15 5.04 CONTRACTOR's Liability Insurance .................................... 00100 _ 15 5.05 OWNER'sLiabilityInsurance. ..... .................................... 00700- 16 5.06 Property Insurance ............................................... 00700 _ 16 5.07 Waiver of Rights .................................................. 00700 _ 17 5.08 Receipt and AppUcation of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . 00700 - 18 5.09. Acceptance of Bonds and Insurance,' Option to Replace ........................ 00700 _ 18 5.10 Partial Utilization, Aclcnowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18 ARTICLE 6 - CONTRACTOR'S RESPONSmIUTIES ...... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 18 6.01 Supervision and 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 I..aws 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 Safety Representative .............................................. 00700 _ 23 6.15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 23 00700 - 3 i .:.: r'? ~ ,; i' r .~ ,. . i ,: I: i ': , " \.:. ~ :-' .~ 6.16 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 6.17 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 6.18 Continuing the Wolfe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 24 6.19 CONI'RACl'OR's General Warranty and Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2S 6.20 Indemnification. . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2S ARTICLE 7 - OTIlER WORK ................................................... 00700 - 26 7.01 Related Wolfe 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 Repl4Cement of ENGINEER. . ". '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . 00700 - 26 8.03 Furnish Data ...................... " . . . . . . . . . . . . . . . . . . . . . . . . . . .'. 00700 - 26 8.04 Pay Prol'l'lptly lVhen Due .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.05 lAnds, and Eosements,' Repons and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . 00700 - 26 8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . 00700 - 27 - 8.07 Orange Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 8.08 Inspections, Tests, and Approvals ......................................, 00700 - 27 8.09 Limitations on OWNER's ResponsibiUties ................................. 00700 - 27 8.10 Undisclosed Hazardous EnvirolUMntal Condition ............................ 00700 - 27 8.11 EvidenceofFinancialArrangements..................................... 00700-27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27, 9.01 OWNER'S Representative ........................................... 00700 - 27 9.02 Vuits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 9.03 Project Representative ............................................. 00700 - 27 9.04 Clarifications and Interpretations ...................................... 00700 - 28 - 9.05 Authorized Variations in Worlc ........................................ 00700 - 28 9.06 Rejecting Defective Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.07 Shop Drawings, Change Orders and Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.08 Determinationsfor Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.09 Decisions on Requirements of Contract Documents and AcceptabiUty of Work .......... 00700 - 28 9.10 Limitations on ENGINEER's Authority and ResponSibiUties . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00100 - 29 10.01 Authorized Changes in the Work ..................... . . . . . . . . . . . . . . . . . . 00700 - 29 10.02 Unauthorized Oranges in the Worlc ..................................... 00700 - 29 10.03 Execution of Change Orders.. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 00700 - 29 10.04 Notification to Surety .............................................. 00700 - 29 10.0S Claims and Disputes. . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 ARTICLE 11 - COST OF THE WORK; CASH ALLOW ANCBS; UNIT PRICE WORK . . . . . . . . . . . . . . 00700 - 30 11.01 Cost of the Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 11.02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 32 11.03 Unit Price Worlc ................................................. 00700 - 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 - 33 '12.01 Orange of Contract Price ........................................... 00700 - 33 12.02 Orange of Contract TImes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33 12.03 Delays Beyond CONTRACTOR's Control .................................. 00700 -,33 12.04 Delays Within CONI'RACl'OR's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 12.05 Delays Beyond OWNER's and CONTRACI'OR's Control. . . . . . . . ~ . . . . . . . . . . . . . . . 00700 - 34 12.06 Delay DantlIges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, RBMOV AL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 13.01 Notice of Defects ......... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 13.02 Access to Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 13.03 Tests and Inspections .............................................. 00700 - 34 13.04 Uncovering Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35 13.05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35 13.06 Correction or Removal of Defective Work ...........;......,............... 00700 - 3S -( ,< j - - - - , 00700 - 4 ~."....-\ '- ro.- , . ,- ! : f.-- , C'.. . , l.~ I :.t.. . '.~ , - ~ . ~- t {'" l:L L f' ..~ I . ,- j L '- '- 13.07 Correction Period ......................... . . . . . . . . . . . . . . . . . . . . . . . 00700 - 3S 13.08 Acceptance ofDefeclive Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 CONTRAcroR's Wammty o/,ntle .............. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 . 14.04 Substantial Completion ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 . 14.05 Partial Utilization ................................................ 00700 - 39 14.06 FiMllnspeclion ................................................. 00700 - 39 14.07 FiMl Payment . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 39 14.08 Final CornpletionDelayed . . . . . . . . . . . . ~'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 14.09. Waiver ofCloims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 ARTICLE IS - SUSPENSION OF WORK AND TERMINATION.. . . . . .. . . . . . . . . . . . . . . . .'. . . . 00700 - 40 15.01 OWNER May Suspend Work. . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . 00700 - 40 15.02 OWNER May Termi1lllte for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 15.03 OWNER May Termi1lllte For Convenience . . . . . . .' . . . . . . . . . . . . . . . . . ~ . . . . . .'. . 00700 - 41 15.04 CONTRAcroR May Stop Work or Termi1lllte . ~ .... . . . . . . . . . . . . . . . . . . . . . . . . . .00700.-.41 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41 16.01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . 00700 - 41 ARTICLE 17 - MISCBU.ANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 42 17.02 Cornputation of 7imes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.03 Cumulative Remedies ....................... . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.04 Survival of ObUgations ...................... . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 42 17.05 ContT(JIUng Law ................................................. 00700 _ 42 00700 - 5 I . t.: f~ L .] \ ~ c:,<-'>o f ,: L \. . -, ~ .~', GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Ttrms A. Wherever used in the Contract Documents and printed with initial or all capital letteR, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 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. .. .: , 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 final 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. s . 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 Documems- 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. 8. Bonds-Performance and payment bonds and other instruments of security. 9. Clumge Order-A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER imd authorizes an addition, deletion, or revision . in the Work or an adjustment in the Contract Price or the "" 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 l1D1es, 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 exlu'bit 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 Documents. 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. ConJract PriCt-1be 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 7lmes-- The number of days or the dates - stated in the Agreement to: (i) achieve Substantial Completion; and (U) complete the Work so that it is ready for final payment as evidenced by ENGINEER's wri~ recommendation of final payment. 15. CON1'RACI'OR--The individual or entity with whom OWNER has entered into the Agreement. 00700 - 6 :" .. if:.,....,,,. " , 16. Cost of the Work-See paragraph 11.01.A for definition, 17 . Drawings-That part of the Contract Documents 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 dermed. 18. Effective Date- of the Agreement-The date indicated in the Apment on whi~ it 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 ENGINBBR 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 circumstances 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 69(3) as amended from time to time. 2S. Laws and Regulations,' Laws or Regulations-Any and all applicable laws, rule., regulations,. ordinances, codes, and orden of any and all governmental bodies, agencies,. authorities, and courts having jurisdiction. ~l 26. Liens-Charges, security interests, or encumbrances upon Project funds, real property, or penonal property. 00700 - 7 27. Milestone-A principal event specified in the Contract Documents relating to an intennediate 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 wUl 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 C01IllIleDCe to run and on which CONTllACTOR shall.start to perfonn 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, oil 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. 35. 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 bound in one or more volumes, is contained in the table(s) of contents. 36. Rodioactive Material-5ource, special nuclear, or byproduct material as derIDed by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resid.ent Project Representative-The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. !"~ h t .: 38. Samples--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 Dmwings-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 'York. 40. Site--Lands or areas iDdicated in the Contract Documents as being furnished by OWNER upon which the Work is to be perfonned, including rights-of-way and easements for access thereto, and such other lands tumished by OWNER which are designated for the use of CONTRACTOR. ' r - 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. , " \ \ :' L.: 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. 1.: i, 44. Supplementary Conditions-- That part of the Contract Documents which amends or supplements these General Conditions. 45. 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 inCOJPOrated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities-All undergroWld pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facUities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, ..., 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 Woric--Work to be paid for on the basis of unit prices. 48. Work-The entire completed 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 dOCUIIieirtation 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 perfonned or to emergencies. A Work Change Directive will not change the Contract Price or the - Contract TJmeS but is evidence that the parties expect that the ohattge ordered or documented by a Work Change ' Directiw 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 on or after the Effective Date of the _ Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract.OOC11Ifienta. 