HomeMy WebLinkAbout1999-01-11 Regular Meeting and Public Hearing of City Council0 •
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NIINUTES OF THE REGULAR MEETING
AND PUBLIC HEARING OF LA PORTE CITY COUNCIL
JANUARY 11, 1999
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, Deods Gay, Charlie Young, Jerry Clarke
and Mayor Norman Malone.
Members of Council Absent: None.
Members of Cb Executive Staff and City Employees Present: City Manager Robert
T. Herrera, Assistant City Manager John Joerns, Assistant City Manager Jeff
Litchfield, City Attorney Knox Askins, City Secretary Martha Gillett, Director of
Public Works Steve Gillett, Director of Administrative Services Louis Rigby, Street
Superintendent Orville Burgess, Assistant Public Works Director Buddy Jacobs, Human
Resources Manager Sydney Upchurch, Purchasing Manager Susan Kelley, Parks and
Recreation Director Stephen Barr, Police Chief Bobby Powell, Planner Masood Malik,
Street Supervisor Gene Emmons, Administrative Assistant Carol Buttler and Planning
Director Doug Kneupper.
Others Present: Spero Pomonis, Kay Scott, Doug Graham, Mrs. Doug Graham, Mr.
and Mrs. Graham, Mr. and Mrs. Joiner, Oliver Stillwell, Joe Furlow, Barry Beasley,
Colleen Hicks and a number of La Porte Citizens.
2. Reverend Oliver Stillwell delivered the Invocation.
3. Council considered approving the minutes of the Regular Meeting on December 28,
1998.
Motion was made by Councilperson Engelken to approve the minutes of the Regular
Meeting on December 28. 1998 as presented. Second by Councilperson Clarke. The
motion carried unanimously.
Ayes: Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone.
Nays: None
Abstain: Sutherland and Griffiths.
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL
The following citizens addressed Council:
Spero Pomonis, 218 Bay Colony Dr., La Porte, Texas, addressed City Council
regarding his dissatisfaction with cable T.V. service provided to La Porte citizens.
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City Council Minutes 1-11-99 - Page 2
Mr. Joiner - 8502 Ashwyne, LaPorte, Texas, addressed Council to inform them he is
opposed to the recent vote to demolish his home due to fire damage.
5. Council presented Douglas Graham, Public Works Street Division with a plaque
honoring him for being selected as the October, November and December 1998
Employee of the Quarter.
6. Open Public Hearing - Mayor Malone opened the public hearing at 6:17 P.M.
Review By Staff - Planning Director Doug Kneupper presented review of the rezoning
request of a 3.702 acre tract from Mid Density Residential (R-2) to General
Commercial (GC). Mr. Kneupper informed Council that at the Planning and Zoning
Public Hearing held on December 17, 1998 there were three (3) responses from citizens
presented. One response in favor and two opposed. Mr. Porter requested to see the
letters of opposition. In addition, he requested that opposing letters be placed in future
packets.
Public Input - Mr. Joe Furlow spoke in favor of the rezoning request.
Recommendation of Staff - Staff recommends City Council consider approving this
rezoning Ordinance.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:26 P.M.
7. Council considered approving Ordinance 1501, more commonly referred to as the
Zoning Ordinance of the City of La Porte by changing classification of that certain
parcel of land herein described.
City Attorney read: ORDINANCE 1501-CC - ORDINANCE AMENDING
ORDINANCE NO. 1501, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING CLASSIFICATION
OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; MAKING
CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Sutherland to approve the Ordinance as presented
by Mr. Kneupper.
Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: done
8. Council considered approving an Ordinance authorizing a contract between the City of
La Porte and Galveston Bay Construction, Inc.
0 •
City Council Meeting Minutes 1-11-99 — Page 3
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 99-2304 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND
GALVESTON BAY CONSTRUCTION, INC. FOR CONSTRUCTION OF SYLVAN
BEACH FISHING STRUCTURAL REPAIR, FENCING REPAIR, & SIGNAGE;
APPROPRIATING $22,328.23 TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Ebow to approve the Ordinance as presented by
Mr. Kneupper.
Second by Councilperson Engelken. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
9. Council considered approval or other action regarding an Ordinance authorizing an
agreement between the City of La Porte and Claunch & Miller, Inc.
Public Works Director Steve Gillett presented summary and recommendation and
addressed Council's questions.
City Attorney read: ORDINANCE 99-2305 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
CLAUNCH & MILLER, INC., TO PROVIDE PROFESSIONAL ENGINEERING
SERVICES FOR WATERLINE REPLACEMENT; APPROPRIATING $41,935.00,
TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve the Ordinance as presented by
Mr. Gillett.
Second by Councilperson Gay. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
10. Council considered approving action instructing the City Manager to utilize contingency
funds.
City Council Meeting Minutes 1-11-99 - Page 4
City Manager Robert T. Herrera presented summary and recommendation.
Motion was made by Councilperson Engelken to authorize the Cif► Manager to utilize
contingency funds as presented by Mr. Herrera.
Second by Councilperson Young. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
11. Consent Agenda:
A. Consider approval or other action to award a bid for replacement of trash truck
- S. Gillett
B. Consider approval or other action to award contract for fencing, dugouts and
batting cages for softball fields at Little Cedar Bayou Park - S. Barr
Motion was made by Councilperson Porter to approve the Consent Agenda as
presented.
Second by Councilperson Ebow. The motion carried unanimously.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor
Malone.
Nays: None
Abstain: None
12. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. January 1999 Council Meeting Dates - Special Called Meeting January 19,
1999, January 25, 1999 Meeting Cancellation.
B. City Election - Saturday, January 16, 1999
C. Chamber Installation Banquet - January 21, 1999
D. Comprehensive Plan Steering Committee - January 14, 1999
E. Workshop Meeting to be held on February 1, 1999.
13. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Porter, Griffiths, Gay, Young, Clarke
and Mayor Malone brought items to Council's attention.
City Council Meeting Minutes 1-11-99- Page 5
14. EXECUTIVE SESSION — PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION,
PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION)
There were no items to be discussed in Executive Session.
15. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
Due to no Executive Session, there was no action taken.
16. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 6:56 P.M.
Respectfully submitted,
1�0, A�w
Martha A. Gillett
City Secretary
Zl�
L. ` apprved on this 19th day of January, 1999.
n noe- , IMayor
•
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 11, 1999
Requested By: Doug Kneupper
Report -solution
Exhibits: 1.Ordinance 1501-CC
2. Area Map
Summary & Recommendation
Department: Planning
X Ordinance
The Planning & Zoning Commission, during its December 17, 1998, meeting held a public hearing to
receive citizen comments regarding Rezone Request #R98-003. The request, submitted by Mr. Joe
Furlow, seeks to rezone approximately 3.702 ac. of Tracts 301A, 302A and 302B of La Porte Outlots,
Hams County, Texas. The property is located in the 1600 Block of Sens Road. The applicant seeks to
have the property rezoned from Mid Density Residential (R-2) to General Commercial (GC). The purpose
of rezoning is to allow construction of a storage building for the expansion of an existing business. Staff
has reviewed the applicant's request and found it to be reasonable. The salient features are as follows:
• The area in which the subject tract is located, based on the criteria established by the City's
Comprehensive Plan, is suitable for the requested general commercial.
• The zoning change would not have a significant impact on traffic conditions in the area, nor would
utilities be affected.
The City has been consistent with providing a portion of general commercial zoning along major roads
within the city limits. The tract is bounded by existing residential and general commercial zoning.
Furthermore, a HCFCD channel is adjacent to this tract on the west and south sides. The development
within the subject tract should not impact the viability of the surrounding area. The requested change
would not be contrary to the goals and objectives of the City's Comprehensive Plan. If approved and
developed in this manner, the Zoning Ordinance requires additional side and rear setbacks plus
landscaped screening when adjacent to residential property.
After receiving input from both proponents and opponents, the Planning and Zoning Commission, by
unanimous vote, has recommended approval of the Rezone Request#R98-003.
Action Required by Council: Consider approval of an Ordinance rezoning a 3.702 acre tract from
Mid Density Residential (R-2) to General Commercial (GC)
Availability of Funds:
General Fund
Capital Improvement
Other
Water/Wastewater
General Revenue Sharing
Account Number: Funds Available: Yes No
Approved for City Council Agenda
i ��1--1.99
Robert T. Herrera Date
City Manager
Copy -
ORDINANCE NO1
ORDINANCE AMENDING ORDINANCE NO. 1501, MORE COMMONLY REFERRED
TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to -wit, on the 17`h day of December, 1998, at 6:00 p.m. a
Public Hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter
551, Texas Government Code, to consider the question and the possible
reclassification of the zoning classification of the hereinafter described parcels of land.
There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein
and made a part hereof for all purposes, a copy of Notice of Public Hearing which the
City Council of the City of La Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof for all purposes.
"Section 3. Subsequent to such public hearing, the Planning and Zoning
Commission of the City of La Porte met in regular session on the 17'h day of
December, 1998, at 6:00 p.m., to consider the changes in classification which were the
subject of such public hearing. The City Council of the City of La Porte is in receipt of
the written recommendations of the City of La Porte Planning and Zoning Commission,
ORDINANCE NO. 15f-CC •
Page 2 of 4
by letter dated December 18, 1998, a true copy of which letter is attached hereto as
Exhibit "C", incorporated by reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 1 V' day of January, 1999, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit
"D", incorporated by reference herein and made a part hereof for all purposes, a copy of
the notice of public hearing which the City Council of the City of La Porte hereby finds
was properly mailed to the owners of all properties located within two hundred feet
(200') of the properties under consideration.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed, and the zoning classification
of said parcels of land shall hereafter be "G.C. - General Commercial." The description
of said parcels of land rezoned to General Commercial is as follows, to -wit:
ORDINANCE NO. 'I# CC •
Page 3 of 4
1600 Sens Road, a/k/a Tracts 302A and 3026, La Porte Outlots
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines
and declares that the amendments to the City of La Porte Zoning Map and
Classification contained in this Ordinance as amendments to City of La Porte Zoning
Ordinance No. 1501 are desirable and in furtherance of the goals and objectives stated
in the City of La Porte's comprehensive plan Ordinance No. 1501(A),
"Section 8. 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 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 9. This Ordinance shall be in effect from and after its passage and
approval.
PASSED AND APPROVED THIS THE _1 1 . - DAY OF 1999.
CITY OF LA PORTE
ORDINANCE NO. 15CC •
Page 4 of 4
ATTEST:
By
q� � 4A r"q, Imi
MAR HA GILLE
City Secretary
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 211.006 of the Texas Local
Government Code and Section 106-302 of the Code of Ordinances of the City of La
Porte, notice is hereby given that the La Porte Planning and Zoning Commission will
conduct a public hearing at 6:00 P.M. on the 17'h day of December,1998, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to consider rezone request #98-003, which has been requested for the
property located in the 1600 Block of Sens Road, LaPorte, Harris County, Texas. The
property in question is further described by the Harris County Appraisal District as Tracts
302A and 302B; La Porte Outlots. The request submitted by Joe Furlow, property owner,
seeks to have the property in question rezoned from Mid Density Residential (R-2) to
General Commercial (GC). The purpose of the zone change request is to allow
construction of a storage building for the expansion of an existing business.
A regular meeting of the Planning and Zoning Commission will follow the public
hearing for the purpose of acting upon the public hearing items and to conduct other
matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will
be required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EW19rr
1200 Hwy. 146 •
Suite 190
P.O. Box 1414
The B
11
La Porte, Texas 77571
(713) 471-1234
re Sun
1947'
r In accordance with the provisions
of Section 211.006 of the Texas Local
County of Harris
Government Code and Section 106-302 of
the Code of Ordinances of the City of La
State of Texas
Porte, notice is hereby given that the La Porte
City Council will conduct a public hearing
at 6:00 P.M. on the 11th day of January,
1999, in the Council Chambers of the City
Before me, the undersigned authority, on this date
Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to
came and appeared John Black, Editor & Publisher of
consider rezoning request #98-003, which
has been requested for th roperty located
The Bayshore Sun, a semi weekly newspaper published
in the 160 B Sen oad, La Porte,
Harris C nty, as. a in
in the City of la Porte, Harris County, Texas, and
props
th s
Co my is rth d r ed Tracts
County Ap 'sal 'ct Tracts 2A
who after being duly sax�rri, says the attached notice
302B; La orte Outl s,07e requ t
submitted by Joe Furl prgFe own r,
to have
was published in The Bayshore Sun of 12 27 9
seeks the prdperty in q rezoned
from Mid Density Residential (R-2) to
/ n
General Commercial (GC). The purpose of
the expansion of an existing business. 1
ll regular meeting of the City .
Council will follow the public hearing for the
purpose of acting upon hearing items and
John Black to conduct other matters pertaining to the
Editor & Publisher Council.
Citizens wishing to address the
Council pro or con during the public hearing
vOWSworn and subscribed before me this „?"T N ledon day of required to sign in before the meeting
s"c'onvened.
THE CITY OF LA PORTE
MARTHA GILLETT
CITY SECRETARY
--- .... _...... _.._. -....
Sandra E. Btangarner
Notary Public
Harris County, Texas
✓�
SANDRA E. 8UMWRNER
l NOTARY PUBLIC, STATE OF TEXAS
1 MY COMMISSION EXPIRES
FEB. 19, 2002
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EXHIBIT
L • •
City of La Porte
u m
Established 1892
rexc�g
December 18, 1998
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R98-003
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its December 17,
1998, meeting, held a public hearing to consider Rezone Request #R98-003.
The request, submitted by Joe Furlow, seeks to rezone Tracts 302A and
302B; La Porte Outlots. The property in question is located in the 1600
Block of Sens Road. The applicant seeks to have the property rezoned from
Mid Density Residential (R-2) to General Commercial (GC).
The Planning and Zoning Commission, by majority vote, has recommended
approval of Rezone Request #R98-003.
Respectfully submitted,
4-/
Betty . Waters
Chairperson, Planning and Zoning Commission
P.O. Box 1115 0 La Porre, Texas 77572-11 15 • (713) 471-5020
THE STATE OF 'TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 211.006 of the Texas Local
Government Code and Section 106-302 of the Code of Ordinances of the City of La
Porte, notice is hereby even that the La Porte City Council will conduct a public hearing
at 6:00 P.1VL on the 11 day of January,1999, in the Council Chambers of the City
Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to
consider rezone request #98-003, which has been requested for the property located in the
1600 Block of Sens Road, La Porte, Hams County, Texas. The property in question is
further described by the Harris County Appraisal District as Tracts 302A and 302B; La
Porte Outlots. The request submitted by Joe Furlow, property owner, seeks to have the
property in question rezoned from Mid Density Residential (R-2) to General Commercial
(GC). The purpose of the zone change request is to allow construction of a storage
building for the expansion of an existing business.
A regular meeting of the City Council will follow the public hearing for the
purpose of acting upon the public hearing items and to conduct other matters pertaining
to the Council.
Citizens wishing to address the Council pro or con during the public hearing will
be required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
"HIBIr 1)
1200 Hwy. 146 LaPorte, Texas 77571
0
Suite 180 \ (713) 471-1234
P.O. Box 1414
The
ore
'Voice Of TheayshprelSince 1947'
PUBLIC NOTICES
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
County of Harris
State of Texas NOTICE OF PUBLIC HEARING
In accordance with provisions of
Section 211.006 of the Texas Local
Before me, the undersigned authority, on this date Government Code and Section 106-302 of
the Code of Ordinances of the City of La
came and appeared John Black, Editor & Publisher of Porte, notice is hereby given that the La Porte
Planning and Zoning Commission will conduct
The Bayshore Sun, a semi -weekly newspaper published a public hearing at 6:00 P.M. on the 17th
day of December, 1998, in the Council
in the City of la Porte, Harris County, Texas, and Chambers of a Cily Hall, est FairmontParkw La rte, Texa . purpose of
who after being duly, st"x)rn, says the attached notice this a g to consid %vez ne request
Baas published in The Bayshore Sun of 11/29/98 #963, i na en requ ted for the
pub prop�Y loca d ' �160� fJ BI of Sens
Road,�a Po Harunty, Texas. The
property in qu ton herdescribed by
the Harris Coun Appraisal District as Tracts
302A and 302B, La Porte Outlots. The request
submitted by Joe Furlow, property owner,
A ,� seeks to have the property in question
V rezoned from Mid Density Residential (R-
John Black ie2) to General Commercial (GC). The
purpose of the zone change request is to
Editor & Publisher allow construction of a storage building for
the expansion of an existing business.
A regular meeting of the
Planning and Zoning Commission will follow
Sow and subscribed before me this o?al?N day of the public hearing for the purpose of acting
19 9� upon the public hearing items and to conduct
other matters pertaining to the
Commission.
Citizens wishing to address the
Commission pro or con during the public
hearing will be required to sign in before
Sandra E. Biamgarner the meeting is convened.
Notary Public
Harris County, Texas CITY OF LA PORTE
Martha Gillett
City Secretary
SANDRA E. BUMGARNER
• • NOTARY PUBLIC. STATE OF TEXAS
MY COMMISSION EXPIRES
FEB. 19, 2002 N
SCHIBIT B
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318
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319
320
N.T.S.
303
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302
301
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PROPOSED REZONING OF OUTLOT 302
APPROXIMATELY, A 3.702 AC. TRCT.
WITHIN THE LA PORTE OUTLOTS
R-2 IS EXISTING ZONE
Agenda Date Requested: December 28, 1998
Requested By: Doug Kneuppe Department: Planning
Report Resolution X Ordinance
Exhibits: Ordinance
Bid Tabulation
Bidder's List
Summary & Recommendation
During Tropical Storm Frances in summer 1998, the Sylvan Beach Fishing Pier was damaged by high
winds and wave action. An escrow account to repair pier damage currently exists with $109,185.74.
The funds for this account are generated from pier ticket sales. An agreement between the City and
County requires written authorization from Commissioner Fonteno for the expenditure of anything
greater than $5,000 from this account. The Sylvan Beach Fishing Pier Structural Repairs, Fencing
Repair & Signage Project involves the installation of four 12" butt by 30' piles with complementary
beams. All damaged guardrails and Tek-Deck flooring will be removed and replaced to restore pier to
its original condition. Approximately 60' of 6' chain -link entrance fence and two 6' x 7' gates will be
removed and replaced and a wooden entrance sign will be reinstalled.
Survey, design and engineering were performed on this project utilizing City staff. On December 29",
1998, the City received competitive bids from 2 qualified contractors (see attached Bid Tabulation).
The low bid was submitted by Galveston Bay Construction, Inc. of Stowell, Texas in the amount of
$21,228.23.
Staff has reviewed the bids submitted and determined the low bid from Galveston Bay Construction,
Inc. is within the budgeted amount and Galveston Bay Construction, Inc. is qualified to perform this
work. Staff recommends that the City Council authorize the City Manager to execute a contract with
Galveston Bay Construction, Inc. in the amount of $21,228.23 and further authorizing $1,100 (50/6)
contingency for construction of the Sylvan Beach Fishing Pier Structural Repairs, Fencing Repair &
Signage Project.
Action Required by Council:
Consider approving an ordinance authorizing the City Manager to execute a contract with Galveston
Bay Construction, Inc. in the amount of $21,228.23 and further authorizing $1,100 (5%) contingency
for construction of the Sylvan Beach Fishing Pier Structural Repairs, Fencing Repair & Signage
Project.