1.02 Terminology A. Intent of Cenain Terms or Adjective3 1. Whenever in the Contract Documents the terms "as allowed," "as approved, to' 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 00700 - 8 ". - . use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance 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 - PRELiMINARY 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 f.:':"! ~ ~ 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 assUDled by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, InstaU, Perform, Provide '0\ It. .1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, II1ilterials, or equipment, to the Site (or SOR 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 equipment, 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 me~. A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additionai copies will be 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 eve~t 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 Work ,', , , ,. 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. 2.0S Before Starting Construction A. CONl'R.ACFOR'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 affected 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 durmg performance. of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. r ~ I" ., l~ . C. Evidenc~ of I1ISuranc~: 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 Conf~r~nce r. -." 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 2.0S.B, procedures for bandling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. L.,.:: I.' 2.00 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first 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 2.0S.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 er"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 form 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 Int~nt A. The Contract Documents are complementary; what is called for by one is as binding as if Galled for by all. _ t B. It is the intent of the ~. 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 be Provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall J:le issued by ENGINEER as provided in Article 9. 3.02 Ref~renct Standmds A. StandaTfls~ . SpeciJicotions, Codes, Laws, and R~gulatio", 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- l ~ 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 ... ~ .~ tt~~ ~: , ., ,f) 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 any 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 pcrformallCC 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 DiscrqJancies 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, spec:~cationrmanual or code, or of any instruction of any SUpplier, CONTRACTOR shall report it to ENGINEBR in writing at onoe. CONTRACTOR sba1l 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 sba1l not be liable to OWNER or ENGINEER for failuie 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 Con.tract Documents, the provisions of the Contract . Documents sba1l take precedence in resolving any conflict, 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 terms and conditions thereof in one or more of the following ways: (i) a Written AmendmeJit; (ii) a Change Order; or (iii) a Work Change Directive. B. 1bc 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 clariflca~on. . 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity pedorming or furnishing any of the Work under a direct or indirect contract with OWNER: (i) sba1l 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) sba1l not reuse any of such Dfll.wiogs, 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 final payment;. completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein sba1l preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - A V I\ILABIUTY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCE POINTS 4.01 Availability of lAnds A. OWNER. shall furnish the Site. OWNER shall notify CONTRACTOR of'any encumbrances or restrictions not of general :~lication 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: rJ r. . ~. ~ \ \ t . f_' "' L,} . . . " 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. CONTRACI'OR shall provide for all additional lands and access thereto that may be required for temporary cons~on facilities or storage of materials and equipment. 4.02 Subsurfac~ and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 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 - 4.03 Differing Subsurfac~ 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: I. 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 change in the Contract Documents; or 3. differs materially 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; 2. those drawings of physical conditions in or then CONTRACTOR shall, promptly after becoming aware relating to existing surface or subsurface structures at or thereof and before further disturbing the subsurface or contiguous to the Site (except Underground Facilities) that physical conditions or performing any Work in connection - ENGINEER has used in preparing the Contract therewith (except in-an ettlergen.cy as required by paragraph Documents. 6.16.A), notify OWNBlt arid ENGINEER in writing about . , , such condition. CON'TltAcrOR. shaII not further disturb _ ~ 'B. Limited Reliance by CONTRACI'OR on Technical sUch condition or perform any Work in 'connectiOn 'therewith Data Authorized: CONTRACTOR may rely upon the" , :(except as aforesaid) until receipt of written ordeno do.so;- 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, technique,s, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinionS, 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. 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 ldditional 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 nmes Adjustments I. 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 any one 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. 00700 - 12 r, :- I i ,. f ~. ,- /:' 1- ~ ~ ~...... : " f " i- , r ~ t",i- l:,-: f '. 1- .. 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 boW1d 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. .exploration, 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 , . .,""": ," c. CONTRACTOR failed to give tho written notice witlUn the time and as required by paragraph 4.03.A. ~. 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 may .be made therefor as provided in paragraph 10.05. However, OWNER, E~G~:IlR, ~ ENOINEliR.'s .Consultants Bhal1 not be 1iableto CONTRACTOR for any claUns, costs, losses, or ~;(~lu.ding..but not limited to aU fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) 'susUUncd by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shuwn or Indicaled: The information and data shown or indicated in the Contract Documents with respect to exUlting UndergrO\D1d 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,' sba11 not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following wU1 be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking aU 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 Indicated 1. If an Underground Facility is uncovered or revealed at or contiguowi to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR sbaU; . 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 . . Jocation.,of the Underground Facility. During such time,. . :-, 'CONTRACTOR shall be responsible for the safety md' .,' ~ pro~tioaofsuch 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 are attributable to the e~stencc 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 10.0S. 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, sba1l protect and preserve the established reference points and property 00100 - 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 CONTRAcroR on Technical 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: t\ ': ~." -., ~, :. (, 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 ro:; ~ . \ .'. r...' 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 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 m 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 confl11ll 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 10.0S. 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 Work 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 Tunes as a result of deleting such portion of the Work, then either party may _ make a Claim therefor as provided in paragraph 10.OS. 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 ~d Oany 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 0 such Hazardous Environmental Condition: (i) was not shown or - indicated in the Drawings or Specifications or identified in i I 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 '- , ,,' ~- ,~ 1 - II ..... i.. : -- ~... ....'. ..... .....'t. \ in this paragraph 4.06.B 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 consuitants, 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 profeasiOlUlls and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmexttal 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. ARTICLE 5 - BONDS AND INSURANCE 5.01 Perfonrillllce, Piiyment, and Other Bonds . \.. . ~', ....\,>. ',~ 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 paymem of all CONTRACTOR's obligations under the Contract Documems. These Bonds shall relnain in effect at least until one year after the date when final paymem 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. AQ Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulatious, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as AcceptablcfSureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended)'by the Fmancial Management Service, Surety Bond Branch, U.S. Departmem of the Treasury. All Bonds signed by an &gem must be accompanied by a certified copy of such agem's authority to act. . . C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvem or its .. ,tight to do business is terminated in any state where any part of the, Project is located or it ceases to meet the requirements -"......;,. 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. 5.03 . certificates of Insuranct 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 CONTRAC'rOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to eaah additional insured identified in the Supplementary Cofiditions, 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 shall 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: 1. 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 injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 00700 - 15 r-:: t." r..O: r .,' , . t ". r."'\' to".: ( ~. l.~ , . ~: ~': ,. ~ .. 0 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; 5. 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 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). - 6. claims for damages because of bodily injury or death of any person or property damage arising out of the 5.05 OWNER's LiabiUty Insuranc~ ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased andmaintained shall: 1. with respect to insurance required by paragraphs 5.04.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 :of 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 of liabUity 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 A. In addition to the insurance required to be provided by CONTRACTOR under paragr~h 5.04" 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. 5.06 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 amoWiis":' . as may beprovided.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, aild 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 physica1loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the_ follo.wlng . 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 or 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~ aJreed to in writing by OWNER prior to be~ ~rpo.{lted in. the Work, provided that such materials end equipment have been included in an Application for Payment recommended by BNGINEBll; 5. allow for partial utilization of the Work by OWNBlt; 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 BNGINEBR with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. ;", ":~ B. OWNER. shall purchase aDd main'tllul such boller and machinety 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, BNGINl!BR, BNGINEBR.'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. I- .... ,- C. All. the policies of insurm (and the certificates or . other ,evidence thereof) required ,tQ, J?e.~ed and maintained in accordance with paragraph 5.06 will contain a provision or endorsement ~ 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 inJerests of CONTRACTOR, SubcolJ,tractors, or others in the Work to, the extent of any dCd~tible amounts that are i~tified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others ~ering any such loss, and if any of them wishes property iDsurance coverage within the limits of such amo~ts, each may purchase and maintJlin it at the purchaser's own expense. .. , " ,'- a~ If CONTRACTOR requests in writing 'that other 'p~ia.1 insurance be included in the property insurance 1!P^i~ies ~f~ded under paragraph 5.06, OWNER ,shall, if ~,~~J~ iuc11,lde such insurance, and the cost thereof will be ,~ji:dto CONTRACTOR by appropriate Change Order or ~""..\VrtlteJ1 Amendment. 'Prior to commencement of the Work .~',' t, at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has beeJ:l procured by OWNER. 5.07 Waiver 01 Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06, .will protect OWNER, CONTRACTOR, Subcontractor.s, BNG~. ENGINBBR's Consultants, and, all. other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insJll'eds' (and the o~, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary COVerage for a1110sses and damages caused by the perils or causes of loss covered thereby. All such po1icit;s shall contain provisions to the eff~t that in the event of PJyment of any loss or dAmage the m.urers will have no rights of recovery against any of the in.$ured$ Qr additional insureds thereunder. OWNBlt an4CONTRAC- 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 the"' for a1110sses and damages caused by, arising out of or resullin8 from any of the perils or causes of loss covere,d by such policies P.I4 any other property insurance applicable to U1e Work; and, in additio~, wai~ AlLmcIl,'titbJa,lI,giiJlllt SubContractors, ENGINEER. liNGlNJiSk's CoaSultapts~ and all other individuals or entiti~ .~entified fu the Sup'p1elDCn- tary Conditions to be listed iU!. ~,or add.ti~ insureds (and the officers, directors, partnerS, employees, ag_. and other consultants and subconitactors of each' rind any or them) under such policies for losses and damages so caused. None of the above waivers sha1l extend to thC rights that iDy PartY 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 rights ~t CONTRACTOR, Subcontractors, BNGINBBR, ENGlNBBR.'s Consultants, and the officers, ~rs, partners, employees, agents, and otlier consultants and subcontractors of each and any of them for: 1. loss due to JJusiness interruption, loss of use, or other consequential loss extending beyond direct physical ~lo~s or damage to OWNER's property or the Wotl\.-, 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 ~ completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion 00700 - 17 r t t ~ ~ f"! , :' OJ o;,~ . " ~. :,l. 's. '. i .' i. .; L. , . I' . I I. I pursUant to paragraph 14.04, or after final payment of such party by the Contract Documents, such party shall pursuant to paragraph 14.07. 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 paym. of any su$ loss, damage, or other party's interests at the expense of the party who was consequential loss, the insurers will have no rights of.. ::required to provide such coverage, and a Change Order ~ recovery .': against CONTRACTOR,' Subcontrac:tors. . be issued to adjust the Contract' Price accordingly. . < BNGnm1!R~ or ENGINEBR's Consultants ~ the officers, J'.'\ ' .-.-; ditectors, partners, employees, agents, and other consultants 5.10 Partial Utilization, AcbWwledgmenl of PTdp~ and subcontractors of each and any of them. Insurer 5.08 Receipt and Application of Instlran~e Proceeds A. Any insured losS under the policies of insurance required by paragraph 5.06 will 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 mortgage clause and of paragraph S.08.B. OWNER shall dcpasit 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 Work shall be repaired or replaced, the moneys so received applied on account thereof, . and the Work and the cost thereof covered by an appropriate Change Otderor Written Amendment. ", :c. ., B. oWNml as fiduCiary shall have power to adjust and settle any loss with the insUrers un1e~& 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 requ4"ed in 'Yriting by any party in interest, OWNER as fiduciary shall give bond for the proper perfonnancc of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bobds or insurance required to be purchased and maintained by the other party in accordance with ~cle 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing withiIi 10 day~ after receipt of the certificates (or other eVidefice requested) required by paragraph 2.OS.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 A. If OWNER finds it necessary to occupy or uso a portion or portions of the Work prior to Substanti.al Complctionof all the Work as ptovided.in'PllIagraph 14.05,. _ . II) such use or occupancy shall commence before the insurers providing tbc property insurance pursuant to paragraph S.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',SRBSPONSmIUTIBS 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 the 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 whC? shall not be replaced without written notice to OWNER and ENGINEER except under - extraordinary circumstances. The SlJPCrintendent will be CONTRACTOR's representative at the Site and shall have ' authority to act on behalf of CONTRACTOR. All_ communications given to or received from the superintendent shall be binding on CONTRACTOR. - 00700 - 18 6.02 ~; ~orking Hou.rs ..;....... . A. C" CTOR. shall provide competent, suitably qualified ~l to survey, lay. out, and construct the Work as':-" by ~ Con~act Documents. CON- TRAC '.. . at all times JTudntain good discipline and 'o.'!'".. order at .. .. . B. .. as otherwise required for the safety or protection.... .~sOJ)S or the Work or property at .the Site or adjacent . '"~~.~ except as o~erwise stated in the ContraCt .J', aU WOrk at the Site sball be performed ......;..~ : i~~"~ houn and CONTRACTOR. will DOt UU&'""'6 re W!:V"-' . permit. work or the perfo~ of Work on Saturday, 'l~. o! any.l~gal holiday without O~'s written.. .t\Vhich will not be unreasonably withheld) .. ,,~; "pven aftc' r writte1i notice to ENGlNEER....... .,' ," A. UDless otherwise specified in the General Re- quiremen~;.tONTRACTOR shall provide and assUlllC full responsibiJj!:fl;rllll services, materials, equipment, labor, ~ijfi; cp~tion equipment and machinery, tools, appliancea;.;;:':fue1, power, light, heat, telephone, water, sanitary ~; temporary facilities, aDd all other facilities . :.' "and inci~ necessary for the perfol'JDll!lCC' .~ting. :.. ...., sian-uP, ~~~l"tjqn ~f the Work.... . .~~.' ' . ,l ......... .- '.~, ,~... " . ..... - . B. All"'''' ;:~.' 8I1d equipment incorporated into the Work ,.'is specified or, if not specified, Shall be of good . ",~, new, except as othe~ise provided in the Contract ',.. nts. All warranties and guarantees specificall ,eel for by the Specifications shall expressly roD to the ',.. \1 of OWNER. If required by EN~INEER., CONTRA. . ~hall furnish satisfactory evidence . (including ~. of reqwied tests) as to the source, kind, and quality materials and equipment. All materials and equipment 1i'lU ,.be stored, applied, installed, connected, erected, ~, us~, cleaned, and. conditioned. in accontancC /\-i{th insttucUODS of the applicable Suppber, except as o~erWise may be provided in the Contract Docu- ments. (frI !.. . -".~ !~. . ~ >- 6.03 t. ": '.:-' ,'-I F- l. Se&iE.a~ Matnials, and Equipment '.,~,I.' , 6.04 prJJr./Sdredu.le )~~ ',: '.1,*', .' A. eli'" CI'OR shall adhere to the progress schedule establish '~'.'.~~~~ with paragraph 2.07 as it may be adjusted . time to time as provided below. ' .~/~' ,:. 1. ,}. pCTOR shall submit to ENGINEER for accep .: (to ,.the extent indicated in paragraph 2.07) propos. ..' tments in the progress schedule that will not .:: . the Contract Times (or Milestones). Such:,>, tB -will conform generally to the progress schedul , . hi effect and additionally will comply with i. any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall ~ submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a 0Jange Order or Written Am~meN in accordance with , Article 12. . '.' ' 6.05 : 'Substitlltu and -Or-Equals- ..' A. Whenever an item of material or equipment is specified or described in the Contract Documents 1;Jy using the name of a proprietary item or the name of a particular Supplier, . the 'specification or description is inteDded to establish the type, fundion. appeatarice, and quality required. Unless the specification or description contains or is fonowed by words reading that no like, equivalent, or "or-equa1" item or no substitution is permitted, other items of material or equipment or material or equipment of other Supp1i~ may be submitted to ENGINEER for review under the circum- stances described below. 1. .Or-Equal- Items: If in ENGINEER's sole discretion an itclD of material or equipment proposed by CONTRACTOR is functionally ~, to that named and wfficiCntly Similar so that 00 clwlge 'in related Work will be required, it may be considered by: ENGINEER as an -Qr-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 wen 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 S\lbstitutc therefor. Requests for review of proPosedsu~stitute items of material or equipment will notbC acCepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGINEER will be as sef forth in paragraph 6.0S.A.2.d, as supplemented in the General ReqUirements and as .ENGlNEER may decide is appropriate under the circumstances. l i ~ ~ " . ~ . . 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; stilte the extent, if any, to Which the use of the ptopoSdd 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 t)le Work is subject to pl\Yment 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 engineering, l!!ales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indi- rectly ftom 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. ....' t' '" i': I, i.,:; I'" B. Substitute Constructioh Methods or Procedures: If a specific dleans, 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, .14 sequence, or procedure of construt:tion approved by ENGI- _ NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to detentdne 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 lI~bPaIagraph 6.0S.A.2. ~ ,. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or subinltW. ~de pursuant to paragraphs 6.0S.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No .or~" or ~bstitute will be ordered, installed or utilized until ENGINJ$R'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. Spedal 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. ENGlNEEk.'s Cost Reimbursement: ENGINEER. will A . "record time required by ENGINEER and ENGINEEWs .