Availability of Funds:
General Fund
Capital Improvement
X Other
Account Number: 001-0000-202.06-10
Water/Wastewater
General Revenue Sharing
Funds Available: X Yes No
Approved for City Council Agenda
(5? T. 1V 1-1-19
Robert T. Herrera Date
City Manager
ORDINANCE NO. 99 2304
capy
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND GALVESTON BAY
CONSTRUCTION, INC. FOR CONSTRUCTION OF SYLVAN BEACH
FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR, &
SIGNAGE; APPROPRIATING $22,32S.23 TO FUND SAID CONTRACT;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of this
ordinance, in substantially the form as shown in the document which is
attached hereto and incorporated herein by this reference. The City
Manager is hereby authorized to execute such document and all related
documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City
to all such documents. City Council appropriates the sum of $22,328.23
from Capital Improvement Fund 015 to fund said contract.
Section 2. The City Council officially finds, determines, recites,
and declares that a sufficient written notice of the date, hour, place and
subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
ORDINANCE NO. 99-2304
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this January 1 lth, 1999.
CITY F LA PORTE
By:
o an L. alone,
Mayor
ATTEST:
Martha Gillett,
City Secretary 4
AP O D:
Z
ox W. Askins,
City Attorney
CITY OF LA PORTE
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR, & SIGNAGE
CLP PROJECT #98-5302
BID TABULATION
CONTRACTOR NAME ..
.
;BID : `..
RECEIVED.:
..: RECEIVED...
.DAYS TO'
:'BASE BID- --
:.. :.
:: •: ::: r.. :. _
BO ND?
SUPFI,EMENT
$UPPLEMEN'T
` CONOLETE:.::.
::..
#2?:
Galveston Bay Construction, Inc.
Yes
Yes
Yes
45
$21,228.23
Mid -Gulf Industrial, Inc.
Yes
Yes
Yes
45
$27,344.00
u
18
C�
•
CITY OF LA PORTE
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIR,
FENCING REPAIR, & SIGNAGE
CLP PROJECT #98-5302
Advertising
The Bayshore Sun — December 13`h and 20*, 1998
Bid Notice Faxed
La Porte-Bayshore Marine, Inc.
Chamber of Commerce 1925 S.H. 146
Kemah, TX 77565
Padgett Shoreline Construction, Inc. Galveston Bay Construction, Inc.
PO Box 165 PO Box 499
Baycliff, TX 77518 Stowell, TX 77661
Contractors That Picked Up Plans & Specifications
Galveston Bay Construction, Inc. Mike Shannahan
PO Box 499 281-470-1127
Stowell, TX 77661
Mid -Gulf Industrial, Inc. L & W LaFour & Sons Construction Co.
PO Box 6140 Rout 10 Box 1472
Pasadena, TX 77506 Livngston, TX 77351
� L •
M
rexa•9
• cory
City of La Porte
Established 1892
December 28, 1998
Supplement No. 1 to Invitation to Bidders
under Project No. 98-5302
To all prospective bidders under Project No. 98-5302 for Sylvan
Beach Fishing Pier Structural Repair, Fencing Repair and Signage,
for which bids are to be received by the City of La Porte at its office
at 604 West Fairmont Parkway, La Porte, Texas 77571 until 4:00
p.m., December 29, 1998.
The City of La Porte will supply any new Tek-Deck material required for this
project.
Bidders shall acknowledge receipt of this Supplement No. 1 on the submitted
BASE BID PROPOSAL.
By: Dou s K Kne pper, P.E.
City Engineer
sox (- i
City of La forte
Established 1892
December 28, 1998
Supplement No. 2 to Invitation to Bidders
under Project No. 98-5302
To all prospective bidders under Project No. 98-5302 for Sylvan
Beach Fishing Pier Structural Repair, Fencing Repair and Signage,
for which bids are to be received by the City of La Porte at its office
at 604 West Fairmont Parkway, La Porte, Texas 77571 until 4:00
p.m., December 29, 1998.
A Payment Bond will not be required for this project if the Total Base Bid is
less than $25,000.
Bidders shall acknowledge receipt of this Supplement No. 1 on the submitted
BASE BID PROPOSAL.
By: Dou as K Kn per, P. E.
City Engineer
1'.0. Nix 1 1 15 0 Li P.,rre. Texa- 775 2-1 1 15 • (i 1 ,) 171-502C.•
•
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
SYLVAN BEACH FISHING PIER
STRUCTURAL REPAIR, FENCING
REPAIR & SIGNAGE
DOUGLAS K. KNEUPPEP
Ate::._ 77145
CffY OF LA PORTE, TEXAS .
DECEMBER 1998
CLP PROJECT NO. 98-5302
•
•
CITY OF LA PORTE
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIRS,
FENCING REPAIR & SIGNAGE
CLP Project No. 98-5204
TABLE OF CONTENTS
SECTION NO. OF PAGES
NOTICETO BIDDERS............................................................................................................1
SCOPEOF WORK.................................................................................................................:1
INSTRUCTIONS TO BIDDERS.............................................................................................. 5
BIDPROPOSAL & SCHEDULE............................................................................................. 4
AGREEMENT........................................................................................................................... 2
GENERALCONDITIONS...................................................................................................... 42
SUPPLEMENTARY CONDITIONS.....................................................................................10
PREVAILING WAGE RATE DETERMINATION.................................................................... 4
PLANS...................................................................................................................................... 5
NOTICE TO BIDDERS
1. Sealed bids, in duplicate, on the original forms, signed by an officer of the Company, and
addressed to Martha Gillett, City Secretary, City of La Porte, 604 W. Fairmont Parkway,
P.O. Box 1115, La Porte, Texas 77572-1115 will be received until 4:00 PM, December
29. 1998, for the construction of:
CITY OF LA PORTE
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIR,
FENCING REPAIR & SIGNAGE
CLP PROJECT NO.98-5302
2. Interested contractors may obtain plans, specifications and necessary bidding information at
no cost from:
CITY OF LA PORTE
PLANNING DEPARTMENT
604 W. FAIRMONT PARKWAY
LA PORTE, TEXAS 77571
(281) 471-5020
3. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or bid bond
from a surety company licensed in the State of Texas in an amount not less than five percent
(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.
4. The City of Porte hereby notifies all bidders that in regard to any Agreement entered into
pursuant to this advertisement, minority business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, age, religion or national origin in consideration
for an award.
5. 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
Nodoe 1 of I
•
SCOPE OF WORK
CITY OF LA PORTE
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIRS,
FENCING REPAIR & SIGNAGE
CLP Project No. 98-6204
Scope of Work
Contractor shall provide equipment, materials and workmanship to
repair damage to the Sylvan Beach Fishing Pier. Contractor shall
install four 12" butt by 30' piles with complementary beams as
shown on the accompanying Drawing 98-5302, sheets 1 and 2.
Contractor shall remove existing deck as required to install piles
and beams. Contractor shall remove and replace all damaged
guardrails, Tek Deck flooring, to specifications as shown on
Drawing 98-5302, sheet 4; to restore pier to its original condition.
Contractor shall remove and replace approximately 60' of 6' chain
link entrance fence, and two 6' x 7' gates. Contractor shall reinstall
wooden entrance sign (Spanish language) to match existing sign in
place at the pier.
Fence
Fence fabric shall be 9-gauge mesh, hot dipped galvanized, 6' in
height, with "twist -twist" weave, top and bottom.
Line Posts
Line Posts shall be standard one and seven -eighths (1 7/8") outside
diameter by eight feet (8') in length minimum, galvanized pipe with
permanent cast galvanized three strand barbed wire cap, post
installed in concrete.
Gates
Sign
Contractor shall provide one (1) each 6' x 7' (six foot by seven foot)
high latching gate and one (1) ea. pin/socket gate, with associated
hardware, including three strand barbed wire to match fence. Gate
is to be fabricated from 2" Schedule 40 galvanized steel pipe; with
joints welded, then hot dipped galvanized prior to installation. Gate
fabric shall be 9 gauge mesh, hot dipped galvanized.
Sign shall be provided; contractor to mount in treated 4' by 4' frame
to match existing sign; and mounted in concrete, in location to be
sited by City of La Porte representative.
A Payment Bond shall be required for this project.
•
•
INSTRUCTIONS TO BIDDERS
RECEIPT AND OPENING OF BIDS
The City of La Porte (herein called "Owner'), invites bids on the form attached hereto, all
blanks of which must be appropriately filled in. Bids will be received by the Owner at the
office of the City Secretary, until the time and date indicated within the NOTICE TO
BIDDERS, and then at said office publicly opened and read aloud. The envelopes
containing the bids must be sealed and addressed to Martha G01ett, City Secretary at
P.O. Box 1115, 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 submitted in duplicate in a sealed envelope bearing on the outside the
name of the bidder, his address, and the name of the project for which the bid is submitted.
If forwarded by mail, the sealed envelope containing the bid must be enclosed in another
envelope, address as specified in the bid form.
• 11 a1R
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
Iafnuaiow 1 of
satisfied that a written confirmation of the telegraphic modification of the bidder was mailed
prior to the closing time. The telegraphic communication should not reveal the bid price
but should provide the addition or subtraction or other modification so that the final prices
or terms will not be known by the Owner until the sealed bid is opened. If written
confirmation is not received within two (2) days from the closing time, no consideration
will be given to the telegraphic modification.
METHOD OF BIDDING
The Owner invites the following type of bid: Unit Price Bid
QUALIFICATIONS OF BIDDER
The Owner may make such investigations as he deems necessary to determine the ability of
the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves the
right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to
satisfy the Owner that such bidder is properly qualified to carry out the obligations of the
contract and to complete the work contemplated therein. Conditional bids will not be
accepted.
BID SECURITY
Each bid must be accompanied by a cashier's check, a certified check of the bidder, or a
bid bond prepared, duly executed on the form enclosed herein by the bidder as principal and
having as surety thereon a surety company approved by the Owner, in the amount of five
percent (5 %) of the bid. Such checks or bid bonds will be returned to all except the three
(3) lowest bidders within three (3) days after the opening of bids, and the remaining checks
or bid bonds will be returned promptly after the Owner and the accepted bidder have
executed the contract, or, if no award has been made within thirty (30) days after the date
of the opening of bids, upon demand of the bidder at any time thereafter, so long as he 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.
InsbucdM 2 of 5
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 should be in writing
addressed to "City of La Porte, Attn: Planning Deparbnent, P.O. Box 1115, La Porte,
Texas 71572-1115" and to be given consideration must be received at least five (5) days
prior to the date fixed from the opening of bids. Any and all such interpretations or any
supplemental instructions will be in the form of written addenda to the specifications which,
if issued, will be mailed by certified mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such purposes), not later than three (3)
days prior to the date fixed for the opening of bids. Failure of any bidder to receive any
such addendum or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the contract documents.
CONTRACT SECURITY
The Contractor shall be required to furnish a payment bond, executed on the forms enclosed
herein, in an amount at least equal to one hundred percent (100%) of the total contract
price, as security for the payment of all persons performing labor or furnishing materials
and equipment on the project. With the absence of a Performance Bond the Owner wM
not make Progm ft1 mg9a. One bWR sum payment will be made to contractor at
the completion of the project.
Imbucdow 3ofs
NOTICE OF SUPPLEMENTAL GENERAL CONDITIONS AND SPECIAL CONDITIONS
Attention is particularly called to those parts of the contract documents and specifications
which deal with the following:
a. Survey, Permits and Regulations
b. Protection of Work and Property
C. Time of Completion and Liquidated Damages
d. Subsurface Conditions Found Different
e. Insurance
f. Separate Contract
g. Subcontracting
h. ]Photographs of the Project
LAWS AND REGULATIONS
The bidder's attention is directed to the fact that all applicable State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over
construction of the project shall apply to the contract throughout, and they will be deemed
to be included in the contract the same as though herein written out in full.
METHOD OF AWARD - LOWEST QUALIFIED BIDDERS
If at the time this contract is to be awarded, the lowest base bid submitted by a responsible
bidder does not exceed the amount of funds then estimated by the Owner as available to
finance the contract, the contract will be awarded on the base bid only. If such bid exceeds
such amount, the Owner may reject all bids.
The Owner further reserves the right to award the contract based on an adjusted base bid,
which shall consist of any combination of alternate bid items and bid items included in the
base bid.
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.
rnstmcdow 4 ors
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 91596).
(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.
hmUUCdOW s or 5
n1
Proposal.
of eti (ereincafter called "Bidder")* a/�G
corporation, organized and existing under the laws of the State ofs�—Wp__O�,* a partnership, or an individual doing
business as to the City of La Porte, Texas (hereinafter called "Owner").
Ladies and Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of SYLVAN BEACH FISHING
PIER REPAIR per plans and specifications prepared by the City of La Porte, and having examined the plans and
specifications with related documents and the site of the proposed work, and being familiar with all of the conditions
surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes
to furnish all labor, materials and supplies and to construct the project in accordance with the contract documents,
within the time set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all
expenses incurred in performing the work required under the contract documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to
Proceed" of the Owner and to fully complete the project within 45 consecutive calendar days thereafter
as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each
consecutive calendar day thereafter as provided in Paragraph SC-5 of the Supplementary Conditions of the
Agreement.
Bidder acknowledges receipt of the following addendum:
#l-,*k2
PIDPONl 1 of 3
•
BASE BID PROPOSAL
BASE PROPOSAL: Bidder agrees to perform all of the work shown on the Tans forth escrbed in the
specifications for the sum o - -�- w Mpi
�l�
(Amount shall be shown in boffi words and figures. In case W dNcrepancy, the amount shown in words will
govern.)
Bidder understands that the Owner reserves the right to reject any or all buds and to waive any informalities in
the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached
within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid seclnity
attached in the sum of r4khr&K *4 ($ j p 1, (. l.[ I ) is to become the property
of the Owner in the event the contract and orals arc noY c wcd within the tiric above set forth, as liquidated
damages for the delay and additional expense to the Owner caused thereby.
Respectfully submitted :
BY:� 7T-h 13-lon
(AuthJrizcd Person)
(Typed or written)
(Signs of Author' Person)
(SEAL) prg l clg mi
(Title)
PT) Q34 �m
(Business Address)
*�} b uM-q %.XAUO
(City) (State) (Zip Code)
Atq
(Telephone Number)
Pwpanl 2 of 3
• 0
STATEMENT OF MATERIALS AND OTHER CHARGES
MATERIALS INCORPORATED INTO THE PROJECT:
ALL OTHER CHARGES:
TOTAL:
$ 3.Roq.c(S
$ 1"1,3 1S . a?
$ �l. zz?.a.3
If
This total must agree with the total "Total Amount Bid" figure shown on the bid sheet.
For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material
incorporated into the project in excess of the cstimatcd quantity provided for herein will be no less than the invoice
price for such material to the Contractor.
hapomd 3 of 3
BID SCHEDULE
DESCRIPTION: SYLVAN BEACH FISHING PIER REPAIR
ITEM I DESCRIPTION
NO.
BASE BID
UNIT ESTIMATED I UNIT PRICE (WORDS)
QUANTITIE
S
UNIT PRICE I TOTAL
(NUMBERS)
1
Install Wood Piles Per
Specifications
EACH
►b
4
AhA%— ,,.Q *p 4 - M44
�6
�� 1�
U V dollars and
cents
2
Remove And Replace
Damaged Pier Materials
Lump
sum
1
tea,,
a�S,
llars and
cents
3
Install 6' X 7' Gates
EACH
�-�
655
2
p ,q
Law,
-4 dollars and
cents
4
Construct Frame And Install
Sign To Match Existing
Lump
sum
MOc.�
1
dollars and
cents
5
Remove And Install Fencing
LF
33S'l
60
p 1 1,
, dollars and
cents
0 r a ,
TOTAL BASE BID $ .21 2-2-S. X3
A
S-
W
L-J
AGREEMENT
CLP Project No 98-5204
THIS AGREEMENT, made this 11th day of January , 1999 by
and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein
through its CITY MANAGER and Galveston Bay Construction, Inc.
(Name of Contracting Firm)
Strike out inapplicable terms: (a corporation) (a paFtFiMhip) eF (an individual
deiRg-b11siAess-as:) of Stowell , County of Chambers. and State of
Texas, hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER,
the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
SYLVAN BEACH FISHING PIER STRUCTURAL REPAIR,
FENCING REPAIR & SIGNAGE
CLP PROJECT NO.98-5302
hereinafter called the project, for the Total Price of
Twenty -One -Thousand Two -Hundred Twenty -Eight and 23/00 Dollars
($21.228.23 ) and all extra work in connection therewith, under the terms
as stated in the General and Supplementary Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper
cost and expense, to 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.
•
The CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in a written "Notice to Proceed" of the Owner and to
fully complete the project within 45 calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the
sum of 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.
By: (20 i .
Robert T. Herrera
City Manager
Title
City of La Porte
Name of Owner
SEAL
Attest:
By:0,1 #4 a, 0. eYZM
Martha Gillett
SEAL
caelo^es TC S>,
Name of ctin F
By:
Signature of Authorized Person
/?ew .
Title of Authorized Person
SrC� &L,.;:� 2
Address and Zip Code �5 7(//
City Secretary
Title
Approved as to Form:--6eyW-,- /'(.(�Xl /
City Attorney
i
Witness
• 0
IN WITNESS WIEREOF, the said Principal and Surety have signed and sealed this
instrument this day of , 1999.
Principal
By:
Title:
Address:
By:
Title:
Address:
The name and address of the Resident Agent of Surety is:
Surety
Payout Bond 2 of 2
This document has im�ant legal consequences: consultation wit attorney is encouraged with
respect to its completi r modification.
E
STANDARD
GENERAL CONDITIONS
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published Jointly By
1
NCI IF * AMEAICM
SOtaET7 OF
IVftEt161MEERStt32
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General Contractors of America
These General Conditions have been prepared for use with the Owner -Contractor Agreements (No.1910-8-A-i or
1910-&A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910.17) (1990 Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
EJCDC No. 19104 (1990 Edition)
Renrinted -%I
C 1990 National Society of Professional Engineers
1420 King Street, Alexandria, VA =3 14
American Consulting Engineers Council
1015 15th Street. N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York. NY 10017
Construction Specifications Institute
601 Madison St., Alexandria, VA 22314
• 0
TABLE OF CONTENTS OF GENERAL CONDITIONS
R tick or Paragraph
Number do
Tale Ne
1. DEFINITIONS ...................................
1.1
Addenda .............................
..
Agreement ...........................
1.3
Application for Payment ..............
1.4
Asbestos .............................
1.5
Bid ...................................
1.6
Bidding Documents ...................
1.7
Bidding Requirements ................
1.8
Bonds ................................
1.9
Change Order ........................
1.10
Contract Documents ..................
1.11
Contract Price ........................
1.12
Contract Times .......................
1.13
CONTRACTOR ......................
1.14
defective .............................
1.15
Drawings .......:.....................
1.16
Effective Date of the Agreenteat ......
1.17
ENGINEER ..........................
1.18
ENGINEER's Consultant .............
1.19
Field Order ...........................
120
General Requirements ................
1.21
Hazardous Waste .....................
1.22
Laws and Regulations; Laws or
Regulations........................
1.23
Liens .................................
1.24
Milestone .............................
1.25
Notice of Award ......................
126
Notice to Proceed ....................
1.27
OWNER .............................
128
Partial Utilization .....................