~ . Consultants ~.ev!IJ~tiqg substitute proposed or sUbmitted bY ' CONTRACTOa purguam to paragraphs 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 OWNEtt 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, SuppUers, 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 ..1, ( ~.- ; , .~ . " ~ ...:... I, I' ~ .:- ( j t. \~ ~ ':' j- "'",..; r " r..~ ! .-! ~- L ,;.- '. C~ CONTRACTOR shall be fully responsible to OWNER and ENGINJmR for an acts and omissions of the 6.01 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 WOJ'k of. cR:~'fuiihe;benerrt of any such Subcontractor, SUpplier,' or' .,'-l> , .aJiy"invention, design,' process, product, or deviCe '-;whieh is other indiVidual :Or entity any contractual relationship between ',' .lIle .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 ENGINEER. to payor perfonnance 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 or 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 acceptanee (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding D~ or the Contract Documenta) of any such Subcontractor, Supplier, or other individual or entity 80 identified may be revoked on the basis '. of reasonable objection after due investigation. CON-., TRACTOR shall submit an acceptable" replacement 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 peI'forming or furnishing my 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 Subcontrac.tor Qr Supplier to the applicable terms and conditions of' 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 additienW insured on the property insurance provided in puagraph S.06, the agreement between the CONTRACTOR anet the Subcontractor or Supplier will contain. provisions whereby the Subcontractor or SuppI1er waives all rights against OWNER, CONTRACTOR" .ENGINBBR, ENOlNBBR's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directOR, partnen, 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 ~y 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 Penniu 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 00100 - 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 QN/. Regulations . A. CONTRACTOR 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~ 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 in.8CCQrdan~e with Laws and Regulations, but' this shaiI not rellevc, CONTRACTOR of CONTRACTOR's obligati~ns underiP~~~~h.3.~3. , . .,__.1,1 ,.Oh ~ .,~ I , i. .. 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. , ~ . I i: ~ . 6.10 Tax~s 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 Ar~QS A. Limitation on Us~ of Sit~ 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 ..., 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. -( ... 2. Should any claim be made by any such owner or occupant because of the ~ of the Work, CONTRACTOR shall promptly settle with such other party, by negotiation or otherwise resolve the claim by arbi~~fioil or other dispute resolution proceeding or at law. .... :.... 3. To the fullest extent 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 Jlispute 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 indeniniflCd hereunder to the extent caused by or based . upon CO~CTOR's performance of the Work.' . ..,./.. : '.l'v.""'; ..~ :;.. . J B. :R,enrt!Wll.,ofD~bris During Peiformance of the Work:. During the Pro8fess 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. ,"~l C. Cl~aning: 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, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structur~s: CONTRACTOR shall not loa~,' nor permit any part of any structure to be loaded in any.' manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work , - 00700 - 22 i..' 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. f . 6.13 SDfetY and Proter;li~ ~~ A. CONTRACI'OR shall be lOiely responsible for initiating, 1J1aintBini"l and supervising all safety precautiODS and programs in connection with the Work. CONTRACI'OR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent'damage, uijury or loss to: . '.. ., 1. all persons on the Site or who may be affccted by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and ,/ifil), l. . 3. other property at the Site or adjacent thereto, including trees,shrubs, lawns, walks, pavements, roadways, structureS, utilities, and Underground Facilities not designated for remoVal; relocation, or replacement in the course of construction. ." w:J B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety. of persons or property. or to the protection of periODS or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and 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 responsibllities for safety and for protection of the Work shall continue until such time as all the Work is completed aDd ENGINEBR has issued a notice to OWNER: and CONTRACl'OR in accordance with paragraph 14.07.B that the Work is acceptable (except as' otherwise expressly provided in connection with Substantial Completion). 6.14 Sqfety Repnsentative A. CONTRACTOR shall designaJe. a qualified and experienced safi,iy representative at me 'Site whose duties and respousibUitics sba1l be the prevention of accidents and the maintaining and supervising of safety precautioDS, and programs. 6.15 Hazard Communication Progranu' A. CONTRACTOR shall be responu.ole for coordinating 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 be 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, mate~, and equipment CONTRACTOR proposes to provide ~ 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 ,._' i.; r" : .~: ~. '.' 1- ,-. f .. t .. , - ! - ....,. 1 :; t -, ~ ~~. r .: , - submittals. Bach 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 requited by the Contract Documents 01' the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related ~'Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. , D. Subminal 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 <<t the performance of the Work; . .' ...:~ . .;.' ;"~ ."'~ 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'ueview 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', 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 if-the items covered by the submittals will, after installation or incorporation in , the Work, conform' to the information given in the - Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review ~d 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 Drawinga or Samples shall not relieve CONTRACTOR ~ from reSponsibility, fOl my variation froni the require- - . ments of the Contr;lct; J)oc~ 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 accompanying the _ Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR .from responsibility for complying with the requirements of paragrapl1 6.17.0.1. 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 ~,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 CONTRACI'OR's'General WaITanty and Guarantee A. CONTRACTOR. warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documenta and will notbe defective. CONTRACTOR's warranty and guar. hereunder excludes defccts~or damage caused by: 1. abuse, modification, or improper maintenaoce or operation by persons other than CONTRACTOR, Sub- cODtracton, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or . ~ 2. nomial wear and tear under normal usage. B. CONTRACTOR'. obligation to perform and complete the Work in accordance with the Contract Documents sba1l 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 : 1.. observations by ENGINEER;: :" .. '. I . "~.M, 2. recouui1endation 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 OWNER. 6.20 Indemnification ) 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 tWit any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injuiy to or destruction of tqibl~ . , ".!property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any SUpplier, or any 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, 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 BNGINBBR. 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 Subf::on~~tor, a,ny Supplier, or any individual or Cntlty direcUy 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 indemnifu:ation 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 CONTRACTO~ 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 Specificationa; or 2. giving directions or instructions, or failiDg to give them, if that is the primary cause of the injury or damage. 00700 - 25 ARTICLE 7 - OTHER WORK " 7.01 Related Work at Site A. OWNER may perform 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 1: ,. . 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 rlDlCS that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.0S. 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 performing 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 Work with theirs. Unless otherwise provided in the Contract;l)pcuments, CON- TRACTOR shall do all cutting', fitting, and patching .of the .' Work that may be iequired to properly co~ 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 ~ utility owners and other contractors. ... ..~., -.:., .;. ,;,........' ~ .~ 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 coorcIiJuUion of the activities among ~ the various contractors will be id,cntified; 2. the specific matters to be covered by such o. authority and responsibility will be itemized; and 3. the extent of such authority arid responsibilities will be provided. . - B. Unless otherwise provide~ in the Supplementary Conditions, OWNER shall have sole authority and respon- _ sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSmlUTIBS 8.01 Communications to Contractor A. Bxccpt as otherwise provided in these General Condi- tions, OWNER' shall issue all communications to -f CONTRACTOR through ENGINBBR-: ' v . .' ;,' 8.02 Replacement oj ENGINEER ,... . - A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes 110 reasonable objection, whose status _ under the Contract Documents shall be that of thO former ENGINEER. 8.03 Fumish Dola A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall Dll!kC payments to CONTRACTOR promptly when they Ire due as provided in paragraphs 14.02.C and 14.07 .C. ' 8.0S Lands 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 milking _ available to CONTRACTOR copies of reports of explorations 00700 - 26 r _r) ..-- '.. and tests of subsurface conditioDS aDd drawings of physical conditions in or relating to existing surface or subsurface structures it or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 IftSU1'QllCe A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article S. ' <( " - 8.07 C7rDng~ Orden ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representativ~ A. ENGINEER will be OWNER's representative during the construction period. The duties and respoDSibUities and the limitations of authority of ENGINEER. as OWNBR.'s representative durlng 'construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. A. OWNBR. is obligated to eDCUte ChaDge Orders as 9.02 Visits to Site indil2ted in paragraph 10.03. " .. ..:: .;':'.: . '.' ;,.,..:.>". 8.08 InspeCtions, Tuts, and ~rovals A. OWNER's respousibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. 8.09 -LimItations 011 OWNER's Respon.ribiliti~, A. The OWNER shall not supervise, direct, or have control or authority over, DOr be responsible for, CONTRACTOR's me., methods, techniques, sequences, ~~ ' 1:' . or procedures of construction, or the safety precautions' and # - programs incid~t thereto, or for any failure - of CON- - - - TRACTOR to colllPly with Laws and RCgulationi' appliCable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. . ".~ - '-- J 8.10 UndisclosM Har.ardoul Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous EnviroDmental Condition is set forth in paragraph 4.06. 8.11 EvidtmC~ of Finaru:ialA"angements 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 wnt be as set forth in the Supplementary Conditions. A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems DCCeSIary in order to observe as an experienced and qualif1ed 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, fQr the benefit of OWNER. will determine, in g~; if the Work is pl'OCCe"ing in accordaDce with the Contract Documents. ENGINBER will not be required to make exhaustive or continuous inspections on the Site to check the _ quality or quantity. of the Work. ENGINEER's efforts will be directed toward_providing for OWNER a-greater degree of confidcDce that the coinpleted -Work Will cOnform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINBBR's authority and responsibility set forth in paragraph 9.10, aDd 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 perfonnance of the Work. 9.03 Project Representati'V~ A. If OWNER and ENGINEER agree, ENGINEER wU1 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 are compatible with the design other matters relating to the a~tal)i1ity of the Work, the conC?ept of the completed Project as a functioning whole as quantities and c.lassifications of l,Jnit Price Work,. the . in4i~t~~b.Y. the .Contract Documents. These maY!;fbei<: .;;";inteipretationof the.requircments of the Contract'Doeuments ~<?~~P~~~.,PY a Field Order and will be binding on~ ".;.pcl"taining to the performance of the Work,. amLCI~ . OWNER 'and ilso on CONTRACTOR, who shall perform '. seeking clJanges in the Contract Price or Contract Timci 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 t. ) A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requn,:- menta of the Contract Documents as ENGINEER may deter-. min~ necessary, which shall be collliistent 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 are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price ,or .CQntract Times, or both, that should be allowed as, . a result c:if'aWrltten clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. !.,,~ r . r. 9.05 Authorized Variations in Work k .'. ,. .'. , ' ~ L~ 9.06 Rejecting Defective Work 1 ..; I 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 ~ject 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, Chtmge Orders and Paymeilts 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. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. . 9.08 Determinations for Unit Price Work ... . A. ENGINEER. will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will revieW"'with CON- . TRACTOR the ENGINEER's pre~ ~s:unna.tiol1& 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 fmal 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 01 Work .I ''''' - B. When functioning as in~rpreter and judge under this paragraph 9.09, ENGINEER wlll 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~dering 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 CONTRACTOR of . such rights or re~es 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 Umitations on ENGINEER's Authority and Respon- $ibilities 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 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 docUmentation required to be delivered by paragraph ,.2. changes in the Contract Price or Contrapt Tunes : ~", "14.07~~~~~~~ be to d~termine generally ~their cOnt~ ~ ,q..-~. .'\vhich are .greed to by the pBrties; includiJi&''''anY ". . tI .compl1es:, wltli the reqwrements of, and m the case. of :.:; 'iindisputed sum or amount of time fOr'Work. actUaUy.:.~'; certificates of inspections, tests, and approvals that the results performed in accordance with a Work Change Directive; , certified indicate compliance with, the Contract Documents. and \ .l{) or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINlmR 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 individW!l or entity, or to any surety for or employee or agent of any of them. f. ,. L B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's, . means, methods, techniques, sequences, or~cedures of , construction, or the safety precautions and programs incident thereto, or for my failure of CONTRACTOR to comply with 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. f- .. ., ':. " ~ C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any ot:hcr individual or entity performing any of the Work. !' . - "- E. The limitations upon authority and responsibility set forth in tl1is paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and ~sistants. ARTICLE 10 - CHANGES IN nIB 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). . .J 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 Directive, a Claim may be made therefor as provided in paragraph 10.OS. ' 10.02 Unauthorized ChDnges in the Work A. CONTRACTOR shall DOt be entitled to an increase ' in the Contract Price or an extension of the Contract Times . with respect to any work performed that is not re~ by 'the Contract Documents as . ameooed, modified, or _supplemented as provided in paragrapJ.r3.04, except in the ,. case of an emergency as provided in paiagraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution. of Change Orders A.. OWNER and CONTRACTOR shall execute 'apPropriate Change Orders recommP.l1rfed by ENGINBER{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 (iii) agreed'to by the parties; 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 , f. : ~ .' ; I" .' j. . , ;', .. f .~ ! .: 10.05 Claims and Disputes A. J.Yofi..ce:. _W~~nQtic;e statin..! ~e_gene~ AAtUre of each' c1aiui, 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 ~ys) 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 ENGmEER allows additional time for claimmt to submit additioDai 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, if, any. ENGINEER's written decision on such Claim.;dfsPute, or other matter will be fmal and binding upon O~~ ~CONTRACTOR unless: '1. 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 CONIRACTOR), to exercise such rights or remedies as the appe~ing 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 10.0S.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 of the Work ';'-~1 . ~'_ -. .:'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 wlll'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 shan. 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 Work . . :'lJ1lder schedules of job classifications agreed upon by, ,..( 'OWNER and CONTRACTOR. Such employees shall .; . ::"incJude..without limitation superintendents, foremen, ~d:ii";: 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 transportation 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 r materials and equipment shall accrue to OWNER, and .. CONTRACTOR shall make provisions so that they may - be obtained. 00700 - 30 t...) 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from 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 acceptable. If any subcontract provides that the . sUbcontractor is to be paid on the basis of Cost of the '. Wotkplus a fee, the Subcontractor's Cost of the Work and fee shall be'determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this puagraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attoineys'~ '.aiKt 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 incuned in dischuge of duties connected with the Work. -} b. Cost, including transportation and mainte- nance, of "811 :'materials. Supplies. equipment. 1Wichmelji:;ippiiiili.CeSi"bffice, 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 construction equipment and machinery. and the parts thereof whether rented from CONTRACTOR or others in accordance with rent!!l agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similu taxes related to the Work. and for which CON- TRACTOR is liable, imposed by Laws and Regu~ lations. ':J 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, 00700 - 31 and royalty 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.S.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 ~em or for whose acts any of them may be liable. Such losses. . shall include settlements made with. the written t:oDsent and approval of OWNER. No s1ich losses, damages, and expenses 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 . Sjte, expressage, and similar petty cash items in connection with the Work. .~.r " .... '.~~"",....~.~..~>:..'. "!::,.. /'"" 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 Work 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 term Cost of the Work shall not include any of 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 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be 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. " , 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 Joe 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 suppliCt\, , and making good any damage to property. r",; r .. r: S. 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. L.', C. CONI'RACI'OR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered ,by a Clia,nge Order or when a Claim for an adjustment m Contract' Price is determiried on the basis of Cost of the Work, CQ~~TOR's fee shall be determined as set forth in paragraph 12.01.C. " , D. Documentation: 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 generally 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 OWNER 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 paymen: - ~ on account of any of the foregoing will be valid. B. Prior to final 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 Price shall be- correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all 01 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 i~m as indicated in the Agree__ ment. The estimated quantities of items of Unit Price Work are not guaranteed, and are solely for the purpose at comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classificati~ns ot- Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.~. ~ B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover_ i CONTRACTOR's (jvethe8.d imd 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 10.0S 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!1,i:tiooal 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 I~ - 1_.-4_1"'. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ~~. ' '.-- 12.01 Cumge of Contract Price A. 1be Contract Price may only be changed by a Change Order or by a .Written Amendm~. Any Claim for an adjustment in the COntract Price shall be based on written notice submiucd by" die party making the Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.0S. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: .' ". ,. r ~: 1. where the Work involved is covered by unit prices contained in the CoDfraCt 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 (wh.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 12.0l.C). ~ .,'! , ..... ;:..:. C. CONTRACI'OR'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 IS percent; ..J,'~ .. 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 IS 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~~tor; d. no fee shall be payable on the basis of coats 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 amOUDt 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 any one change. the adjustmeri.t 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.' : ;'J,~'," ,;~l- :'" ,', 12.02 Oumge of Contract Times 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 adjusbnent in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONrRA.CI'OR's Control 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 CONTRAcrOR's Control ... ..~ A. The Contract Times (or Mi\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~ . r ... 