1.29
PCBs .................................
130
Petroleum ............................
131
Project ...............................
1.32
Radioactive Material ..................
1.33
Resident Project Representative .......
4.34
Samples ..............................
1.35
Shop Drawings .......................
1.36
Specifications .........................
1.37
Subcontractor ........................
138
Substantial Completion ...............
1.39
Supplementary Conditions ............
1.40
Supplier ..............................
1.41
Underground Facilities .............. :.
1.42
Unit Price Work ......................
1.43
Work .................................
1.44
Work Change Directive ...............
1.45
Written Amendment ..................
Page
rmoer
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
14
14
2. PRELMUNARY MATTERS ......................
2.1 Delivery of Bonds ....................
22 Copies of Documents .................
23 Commencement of Connect Tunes:
Notice to Proceed ..................
2.4 Starting the Work .....................
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
Is
is
15
IS
is
15
is
15
Article or Paragraph
Page
Number do Title Number
2.5-2.7 Before Starting Construction:
CONTRACTOR's Responsibility to
Report Preliminary Schedules:
Delivery of Certificates of
Insurance ..........................
2.8 Preconstruction Conference ...........
2.9 Initially Acceptable Schedules .........
3. CONTRACT DOCUMENTS: INTENT.
AMENDING.
REUSE ............................
3.1-3 2
Intent ................................
3.3
Reference to Standards and
Specifications of Technical Societies;
Repotting and Resolving
Discrepancies ......................
3.4
Intent of Certain Terms or Adjectives ..
3.5
Amending Contract Documents .......
3.6
Supplementing Contract Documents ...
3.7
Reuse of Documents ..................
4. AVAILABILITY OF L4NDS; SUBSURFACE AND
PHYSICAL CONDITIONS; REFERENCE POINTS.
4.1
Availability of Lands ..................
4.2
Subsurface and Physical Conditions ...
4.2.1
Reports and Drawings ................
4.2 2
Limited Reliance by CONTRACTOR
Authorized: Technical Data .........
4.23
Notice of Differing Subsurface or
Physical Conditions .................
4.2.4
ENGINEER's Review ................
4 2.5
Possible Contract Documents Change .
4 2.6
Possible Price and Times Adjustments .
4.3
Physical Conditions -Underground
Facilities ...........................
4.3.1
Shown or Indicated ...................
4.3 2
Not Shown or Indicated ..............
4.4
Reference Points ......................
4.5
Asbestos. PCBs. Petroleum. Hazardous
Waste or Radioactive Material ......
5. BONDS AND INSURANCE .....................
5.1-5 2
Performance. Payment and Other Bonds .
53
licensed Sureties and Insurers;
Certificates of Insurance ............
5.4
CONTRACMEVs Liability Insurance .
5.5
OWNER's Liability Insurance ........
s.6
Property Insurance ...................
5.7
Boiler and Machinery or Additional
Property Insurance .................
5.8
Notice of Cancellation Provisions .....
5.9
CONT'RACMR's Responsibility for
Deductible Amounts ................
5.10
Other Special Insurance ...............
5.11
Waiver of Rights ......................
is
Is
16
16
16
16
17
17
17
17
17
17
17
17
18
18
18
18
18
18
18
19
19
19
20
20
20
20
21
21
21
21
M
22
r
Article or Paragraph Page
Article or Paragraph Page
Number & Title Number
Number & 7-ale Number
5.12-5.13
Receipt and Application of Insurance
8.6
Change Orders .......................
9
Proceeds ...........................
'_'
8.7
Inspections. Tests and Approvals ......
29
5.14
Acceptance of Bonds and Insurance;
8.8
Stop or Suspend Work; Terminate
Option to Replace .................
'_'
CONTRACTOR's Services .........
9
5.15
Partial Utilization -Property
8.9
Limitations.on OWNER'S
Insurance ..........................
3
Responsibilities .....................
30
8.10
Asbestos, PCBs, Petroleum, Hazardous
6. CONTRACTOR'S RESPONSIBILITIES ..........
3
Waste or Radioactive Material ......
30
6.1-6 2
Supervision and Superintendence ......
23
9.11
Evidence of Financial Arrangements ..
30
6.3.6.5
Labor, Materials and Equipment ......
3
9. ENGINEER'S STATUS DURING
6.6
Progress Schedule ....................
M
CONSTRUCTION ...............................
30
6.7
Substitutes and "Or -Equal" Items:
9.1
OWNER's Representative ............
Repr Representative
30
TOR's Expense;
COIVTRAGiOR's Expense;
91
Visits to Site ..........................
30
Substitute
9.3
Project Representative ................
30
Methods or Procedure:
9.4
Clarifications and Interpretations ......
30
ENGINEER'S Evaluation """""
3
9.5
Authorized Variations in Work ........
30
6.8-6.11
Concerning Subcontractors, Suppliers
9.6
Rejecting Defective Work ....
30
and Others; Waiver of Rights
24
9.7-9.9
Shop Drawings, Change Orders and
6.12
Patent Fees and Royalties .............
3
Payments ..........................
31
6.13
Paznits ...............................
25
9.10
Determinations for Unit Prices ........
31
6.14
Laws and Regulations
5
9.11-9.12
Decisions on Disputes; ENGINEER as
6.15
Taxes ................................
S
Initial Interpreter ...................
31
6.16
Use of Premises ......................
269.I3
Limitations on ENGINEER'S
6.17
Site Cleanliness .......................
26
Authority and Responsibilities
ty . - """
3l
6.18
Safe Structural Leaden
26
6.19
Record Documents ...................
26
10. CHANGES IN THE WORK .....................
32
6.20
Safe and Protection .................
ry
26
10.1
OWNER Ordered Change ............
32
..
6.21
6.22
Safety Representative .................
Hazard Communication Programs
�6
27
10?
Claim for Adjustment .................
32
.....
10.3
Work Not Required by Contract
6.3
Emergencies ..........................
27
Documents
32
6.24
Shop Drawings and Samples ..........77
]0.4
.........................
Change Orders
6.25
Submittal Procedures;
10.5
Notfficauon of Surety .................
32
CONTRACTOWs Review Prior to
Shop Drawing or Sample Submittal
27
11. CHANGE OF CONTRACT PRICE ..............
32
6.26
Shop Drawing & Sample Submittals
11.1-113 Contract Prix; Claim for Adjustment;
Review by ENGINEER ............
27
Value of the Work ..................
32
6.1_7
Responsibility for Variation From
11.4
Cost of the Work
33
Contract Documents ................
27
11.5
Exclusions to Cost of the Work .......
34
6.28
Related Work Performed Prior to
11.6
CONTRACTOR's Fee ................
34
ENGINEER's Review and Approval
11.7
Cost Records .........................
34
of Required Submittals .............
27
11.8
Cash Allowances .....................
35
6.29
Continuing the Work ..................
28
11.9
Unit Price Work ......................
35
630
CONTRAC.MWs General
Warranty and Guarantee ............
12. CHANGE OF CONTRACT TIMES ..............
35
6. 1-633
ti......................
Indemnification
28
12.1
Claim for Adjustment ......:..........
3S
..�
6.34
• Obligations"'."""'......
Survival
28
1-7-7
Time of the Essence ..................
35
123
Delays Beyond CONTRACMR's
7. OTHER WORK ..................................
29
Control ............................
35
7.I-73
Related Work at Site ..................
29
12.4
Delays Beyond OWNER's and
7.4
Coordination
CONT'RACPOR's Control ..........
35
8. OWNER'S RESPONSIBILITIES .................
29
8.1
Communications to Contractor ........
29
13. TESTS AND INSPECTIONS; CORRECTION.
3.2
Replacement of ENGINEER ..........
29
REMOVAL OR ACCEPTANCE OF DEFECTIVE
8.3
Furnish Data and Pay Promptly When
WORK ..........................................
36
Due ................................
29
13.1
Notice of Defects .....................
36
8.4
Lands and Easements: Reports and
29
13.2
Access to the Work ...................
Tests Inspections; Contractor's
36
Tests ...............................
133
and
.
�-
Ili
Insuranc� ..........
29
Cooperation
0
Article or Paragraph Page
Number do Tule Number
13.4
OWNER's Responsibilities:
Independent Testing Laboratory ....
13.5
CONTRACTOR's Responsibilities .....
13.6-13.7
CoveringWork Prior to Inspection.
Testing or Approval ................
13.8-13.9
Uncovering Work at ENGINEER's
Request............................
13.10
OWNER May Stop the Work .........
13.11
Correction or Removal of Defective
Work...............................
13.12
Correction Period .....................
13.13
Acceptance of Defective Wont ........
13.14
OWNER May Correct Defective
Work...............................
14. PAYMENTS TO CONTRACTOR AND
COMPLETION .................................
14.1
Schedule of Values ....................
14.2
Application for Progress Payment .....
143
CONTRACIOR's Warranty of Title ...
14.4-14.7
Review of Applications for
ProgressPayments .................
14.9-14.9
Substantial Completion ...............
14.10
Partial Utilization .....................
14.11
Final Inspection ......................
0
36
36
LJ
Artick or Paragraph Page
Number do 7-ale Number
14.12 Final Application for Payment ......... 40
14.13-14.14 Final Payment and Acceptance ........ 40
14.15 Waiver of Claims ..................... 40
36 15. SUSPENSION OF WORK AND
TERMINATION ................................
36 15.1 OWNER May Suspend Work .........
36 15.2-15.4 OWNER May Terminate ..............
15.5 CONTRACTOR May Stop Work or
37 Terminate ..........................
37 16. DISPUTE RESOLUTION .......................
37
17. MISCELLANEOUS .............................
17.1
Giving Notice ........................
17.2
Computation of Tunes ................
173
Notice of Claim .......................
37
17.4
Cumulative Remedies .................
37
17.5
Professional Fees and Court Costs
38
Included ...........................
38
.
EXHIBIT GC -A (Optional):
38
Dispute Resolution Agreement (Optional) ..... GC -Al
39
16.1-16.6
Arbitration .................... GC Al
39
16.7
Mediation ..................... GC-A2
39
40
40
40
41
41
4:
42
42
42
42
42
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of -
Bondsand Insurance ................................ 5.14
defective Work ....................... 10.4.1. 13.13. 13.15
final payment ................................. 9.12. 14.15
insurance........................................... 5.14
other Work. by CONTRACTOR ...................... 7.3
Substitutes and "Or -Equal" Items .................. 6.7.1
Work by OWNER ........................ 2-5. 6.30. 6.34
Access to the -
Lands. OWNER and CONTRACTOR
responsibilities ..................................... 4.1
site, related work .................................... 71
Work . .................................. 132, 13.14, 14.9
Acts or Omissions-. Acts and Omissions-
CONTRACTOR............................6.9.1.9.13.3
ENGINEER ................................ 6.20.9.13.3
OWNER ....................................... 6.20. 8.9
Addenda -definition of (also see
definition of Specifications) ........... (1.6. 1.10.6.19) 1.1
Additional Property Insurances ......................... 5.7
Adjustments
Contract Price or Contract
Times ......... 1.5. 3.5.4.1.4.3 2.45.2.453.9.4.95.
10.2-10.4. 11. 12. 14.8, 15.1
progressschedule .................................... 6.6
Agreemeni-
definition of .......................................... 1 2
All risk Insurance. policy forth ........................ 5.6.2
Allowances. Cash ..................................... 11.8
Amending Contract Documents ......................... 3.5
Amendment. Written -
in general .... 1.10. 1.45, 3.5, 5.10. 5.12, 6.6.2. 6.82. 6.19,
10.1. 10.4. 11.2. 12.1, 13.12.2.14.7.2
Appeal. OWNER or CONTRACTOR
intent to ...................... 9.10. 9.11. 10.4. 16.2. 16.5
Application for Payment -
definition of .......................................... 13
ENGINEER's Responsibility ......................... 9.9
final payment .................. 9.13.4. 9.13-5. 14.12-14.15
in general ....................... 2.8. 2.9. 5.6.4. 9.10, 15-5
progress payment .............................. 14.1, 14.7
review of ...................................... 14.4-14.7
Arbitration (Optional) ............................. 16.1-16.6
Asbestos -
claims pursuant thereto ....................... 4.5.2.4.5.3
CONTRACTOR authorized to stop Work ........... 4.52
definitionof .......................................... 1.4
OWNER responsibility for .................... 45.1.8.10
possible price and times change ..................... 4.52
Authorized Variations in Work ........... 3.6.6M. 6-17.9.5
Availability of Lands ............................... 4.1.8.4
Award. Notice of -defined ............................ 1 25
Before Starting Construction ........................ 25-2.8
Bid -definition of ...................................... 1-5
(1.1. 1.10.2.3.33.4? 6.4.6.13. 11.4.3. 11.9.1)
Article or Paragraph
Number
Bidding Documents -definition of ................ 1.6(6.8.2)
Bidding Requirements -definitions of ...... 1.7 (1.1. 416.2)
Bonds -
acceptance of ....................................... 5.14
additional bonds ........................... 105. 11.4.5.9
Cost of the Work .................................. 115.4
definitionof .......................................... 1.8
deliveryof ...................................... 2.1.5.1
final application for payment ................. 14.12 14.14
general ............... 1.10.5.1-53, 5.13, 9.13.IOS. 14.7.6
performance, Payment and Other ................. 5.1-5 2
Bondsand Insurance -in general ......................... 5
Builders risk "all risk" policy form ................... 5.6.2
Cancellation Provisions. Insurance ........ 5.4.11.. 5.8, 5.15
CashAllowances ...................................... 11.8
Certificate of Substantial Completion ......... 1.38, 6.30 2.3,
14.8, 14.10
Certificates of inspection ................ 9.I3.4. 135, 14.12
Certificates of insurance .. 2.7. 5.3. 5.4.11, 5.4.13, 5.6.5.5.8.
....................................... 5.14, 9.I3.4, 14.12
Change m Contract Price -
CashAllowances ................................... 11.8
claim for price adjustment ..... 4.1. 4.2.6. 4.5, 5.15, 6.82.
9.4. 9.5, 9.11. 10.2. 105. 11.7, 13.9.
13.13, 13.14, 15.1. 15.5
CONTRAC`POR's fee ............................... 11.6
Cost of the Work
general...................................... 11.4-11.7
Exclusionsto ....................................... 11.5
CostRecords ....................................... 11.7
in general .............. 1.19, 1.44, 9.11. 10.4.2, 10.4.3, 11
LumpSum Pricing ................................ 113.2
Notification of Surety ............................... 10.5
Scopeof ....................................... 103-10.4
Testing and Inspection. Uncovering the Work ........ 13.9
Unit Price Work .................................... 11.9
Value of Work ...................................... 11 3
Change in Contract Times -
Claim for times adjustment .... 4.1. 41.6. 45. 5.15. 6.92,
9.4. 9.5. 9.11. 102. 10.5, 12.1. 13.9. 13.13.
13.14. 14.7, 15.1. 15.5
Cont=tual time limits .................:............ 12 2
Delays beyond CONTRAC MR's control ............ 123
Delays beyond OWNER's and CONTRACPOR's con-
trol............................................... 12.4
Notification of surety................................105
Scope of change ............................... 10.3-10.4
Change Orders -
Acceptance of Defective Work ..................... 13.13
Amending Contract Documents ...................... 3.5
CashAllowances ................................... 11.8
Change of Contract Price ............................. I 1
Change of Contract Times ............................ 12
Changes in the Work .................................. 10
CONTRACTOR's fee ............................... 11.6
Cost of the Work ............................... 11.4-11.7
4
• •
Article or Paragraph
Number
Cost Records ....................................... 11.7
definition of .......................................... 1.9
emergencies ........................................ 6.23
ENGINEER's responsibility ......... 9.S. 10.4. 11.2. 12.1
execution of ........................................ 10.4
Indemnification ..................... 6.12.6.16.631.633
Insurance. Bonds and ................... 5.10.5.13, 10.5
OWNER may terminate ........................ 15 ?-15.4
OWNER's Responsibility ....................... 8.6, 10.4
Physical Conditions—
Subsurface and . ..................................... 43
Underground Facilities ........................... 43 2
Record Documents ................................. 6.19
Scope of Charrgge ............................... 103-10.4
Substitutes ................................... 6.73. 6.8 2
Unit Price Work .................................... 11.9
value of Work, covered by .......................... 113
Changes in the work ......::............................ 10
Notification of surety ............................... 10.5
OWNER's and CONTRACTOR'S responsibilities .... 10.4
Right to an adjustment ................. :............ 10.2
Scope of change ............................... 10.3-10.4
Claims -
against CONTRACTOR.............................6.16
against ENGINEER ................................ 6.32
againstOWNER .................................... 6.32
Change of Contract Price ....................... 9.4.11.2
Change of Contract Times ...................... 9.4..12.1
CONTRACTOR's 4. 7.1. 9.4. 95. 9.11. 10.111.2. 11.9.
12.1. 14.8. 15.1. 155. 17.3
CONTRACTOR's Fee .............................. 11.6
CONTRACTOR's liability ............ 5.4.6.12.6.16.631
Cost of the Work .............................. 11.4. 11.5
Decisions on Disputes ......................... 9.11, 9.12
Dispute Resolution .................................. 16.1
Dispute Resolution Agreement .................. 16.1-16.6
ENGINEER as initial interpretor .................... 9.11
Lump Sum Pricing ................................ 11.3.2
Noticeof ........................................... 17.3
OWNER's ........... 9.4. 9.5. 9.11. 10.2. 1 t3 11.9. 12.1.
13.9. 13.13. 13.14, 17.3
OWNER'S liability ................................... 5.5
OWNER may refuse to make payment .............. 14.7
Professional Fees and Court Costs Included .......... 17.5
request for formal decision on ....................... 9.11
Substitute items .................................. 6.7.1.2
Time Extension ..................................... 12.1
Time requirements ............................ 9.11, 12.1
Unit Price Work .................................. 11.9.3
Valueof ............................................ 11.3
Waiver of -on Final Payment ................ 14.14. 14.15
Worst Change Directive ............................. 10.2
written notice required ................... 9.11. 11.2.12.1
Clarifications and Interpretations ............ 3.6.3.9.4.9.11
CleanSite ............................................ 6.17
Codes of Technical Society. Organization or
Association...................................... 33.3
Commencement of Contract Times 3
Communications—
Article or Paragraph
Number
general.................................... 6.2. 6.9.1. 8.1
Hazard Communication Programs ................... 6.22
Completion -
Final Application for Payment ...................... 14.12
Final Inspection ................................... 14.11
Final Payment and Acceptance ............... 14.13-14.14
Partial Utilization .................................. 14.10
Substantial Completion ................... 1.38, 14.8-14.9
Waiver of Claims .................................. 14.15
Computation of Times ........................ 17? I-17?'