12.05 Delays Beyond OWNER's and CONTRACTOR'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 f -; ",", ,:'. iilii:t CONTRACTOR, an extension of the COntract 'tmieS (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 I t, A. In no event shall OWNER or ENGINEER be liable 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 arisirlg ~ut 'Of .or resulting from: ' , " " . , '" 1. delays caused by or within the control of CON- TRACTOR; or ,'. . f. :. t , i . ~ 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to f1l'es, floods, epidemics, abnormal weather conditio~, 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 13.01 Notice olDefects 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, -,<lite,,' corrected, or accepted as provided in this Article 13. !' 13.02 Access to Work 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.antl advise them of CONTRACTOR's Site safety procedures ,and programs so that they may comply the~ith 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 cooperate 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 inspections, tests, or approvals required by the Contract Documents - except: .1. for inspectioIis, tests, or !lPprovall~ covered by .J: . . " -'.: .. If:t.. paragraphs 13.03.C and 13.03.0 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) specif1cally 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 certiflcates 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'. 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 ENGINBBR considers it necessary or advisable that covered Work be observed by ENGINBBR or inspected 13.07 Correction Period or tested by others, CONTRACTOR. at ENGINEER's request. sball 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 .. 'such Work is defective, CONTRACTOR shall pay..all.:. Documents or by any specific provision of; the: Contract , ....)'" "CWms" costs, losses, and damages (including but not Ihnited ' Documents, any Work is foUnd ~ be defective; or if the , .. 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 other CONTRACTOR's use by OWNER or permitted 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 (d) 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 rejccted 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) sat1sfac- 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 Times (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, attorneys, 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. 1) ."r- f' - ; - . . r :' , .... ~ '~ .. ." , ' ','- I "~. ; .-- , , :"." ;'~ B. 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 BNGINEER, 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 bas not acted with reasonable piomptness in respPI1Se . ,"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. bCui1cQvered for ENGINEER's observation and replaced at..... CONTRACTOR.'s expense. 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 part 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"ecdon or Removal of Defective Work A. CONTRACTOR shall correct all.defective Work. whether or DOt fabricated, ~ta.11ed. or compl~tcd. 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 9ther 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 Acceptanc~ of Defective Work but not limited to aU 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 10.0S. , . m:.cept s~chdefective Work (such costs to be approved'.by .Such claims, costs, losses and damages will include but.not ~ . ENGINEER as to reasonableness) and the diminished value:~: be limited-to all costs of repair, or replaCement of work"6f ." .,;p{; the,::..wwk' to the extent not otherwise pai~LjlJy,:"'.,,;othen. destroyed or damaged by correction-;.iemovaJ., :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 WUlble to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.0S. 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. f ~ ~. : t. ~ L: i' 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 CON:TRACTOR, 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, _ OWNER 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 inCOIpO- 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 ENGmEER 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 inthe~mtheW~~~~tothe~c~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. The 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 '.' ., .1 -.. , i. f '. :- I ,. I. ~)~. .' :- ....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 signed by CONTRACTOR covering the Work completed as of the date of the Application and, accdmpanied 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 accompaJiieii' 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. final determination of quantities and classificatiOD$:for Unit Price Work under paragraph 9.08, and to anyotb.er 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 progrcss, or involved detailed inspections of the Work 2. BcgiDning 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 . .:'" . there .may not be other matters or issues. between' the' . payiheD.f$ relceived on accQUQt of the Work have been "'parties that might entitle CONTRACTOR to be paid' applied'" olt"a~unt to mschargeCONTRACTOR 's ,;, 1.,.i'r:>:additiOtially by OWNER or entitle OWNER to'withhold""":;\ ;~\. legitimate obligations associated with prior Applications payment to CONTRACTOR. for Payment. 3. The amount of retainagc. 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 recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating'in writing ENGINEER's reasons for- 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 for the purposes of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment, will' 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 account 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, in ENGINEER's opinion, it would be incorrect to make 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; ,. . 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 , . d. ENGINEER has actual knowledge of the occurrence of any of the eventS enumerated in para- graph IS.02.A. ' r ? \ .' C. Payment Becomes Due r' "\ \ , I. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the m;nount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D.. ,Reductio" in "Payment . 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: L. a. claims bave been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; . f' ~ )' i '.\ e.;' b. Uens 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; r :. c. there are other items entitling OWNER to a set-off against the amount recommended; or ,d. OWNER has actual knowledge of the occur- 'i'ence of any of the events enumerated in paragraphs .' 14.Q2.B.S.a through 14.02.B.S.c or paragraph IS.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- L' TOR corrects to OWNER's satisfaction the reasons for " such action. 3. If it is subsequently detennined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shaU be treated as an amount due as - determined by paragraph 14.02.C.I. 14.03 ~ONTRAcroR's Warranty of'lltle 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 pa~ent free a,n~ ~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 ENGIlIJEER i .shall make aniliSpection of the Wor:k to determine the status '.'-,*. '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 dwdng 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 1s 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 amsiders the Work substantially complete, ENGINEER"will 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 tentati~ certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommc;ndation as to division of responsibili- 00700 - 38 - 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, BNGINEBR's aforesaid recommendation will be binding on OWNBllInd CONTRACTOR until final payment. \1 i .,' t'" B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER sba11 allow CONTRACTOR reasonable access to complete or correct items on the tentative list. to , 14.0S Partial Utilizati01l i'. __ t ;. A. Use by OWNER at OWNER's option of any substantially completed part of the Wort which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR 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~ of the remainder of the Work, may be accomplished pn.or tp, Su~~~tial9~P1Pletion of all the Wort subject to the following con~tioriS. r .., .... ~) ~. .. Ii' :....1. ~.:~, 'Il';~':~ ......':;..~ , ,- 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 Wort is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Wort 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 in writing that CONTRACTOR considers any such part of the Wort ready for its intended use and substantially complete and request ENGINBER to issue a certificate of Substantial Completion for that part of the Wort. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEBR shall mate 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 PU1 of the Work may occur prior to compliance with the requirements of paragraph S.IO regarding property insurance. 14.06 Finallnsp,ctio1l ". A. Upon written notice from CONTRACTOR that the . ~ Work or an agreed portion thereof is complete, EN9INEER will . promptly mate a final inspection WltIl OWNER and.. 'CONTRACTOR and will notify CON- TRACTOR. in writing of all particulan in which this inspection reveals that the Wort is incomplete or defective. CONTRACTOR shall immediately take such JIieasures as arc neces~ to complete such Work or remedy such deficiencies . 14.07 Fin/zl Payme1lt A. Applicatio1l for Payme1lt 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the fmal inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, BondS;;'certifica'tes or other evidence of insurance .certificates of inSPection, marked-up record documents (as providedm paragraph. 6.12), and other documents, . CONTRACTOR may mate 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 (Ui) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Wort. 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 in 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 connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier faUs 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 ".J I 1 . I i , J ;. .~ B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and fmal inspection, and ENGINEER's review of the fmal 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~iion 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 final 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 accompanyingdocu- mentation, the amount recommended by ENGINEER . . . . '. :! ,;~" .... " ~I ,- will become due " and, wlieifdue; will be pllid by OWN- ER to CONTRACTOR..", ~,. .' ": . ~ .-,'.1f - . t"";-, r . r. ..;..:;, I ';., '. ~ . 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 baImce 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 submi~;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 j . A. The making and acceptance of fmal payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettle<l- t! Liens, from defective Work appearing after fmal. " inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any- special guarantees specified therein, or from CONTRACTOR's continuing obligations under the . Contract Documents; and 2. a waiv~r, of all Claims by CONTRACTOR against OWNER ,other than those previously made in writing which a~i still unsettled. - ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . ~. i_~ ,~.(.I 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not- 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 the- Work on the date so fixed., 'CONTRACTOR shall be allowed an adjustment in the ContraCt Price or an extension of the _, Contract Times, or~~~"f;U~tly attributable to any sueh.-C suspension "if CON'J'R.IAOTOR make!! a Claiin therefor as . provided in paragrap~"1.0,,q~..: '.., 15.02 OWNER May ' Terminate/or Cause A. The occurrence of any one 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 or 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 or_ Regulations of any public body ~y'ing jurisdiction; 3. CONTRACTOR's disregard of the authority of_ ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. t 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 machincIy at the Site, and use the same to the. full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER.bQ paid CONTRACTOR but which arc stored elsewhere, and finish the Work as OWNER may deem expedient. In 's~.~:Case, CONTRACTOR shall not'be entitled to receive any further payment 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 engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution. 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 shall 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 performed. ._~. . . \~~~~): -,..: Of'. C. Where CONTRACTOR's "seM'ces have been so terminated by OWNER, the termmadon;wilf'not affect any rights or remedies of OWNER against CqNTRACTOR then existing or which may thereafter accrue; Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. !tV . 15.03 OWNER May Terminote 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 Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): engineers, architects, attorneys, and other professionals and all coun or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. . . . B. CONTRACTOR shall not be paid on account of loss of anticipate4- profits or revenue.. or other economic loss arising out 'of or resulting from such termination. . "" ~ . 4;;) 15.04 CONTRAqoR May Stop Work or Terminat~ A. If, through no act or fault of CONTRACTOR, the Work is suspended for more thai1 90 consecutive days by OWNER or UIIder an order of court or-cjtber 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 on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any o1:hp~; .rgpt f.!I remedy, if ENGI- NESR has failed to act on an APPlication for Payment within 30 days after it is subDiitted;i'bt"O'WNER 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 d8mage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. . ARTICLE 16 - DISPUTE RESOLUTION I. 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; J. 2. for expenses sustained prior to the effective date of termination in performing 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 resolution 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 10.0S, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise 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'.! , " \ , r " . - A. Whenever any provision of the Contract Documents requires the giving of written notice, 'it wUl 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 corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the, notice. - r , " i , i.... '. ~:J .... 17.02 Computation of7imes r'.~' ~. :~. .' 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 pcriQd~ 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' , CumulaJive Remedies . -', .....;, A. 1'he 4uties,~ obligations imposed by these General Conditions and the'ri'ghts and remedies availab,le 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 are otherwise' ,,~posed or avaiJ,able by La~s o~ Re~l~t~oD$, )by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. ..: . 1 ; ~ .. & ~'.' . ,:. ~ \, .' \~'~.'~.' ..;;. ," . ;....: ':';:: "'~' .I~~- ';t. .~' ~. .:.:': 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 payment, completion, and acceptance of the Wort or termination or completion of the Agreement. 17.05 ControUing lAw A. This Contract is to be governed by the law of the state in which the Project is located. \.w - 00700 - 42 SUPPLEMENTARY CONDITIONS OF THE AGREEMENT CLP Project No.2002-5201 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, labor, 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 ContracLThis 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" or the equivalent, unless otherwise noted on the drawings or specified by the OWNER. SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the OWNER'S operations meet with a minimum of interference resulting from the work requiring by these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a manner as to permit these continued operations and so as not to interfere with the business of the OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at the pre-construction meeting and restrict all his vehicle and personnel to this route and to the site. The blocking or hindering of traffic will not be permitted. SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in connection with this work. The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and where required, shall properly connect and coordinate his work with theirs. SC-15 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S forces or by other contractors contiguous to work covered by this contractor, the respective rights or the various interests involved shall be established by the OWNER or his resident ins'pector, 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 SUBLETTING 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 (Le., 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 performing 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. 1. 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 Contract, which authorization must be recorded in the files of the Texas State Board of Insurance; d. The person executing the Payment and Performance Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas State Board of Insurance; and e. The person executing the Payment and Performance Bonds must be authorized by the surety company to execute performance and payment bonds on behalf of the company in the amount required for the Contract and such authorization must be recorded in the files of the State Board of Insurance. f. Failure to meet the criteria for acceptability of surety company issuing Payment and 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 contract price will be retained until final payment as described below. If the total Contract price is less than $400,000.00, ten percent (10%) of the total contract price will be retained until final payment as 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 completion 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 startof 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 mediator's 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. :.t:: ,. . '- ...L. _ .L:i ~ r :..;;.:: .l.:,.' .l:-: w i.~ .:: !. i .i:-; -- '-- 1(&1 uUl PREVAILING WAGE RATE DEi'EBMINAT10N BUILDING CONSTRUCTION TRADES COUNTY NAME: HARRIS Date Printed: April 15, 19S7 CLASSIFICATION . Rate Health Pension Vacation . Total Wage ASBESTOS WORKER $9.00 $0.00 $0.00 $0.00 $9.00 CARPENTER $1623 $2.15 S1.17 SO.OO $19~6 CARPET1.A YERlFLOORING INSTALlER S8.00 $0.00 SO.OO $0.00 S8.00 CONCRETE FINISHER $10.00 $0.05 $0.25 $0.04 $1 Q.34 DATA COMMUNlCATIONITELECOM INSTALLER $11.99 $0.18 $0.00 $0.06 $12.23 DRYWALL INSTAUERlCE1L1NG INSTALLER $11.00 $0.00 $0.00 $0.00 $11.00 ELECTRICIAN $13.27 $0.79 $0.27 $0.41 $14.75 ELEVATOR MECHANIC $18.02 $3.85 $2.19 $1.50 $25.56 FIRE PROOFING INSTALLER $11.00 $0.00 $0.00 $0.00 $1 1.00 GI..AZJER $12.53 $0.79 $0.00 $0.72 S14.04 HEAVY EQUIPMENT OPERATOR $13.48 $0.14 . $0.16 $0.02 $13.79 !NSULA TOR $15.78 $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 sa.5a LATHEWPLASTERER $15.10 $2.12 $1.00 $0.00 $1 8.2.2 .LIGHT (EQUIPMENT OPERATOR' $11.46 $0.30 $0.35 $0.02 $12.13 MASON . $14.55 $0.48 $0.24 $0.00 $15.2.7 METAL BUILDING ASSeMBLER $10.00 $0.00 $0.00 $0.00 $1 0.00 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PA1NTEAlWALL COVERING INSTALLER $11.63 $0.87 $0.43 $0.16 $13.10 PIPEFITTER $1 a~38 $3.25 $2.06 $0.00 $23.69 PLUMBER , $19.33 $2.40 $1.45 $0.54 S23.n ROOFER $1 0.00 $0.00 $0.00 $0.00 $'0.00 SHEET METAL WORKER $14.56 . $1.19 $0.62 $0.1"4 $16.52 SPRINKl..ER FITiER $18.25 $3.40 $2.24 $0.00 $23.89 TERRAZZO WORKER $0.00 . $0.00 SO.OO $0.00 SO.OO TILE StTrER $10.00 $Q.OO $0.00 $0.00 $10.00 WATER PROO FERlCAUUKER $11.52 $0.00 $0.00 SO.OO $11.52 .. SO.OO In the rate field Indicates Insufficient data was received to determine a prevanTng 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 pubJrc body awarding a contract does not determine ttte prevailing wage rates and specify the rates In the contract as provided in Section 2258.022. ~ Pl'l:lperty or General SeMe.. Commillalon eased on 1996 Survey Results --.... "'A.:W.'~ ..U...I.' y .a. """......, Gener;aI Services Commission 1711 San lacinlo ~ P.O. Do.x 13047 Au~tin. TC%2.S 78711-3047. \. Web Site: www.gsc.!we.tlC..us (512) 463-3035 .pertinent Information to All PublIc Entitles UsIng Prevailing Wage Rate Determinations .' Produced by the General ServIces CommissIon 1. The contracting entIty awarding any contract for non-federally funded, public works" construction projeCts (regardless of size or dollar value) shall incfude in bid specification documents and contract documents a prevai6ng wage rate detenninafion of per diem wages for the locality in which the work is to be performed' . for each craft or type of workman or mechanIc needed to execute the contract. The Prevamng Wage Rat~ Oetennination is defined as (1) the PrevalUng Wage Rate DetennlnaUon Information sheet (document .. numbor WR1001). (2) the Prevailing Wage Rate Determination for Building Construction Trades, and (3) the Department of Labor (DOL) Heavy Highway Determination. The DOL Heavy HIghway rates are to be p~d to workers engaged In sUe work determined to be fIVe (5) feet beyond the building, extending to the property boundary. . , 2. It shafl be the responslblllty of the contracting entlty to ensure that the General Contract~r posts the applicable Prevalling W~geRatlJ Detennlnation In a prominent, ~ ac:eesslb/e place al'the work site. 3. It shall be the responsibility or the contractfng entity to ensure that no1lessthan the posted, specified rates are paid to al( classIfications of workmen, mechanIcs and laborers employed by the General Contractor and/or Subcontractors-,.In the execution of theIr contract wIth the contracting entity. and to ensure that an workers fit Inlo one of the listed worker classifications for work ot a sJmllar character. For example, . welders are to be paId the rale of pay (or the trade they are working for. 4. It shall be the responsibj(ity of the contracting entity to take cognizance of wage rate disputes and/or compl~Unts of a/l violations of the provisions of Chapter.2258 Texas Government Code litle 10. 5. It shall be the responsTbillry of the contracting entity to address the Issue of fringe benefits in the LJid specification documents and contract documents. The Prevalfing Wage Rate Oetennlnatlons produced by the .General Servfces Commission incllJde fringe benefits In the total wages. The bId specfficatfon . documents and contract documents need to specify whether the contracting entity Is requiring that fringE! benefits be paid. ..' 6. It shaU be the responsfbmty of the contracting entity to' address the Issue of the use of apprer:'tices ~d their payment rate In the bid specification documents and contract documents. The rates spec1fied'ln the PrevaJling Wage Rate OetennJnatlon prodlJced by the General ServIces Commission are Joumeyman rates. Historically, the apprentice rate is commensurate with the experience and skin of the workor. For example, on GSC projects, apprBnUces are paid at a rate of not more than 60% of the Joumeyman1s wage. Also on GSC projects, at no time shall a journeyman. supervise mo~e than one (1) apprentice.. Note: The teems joumoyman and apprentlce apply to b.oth union .and independent workersl and are not intended to imply that these pOSitIons are union workel'$ only. 7. Some Prevamng Wage Rate Detal1Tllnallons for BuDding Cons[ruct!on Trades may indicate $0.00 l~ the "Total Wage" column, rather than a dol(ar amount. In such cases. The General Services CommISSion did not receive sufficient survey data to tabulate a prevailing wage for this wcirkel' classification, In the specified area, and can not provide a prevailIng wage rate for this: classification. Where this occurs, . General Contractors and Subcontractors t:hall not be bound 10 a prevailing wage rate (or the clss:llfIcation in question. . \fIR 10.