Concerning Subcontractors,
Suppliers and Others ............................ 6.86.11
Conferences -
initially acceptable schedules ......................... 2.9
preconstruction...................................... 2.8
Conflict, Error, Ambiguity, Discrepancy -
CONTRACTOR to Report ..................... 2.5, 3.3 2
Construction, before starting by CONTRACTOR .... 2.5-2.7
Construction Machinery, Equipment. etc ................ 6.4
Continuing the Work ............................. 6.29, 10.4
Contract Documents -
Amending........................................... 3.5
Bonds............................................... 5.1
Cash Allowances ................................... 11.8
Change of Contract Price ............................. 11
Change of Contract Imes ............................ 12
Changes in the Work ........................... 10.4-105
check -and verify ..................................... 2.5
Clarifications and Interpretations ....... 3 2. 3.6. 9.4, 9.11
definition of ........................................ 1.10
ENGINEER as initial interpreter of ................. 9.11
ENGINEER as OWNER's representative ............ 9.1
general................................................ 3
Insurance ............................................ 53
Intent............................................ 3.1-3.4
minor variations in the Work ......................... 3.6
OWNER'S responsibility to furnish data .............. 83
OWNER's responsibility to make
Prompt payment ....................... 8.3. 14.4, 14.13
precedence.................................... 3.1.3.3.3
RecordDocuments ................................. 6.19
Reference to Standards and Specifications
ofTechnical Societies .............................. 33
RelatedWork ........................................ 7.2
Reporting and Resolving Discrepancies ........... 2-5, 33
Reuse of.............................................3.7
Supplementing....................................... 3.6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work ..................................... 11.9
variations ................................. 3.6. 6M. 627
Visits to Site. ENGINEER's ......................... 9.2
Contract Price -
adjustment of ................ 3.5, 4.1. 9.4, 10.3. 11 2-113
Changeof ............................................ 11
Decisionon Disputes ............................... 9.11
definition of ........................................ 1.11
Contract Times -
adjustment of ...................... 3-5.4.1.9.4. 10.3. 12
Change of ...................................... 12.1-1? 4
11
•
Article or Paragraph
Number
Commencement of ................................... 3.3
definition of ........................................ 1.12
CONTRACTOR -
Acceptance of Insurance............................5.14
Limited Reliance on Technical Data Authorized ..... 4.3 2
Communications ............................... 6.16.9.2
Continue Work ................................ 6.29. 10.4
coordination and scheduling ......................... 6.9.2
definition of ........................................ 1.13
May Stop Work or Terminate ....................... 15-5
provide site access to others .................... 71.13 2
Safety and Protection ....... 4.3.12. 6.16.6.18.611-6.3.
7.2.132
Shop Drawing and Sample Review Prior to Submittal . 63
Stop Work requirements ........................... 4.5 2
CONTRACTOR's-
Compensation.................................. I1.1-11?
Continuing Obligation .............................. 14.15
Defective Work .......................... 9.6. 13.10-13.14
Duty to correct defective Work ..................... 13.11
Duty to Report -
Changes in the Work caused by
Emergency....................................... 6.3
Defects in Work of Others ......................... 7.3
Differing conditions .............................. 4 2.3
Discrepancy in Documents ........... 2.5.33? 6.14.2
Underground Facilities not indicated .............. 43 2
Emergencies
Equipment and Machinery Rental.. Cost
of the Work ................................... 11.4.53
%e---Cost-Plus ..................... 11.45.6. 11.5.1. 11.6
General Warranty and Guarantee .................... 630
Hazard Communication Programs ................... 6.22
Indemnification ...................... 6.12.6.16.631-6.33
Inspection of the Work ......................... 7.3. 13.4.
Labor. Materials and Equipment .................. 6.3.6.5
Laws and Regulations. Compliance by ............. 6.14.1
Liability Insurance ................................... 5.4
Notice of Intent to Appeal ..................... 9.10. 10.4
obligation to perform and complete the Work ........ 6.30
Patent Fees and Royalties. paid for by ............... 6.12
Performance and Other Bonds ........................ 5.1
Permits. obtained and paid for by .................... 6.13
Progress Schedule ..... 2.6. 2.8. 2.9, 6.6. 6.29. 10.4. 15 2.1
Request for formal decision one disputes ............. 9.11
Responsibilities -
Changes in the Work .............................. 10.1
Concerning Subcontractors. Suppliers and Others . 6.8-
6.11
Continuing the Work ........................ 6.29. 10.4
CONTRAC'TOR's expense ....................... 6.7.1
CONTRACTOR's General Warranty and Guaran-
tee............................................... 630
CONTRACTOR's review priorto Shop Drawingor Sam-
ple submittal
. Coordination of Work ............................ 6.92
Emergencies...................................... 6.223
ENGINEER's evaluation. Substitutes
or"Or -Equal" Items .......................... 6.73
Article or Paragraph
Number
For Acts and Omissions of Others ..... 6.9.1-6.919.13
for deductible amounts. insurance .................. 5.9
general ................................. 6.7.2.7.3.8.9
Hazardous Communication Progrums ............. 6 r
Indemnification .............................. 6.31-6.33
Labor. Materials and Equipment ................ 63.65
Laws and Regulations ............................ 6.14
Liability Insurance ................................. 5.4
Notice of variation from Contract Documents ..... 6 77
Patent Fees and Royalties ......................... 6.12
Permits........................................... 6.13
Progress Schedule ................................. 6.6
RecordDocuments ............................... 6.19
related Work performed prior to ENGINEER's
approval of required submittals ................. 6.28
safe structural loading ............................ 6.18
Safety and Protection ................... 6.20.7.2. 13.2
SafetyRepresentative ............................. 6.21
Scheduling the Work ............................. 6.9 2
Shop Drawings and Samples ...................... 6.24
Shop Drawings and Samples Review
by ENGINEER ................................ 6.26
SiteCleanliness ................................... 6.17
Submittal Procedures ............................. 6.25
Substitute Construction Methods and
Procedures .................................... 6.7
Substitutes and "Or -Equal" Items ................ 6.7.1
Superintendence ................................... 6.2
Supervision ........................................ 6.1
Survival of Obligations ............................ 6.34
Taxes............................................ 6.15
Testsand Inspections.............................135
ToReport ......................................... 2.5
Use of Premises .................... 6.16-6.18.6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6 _5
Right to adjustment for changes in the Work ......... 10.2
right to claim .. 4.7.1. 9.4. 95. 9.11, 10.2. 11?. 11.9. 12.1.
13.9. 14.8. 15.1. 15.5. 173
Safety and Protection ................. 6.20-6. . 7?. 13.2
SafetyRepresentative ............................... 6.21
Shop Drawings and Samples Submittals ......... 6.24-638
Special Consultants ............................... 11.4.4
Substitute Construction Methods and Procedures ..... 6.7
Substitutes and "Or -Equal" Items. Expense .. 6.7.1.6.7.2
Subcontractors. Suppliers and Others ............ 6.8-6.I l
Supervision and Superintendence ........... 6.1. 61 6.21
Taxes. Payment by .................................. 6.15
Use of Prerises................................ 6.16-6.18
Warranties and guarantees ...................... 630.65
Warranty of Title ................................... 143
Written Notice Required -
CONTRACTOR stop Work or terminate ........... 15.5
Reports of Differing Subsurface and Physical Condi-
tions............................................. 4.2.3
Substantial Completion ........................... 14.8
CONTRACTORS ---other ................................. 7
Contractual Liability Insurance ..................:... 5.4.10
Contractual Time Limits .............................. 12
Coordination
6
• •
Article or Paragraph
Number
CONTRACTOR's responsibility .................... 6.9 2
Copiesof Documents .................................. 2.2
Correction Period .................................... 13.12
Correction. Removal or Acceptance of
Defective Work
in general ............................. 10.4.1. 13.10-13.14
Acceptance of Defective Work ..................... 13.13
Correction or Removal of Defective Work ..... 6.30. 13.11
Correction Period .................................. 13.12
OWNER May Correct Defective Work ............. 13.14
OWNER May Stop Work .......................... 13.10
Cost -
of Tests and Inspections.............................13.4
Records............................................ 11.7
Cost of the Work -
Bonds and insurance. additional ................. 11.4 .5.9
CashDiscounts ................................... I1.4 2
CONTRACTOR's Fr ....:......................... 11.6
Employee Expenses ............................. 11.4.5.1
Exclusionsto ....................................... 11.5
General ........................................ 11.4-11.5
Home office and overhead expenses ................. 11.5
Lossesand damages ............................. 11.4.5.6
Materials and equipment .......................... 11.4.2
Minor expenses ................................. I1.4.5.8
Payroll costs on changes .......................... 11.4.1
performed by Subcontractors ...................... 11.43
Records............................................ 11.7
Rentals of construction equipment and machinery. 11.4.53
Royalty payments, permits and license fees ...... 11.4.5.5
Site office and temporary faclities ............... 11.4.52
'Special Consultants. CONTRAC.OR's ............ 11.4.4
Supplemental ..................................... 11.45
Taxes related to the Work ....................... 11.4.5.4
Tests and Inspection ................................ 13.4
Trade Discounts .................................. 11.4.2
Utilities, fuel and sanitary facilities ............... 11.45.7
Work after regular hours .......................... 11.4.1
Covering Work .................................... 13.E-13.7
Cumulative Remedies ................... :........ 17.4-17.5
Cutting, fitting and patching ............................ 7.2
Data, to be furnished by OWNER ...................... 83
Day -definition of .................................... 17 =
Decisions on Disputes ........................... 9.11, 9.12
defeedve-definition of ................................ 1.14
defective Work -
Acceptance of .............................. 10.4.1. 13.13
Correction or Removal of ................... 10.4.1. 13.11
Correction Period .................................. 13.12
in general ................................. 13, 14.7, 14.11
Observation by ENGINEER ......................... 9.2
OWNER May Stop Work .......................... 13.10
Prompt Notice of Defects ........................... 13.1
Rejecting............................................ 9.6
Uncovering the Work ............................... 13.8
Definitions............................................... 1
Delays ................................. 4.1.629. 12.3-I? 4
Delivery of Bonds ...................................... 2.1
Delivery of certificates of insurance ..................... 2.7
Article or Paragraph
Number
Determinations for Unit Prices ........................ 9.10
Differing Subsurface or
Physical Conditions
Notice of .......................................... 41.3
ENGINEER's Review ............................. 42.4
Possible Contract Documents Change ............... 41.5
Possible Price and Times Adjustments .............. 4 L6
Discrepancies -Reporting and Resolving .... ? 5.332.6.14 2
Dispute Resolution -
Agreement ..................................... 16.1-16.6
Arbitration ..................................... 16.1-165
general...........................................:...
16
Mediation..........................................
16.6
Dispute Resolution Agreement .................... 16.1-16.6
Disputes, Decisions by ENGINEER .............. 9.11-9.12
Documents -
Copiesof ............................................
2 )
Record.............................................
6.19
Reuseof ............................................. 3.7
Drawings -definition of ............................... 1.15
Easements............................................. 4.1
Effective date of Agreement -definition of ............. 1.16
Emergencies .......................................... 6.23
ENGINEER -
as initial interpreter on disputes .................
9.11-9.12
definitionof ........................................ 1.17
Limitations on authority and
responsblides................................. 9.13
Replacement of ......................................
9.2
Resident Project Representative ...................... 9.3
ENGINEER's Consultan"efinition of ...............1.18
ENGINEER's-
authority and responsibility. limitations on ........... 9.13
Authorized Variations in the Work ....................
9.5
Change Orders, responsibility for ..........
9.7, 10, 11, 12
Clarifications and Interpretations ............... 3.63.9.4
Decisions on Disputes ..........................
9.11-9.12
defective Work, notice of ........................... 13.1
Evaluation of Substitute Items ......................
6.73
Liability ....................................... 6.32.9.12
Notice Work is Acceptable ......................... 14.13
Observations .................................
6.30.2.92
OWNER's Representative ...........................
9.1
Payments to the CONTRAC MR,
Responsibility for ............................... 9.9. l4
Recommendation of Payment ................. 14.4, 14.13
Responsibilities --
Limitations on ...............................
9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .......................... 42.4
Shop Drawings and Samples. review
responsibility .....................................
6.26
Slaws During Construction -
authorized variations in the Work ..................
9.5
Clarifications and Interpretations ...................
9.4
Decisions on Disputes ........................ 9.11-9.12
Determinations on Unit Price .....................
9.10
ENGINEER as Initial Interpreter ............: 9.11-9.12
ENGINEER's Responsrblides ................ 9.1-9.12
• •
Article or Paragraph
Number
Limitations on ENGINEER's Authority and
Responsibilities .9.13
OWNER's Representative ......................... 9.1
Project Representative ............................. 93
Rejecting Defective Work .......................... 9.6
Shop Drawings. Change Orders and
Payments.................................... 9.7-9.9
Visits to Site 2
Unit Price Determinations ........................... 9.10
Visitsto Site ......................................... 9.2
Written consent required ......................... 7.2.9.1
Equipment, Labor. Materials and ................... 634.5
Equipment rental, Cost of the Work ................ 11.453
Equivalent Materials and Equipment .................... 6.7
Errorsor omissions ................................... 633
Evidence of Financial Arrangements ................... 8.11
Explorations of physical conditions ................... 4.2.1
I =, CON'TRACTpR's-Costs=Plus ................... 11.6
Field Order -
definitionof ........................................ 1.19
issued by ENGINEER 3.6. t 9.5
......................... .
Final Application for Payment ........................ 14.12
FinalInspection ...................................... 14.11
Final Payment -
and Acceptance .............................. 14.13-14.14
Prior to, for cash allowances ........................ I I ' 8
General Provisions ............................... 173-17.4
General Requirements-
defintionof ......................................... 1.20
Principal references to .............. 2.6, 6.4, 6.6-6.7. 6 24
Giving Notice ......................................... I7.1
Guarantee of work -by
CON'TRACMR .............................. 6.30, 14.12
HazardCommunication Programs ..................... 6.=
Hazardous Waste -
definition of ........................................ 1.21
general.............................................. 4.5
OWNER's responsiblity for ........................ 8.10
Indemnification ........................ 6.12. 6.16, 6.31-6.33
Initially Acceptable Schedules .......................... 2.9
Inspection -
Certificates of ......................... 9.13.4,13.5. 14.12
Final.............................................. 14.11
Special. required by. ENGINEER .................... 9.6
Tests and Approval ........................ 8.7, 13.3-13.4
Insurance -
Acceptance of. by OWNER ......................... 5.14
Additional, required by changes
in the Work ................................. 11.45.9
Before scatting the Work ............................. 2.7
Bondsand -in general ................................. 5
CancellationProvisions .............................. 5.8
Certificates of .. 2.7. 5. 5.3, 5.4.11, 5.4.13. 5.65, 5.8, 5.14,
9.13.4. 14.12
completed operations .............................. 5.4.13
CONIRAC'IUR's Liability ........................... 5.4
CONTRACPOR's objection to coverage ............. 5.14
ContracMal Liability .............................. 5.4.10
Article or Paragraph
Number
deductible amounts. CONTRACTOR's
responsiblity.................................... 5.9
Final Application for Payment ...................... 14.12
LicensedInsurers....................................53
;notice requirements, material
changes .................................. 5.8. 10.50
Option to Replace .................................. 5.14
otherspecial insurances ............................. 5.10
OWNER as fiduciary for insureds .............. 5.12-5.I3
OWNER's Liability .................................. 5.5
OWNER's Responsibility ............................ 8.5
Partial Utilization, Property Insurance ............... 5.15
Property .....:.................................. 5.6-5.10
Receipt and Application of Insurance Proceeds .. 5.12-5.13
Special Insurance ................................... 5.10
Waiver of Rights .................................... 5.11
Intent of Contract Documents ....................... 3.1-3.4
Interpretations and Clarifications ................. 3.63, 9.4
Investigations of physical conditions .................... 4.2
Labor, Materials and Equipment .................... 6-14-5
Lands -
andEasements ...................................... 8.4
Availability of ................................... 4.1.8.4
Reports& Tess ..................................... 8.4
Laws and Regulations -Laws or Regulations -
Bonds........................................... 5.1-5
Changes in the Work ................................ 10.4
Contract Documents .................................3.1
CONTRACPOR's Responsibilities ................... 6.14
Correction Period. defective Work .................. 13.12
Cost of the Work, taxes ......................... 11.4.5.4
definitionof ........................................ 1 »
general ................. :........................... 6.14
Indemnification................................631-6.s3
Insurance............................................ 53
Precedence .................................... 3.1.33.3
Referenceto ....................................... 33.1
Safety and Protection .......................... 6.20, 13.2
Subcontractors, Suppliers and Others ............ 6.8.6.11
Tests and Inspections ................................ 13S
Use of Premises .................................... 6.16
Visitsto Site ......................................... 9
Liability Insura=-
CONTRACTOR's.................................... 5.4
OWNER's........................................... 5.5
Licensed Sureties and Insurers ......................... 53
Liens -
Application for Progress Payment ................... 14.2
Contractor's Warranty of Tithe ....................... 143
Feral Application for Payment ...................... 14.12
definitionof ........................................ 1M
Waiver of Claims .................................. 14.15
Limitations on ENGINEER's authority and
respo'blities.....................................�9.13
Limited Reliance by CONTRAC MR Authorized ...... 4?'
Maintenance and Operating Manuals;-
-Final Application for Payment ...................... 14.12
Manuals (of others) -
Precedence....................................... 33.3.1
8
Article or Paragraph
Number
Reference to in Contract Documents ................ 33.1
Materials and equipment -
furnished by CONTRACTOR ........................ 6.3
not incorporated in Work ............................ 14.2
Materials or equipment -equivalent ..................... 6.7
Mediation (Optional) .................................. 16.7
Milestones -definition of .............................. 1.24
Miscellaneous --
Computationof Times .............................. 17
Cumulative Remedies ............................... 17.4
Giving Notice ....................................... 17.1
Notice of Claim ..................................... 17.3
Professional Fees and Court Costs Included .......... 17.5
Multi -prime contracts .................................... 7
Not Shown or Indicated .............................. 43 2
Notice of -
Acceptability of Project .::......................... 14.13
Award. definition of ................................. 1.25
Claim.............................................. 173
Defects............................................. 13.1
Differing Subsurface or Physical Conditions .......... 4? 3
Giving.............................................. 17.1
Tests and Inspections ............................... 13.3
Variation, Shop Drawing and Sample ................ 6.27
Notice to Proceed -
definition of ........................................ 1.26
givingof ............................................. 23
Notification to Surety ................................. 10.5
Observations. by ENGINEER .................... 630, 9.2
Occupancy of the Work ................ 5.15.630' 4, 14.10
Omissions or acts by CONTRACTOR ............. 6.9.9.13
"Open peril" policy form: Insurance ...................5.6.2
Optionto Replace .................................... 5.14
"Or Equal" Items ...................................... 6.7
Otherwork .............................................. 7
Overtime Work -prohibition of ......................... 63
OWNER -
Acceptance of defective Work ...................... I3.13
appoint an ENGINEER .............................. 83
as fiduciary ....................................5.12-5.13
Availability of Lands. responsibility ................... 4.1
definition of ........................................ 1.27
data. furnish ....... 9-3
..................................
May Correct Defective Work ....................... 13.14
May refuse to make payment ........................ 14.7
May Stop the Work ................................ 13.10
may suspend work.
terminate ....................... 8.8. 13.10. 15.1-15.4
Payment. make prompt ................... 83. 14.4. 14.13
performance of other Work ......................... 7.1
permits and licenses. requirements .................. 6.13
purchased insurance requirements ............... 5.6-5.10
OWNER's-
Acceptance of the Work ......................... 630.1.5
Change Orders, obligation to
execute ....:............................ 8.6. 10.4
Communications ..................................... 8.1
Coordination of the Work ............................ 7.4
Disputes. request for decision ....................... 9.11
Article or Paragraph
Number
Inspections. tests and approvals ................. 8.7, 13.4
Liability Insurance ................................... 5.5
Noticeof Defects ................................... 13.1
Representative -During Construction.
ENGINEER's Status ............................ 9.1
Responsibilities -
Asbestos, PCBs. Petroleum. Hazardous
Waste on Radioactive Material .................. 8.10
ChangeOrders .........................:.......... 8.6
Changes in the Work .............................. 10.1
communications................................... 8.1
CONZRACTOR's responsbiiities .................. 9.9
evidence of financial arrangements ................ 9.11
inspections, tests and approvals .................... 9.7
Insurance......................................... 8.5
landsand easements ............................... 8.4
prompt payment by ................................ 83
replacement of ENGINEER ....................... 8.2
reports and tests ................................... 8.4
stop or suspend Work .................. 8.9. 13.10, 15.1
terminate CONiRACTOR's services .......... 8.8. 15.2
separate representative at site ........................ 9.3
independent testing ................................. 13.4
use or occupancy of the
Work.................................... 5.15, 14.10
written consent or approval
required ............................... 9.1.6.3. 11.4
written notice
required .......... 7.1. 9.4. 9.11. 11 ?, 11.9,14.7. 15.4
PCBs -
definition of
general.............................................. 4.5
OWNER's responsibility for ........................ 8.10
Partial Utilization -
definition of ........................................ 118
general ................................... 6.30 ? 4, 14.10
PropertyInsurance ................................. 5.15
Patent Fees and Royalties ............................. 6.12
PaymentBonds ..................................... 5.1-5
Payments. Recommendation of ............. 14.4-14.7, 14.13
Payments to CONTRACTOR and Completion -
Application for Progress Payments .................. 14.2
CONiRACTOR's Warranty of Title .................143
Final Application for Payment ...................... 14.12
Final Inspection .................................... 14.11
Final Payment and Acceptance ............... 14.13-14.14
general........................................... 83,14
Partial Utilization .................................. 14.10
Review of Applications for Progress
Payments .................................. 14.4-14.7
prompt payment ..................................... 83
Schedule of Values .................................. 14.1
Substantial Completion ..:...................... 14.8-14.9
Waiver of Claims .................................. 14.15
when payments due ..................... :.... 14.4, 14.13
withholding payment ................................ 14.7
Performance Bonds ................................. 5.1-5.2
Permits ............................................... 6.13
• 0
Article or Paragraph
Number
Petroleum -
definition of ........................................ 1.30
general.............................................. 4.5
OWNER's responsibility for ........................ 9.10
Physical Conditions -
Drawings of, in or relating to ..................... 4.2.1.2
ENGINEER's review .............................. 4.2.4
existingstructures .................................. 4.2.2 .
general........................................... 42.12
Subsurfaceand ....................................... 4.2
Underground Facilities ............................... 43
Possible Contract Documents Change ............... 4.2.5
Possible Price and Times Adjustments .............. 4.2.6
Reportsand Drawings .............................. 4.2.1
Notice of Differing Subsurface or . .................. 4 3
Subsurfaceand ...................................... 4.2
Subsurface Conditions ............................ 4.2.1.1
T=hnical Data. Limited Reliance by
CONTRAC.MR Authorized .................... 4.22
Underground Facilities_
general.......................................... 43
Not Shown or Indicated ....................... 4.3 2
Protection of ............................... 4.3.6.20
Shown or Indicated ............................ 43.1
Technical Data.....................................42.2
Preconstruction Conference ............................ 2.8
PreliminaryMatters ...................................... 2
Preliminary Schedules .................................. 2.6
Premises. Use of ................................. 6.16-6.18
Price, Change of Contract ............................... 11
Price. Contract -definition of .......................... 1.11
Pro*= Payment, Applications for .................... 142
Progresspayment-retainage .......................... 14.2
Progress schedule, CONTR.A=R's ..... 2.6. 2.3. 2.9.6.6.
6.?9. 10.4. 15 2.1
Project -definition of .................................. 131
Project Repraentative-
ENGINEER's Status During Construction ............ 93
Project Representative. Resident
-definition of .......:.............................. 133
prompt payment by OWNER ........................... 8.3
Property Insurance
Additional............................................ 5.7
general..........................................5.6.5.10
Partial Utilization ........................... 5.15. 14.10.2
receipt and application of
proceeds.................................. 5.12-5.13
Protection. Safety and ....................... 6.20.621. 132
Punchlist ............................................ 14.11
Radioactive Material-
definition........................................... 132
general .............................................. 4.5
OWNER's responsbuity for ........................ 8.10
Recommendation of Payment .............. 14.4. 145. 14.13
Record Documents ............................. 6.19. 14.12
Records. procedures for maintaining .................... 2.8
ReferencePoints ....................................... 4.4
Reference to Standards and Specifications
of Technical Societies ................................ 33
Article or Paragraph
Number
Regulations. Laws and (or) ............................ 6.I4
Rejecting Defective Work ............................... 9.6
Related Work -
atSite ........................................... 7.1-73
Performed prior to Shop Drawings
and Samples submittals review .................. 6 78
Remedies. cumulative ............................ 17.4. 17.5
Removal or Correction of
Defective Work .................................... 13.11
rental agreements. OWNER approval
required ...................................... 11.453
replacement of ENGINEER, by OWNER .............. 8.2
Reporting and Resolving Discrepancies .... 2.5, 332. 6.142
Reports -
andDrawings ...................................... 4.11
and Tests. OWNER's responsioiiity .................. $A
Resident Project Representative -
definition of ........................................ 1.33
provision for ......................................... 93
Resident Superintendent, CONTRACTOR's ............. 62
Responsbiiities-
CONTRAMR's-in general ........................... 6
ENGINEER's-in general ............................... 9
Limitations on .................................... 9.13
OWNER's-in general .................................. 8
Retainage............................................. 14
Reuse of Documents ................................... 3.7
Review by CONTRACMR. Shop Drawings
and Samples Prior to Submittal ...................... 6 25
Review of Applications for Progress
Payments ...................................... 14.4-14.7
Right to an adjustment ................................ 102
Rightsof Way .......................................... 4.1
Royalties. Patent Fees and ............................. 6.12
Safe Structural Loading ............................... 6.18
Safety -
and Protection ....... 43.16.16. 6.18. 6?0-6?1, 71. 13?
general........................................ 620-6-
Representative. CON'TRACTOit's ....................621
Samples -
definitionof ........................................ 134
general........................................ 6.24.6M
Review by CONTRACTOR ......................... 6 25
Review by ENGINEER ....................... 6.26. 6-17
relatedWork ........................................ 6 28
submittal of ....................................... 624.2
submittal procedures ................................ 6.25
Schedule of progress ..... 2.6. 2.8-2.9, 6.6. 6.29, 10.4, 15.11
Schedule of Shop Drawing and Sample
Submittals ....................... 2.6.2.8-2.9. 6.24-6.28
Schedule of Values ........................ 2.6.2.8-2.9. 14.1
Schedules -
Adherence to ..................................... 15.21
Adjusting............................................ 6.6
Change of Contract Times .......................... 10.4
Initially Acceptable ............................... 2.8-2.9
Preliminary .......................................... 2.6
Scope of Changes .............................. 10.3-10.4
Subsurface Conditions .............................. 42.1.1
10
0
Article or Paragraph
Number
Shop Drawings -
,and Samples. general ........................... 6 24-6.28
Change Orders & Applications for
Payments. and ............................... 9.7-9.9
definition of ........................................ 135
ENGINEER's approval of ......................... 3.6.2
ENGINEER's responsibility
for review ............................... 9.7. 6 24.6.28
related Work ........................................ 6.28
review procedures ......................... 2.8.6 24-6 28
submittal required ................................. 6.24.1
Submittal Procedures ............................... 6.35
use to approve substitutions ........................ 6.73
Shown or Indicated ................................... 4.3.1
SiteAccess ....................................... 7.2. 13.2
Site Cleanliness ....................................... 6.17
Site. Visits to -
by ENGINEER ................................ 9.2.13.2
byothers ........................................... 13.2
"Special causes of loss" policy form. insurance ....... 5.62
Specifications -
definition of ........................................ 1.36
of Technical Societies, reference to ................. 3.3.1
precedence........................................ 3.3.3
Standards and Specifications of Technical
Societies.......................................... 3.3
Starting Construction. Before ....................... 2-5-2.8
Startingthe Work ...................................... 2.4
Stop or Suspend Work -
by CONTRACTOR ................................. 15.5
by OWNER ............................. B.S. 13.10, 15.1
Storage of materials and equipment ................. 4.1.72
Structural Loading. Safety ............................. 6.18
Subconawwr-
Concerning.•.................................... 6.8.6.11
definition of ......................................... 1 37
delays.............................................. 12.3
waiver of rights ..................................... 6.11
Subcontractors-4n general ........................ 6.86.11
Subcontracts --required provisions ........ 5.11. 6.11. 11.4.3
Submittals-
Appiicrtions for Payment ........................... 142
Maintenance and Operation Manuals ............... 14.12
Procedures......................................... 6.25
Progress Schedules .............................. 2.6. ? 9
Samples ....................................... 6.24 628
Schedule of Values ............................. 2.6. 14.1
Schedule of Shop Drawings and
Samples Submissions .................... 2.6.2.8-2.9
Shop Drawings ................................. 624-6.28
Substantial Completion -
certification of ........................ 630.23. 14.8-14.9
definition of ........................................ 138
Substitute Construction Methods or Procedures ....... 6.7 2
Substitutes and "Or Equal" Items ...................... 6.7
CONTRACTOR's Expense ....................... 6.7.13
ENGINEER's Evaluation .......................... 6.73
-Or-Equal .. ........................................ 6.7.1
Substitute Construction Methods of Procedures ..... 6.7 2
Article or Paragraph
Number
Substitute Items .................................. 6.7.1.2
Subsurface and Physical Conditions ---
Drawings of. in or relating to ..................... 4.2.1.2
ENGINEER's Review ............................. 4? 4
general.............................................. 4.2
Limited Reliance by CONTRACTOR
Authorized.................................... 4 � �
Notice of Differing Subsurface or
Physical Conditions ................................ 4?.3
Physical Conditions ................................. 41.12
Possible Contract Documents Change ................. 4.2.5
Possible Price and Times Adjustments ................ 436
Reports and Drawings ................................ 42.1
Subsurface and ...................................... 4.2
Subsurface Conditions at the Site ................. 4? 1.1
TechnicalData ..................................... 4 ? 2
Supe:vision-
CON'I'RAC.TOR's responsibility ...................... 6.1
OWNER shall not supervise ......................... 9.9
ENGINEER shall not supervise ............... 9.2.9.132
Superintendence ....................................... 6.2
Superintendent. CONTRACTOR's resident ........... 6.2
Supplemental costs .................................. 11.4.5
Supplementary Conditions -
definitionof ........................................ 139
principal reference to .... 1.10, 1.18, 2.2.2.7, 4 2.43.5.1.
5.3. 5.4. 5.6-5.9. 5.11, 6.8. 6.13. 7.4. 8.11, 93. 9.10
Supplementing Contract Documents .................... 3.6
Supplier -
definitionof ........................................ 1.40
principal references to .................. 3.7. 65. 6.84.11.
6.20. 6.24. 9.13, 14.12
Waiver of Rights .................................... 6.11
Surety -
consent to final payment ..................... 14.12, 14.14
ENGINEER has no duty to ......................... 9.13
Notification of ........................... 10.1. 10.5. 152
qualification of ................................... 5.1-53
Survival of Obligations ................................ 6.34
Suspend Work. OWNER May .................. 13.10. 15.1
Suspension of Work and Termination- ..................15
CONTRACTOR May Stop Work or
Terminate ........................................ 15-5
OWNER May Suspend Work ....................... 15.1
OWNER May Terminate ....................... 15 2-15.4
Taxes -Payment by CONTRACTOR .................... 6.15
Technical Data --
Limited Reliance by CON MAC.TOR ............... 4.222
Possible Price and Times Adjustments .............. 4? 6
Reports of Differing Subsurface and
Physical Conditions .............................. 423
Temporary construction faalities ........................ 4.1
Termination -
by CONTRACTOR ................................. 15.5
by OWNER ............................... 8.8. 15.1-15.4
of ENGINEER's employment ...................:.:.. 9.2
Suspension of Work-in general ........................ IS
Terms and Adjectives .................................. 3.4
Tests and Inspections -
it
Article or Paragraph
Number
Access to the Work. by others ...................... 13.2
CONI'RACTOR's responsibilities .................... 13.5
costof .............................................. 13.4
covering Work prior to ......................... 13.6-13.7
Laws and Regulations (or) .......................... 13.5
Noticeof Defects ................................... 13.1
OWNER May Stop Work .......................... 13.10
OWNER's independent testing ...................... 13.4
special. required by ENGINEER ..................... 9.6
timely notice required ............................... 13.4
Uncovering the Work, at ENGINEER's
request.................................... 13.8-13.9
Times -
Adjusting............................................ 6.6
Change of Contract ................................... 12
Adjusting ............................................ 6.6
Computationof ..................................... 171
Contract Times -definition of ....................... 1.12
day................................................17.72
Milestones........................................... 12
Requirements-
appeals.......................................... 16
clarifications, claims and
disputes ............................. 9.11, 1I 2, I2
commencement of contract times ................... 2.3
preconstruction conference ......................... 2.8
schedules.................................76.2.9.6.6
starting the Work .................................. 2.4
Title. Warranty of ..................................... 14.3
Uncovering Work ................................ 13.8-13.9
Underground Facilities, Physical Conditions -
definitionof ........................................ 1.41
NotShown or Indicated ............................ 43.2
protectionof ................................... 4.3. 6.20
Shown or Indicated ................................ 43.1
Unit Price Work -
claims............................................ 11.9.3
definitionof ........................................ 1.42
geaeral.................................. 11.9, 14.1. 14.5
Unit Prices -
general ........................................... 11.3.1
Determinationfor ................................... 9.10
Use of Premises ........................ 6.16. 6.18, 630 2.4
Utility owners ...................... 6.13, 6.20, 7.1 73. 13.2
Article or Paragraph
Number
Utilization. Partial ............... 1.28. 5.15. 6.30, 2.4. 14.10
Value of the Work ..................................... 113
Values, Schedule of ....................... 2.6.2.8.2.9. 14.1
Variations in Work -Minor
Authorized ................................ 6.25. 637. 95
Visits of Site -by ENGINEER ......................... 9?
Waiver of Claims -on Final
Payment........................................... 14.15
Waiver of Rights by insured parties ............... 5.11.6.11
Warranty and Guarantee, General --by
CONTRACTOR....................................630
Warranty of Tide, CONTRACTOR's ................... 143
Work -
Accessto ........................................... 13.2
byothers .............................................. 7
Changes in the ....................................... 10
Continuingthe ...................................... 6.9
CONTRACTOR May Stop Work
orTerminate ................................... 15.5
Coordination of ...................................... 7.4
Cost of the ..................................... 11.4-I1-5
definition of........................................1.43
neglected by CONTRACTOR ...................... 13.14
otherWork ............................................ 7
OWNER May Stop Work .......................... 13.10
OWNER May Suspend Work ................. 13.10. 15.1
Related. Work at Site ............................. 7.1.73
Startingthe .......................................... 2.4
Stopping by CONTRACTOR ........................155
Stopping by OWNER .......................... 15.1-15.4
Variation and deviation authorized,
minor........................................... 3.6
Work Change Directive -
claimspursuant to .................................. 10.2
definitionof ........................................ 1.44
principal references to .................... 353. 10.1-10.2
Written Amendment -
definitionof ........................................ 1.45
principal references to ... 1.10. 3.5. 5.10. 5.12. 6.61 6.83,
6.19,10.1.10.4,112,12.1,13.12.2.14.7.2
Written Clarifications and
Interpretations ........................... 3.63.9.4, 9.11
Written Notice Required -
by CONTRACTOR ........ 7.1. 9.10-9.I1, 10.4. 11?. 12.1
by OWNER ....................9.10.9.11, 10.4,11.2, I3.14
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GENERAL CONDITIONS
ARTICLE 1—DEFINI7IONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings'
indicated which are applicable to both the singular and plural
thereof:
1.1. Addenda Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement The written contract between OWNER
and CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
13. Application for Payment— he form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos —Any material that contains more than one
percent 'asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid —The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents —?he advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Bidding Requiremenu—'The advertisement or invites
lion to Bid, instructions to bidders, and the Bid form.
I.S. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Tunes, issued
on or after. the Effective Date of the Agreement.
1.10. Contract Documents —The Agreement. Addenda
(which pertain to the Contract Documents), CONTRACIOR's
Bid (mduding documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifica0ons and the Draw-
ings as the same are more specifically identified in the Agme-
meat, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5.3.6.1. and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6. 7 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract Price The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Wont).
1.12. Contract Times— he numbers of days or the dates
stated in the Agreement: 01 to achieve Substantial Completion,
and (7 to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEER's recommendation of final payment (unless responsi-
bilityfor the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1.15. Drawings The drawings which show the scope.
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. Effective Date of the Agreement --The date indicated
in the Agreement on which 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.
1.17. ENGINEER —The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consultant —A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Feld Orders —A written order issued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
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1 20. General Requirements6—Sections of Division 1 of the
Specifications.
1.21. Hazardous Waste The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1 'Y' Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances. codes
and orders of any and all Governmental bodies. agencies.
authorities and courts having jurisdiction.
1?3. Liens —Liens, charges. security interests or encum-
brances upon real property or personal property.
1.24. Milestone —A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work
-1 25. Notice ofAward—The written notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified. OWNER will
sign and deliver the Agreement.
1.26. Notice toProceed—A written notice given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR's obligations under the Contract Documents.
137. OWNER The public body or authority, corpora-
tion. association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
IM. Partial Urilizarion—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.
1.29. PCBs —Polychlorinated biphenyls.
130. Petroleum —Petroleum, including crude o0 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 Wastes and crude oils.
131. Project —The total construction of which the Work to
be provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in the Contract Documents.
1-32. Radioactive Material —Source. special nuelesr. or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to
time.
1.33. Resident Project Representative— The authorized
representative of ENGINEER who may be assigned to the site
or any part hereof.
1.34. 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.
135. Shop Drawings —All drawings, diagrams, illustra-
Lions, schedules and other data or information which are
specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
the Work.
1.36. Specifications —Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor —An individual, firm or corporation
having a direct contract with CONTRACTOR or with anv
other Subcontractor for the performance of a part of the Work
at the site.
138. Substantial Completion —The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion. it is sufficiently com-
plete, in accordance with the Contract Documents, so that the
Work (or specified part) can be utilized for the purposes for
which it is intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER's written recommendation of final payment in
accordance with paragraph 14.13. The terms "substan&Uy
complete" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the Contract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier —A manufacture-, fabricator, supplier, dis-
tributor. materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontractor.
1.41. Underground Facl7iries—Afl pipelines. conduits, ducts.
cables. wires, manholes, vaults, tanks. tunnels or other such
facilities or attachments. and any encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity. gases, steam
liquid petroleum products, telephone or other eommunicar
lions, cable television. sewage and drainage removal. traffic or
other control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis of
unit prices.
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1.43. Work —The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
Zhe result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction.
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive —A written directive to CON-
TRACTOR, 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 physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 43 or to emergencies under paragraph 6.223. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive 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 as provided in
paragraph 10?
1.45. Written Amendment —A written amendment of 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 Docu-
ments.