<1 MIn:n IlI:l8 rP.1l' . -,... ..- .- . ..--',...,....,....,..,~ '" uuz - - - ~.::,' .~., ~. ...... (';"~ ..... ",;;:1 I General Services Commission nIt San Jacinto - P.O. ao~ 1~041 Austin.. Teus 78711-3047 Web Site: WWW.1SUlalc.tx.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 specifrcaUon documents and contract documents: 225a~021. Duty ot Governmental entity to Pay Prevailing Wage Rates (a) The state or any poflU~ subciNision of the state shall pay a worker employed by It or on behalf of It (1) not less than the genGraJ prevaffing rate or per dIem wages tor work of a slmflar character In the locality in which the work Is performed; and. . (2) n~t less than the general prevaUlng l'ate of per diem wages for legal holiday and ovortfme work. (b) Subsection (a) does not apply to maintenance work. (c) A worker Is employed on a public work for the purposes of this section If the worker Is employed by a contractor or subcontractor In the execution of a contract for the public work with the state. a political subdMslon 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) The contractor wno is awai-ded a contract by a public body or a subcontractor of the contractor. shalf pa)' not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. , (b). A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the .day that the wor1<er Is paId less than the wage rates stipulated in the contract. A public body awarcf(ng 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 agreement on the underpaid wages (se9 Attorney General Opinion DM-469). ee) A contractor or subcontractor does not violate this section if a public' body awarding a contract does not determIne the prevaffing wage rates and specify the rates In the contract as provfd~d by S"ection 2258.022. (d) The public body shall use any money collected under thfs secUon to offset the costs incurred in the administration of thIs chapter. " .... ' (e) A munlcipalfty [s entitled to collect a penalty under this section only if the municipality has a population of more than 1 Q,OOO. '\ L..' - 2258.051. Duty of PubUo ~ody to Hear Complaints and WIthhold Payment (a) A public body awarding a contract, and an agent or officer of the public body, shall: (1) take cognIzance of complaints of aU violations of this c:::hapter. committed in tho execution of the contract; and .. . (2.) withhold money forfeIted or required to be withheld under this enapter from the payments to the contractor under the contract, exceptthat the public body may not wfthhold money from other than the tInal payment without determination by the publici body that there Is good causa to bolleve that the contractor has violated this chapter. WRlOOI Ma.... IDIlI ~..~ .....,.,............w___ u_""'~"ti~ - --, -; IAsbestos Wacker Wori<er who removes alid disPoses of asbestos mat"~rials. 1 . <::arpenter Wori<er who ~uilds wood structures, or structureS of any material Which has replacr.d wood. Includes rough and. rlOish carpentry, hatdW3.n! and trim. Carpel LaycrlFtooring Installer Worker who fns~lIs carpet andlor ftcior coverings. vinyf til.. Concrete F"cnisher Won.:er who floats, trowels, and finishes c:onerate. - Data CommunJcatlonITelecom Instalter Wor1cor who installs dalallelephone and telovision cable and assedated equipment and acceSSQries. OrywalllnstaJler/Ceiling Installer Worker who InstaBs metal (ramed waJIs and ceirlngs, drywall coverings, ceiling grids and ceRings. . " ~ 8ectrician " . SkltIed cra.ftsman who Installs or repairs electrical wiring and devices. Includes rife alasm systems, and HV AC electrical controls. 8evator Mechanic Craftsman skRted In the lnstallalion and maintenance of elevators. FIre proorll'1g Installer Worksr who sprayS or appRe$ fire p<<>oling materiab. Glazier Worker who Installs glass,glazing and glass framing. Hea.vy Equipment Operator Include:: but not limited to afl Cat tractor;. alf deafek-powerecf. ell pQW\!r operated cranes, back hoe, back. filler, power operated shovel, wfncta truck. all trenching . machines. Insulator Wacker who applies, sprays, or installs insulation. Iron Worker Skffted craftsman who erects structural steet (ramlng and installs structural concrete Rebar. LsborerlHelper . Worker quaf'rfJed for only unskilled or seml-skllled work. Ufting. carrytng materials . and tool!;, hauling, digging, clean-up. l..alherl?lasteret" Worker who instaDs metal framIng and lath. Wacker who applies plaster to lathing and i~"tns associated accessories. Ught Equipment Operator (ndudes but nat rurutGd to air compressors, truck crane driver, flex plane. bunding elevator. fann grader, c:oncrete mlxsr Oess than 14 cf), conveyor. Mason Craftsman who weeks with masonry ProdudS. stone, brick. block. or aily material substituting (or those materials and accesSories." . Metal Building Assembler WOfXer who assembles pre-made metal bundtngs. Mil1wright Mechanic speclallzlng In 1h~ instaflation of heavy machinery. conveyance, . wrenches, dock levelers, hydraulic lifts and aRgn pumps. P8InterIWall Covering Instaner Wocker who prepares waR surfa~ and appOes palnt and/or wan coverings, ~ and be<1ding. p"~rrtter TraJOOdworker who InstaIl$ pipIng systems. chflled water prptng and hot water (bolter) pl"plng, pneumatic tubing concrols, chillers, boUers, and asscx:iat9d mechan1caj equipmenl Plumber Sldlled craftsman who Installs domestic hot and cold water pfplng, waste piping, storm system pipIng, water closets. sinks, urinals andretated work. Roofer . Wacker who instans roofing materials, SltumGn (asphalt and cold tal), felts, flashings, all types roofing membranes and assocfated products. Sheet Metal Wacker Worker who Installs sheet metal products. Roof metal, tlashings, .end curbs, ductwork, mechanical equipment, and associated metaJs. Sprinkler F1ttlSr Wacker wno InstaBs fn aprinl<ler systems and Rre protection equlpmenl. Terrazzo Woricer Craftsman who places and finishes Terrazzo. Tile Sener Wocker who prepares wall and/or noar surfaces and applies ceramic:: tJ1as te thc~ sunaces." ".". . WatecprooferlCaulker Wor1<er who applies water proofing malerial to bundings. Products Inelude hed sealant, c,lulk, sheet m~mbrane. liquid membrane$, $prayed. rolled. or brus on. . - Worker Classification Definition Sheet - - - - - - - - TECHNICAL SPECIFICATIONS CONCRETE FOR STRUCTURES 1. DESCRIPTION 1. 1 This section shall govern the materials and methods used for the proportioning and mixing of concrete for pavement, driveways, 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. 2.3.2 Crushed stone shall consist of durable particles of stone of uniform quality and having the same wear as that 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. TECHNICAL SPECIFICATIONS 2.3.4 The grading requirements of the course aggregate shall conform to the following: TABLE I Percentage Retained No. Maximum 3" 21/2" 2" 11/2" 1.: 3/4" 1/2" NO.4 Size 1 21/2" 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 consist 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 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% 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. 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. Comp, 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 6 3000 7.0 5-6 1-2 D 3.2 The dry loose volume of course aggregate shall not be more than .82 cubic foot of the finished concrete. 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 30 minute absorption test as defined in THD 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. TECHNICAL SPECIFICATONS 4. CONSISTENCY 4.1 Concrete 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. 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 of30 degrees with the horizontal. 4.2.5 The surface of the finished concrete will be free oflaitance. 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. 4.3.1 The slump tests will be provided by the approved Testing Lab according to the standard ASTM testing procedures. TECHNICAL SPECIFICATONS 5. TESTING OF CONCRETE 5.1 During the progress of the work, the Laboratory will 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 ofthe breaking strength of three cylinders. 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-I. 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 conditions as the concrete represented. 5.5 Other cylinders will be cured in accordance with TIm Bulletin C-11. 6. CONDITIONS 6.1 The concrete shall be mixed in quantities required for immediate use and in concrete not in place within the following: Air Temp. or Concrete Temp. (Highest 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. TECHNICAL SPECIFICATIONS 7. MEASUREMENT 7.1 Unless provided for in the proposal, the quantities of concrete of various classifications will not be measured directly but shall be included in the itemized bid structures. 8. PAYMENT 8.1 Payment will not be made but shall be incidental to the item for which it pertains. ~;i~' A"i"iii:~" "":~~"';"h:"":.l;tl!"';":'''''''' '. PRODIlCIUiI Pi~8t Cam=erci&l IaauraftCe 18201 Gk'f pre.way, Suite 105 Webster. ~X 77S'C 281-480-3311/281.. iSC-.331j' "~,s~" 04/29 ~OO, 11ftS CEJmACATK IS II8UID AS A MATTER bF fNJ!OAMA1WN ClHLY AND DotRM NO IUCH18 UPON tHE ClIl'TIfIICATE foto\.On. TtR CIMIAcATI DO'. NOT AMEND, IXTlND OR !~"TIR THE COV!1WH AIIJCROEO &Y THE JIOUQEf Hl.OW. I &;;QIIlPM.. AFFORDING COVERAGE CQt.lPAN'( . It AmericaA Squi t!. Insuranoe Co. ...... BROOXS AONCRETB _ FaNes 4018 ULBN QDO.!\ CQW~.tl'ir . 014 Ameri(:az1 C011D1:Y Mutual J PAflADElQ CCfJIII>>tt I C . C1:)/IIHNt D d . . ~~%}~. ," .' ",' ". .', ..:;. .,1 ......, :.,,~"~' ,.' :,., .;W::~bt;;,:" , ~~~iy';m~'iliill~'1j!":!;~ ,';. ~W(~~.~.itit~~~ ',. S; .~~.~ . .t.. a:$:t~"" ~it~,... ,'~1:t.'i.'l;i~~\~.:~';l,{~...~M.;K;t:~~~~,.~,.:~~~ri!.:~,.~!~>~ """S r.. ro CI!Rl1FY THAT ~i POliCIES OP INSIJIWlC! I.lI1eD sa.ow "'AVE reN tllSUliJ 1'0 THI! INSURED !lAMIO Niove FflR T"fE FOlIev PePlOO INDICAT!L NQ"IWf1lol8'rANCthG ANY feOVHMENf. T!tW OR OONOITlON OF Awl toNJR,t,C1' Oft 01l-l&l CoeuMENT wmt MS'I!!OT TO ~ICi't THIS CIAft~'7\. ~A" Ill! lIISUfC i)lll MAY PEATA'IIi, TIE INSUAAHOE AFF(R)EO BY 'THE piOUcrES OEleRles HEMIN IS ~USJEOT TO AIoL T~E -mlr.t8. EJtCi.UalQNS ANO CONDITIONS OF eUCH POI..ICIE$. UMIl'S SHOWN MAY HAVE BEeN REOU~ 'Iff PAID OlAlMS. - 01' l ~_ POUe" N~ I fIIOl..cl' IIM'I!C'!lY! lNUCY 1!rM41Dl 1 r'~" 1Io\'II~ IlAlE~, I I ~ Afiai~T; j' DOe 04/14/02 04/1."/031~'~AeGlI"'''0ll0 I . ~ l MJV 11LJ1J1'tt .,.coo 000 . i Ubf OCCIIAlVIC& ., <<10 I ,. I! "lilE 0_0& ~ Ita} .-0 .' :~QP~~ 04/14/03 I C:QIol9IN~ Uil!LlI :.JNrT I.,.ooo,aoo 1I000ll Y 11UlR" I (pat ~_} Pirst American In~~ran~. Co. n 7'7504 co l'l'llt ...,.. I ..... &IAIlIIJTV A ~ COU!Ii~1AL aENI;AA. UAkIlY /,oe_ ~~,~~~~:~! I . __I t-j_h =.J :~~ I B n, Y AVTQ DSU...... Cl- Ot' l!D "IITOG I ~~ IOU. A.EO AU~ ! X I ....4Il) ,tUt0$ I r;;- I ~! 1Clt4o~,lCJ'fOS j ~~. Uot8IJ"/' W AII't A',:1'O ~~ .... :. aM IIAI&m D rX'1 1.'~1liU.A 1'QPM DRL041W A 0'\. .., tHAN 1M8AEl.l.A taIlM , i , ____ t"1llftllSA",* NI' I e jl EIIII'LO"" . 'UfLlT'f j~1 'DIi ~ 'IH:;L I I'~W ~ltml W: . :x l;)~ 01Wl I I I ..... DUeiW"RPll Of 0PiM~~1CUI/tIlEI:IIL ftIII I I I 104/14/02 IlCOl v ~. 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