ARTICLE 2—PRELIMINARY MATTERS
Derw.ry of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2 7 OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work Additional copies will be
famished, upon request, at the cost of reproduction.
Commencement of Con&Va Tuna; Notice to Proceed
3. The Contract Times wfll commence to nm on the third-
eth 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 thirty days
after the Effective Date of the Agreement In no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement. whichever date is earlier.
Starting the work-
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run. but no Work
shall be done at tiie site prior to the date on which the Contract
Times commence to run.
Before Stordng Consauedon:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error. ambiguity or discrepancy which CONTRAC-
TOR 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 Doc-
uments. unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. 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;
2.61. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for 'all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of work.
2.7. Before any Work at the site is started. CONTRACTOR
and OWNER shall each deliver to the other. with copies to
each additional insured identified in the Supplementary Condi-
tions. 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
requited to purchase and maintain in accordance with pat-
graphs 5.4.5.6 and 5.7.
Pmeomirucrion Conference
2.8. Within twenty days after the Contract Tunes start to
run, but before any Work at the site is started. a conference
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attended by CONTRACTOR. ENGINEER and others as ap-
propriate will be held to establish a working understanding
'among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals. processing Applications for
Payment and maintaining required records.
lnidally Aeerptabk Sehedukx.
2.9. Unless otherwise provided in the Contract Docu-
ments. at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to review
for acceptability -,o ENGINEER as provided below'the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR 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 the
schedules are submitted to and acceptable to ENGINEER as
provided below. The progressschedule will be acceptable to
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI-
NEER responsibility for the sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will be
areptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT.
AMENDING, REUSE
Inrerta:
3.1. The Contract -Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3Z It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with 'the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
Dade usage as being required to produce the intended result
will be fiunished and performed whether or not specifically
called for. When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work. materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
rations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Speeifrcada= of Technical
Socieaa, Reporting and Resolving Discrepancies;
3.3.1. Reference to standards. specifications. manuals or
codes of any technical society. organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard, specification, manual, code or
Laws or Regulations in effect at the time of opening of Bids
(or, on the Effective Date of the Agreement if there were no
Bids), except as may be otherwise specifically stated in the
Contract Documents.
33.2. If, during the performance of the Work, CON-
TRACTOR discovers any conflict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5.
CONTRACMR shall report it to ENGINEER in•writing at
once, and, CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error. ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
33.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3S or 3.6. the provisions of the Contract
Documents shall take precedence in resolving any conflict,
error, ambiguity or discrepancy between the provisions of
the Contract Documents and:
3.3.3.1. the provisions of any such standard, speci-
fication. manual, code or instruction (whether or not
specifically incorporated by reference in the Contract
Documents): or
3.3.3?. the provisions of any such Laws or Regu-
lations 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).
No provision of any such standard, specification, manual.
code or instruction shall be effective to change the duties and
responsibilities ofOWNER. CONTRACTOR or ENGINEER.
or any of their subcontractors, consultants, agents, or em-
ployees from those set forth in the Contract Documents. nor
shall it 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 furnishing or
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performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9.13 or any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contracr Documents the terms "as
ordered.- "as directed:' "as required,** "as allowed," "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable; * "suitable; *"acceptable:' "proper"
or "satisfactory" or adjectives of hike effect or import are
used to describe a requirement, direction, review or judg-
ment of ENGINEER as to the Work. it is intended that such
requirement, direction. review or judgment 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 use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
Aiding mid Suppkmeuang Conma Doeumente
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the tercets and conditions thereof in one or more of the following
ways:
35.1. a formal Written Amendment,
3.52. a Change Order (pursuant to paragraph 10.4), or
353. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Conuact Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Feld Order (pursuant to paragraph 9.5).
3.6Z ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 61'n. or
3.63. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
Aws+r of Doeuirrentr.
3.7. CONTRACMR. and any Subcontractor or Supplier
or other person or organization performing or furbishing any of
the Work under a direct or indirect contract with OWNER (i
shall not have or acquire any title to or ownership rights in any
of the Drawings. Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
ARTICLE 4—AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICkL
CONDITIONS; REFERENCE POINTS
Avarlabiiiry of lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be performed,
rights -of -way and er cements for access thereto, and such other
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request, OWNER shall furnish CON-
TRACMR with a correct statement of record legal tide and
legal description of the lands upon which the Work is to be
performed and OWNER's interest therein as neccwry for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facarities will be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER are unable to agme on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Tunes as a result of any delay in
OWNER's furnishing these lands, rights -of --way or easements.
CONTRACTOR may make a claim therefor as provided in
Articles I and 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary.construction faalities or storage of materials and
equipment.
4.1 Subsarface and Phvsicd Condrdons.
4.2.1. Reports and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4Z 1.1. Subsurface Condufons: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have be -en utilized by ENGINEER in preparing
the Contract Documents; and
4.2.11. Physical Coi&rions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
FxTities) that have been uniized by ENGINEER in prepar-
ing the Contract Documents.
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42 2. Limited Reliance by CONTRACTOR Authorized:
Technical Data: 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 Supple-
mentary Conditions. Except for such reiiance on such "tech-
nical data;' CONTRACTOR may not rely upon or make any
claim against OWNER. ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2-1.1. the completeness of such reports and drawings
for CONTRACTOR's purposes. including, but not limited
to, any aspects of the means, methods, techniques, se-
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.22.2. other data, interpretations, opinions and infor-
mation contained in such reports or shown or indicated in
such drawings, or -
42 23. any CONTRACTOR interpretation of or conclu-
sion'drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.23. Notice of Differing Subsurface or Physical Condi-
tions: if CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either.
4.2.3.1. is of such a nature as to establish that any
"technical data' on which CONTRACTOR is entitled to
rely as provided in paragraphs 4? i and 4? -7 is materially
inaccurate, or
4?3.1 is of such a nature as to require a change in the
Contract Documents, or
4.233. differs materially from that shown or indicated in
the Contract Documents, or
4.23.4. is of an unusual nature. and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents; then
CONTRACMR shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency as permitted by paragraph 6.3). notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
41.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions. determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
4?S. Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3., a Work Change Directive or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequenrs of such change.
4.2.6. Possible Price and Tunes Adjustments. An equitable
adjustment in the Contract Price or in the Contract Times. or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACTOR's cost of. or time required for
performance of, the Work; subject. however, to the following:
4.2.6.1. such condition must meet anyone or more of the
categories described in paragraphs 4.2-3.1 through 4? 3.4.
inclusive;
4.2.6? a change in the Contract Documents pursuant to
paragraph 4.25 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment:
4.2.63. 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 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.16.4.2. the existence of such condition could rea-
sonably have been discovered or revealed as a result of
any examination. investigation, exploration. test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONZRACPOR's making
such final commitment; or
42.6A.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 42.3.
If OWNER and CON': R ACTOR are unable to agsco on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Trines,
a claim may be made therefor as provided in Articles 11 and 12.
However, OWNER. ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONTRACTOR for any claims.
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. Physical Conran—Undergrvrord FacOks:
4.3.1. Shown or lndicated-T he information and data shown
or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on
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information and data furnished to OWNER or ENGINEER by
the owners of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or data, and
4.3.1? The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sibility for. (i) reviewing and checicng all such information and
data, n locating all Underground Facilities shown or indicated
in the Contract Documents. to coordination of the Work with
the owners of such Underground Facilities during construction.
and (iv) the safety and protection of all such Underground
Faalities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work
4.3.2. Not Shown or Indicated: If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents. CON-
TRACTOR shall, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23). identify the owner
of such Underground 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 of the Underground Facility. if ENGINEER con-
cludes that a change in the Contract Documents is required. a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time. CONTRACTOR shall be respon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are annbutable
to the existence of any Underground Facility that vva5 not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on endde-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles 11 and 12. However.
OWNER, ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims. costs. losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work CONTRACTOR shall be responsible for laying
out the Work shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
45. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
active LLiaterial:
4.5.1. OWNER shall be responsible for any Asbestos.
PCBs, Petroleum. Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be respormbie for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23). and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action.
if any. CONTRAC MR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special written notice: () 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 the
amount or extent of an adjustment, if any. in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles 11 and 12.
4.5.3. If after receipt of such special written notice
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 such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work then either party may make a claim therefor as
provided in Articles 11 and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4-5.4. To the fullest extent permitted by Laws and Res-
ulations. OWNER shall indemnify and hold harmless CON-
TRACTOR. Subcontractors. ENGINEER. ENGINEER'S
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Consultants and the officers, directors, employees. agents.
other consultants and subcontractors of each and any of
them from and against all claims. costs. losses and damages
raising out of or resulting from such hazardous condition.
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death. or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom.
and (u nothing in this subparagraph 4-5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence.
4SS. The provisions of paragraphs 4? and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5—BONDS AND INSURANCE
PeeOm anee, Payment and Other Bonds.
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CON'TRACDOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due. except as
provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 5770 (amended)
by the Audit Staff, Bureau of Government Financial Opera-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5? If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
Project is located or it ceases to meet the requirements of
paragraph 5.1. CONTRACTOR shall within ten days thereafter
substitute another Bond and surety. both of which must be
acceptable to OWNER.
53. Limnsed Srir+r= and Insurers; Cerdfrcates of lsrocnce:
companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so requited.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
5.3? CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.
OWNER shalt deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions. certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
CONRRACTOR's LiabOy Insurance.
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACMR's performance and furnishing of the
Work and CONTRACIOR's other obligations under the Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or
furnish any of the Work, or by anyone for whose acts any of
them may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of COtr'I'RAC-
TOR's employees;
5.43. claims for damages because of bodily injury, sick-
ness or disease. or death of any person other than CON-
TRACTOR's employees;
5.4A. claims for damages insured by customary personal
injury liability coverage which are sustained: Ot by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or nu
by any other person for any other reason;
5.4.5. 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
53.1. All Bonds and insurance required by the Contract 5.4.6. claims for damages because of bodily injury or
Documents to be purchased and maintained by OWNER or death of any person or property damage arising out of the
CONTRACTOR shall be obtained from surety or insurance ownership. maintenance or use of any motor vehicle.
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The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.43 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER. ENGINEER's Cbn-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations.
whichever is greater,
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under paragraphs
6.12, 6.16 and 6.31 through 633;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, 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 Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 53.2 wili so pro-
vide);
5.4.I2. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. 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 pa; :rent
(and CONI RAC:IVR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions 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).
OWNER's L3cbr7ity Iarrrr=ce.
5-5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain at OWNER's ezpense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Properry Irtsraaaer:
5.6. Unless otherwise provided in the Supplementary Con-
ditions. OWNER shall purchase and maintain property insur-
ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR. Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons 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;
5.6.2. be written on a Builder's Risk "all-risk" or open
pent or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings, fafsework and Work in transit and shall
insure against at least the following peals 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 as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work. provided that such
materials and equipment have been included in an Applica
don for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER. CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons 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.
5.3. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has bees
given to OWNER and CONTRACMR and to each other
additional insured to whom a certificate of insurance has bees
issued and wiz) contain waiver provisions in accordance with
paragraph 5.11.
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5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
XON PAMR, Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR.
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
Provided under paragraphs 5.6 or 5.7. OWNER shall, if possi-
ble, include such insurance, and the cost thereof will be
charged to CONPRACIiDR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site. OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. T+4iVer ojRig&S.-
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER. CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers. directors,
employees and agents for all losses and damages caused by.
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and. in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to belisted as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
Policy so issued.
5.11? In addition. OWNER waives all rights against
CONTRACMR. Subcontractors. ENGINEER. ENGI-
NEER's Consultants and the officers, directors, employees
pnd agents of any of them, for.
5.11? 1. loss due to business interruption. loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril. whether or not insured by OWNER; and
5.11.2.2. loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
Receipt and Application of Insm=ce Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced. the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may teach. If no such agreement among the
parties in interest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest, OWNER as fiduciary shall give bond
for the proper performance of such duties.
Acceptance of Bon& and lasromrce; Opdon to Replace:
5.14. if either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 7-7. OWNER and CONTRACMR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either parry does not purchase or maintain all of the Bonds and
insurance required of such parry by the Contract Document
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work. or of such faflum to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other parry's interests at the expense of the party who was
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required to provide such coverage. and a Change Order shall
be issued to adjust the Contract Price accordingly.
Partial Ualcadon—Property Laurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work. such use or occupancy may be accompiished in
accordance with paragraph 14.10: provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies. but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. 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 Con-
tract 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 others 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 compiies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all tines
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CON, 7R.AC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
63. CONTRACTOR shall provide competent. suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto. and except
as otherwise indicated in the Contract Documents. all Work at
the site shall be performed during regular working hours and
CONTRACTOR will not permit overtime work or the perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the Gene. -al Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation. con-
struction equipment and machinery. tools, appliances, fuel,
power. light. heat, telephone. water, sanitary facilities, tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing. performance, testing, start-up and comple-
tion of the Work
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER. CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected.
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progress Scheduk:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that wall not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.61. Proposed adjustments in the progress schedule
that will change the Contract Tunes (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 1'
6.7. Subsdtlnes and "Or -Equal" Items:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier. the specification or description is intended to
establish the type. function and quality required. Unless the
specification or description contains or is followed by words
reading that no like. equivalent or "or -equal" item or no
substitution is permitted. other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
W
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6.7.1.1. "Or -Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
"or -equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion. be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Subsriture fret=: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or -equal". item
under subparagraph 6.7.1.1. it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi-
cient 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 substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result di=tly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.13. CONTRAC70R's Expense: All data to be
provided by CONTRACTOR in support of any proposed
"or -equal" or substitute item will be at CONT ACIOR's
expense.
6.72. Substitute Construction Methods or Procedures. If a
spedfic means, method, technique. sequence or procedure of
construction is shown or indicated in and expressly required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER. in ENGINEER's sole discretion. to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.12.
6.73. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.7.12 and 6.71.
ENGINEER will be the sole judge of acceptability. No "or -
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or
other surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs &.7.1 2
and 6.7 2 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 accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shalt reimburse
OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
Concerning Subconn actors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initially or as a substitute,
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.82. If the Supplementary Conditions require the iden-
dry of certain Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER and if CONTRACTOR has submitted a
fist thereof in accordance with the Supplementary Condi-
tions. OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such Subcon-
tractor. Supplier or other person or organisation so identified
may be revoked on the basis of reasonable objection after
due investigation. in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
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substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor. Supplier or other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors. Suppliers and other persons and orgy niza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACMR just as CON-
TRACTOR is responsible for CONTRACMR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9? CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
eontractors. Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11.. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
fisted as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7. the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER, CONTRACTOR, ENGINEER.
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils 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. CONTRACTOR will obtain the
same.
Pbum Fees aced Rovawes:
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any invention,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or 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 harm-
less OWNER, ENGINEER, ENGINEER's Consultants and
the officers. directors, employees. agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the ineorpom-
tion in the Work of any invention, design, process. product or
device not specified in the Contract Documents.
Permit-:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
Laws and Reguladow.
6.14.1. CONTRACTOR shall give all noti= and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neitherOWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14? 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 caused by, arising out of or resulting
therefrom; however, it shall not be CONTRACDOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taus:
6.15. CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the Taws and Regulations of the place of
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the Project which are applicable during the performance of the
Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment. the storage of materials and equipment and the opera-
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations, rights -of -way, permits and
easements. and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the
performance of the Work Should any claim be made by any
such owner or occupant bemuse of the performance of the
Work, CONTR.AC'IOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law. CON-
TRACTOR shall; to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER. ENGI-
NEER. ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims.
costs, losses and damages arising out of or resulting from any
claim or action, legal or equitable, brought by any such owner
or occupant against OWNER. ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as well as all tools, appliances. construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
Record Documem.
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings. Specifications, Addenda.
Written Amendments, Change Orders, Work Change Direc-
tives. Feld Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 9.4) in good order and
annotated to show all 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 Draw-
ings will be delivered to ENGINEER for OWNER.
Safety and Protecdon:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage. injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and
6.203. other property at the site or adjacent thereto,
including trees. shrubs. lawns, walks, pavements, roadways,
structures, utilities and Underground Facilities not desig-
nated for removal, relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage. injury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Fhaties and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal.
relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.20.2 or
6.203 caused, directly or indirectly. in whole or in part, by
CONTRACTiOR. any Subcontractor. Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. 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 Consultant or
anyone employed by any of them or anyone for whose act any
of them may be liable. and not attri'outable, directly or indi-
rectly. in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor, Supplier or other per-
son or organization directly or indirectly employed by any of
them). CONTRACTOR's duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with pares
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
don).
Safety Representative:
6.21. CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
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responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
VWM-
H=arid Comnulnkadon Pmgrnms.
6.Z. CONTRACTOR shall be responsible 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 accor-
dance with Laws or Regulations.
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER, is obiigated to
act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24 Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be idendfied 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 quanti-
ties. dimensions. specified perfornance and design criteria.
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24? CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material.
Supplier. pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6_6. The'num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.r5. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
ple. CONTRACTOR shall have determined and verified:
6.25.1.1. all field measurements. quantities, dimen-
sions, specified performance criteria, installation require -
meats, materials, catalog numbers and similar information
with respect thereto.
6.25.1 all materials with respect to intended use,
fabrication. shipping. handling, storage, assembly and
installation pertaining to the performance of the Work. and
615.1.2. all information relative to CONTRACPOR's
sole responsibilities in respect of means, methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
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 Documents.
6.3.L Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACIOR's obligadons under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vad-
adons, 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 communication 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.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. 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.
ENGINEER's review and approval will not extend to means.
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER. and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
srblity for any variation from the requirements of the Contract
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Documents unless CONTRACTOR has in writing called EN-
GINEER's attention to each such variation at the time of
submission as required by paragraph 6.25.3 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 paragraph 6M.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9. any related Work performed prior to ENGI-
NEER'S review and approval of the pertinent submittal will be
at the soie expense and responsibility of CONTRACTOR.
Corrdnsdng the Wont:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
Permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONMAMR's General Wwrmrty and Gu mrtee.
630.1. CONTRACTOR warrants and guarantees to
OWNER. ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONiRACIOR's warranty and
guarantee hereunder excludes defects or damage cat,sed by:
630.1.1. abuse, modification orimproper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30.1? normal wear and tear under normal usage.
"-I CONTRACTOR'sobligation to perform and com-
plete the Work in accordance with the Contract Documents
SW 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 obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30? 1, observations by ENGINEER;
630.23. recommendation of any progress or final
payment by ENGINEER;
6.3023. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents;
630— 4. use or occupancy of the Work or any part
thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any failure to
do so;
6.30.2.6. any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection. test or approval by others; or
6.30.2.8. any correction of defective Work by OWNER
brdemni i=don.
6.31. 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, 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 dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work. provided that any such claim, cost, loss or damage: (i) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself). including the loss of use resulting therefrom, and
(iii) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perform or furnish 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 a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified parry by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants. agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
631 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 person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
633. The indemnification obligations of CONTRACTOR
under paragraph 631 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
S&u,W :l of Obligmiow.
634. All representations. indemnifications, warranties and
guarantees made in, required by or given in accordance with
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the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final pav-
lnent. completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7—OTHER WORK
Related Work at Site:
7. L OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these, or have other work performed by
utility owners. if the fact that such other work is to be
performed was not noted in the Contract Documents. then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work, and (iii) CONTRAC-
TOR may make a claim therefor as provided in Articles 11
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
72. CONTRACTOR shall afford each other contractor
who is a parry to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional 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 connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise 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 CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
73. If the proper execution or results of any part of
CONT'RAC'TOR'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 iuch other work that render it
unavailable or unsuitable for the proper execution and results
of CON TRAC.TOR's Work. CONTRACTOR's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRAC OR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
Coordination:
7.4. If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized; and
7.43. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8—OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions. OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
•8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACMR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs SS through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1. Paragaph I5.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
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8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for. CONTRAC-
TOR'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 furnishing or perfor-
mance of the Work OWNER will not be responsible for
CONTRACMR's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents. OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Represemadve.
9.1. ENGINEER wM be OWNER's representative during
the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER
Visits to site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that has been
made and the quality of the various aspects of CONTRAC-
TOR`S executed Work Based on information obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to determine, in general. if the Work is
proceeding in accordance with the Contract Documents. EN-
GINEER will not be required to make exhaustive or continu-
ous on -site inspections to check the quality or quantity of the
Wont. ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work wM conform generally to the Contract Documents. On
the basis of such visits and on -site observations. ENGINEER
will keep OWNER informed of the progress of the Wont and
will endeavor to guard OWNER against defective Work EN-
GINEER's visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly. but without limitation.
during or as a result of ENGINEER's on -site visits or
observations of CONTRACTOR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRACiiOR's meats, methods, techniques, se-
quences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of the Work.
Project Representadve:
9.3. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
Ciarifucadons and Imerprewdons.
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings or
otherwise) as ENGINEER may determine necessary, which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Tunes and the patties are unable
to agree to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article 11 or Article 12.
Awhorftd Varkdons in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by
the Contract Documents. These may be accomplished by a
Feld Order and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved promptly.
If OWNER or CONTRACTOR believes that a Feld Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof. OWNER or CONTRACTOR may make a
written claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
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that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9.
whether or not the Work is fabricated, installed or completed.
Shop Dmwings, Change Orders and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders. sce Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment. sec Article 14.
Determinations for Unit Prices.
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWNER and
CONTRACTOR. unless. within ten days after the date of any
such decision. either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC -A.
"Dispute Resolution Agreement:' entered into between
OWNER and CONTRACTOR pursuant to Article 16. or (ii) if
no such Dispute Resolution Agreement has been entered into.
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGiNEER's decision. unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Disputes.
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles i l and 13 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 thirty 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 sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal. if any, in accordance with this
paragraph. ENGINEER's written decision on such claim.
dispute orother matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC -A. "Dispute Reso-
lution Agreement:' entered into between OWNER and CON-
TRACTOR pursuant to Article 16. or (ii) if no such Dispute
Resolution Agreement has been entered into, 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 thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good Faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in -paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim. dispute or other matter pursuant to Article 16.
9.13. radon: on FMINEER's Andwrrty and Repo
9.13.1. Neither ENGINEER's authority or responsibil-
ity 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
or responsibility or the undertaking. exercise or performance
of any authority or responsibility by ENGINEER shall
create. impose or give rise to any duty owed by ENGINEER
to CONTRACTOR. any Subcontractor. any Supplier. any
other person or organization. or to any surety for or em-
ployee or agent of any of them.
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9.13.2. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's meats, methods. techniques, sequences or procz-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRAC OR's failure to perform or
furnish the Work in accordance with the Contract Docu-
ments.
19.133. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor,
any Supplier. or of any other parson or organization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules. guarantees.
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of. and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the Contract Doc-
uments.
9.135. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER's Consultants. Resident Project Representative and
assistants.
ARTICLE 10--CHANGES IN THE WORK
10.1. 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.
Such additions, deletions or revisions will be authorized by
a Written Amendment. a Change Order. or a Work Change
Directive. Upon receipt of any such document, CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any. of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive. a claim may be made
therefor as provided in Article 1 I or Article 12.
103. CONTRACTOR shall not be entitled to an increase in
the Contract Price or an extension of the Contract Tunes with
respect to any Worst performed that is not required by die
Contract Documents as amended. modified and supplemented
as provided in paragraphs 3.3 and 3.6 except in the case of an
emergency as provided in paragraph 6M or in the case of
uncovering Worst as provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or ur
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Times
which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract Tunes
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11;
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. CON-
TRACTOR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing. but not limited 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 CONT'RACTOR's respon-
sibility. and the amount of each applicable Bond will be
adjusted accordingly.
ARTICLE 11—CHANGE OF CONTRACT PRICE
IIA- The Contract Price constitutes'the total compensa-
tion (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibili-
tiesand obligations assigned to or undertaken by CONTRACTOR
shall be at CONTRACTOR's expense without change in the
Contract Price.
11? The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
within sixty days after the start of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will
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be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
113.1. when: the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive);
113 where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3 2. on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Coat of the Wont:
l 1.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper -
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER. such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules ofjob classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without Um-
itation superintendents. foremen and other personnel em-
ployed 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, unemployment. excise and payrolltaxes. work-
ers' compensation. health and retirement benefits, bonuses.
sick leave, vacation and holiday pay applicable thereto. The
expenses of performing Work after regular wonting hours,
on Saturday, Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER
11.4.1 Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONIRAC MR unless OWNER deposits funds with CON-
TRACTOR 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 materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. 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 accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACIOR's Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing•labomtories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.45. Supplemental costs including the following:
11.4.5.1. Tice proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's em-
ployees incurred in discharge of duties connected with -the
Work
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.53. Rentals of all construction equipment and
machinery and the pacts thereof whether tented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice 'of ENGI-
NEER, and the costs of transportation, loading, unload-
ing. installation. dismantling and removal thereof —all in
accordance with the terms of said rental agreements. The
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Work
11.4.5.4. Sales. consumer, use or similar taxes related
to the Work, and for which CONTRACTOR is liable.
imposed by Laws and Regulations.
11.4.55. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
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11.4.5.6. 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 performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRAC MR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent' and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACMR's fee. If. however any such
loss or damage requires reconstruction and CONTRAC-
MR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
11.45.9. Cost of premiums 'for additional Bonds and
insurance required because of changes in the Work
11.5. The term Cost of the Work shall not include any of
the following:
115.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers. ar-
chitects, estimators, attorneys, auditors, accountants. pur-
chasing.and contracting agents, expediters. timekeepers.
clerks and other personnel employed by CONTRACTOR
whether- at the site or in CONTRACMR's principal or a
-branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph 11.4.4-9 of -which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
11.5? Expenses of CONTRACMR's principal and
branch offices other than CONTRACTOR's office at the site.
11.53. Any part of CONTRACTOR's capital expenses.
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.459 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
MR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon. then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2. the CONTRACTOR's fee shall be fifte--n
percent;
11.6.2.2. for costs incurred under paragraph 11.43,
the CONTRACMR's fee shall be five percent;
It .6Z3. 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 paragraphs 11.4.1. 11 A 2.
11.43 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 1 l .4.1 and 11.4.2 and that
any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor,
11.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4. 11.45 and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease;
and
11.6.16. when both additions and credits are involved
in any one change. the adjustment in CONTRACTOR's
fee shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6?S.
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
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Cash Allowances:
1 I.B. 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 fur-
nished and performed for such stuns as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that
II.8.1. 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
11.8.2. CONTRACTOR's costs for unloading and han-
dling on the site, labor. installation costs, overhead. profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Price Work.
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRACMR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sepa-
rately identified item.
11.93. OWNER or CONTRACTOR may snake a claim
for an adjustment in the Contract Price in accordance with
Article I if:
1I.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.31. there is no corresponding adjustment with
inspect to any other item of Work; and
11.9.33. if CONTRACTOR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
of having incurred additional expense or OWNER be-
lieves 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.
ARTICLE 12—CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly (but
in no event lacer than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12? All time limits stated in the Contract Documents are
of the essence of the Agreement.
123. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Tunes (or
Milestones) due to delay beyond the control of CONTRAC-
TOR. 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 12.1. 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
Article 7, fires, floods, epidemics, abnormal 'weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Tunes (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (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. In no event shall OWNER be liable to CONTRAC-
TOR. any Subcontractor, any Supplier. any other person or
organization. or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from n delays
caused by or within the control of CONTRACTOR, or (7
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delays beyond the control of both parties including but not
limited to fires, Hoods, epidemics, abnormal weather condi-
Jions, acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
ARTICLE 13—TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFEC77VE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
Access to Work-
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER. independent
testing laboratories and governmental agencies with jurisdic-
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such access
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
rests and Inspecdo=
13.3. CONTRACTOR shall give ENGINEER timely no-
tice 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.
13.4. 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:
13.4.1. for inspections. tests or approvals covered by
paragraph 13.5 below-,
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragraph 13.9; and
13.43. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to be
inspected, tested or approved by an employee or other repm-
setrtative of such public body, CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals. pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
appro%al. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work. or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
Uncovering Work-
U.S. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's re-
quest, shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question, furnishing all necessary
labor, material and equipment. If it is found that such Work is
defective, CONTRACTOR shall pay all claims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of others);
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof. may make a claim therefor as provided in
Article 11. If. however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contr=
Price or an extension of the Contract Times (or Milestones), or
both. directly attributable to such uncovering, exposure, ob-
servation, inspection, testing. replacement and *reconstruction;
and. if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles 1 I and 12.
OWNER May stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip.
ment. or fails to furnish or 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
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shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any
surety or other party.
Correction or Removal of Defeettve Work:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work. whether
or not fabricated, installed or completed, or, if the Work has
been rejected by ENGINEER, remove it from the site and
replace it with Work that is not defective. CONTRACTOR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.12. Correction Period
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defective. CONTRACTOR
shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions: (i) correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and a satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACMR does not promptly comply
with the terms of such instructions, or in an emergency
-where delay would cause serious risk of loss or damage.
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to all costs
of repair or replacement of work of others) will be paid by
CONTRACTOR. _
13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service before Substan-
tial Completion of all the Work. the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
13.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected. removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or re-
moval and replacement has been satisfactorily completed.
Accgmnce of Defeedve Work:
13.13. If. instead of requiring correction or removal and
repla¢etnettt of defective Work. OWNER (and, prior to ENGI-
NEER's recommendation of final payment. also ENGINEER)
prefers to accept it. OWNER may do so. CONTRACMR shall
pay all claims, costs, losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). if any such 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, and, if the parties are unable to agree as to the amount
thereof. OWNER may make a claim therefor as provided in
Article 11. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11. or if CON-
TRACMR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents, OWNER
may, after seven days' written notice to CONTRACTOR,
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall pro-
ceed 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 pan of the Work.
and suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construc-
tion equipment and machinery at the site and incorporate in the
Work all materiais and equipment stored at the site orfor which
OWNER has paid CONTRACTOR but which are stored
elsewhere. CONTRACTOR shall allow OWNER. OWNER's
representatives, agents and employees. OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs. losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the patties are unable to agree as to the
amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by confection.
removal or replacement of CONTRACTDR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performanceof the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Valuer.
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
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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 com-
pleted.
AppIrcarion for Progeea Payme=
14 2. At least twenty 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 accompanied by such supporting
documentation as is required by the Contract Documents. if
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing.
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and other arrangements to protect OWNER's interest therein.
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRACT OR's warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to
all Work materials and equipment covered by any Application
for Payment. whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Review of Appllcaaonr for Pragr= Paymeat-
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for mfusing to recom-
mend payment. In the laver case. CONTRACTOR may make
the nec=sary corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation. the amount
recommended will (subject to the provisions of the last sen-
tence of pa-ragraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
145. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a mpre-
sentation by ENGINEER to OWNE& based on ENGINEER's
on -site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules. that to the best of ENGINEER's knowledge. infor-
mation and belief:
14.5.1. the Work has progressed to the point indicated.
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation 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 classifications for Unit
Price Work under paragraph 9.10. and to any other quali-
fications stated in the recommendation), and
14.5.3. the conditions precedent to CONT ACrOR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to
observe the Work.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
exhaustive or continuous on -site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (ri) that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRACI'pR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible for CONTRACDOR's means, methods, techniques.
sequences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations app(i-
cabie to the furnishing or performance of Work. or for any
failure of CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if. in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recorrr-
mend any such payment, or. because of subsequently discov-
ered evidence or the results of subsequent inspections or tests.
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective. or completed Work has
been damaged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with paragraph
13.14. or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.' 1 through 15.2.4 inclusive.
OWNER may refine to make payment of the M amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTORS performance or furnishing of
the Work.
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14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens.
14.7.7. there are other items entitling OWNER to a
set-off against the amount recommended. or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.7.1 through 14.73 or paragraphs 15.2.1 through 15 2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld. or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWN-
ER's satisfaction the reasons for such action.
Sabst mzW Completion:
14.8. 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 CONTRAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter. OWNER. CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete. ENGINEER 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 Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative at of items
to be completed or corrected before final payment OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If. after
considering such objections. ENGINEER concludes that the
Work is not substantially complete. ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing. stating the reasons
therefor. If. after consideration of OWNER's objections. EN-
GINEER considers the Worst substantially complete. ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pend-
iing final payment between OWNER and CONTRACTOR with
rapes to security. operation, safety, maintenance. heat. utili-
tim 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 certificatt of Substantial Completion. ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion.
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
Parts! Udlkmion:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or a OWNER.
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONT'RACTOR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRAC'IDR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRAC MR agrees that such part of the Work is substan-
tially complete. CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work Within a reasonable time after either such request.
OWNER. CONTRACTOR and ENGINEER shall make
an inspection of that part of the Wort: to determine its
status of completion. If ENGINEER does not consider
that part of the Work to be substantially complete. ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibriity in
respect thereof and access thereto.
14.10' No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Final larpecaon.
14.11. Upon written notice from CONTRAC." IOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
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particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies.
Find Application for Payment.
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees. Bonds, certifi-
cates or other evidence of insurance required by paragraph 5.4.
certificates of inspection, marked -up record documents (as
provided in paragraph 6.19) and other documents. CON -MAC -
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered)
by: (i) all documentation called for in the Contract Documents.
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, a consent of the surety, if any. to final
payment, and (iij complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER. CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: 0) 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 brills and
otherindebtedness connected with the Work forwhich OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier falls to furnish such a release or receipt in full.
CONTRACTOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance.
14.13. If, on the basis of ENGINEER's observation of the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the
Contract Documents have been fulfiiled. ENGINEER will,
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application 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 14.15. Oth-
erwise, ENGINEER wll return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing * to
recommend final payment. in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation. in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability. the amount recommended by ENGI-
NEER wlI become due and will be paid by OWNER to
CONTRACTOR. •
14.14. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delaved and if ENGINEER
so confirms. OWNER shall. upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER. and without terminating the Agreement. make pay-
ment of the balance due for that portion of the Wort: fully
completed and accepted. If the remaining. balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5.1. the written con-
sent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terms and conditions governing final payment. except that
it shall not constitute a waiver of claims.
Waiver of Claims.
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR. except claims arising from unsettled Liens.
from defective Work appearing after final inspection pursu-
ant to paragraph 14.11. from failure to comply with the
Contract Documents or the terins of any special guarantees
specified therein. or from CONTRACTOR's continuing ob-
ligations under the Contract Documents: and
14.15.1 a waiver ofall claims by CONTRACTOR against
OWNER other than those previously made in writing and
still unsettled.
ARTICLE 15—SUSPENSION OF WORK AND
TERMINATION
OWNER Nay Suspend Work:
15.1. At any time and without cause. OWNER may sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR 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 both.
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11
and 1?.
OWNER May Terminate..
15.2. Upon the occurrence of any one or more of the
following events:
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iS 2. L if CONTRACTOR persistently fails to petiorm
the Work in accordance with the Contract Documents (in -
chiding, 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
2.9 as adjusted from time to time pursuant to paragraph 6.6):
!S?? if CONTRACTOR disregards Laws or Resttla-
tions of any public body having jurisdiction:
15.2.? ' if CONTRACTOR disregards the authority of
ENGINEER; or
152-4. if CONTRACTOR otherwise violates in any sub-
standal way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety.
if any.) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR's
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
and finish the Work as OWNER may deem expedient. In
such 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 sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims. costs. losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims, costs. losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order. provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRACTOR's services have been so ter -
initiated by OWNER the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER. OWNER stay, without cause and without
pr*&cc to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case. CONTRACTOR shall
be paid (without duplication of any items):
—� 15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work:
15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor.
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims. costs. losses and damages incurred
in settlenient of terminated contracts with Subcontractors.
Suppliers and others: and
15.4.4. for reasonable expenses directly amioutable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR May Stop Work or Termiaare:
15.5.. If. through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity. or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then COIN -TRACTOR 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 Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted. or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR. including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles 11 and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agmement, such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC -A. "Dispute Resolution Agreement." to be
attached hereto and made a part hereof, if no such agm==t
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9.10.
9.11. and 9.12. OWNER and CONTRACTOR may exercise
41
•
•
51
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
jany dispute.
ARTICLE 17—MISCELLANEOUS
Giving ?Vodce.
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified matt, pustage prepaid. to the last business address
known to the giver of the notice.
Ccmpuradon of Time
17Z 1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
• the first and include the last day of such period. If the Iast 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 well be omitted from the computation.
17 1? A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Nader of Gzbm
173. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error. omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable, claim will be made in writing to the other patty within a
reasonable time of the first observance of such injury or
damage. The provisions of this paragraph 173 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose.
C"Muiadve Remedies:
17.4. The duties and obligations imposed by these Gencal
Conditions and the rights and remedies available hereunder to
the parties hereto, and. in particular but without limitation. the
warranties. guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.12. 6.16. 630, 631. 6.32. 13.1.
13.12. 13.14, 143 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder. are in
addition to. and are not to be construed in any way as a
limitation of. any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
Regulations. by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply.
Professional Fees and Court Costs Included
175. Whenever reference is made to "claims. costs. losses
and damages;' it shall include in each case. but not be limited
to, all fees and charges of engineers. architects, attorneys and
other professionals and all court or arbitration or other dispute
resolution costs.
(The remainder of this page was left blank intentionally.]
42
•
•
SUPPLEMENTARY CONDITIONS OF THE AGREEMENT
SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a supplement and
where in conflict, they take precedence over the General Conditions of the Agreement of this
Specification.
SC-2 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.
SC4 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 ITAE 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
($100.00), it being understood between the parties hereto that such sum shall be treated not as a
penalty, but as liquidated damages for loss of revenue to the OWNER.
SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written guarantee
on all workmanship and materials provided by him for the project. The written guarantee shall be
made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work
under the Contract to be free from faulty materials in every particular, and free from faulty
workmanship, and against injury from proper and usual wear; and agreeing to replace or to
reexecute without cost to the OWNER such work as may be found to be imperfect or improper,
and to make good all damage caused to other required replacement or reexecution. The guarantee
shall be made to cover a period of one year from the date of completion of all work under this
Contract. This guarantee must be furnished to the OWNER for approval, prior to acceptance and
final payment. Neither the final certificate nor payment nor any provision in the Contract
Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty materials or
workmanship during the period covered by the guarantee.
Supplementary Conditions 1 of 10
SC$ 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 INCONVE.MENCES TO THE PUBLIC: It is declared and acknowledged intent of these
specifications that all work such as backfilling of excavations, removing forms, repairs to roads and
drives, and clean-up or other such operations shall follow as closely as practical to the laying or
installing operations, in such a manner that the public is not unnecessarily inconvenienced nor a
hazard to public safety created. Any specific limitation in the technical specifications referring to
the control of the "follow-up" operations, such as the minimum distance of unfilled trench allowed
behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S
representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to
such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public safety is
created. The CONTRACTOR, upon notification by the OWNER or OWNER'S representative
shall make necessary changes to his forces and/or equipment.
SC-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
Supplementary Condidoms 2 of 10
u
•
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 inspector, to
secure the completion of the various portions of the work in general harmony. CONTRACTOR
shall issue work schedules in conflicting areas as requested by the OWNER or his resident
inspector.
SC-16 STORAGE OF MATERIALS AND EOM• 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 Ul'ILITY 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 workmen and shall be subject to the same requirements as to character,
competency, wages and hours. The OWNER will not recognize any subcontractor on the work.
The CONTRACTOR shall at all times, when the work is in
operation, be represented either in person or by a qualified superintendent or other designated
representative. A complete list of subcontractors must be submitted within ten (10) days after start -
UP.
SC49 PROTECTION OF EXISTING FACILITIES: The CONTRACTOR shall use
Supplementary Condltlons 3 of 10
construction equipment, labor, or techniques to insure that existing facilities such as but not limited
tD, 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 PROTECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER.
SC-22 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water
for construction and testing from the City of La Porte at his cost. A construction meter will be
provided at no cost to the CONTRACTOR for the duration of construction.
SC 23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all
existing facilities (i.e., lift stations, valves, fire hydrants) during construction.
SC-24 DELETION OF ARTICLES IN GENERAL CONDITIONS: Articles of the General
Conditions covering OWNER'S liability insurance, Sections 5.5 through 5.10, are hereby deleted
are not part of this Contract and is not required by the OWNER.
SC-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
Automobile Liability
Combined Single Limit
Excess Liability
Umbrella Each Occurrence
Each Aggregate
M off I�
M oil I�
off off 0�
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Supplementary Conditlons 4 of 10
Wdrker'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 (TWCC-81,
TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's work on the project has been completed and accepted by the OWNER.
Persons providing services on the project - includes all persons or entities 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 food/beverage 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
Supplementary Conditlons 5 of 10
0 •
(2) no later than seven (7) days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the Project and for one (1) year thereafter.
G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within ten (10) days after the contractor knew or should have known, of any
change that materially affects the provisions of coverage of any persons providing services
on the project.
H. The CONTRACTOR shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the Project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on the Project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amount and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the Project, for the duration of the Project;
(2) provide to the CONTRACTOR, prior to that person beginning work on the
Project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the Project, for the duration of the
Project;
(3) provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown
on the current certificate ends during the duration of the Project;
(4) obtain from each other person with whom it contracts, and provide the
CONTRACTOR:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate ends during the duration of the Project.
Supplementary CondlUons 6 of 10
(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
Supplementary Condrdons 7 of 10
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 (loth) day of the month, the
CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a
statement showing as completely as practicable the total value of the work done by the
CONTRACTOR up to and including the last day of the preceding month; said statement shall also
include the value of all sound materials delivered on the site of the work that are to be fabricated
Supplementary Conditlons 8 of 10
0 •
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 Mgy, 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 PREVAUJ NG WAGES: The CONTRACTOR and his subcontractors shall expressly
comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, "The
Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage
for the Harris County area as attached at the end of these supplementary conditions shall be paid for
labor which is employed by the CONTRACTOR and his subcontractors for execution of this
contract. The CONTRACTOR and his subcontractors shall keep accurate records of the names,
wage classifications, and hourly wages paid to each worker employed on this project. These
records shall be open to inspection by the OWNER. See Exhibit "A" for Prevailing Wage Rate
Determination.
Supplementary Condilnons 9 of 10
SC 29 CONTRACT INTERPRETATION AND WORK ACCEPTABIIITY• 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 DLSPUTE RESQLUTION The parties will attempt in good faith to resolve any
controversy or claim (other than matters described in the immediately preceding paragraph) arising
out of or relating to this agreement promptly by negotiation between senior executives of the parties
who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days after
receipt of said notice, the receiving party shall submit to the other a written response. The notice
and response shall include (a) a statement of each parry's position and a summary of the evidence
and arguments supporting its position, and (b) the name and title of the executive who will
represent that party. The executive shall meet at a mutually acceptable time and place within
twenty days of the date of the disputing parry's notice and thereafter as often as they reasonably
deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior
executives, the parties shall endeavor to settle the dispute by mediation under the Construction
Industry Mediation Rules of the American Arbitration Association.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days
of the commencement of such procedure, (which period may be extended by mutual agreement), or
if either party will not participate in such procedure, the controversy shall be settled by arbitration
in accordance with "American Arbitration Association Construction Industry Arbitration Rules" by
a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.0
& 1-16, and judgement upon the award rendered by the Arbitrator may be entered by any court
having jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not
empowered to award damages in excess of actual damages, including punitive damages.
Supplementary Conditions 10 of 10
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$17.14
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$19.14
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92/wo 14:30 5PMC-'FCSM FRX *-463-3366 686
caw nsCxSXOg T=60048 a3/15/96 Tx48
=s'i Decision Number =060048
Superseded General Decision No. TX350048
State: TEMS
Canatruction Type:
HIGMY
County Iies)s
BRA.ZORIA srumxs ORAIHGB
Y= B ND 0277ERSON IGUJ i
GALY85'rCN LZBffii'i'7C
i aw= �10SQi'GOMERY
I3mmay CMMTIU=xm PROJECTS (exclu&ag tunnels. building
st-%=tares fla meat area projects, and railroad aoastructioas
bascule, suspension & spantrel arch bridgest bridges designed fo
commercial navigation; bridges i=volving marine constractian;
other naJ cr bridges)
Modification Number Publication Date
0 03/15/1996
COU�tTY (i es) .
BRAZORIA HAMS ORANGE
FORT BEND JE1rz=SCN WALLER
GALVESTON LIBlz=
HARD= 4t3DEERY .
sirrx2045A U/1511991
Rates
AAA TOOL OPERATOR
$7.165
ASPHALT HEATER OPERATOR
8.125
AS22MT RAXER
7.772
ASPHALT SHOVELAER
7.250
BATC CM PLAAW WEIG M
9.669
BATT3R90ARD SHZTMX
9.805
C%"MFM
10.353
CONCRZ= F3=SH3R-PAVING
9.091
CONIL'%= F27TiSH3R-STRUC:ORES
9.199
CONCRETE RUBBER
8.694
SLECPRICIM
14.744
PnIENAN
14.250
PORN BUZZDER-STRVCTURLS
9.46
FORM Ln=-PAvniG & CURB
8.600
FORM SETT=-PAV=G & caJ m
8.144
F0301 S3ZTER-STRUCTUMS
8.339
LABORER-COMON
6.294
LABORER-U n.TTY
7.351
MANHOLE BUILDER
8.133
MECYAN=C
11.378
01:LE t
8.784
Pringes
14:31 SFGSCoFCSM FAX J�
887
SBRVICER
8.725
PA3NTSR-STFXCTMl33
12.066
PZZ.EDRIVER
10.000
PIP8 LAMM
7.781
BLASTER
8.000
ASPHALT DIS°IItI8UT0R OP�R
8.320
ASPHALT PAVING mAcmmm OPERATOR
9.431
BROCX OR SWEEPER OPERATOR
7.911
BOLLDO?.3R, ISO up & L83s
9.019
2=a=ZZR, OVER 150 11P
9.730
CONCRETE PAVING COMING WWXXXX
8.727
coxcm Ts P8vn4G Pn4I3EaNO blACHM
9.702
CITE PAvniv FORM G Nm
8.406
CONCRB'1'8 PAVING GiRmuSR
8.814
CONCRETE PAVING JOnlP iauECOvS
9.126
C@tC23T3 phvngG QOn" 88ALRA
9.843
CONC3 z= PAVING rLOAT
9.300
CONCRETE PAVaiG eAW
8.956
ccman STE PXvnm SPREADER
9.000
PAVING SOB -GRADER
8.663
SLIPFORM MUM= OPERATOR
8,000
CRANE, C LNE98EL L, BACMWZ,
DERRICK, DRAGLnm, 5nam
,LESS THAN •1 1/2 C.Y.
10.140
C.�AAi 4 CI L, libc=. 0E,
DERRICK, DRAIGLm l SHOVEL
1 1/2 C.T. AND OVER
10.685
CRUSHER OR SCREMWMG PLAXT
OPERATOR
9.071
FOMMATION DRnZ OPZ ATOR
CRAILaR Nomazo
11.959
FOV=ATXON DRILL OPERATOR
T.IR0 3/OVI2=
10.429
FRONT MW LOADER 2 1/2
C.Y. a Lus
8.173
FRONT MW LOAD= OVER 2 1/2
C.Y.
8.888
HOIST - DOUSL3 MW
14.000
mILLIM MACHnTS OPERATOR
0.813
N=tm (ovmt 16 C. P. )
9.350
M=CF.R (16 C.P. A LESS)
7.938
MIX X-CONCREM PAVMM
7.750
MOTOR G mzR OPERATOR
F3213 GRADE
10.462
MOTOR GRADS OPERATOR
9.617
PAVFXm" RARX=QG MACdMIE
6.294
PLu1N33R OPMATOR
9.500
PVC CREM-11
12.101
ROLLER, STmm Wam PLANT
Msi PAITmcmil: 5
0.136
ROLLER, ST=o ESL 0:'a..ER
P . ' OR T.V4'=G
7.607
ROLLER, P-MUMAT'IC, SHL? PROP3LLSJ
7.252
82,12V 14:32 SPESC/FC91 FAX 336a'
Me
SCRAPM-17 C.Y. & LZSS
SCRAM-OVSR 17 C.Y.
SIDE BWK
TRACTOR -MA I�9Lc'3i TIPS ISO BP
& r.B�S
TRACTOR-CRBILffii TYPE CVWL
ISO HP
TRACTOR-PNBGMATIC 80 HP is LZS3
TRACTOR-PNZ MATZC 0V3X 80 8P
TRAVELING M33MR
29kCH3 rs-L1XW
TR=C83NG -nmy
MGCN DRILL, BMUM MACa333 Mc
POST RMS DRrr.r.nw
RE320=3NG STSEL SXTTZR PAVIND
RzxxvO nm STEEL SL'i'TSR
ST WCMMS
ST::EL IIDR1C3t8-STRVCrDRAL
SIGN 888CTOR
SPREADER BOA OPEtATmt
BARRICADE 5BRVICZ1t ZONE WMtX
210UWTSD SIM INSTALL= PBRIGUqBw
*ROM
72= DRIVFs7i-SL' f= A7Q+3 LZGST
TRGCC DRIM-SIIMME ASLM i=VY
TSVC; DRIVM-TANDEM A= 33MI
TRAIZSR
TRUCC DRI4Mt-LC BOZ/FLOAT
TR= DRIVER -TRANSIT MIa
TRACC DRIVER-WXN=
WELDER
7.944
8.368
7.708
8.122
9.303
7.372
0.000
5.893
9.00d
10.000
7.750
11.701
10.165
10.350
8.193
9.000
6.294
6.294
7.445
8.018
7,744
9.467
8.040
8.500
9.792
Unlisted classifications needed for work not included vithia
the scope of the classifications listed may be added after
award only as provided in the labor standards cant --act clauses
(29 CFR 5.5 (a) (1) (v) ) .
----------------------------------------------------------------
In the listing above, the •SU" desigaatioa means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. other designations
indicate unions whose rates have been determined to be
Prevailing.
END CF GAL DECISION
0
REOAT FOR CITY COUNCIL AGENDA SM
Agenda Date Requested: January 11, 1999
Requested.By: S. Gillett epartment: Public Works
Report Resclution XXX Ordinance
Exhibits: Ordinance No. 99-2305
Proposal and Agreement for Engineering Services
Project Descriptions and Location Maps
SUMMARY & RECOMMENDATION
The 1999-99 Utility Capital Improvement Fund includes three (3) waterline replacement projects - 1,000 feet of 8" waterline
and sidewalk along Antrim, 3,000 feet of 8" waterline on Park Street betwom San Jacinto and Oak Grove, and 150 feet of 8"
waterline along Valley View at the FIN Harris County Flood Control channel. The estimated construction costs total
$313,188.70. A total of $377,000 is budgeted for the design and construction oftbis Project.
The firm of Claunch and Miller, Inc. was selected to submit a proposal for professional engineering services for the
Project, due to similar experience with the design of waterline and sidewalk replacement on Farrington Blvd. and Old
Orchard. The Proposal is as follows (all fees are lump sum):
Engineering Services
Preliminary Engineering Phase $ 7,000.00
Final Design Phase 21,355.00
Construction Phase 5,000.00
Special Services (subcontract)
Survey 7,535.00
Geotechnical 1,045.00
Total Engineering Services $41,935.00
The Agreement also establishes fees for construction observation and additional services. These services will not be
provided unless requested by the City of La Porte.
Action Required by Council: Approve Ordinance No. 99-2305 authorizing the City Manager to execute an agreement with
Claunch & Miller, Inc. to provide professional engineering services for waterline replacement in the amount of $41,935.00.
Availability of Funds:
General Fund_ Water/Wastewater
XX Capital Improvement Other
Account Number: U�'t r_CIP Fund (Fund 03� Funds Available: XX YES _ NO
Anuroved for City Council Agenda
43,.,k L • �cM.e^a- i - -t -rl`1
Robert T. Herrera Date
City Manager
ORDINANCE NO. 99- 2305
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND CLAUNCH & MILLER, INC., TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR WATERLINE REPLACEMENT;
APPROPRIATING $41,935.00, TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section to 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 not to exceed
$41,935.00 from the Utility Capital Improvement Fund No. 3 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 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.
NO. 99- 2305
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of January, 1999.
CITY OF LA PORTE
By: /..ILI
N r an -L. Ma on ,
Mayor
ATTEST:
(-,nI M& Vl-
AA�
rtha A. Gillett,
City Secretary
APP OVED':
CSC/• ,
nox W. Askins,
City Attorney
0 0 COPY
ORDINANCE NO. 99-2305
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND CLAUNCH & MILLER, INC., TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR WATERLINE REPLACEMENT;
APPROPRIATING $41,935.00, TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents. City Council appropriates the sum not to exceed
$41,935.00 from the Utility Capital Improvement Fund No. 3 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 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.
•
ORDINANCE NO. 99- 2305 PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this lath day of January, 1999.
CITY OF LA PORTE
By:
N r an L . Ma on ,
Mayor
ATTEST:
a�m&.
P
ha A. Gillett,
City Secretary
APP
OVER-
nox W. Askins,
City Attorney
•
9d CLAUNCH & MILLER, INC.
Engineering Consultants
ATTACHMENT "A"
January 7, 1999
Mr. Steve Gillett
Director of Public Works
P.O. Box 1115
LaPorte, TX 77572-1115
RE: Engineering Services for Waterline Improvements
on Antrim, Park Drive and Valley View and F101 Ditch Drive
Dear Mr. Gillett:
Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for providing engineering services on
the above referenced project.
DESCRIPTION OF PROJECT
The project consists of waterline improvements in three (3) separate locations.
Antrim - This improvement includes the replacement of an existing 6" waterline with a new 8"
waterline along Antrim Street from Farrington Blvd. to Piney Brook Drive (approximately 1,000
L.F.). This project also includes the replacement of all of the existing sidewalk on the north side
of Antrim for this segment.
Park Drive- This improvement involves the replacement of an existing 6" waterline with an 8"
waterline along park Drive from San Jacinto to Oak Grove (approximately 3000 L.F.).
Valley View & F101 Ditch - This improvement involves the replacement of an existing 8"
waterline crossing Harris County Flood Control District F101-00-00 at Valley View. This
involves replacing the line utilizing a bridge attachment across the planned cross section of the
F101 ditch.
The preliminary estimated construction cost for the improvements is $313,188.70.
Page 1 of 6
3701 Kirby Drive, Suite 860 - Houston, Texas 77098 - (713) 524-7113
SCOPE
The scope of engineering services is as follows:
Survey Services
• Provide survey services on each of the project sites suitable for design.
• Vertical elevation information on all three project sites will be based on an assumed
datum.
Geotechnical Service
• Provide a geotechnical report presenting an investigation of the soils at the Autrium and
Park Drive portions of the project. Geotechnical work will not be obtained at the other
location.
• The geotechnical report will provide usual and customary information on the existing
soil. It will include bedding and backfill recommendations, trench safety information.
The report will be based upon information obtained from one boring along Antrim and
two along Park Drive. Each boring will be approximately seven (7) feet deep.
PRELIMINARY ENGINEERING PHASE
• Research existing utilities in the project area.
• Determine a recommended alignment for the new waterline
• Determine construction method and/or scheduling to minimize disruption of water service to the
community.
• Take photographs of all sites including all driveways.
• Prepare estimated construction costs for the project.
• Develop a project schedule.
• Prepare a letter report presenting the findings, estimated costs, and schedules for the work.
DESIGN ENGINEERING PHASE
• Prepare detailed plan and profile drawings of the final design as presented in the preliminary
engineering report. These plans will be at a scale of 1" = 20' horizontal and 1" = 2' vertical.
Page 2of 6
• Prepare contract specifications suitable for bidding.
• Prepare an update of the construction cost based on the final design.
• Furnish five (5) sets of construction documents to the City of La Porte.
CONSTRUCTION ADMINISTRATION PHASE
• Assist the City in obtaining bids for the Project.
• Dispense construction documents from CMI's office to potential bidders.
• During the bidding process, provide information to and answer questions from potential bidders
concerning the Project's construction documents.
• Evaluate the bids and the qualifications of the apparent low bidder and advise the City as to the
acceptability of the apparent low bidder.
• Act as the City's Project representative during the construction phase.
• Review and respond accordingly to all submittals as required by the contract specifications.
• Consult and advise the City; issue all instructions to the Contractor requested by the City; and
prepare and issue, as required, change orders with the City's approval.
• Review the contractor's pay estimates, evaluate the completion of work and make payment
recommendations to the City.
• Visit the site at intervals appropriate to the various stages of construction to observe the progress
and quality of executed work and to determine in general if such work is proceeding in
accordance with the Contract Documents. Such site visits are intended to be periodic in nature
and are not intended to be full time site representation.
• Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by the Contractor(s) or the safety precautions
and programs incident to the work of the Contractor(s). CMI's effort will be directed toward
providing a greater degree of confidence for the City of La Porte that the completed work of
Contractor(s) will conform to the Contract Documents, but CMI will not be responsible for the
failure of Contractor(s) to perform the work in accordance with the Contract Documents.
• Conduct a final inspection of the project upon completion of the construction. Prepare a punch
list of items to be completed by the contractor prior to final payment. Verify that the punch list
items have been addressed to the City's satisfaction prior to final payment.
Page 3of 6
• Prepare a recommendation for Final Payment.
• Provide as -built drawings based on contractor's redlines.
CONSTRUCTION OBSERVATION (IF REQUESTED BY THE CITYI
• Provide a Project representative to observe and monitor the progress and quality of the work by
the Contractor.
• Provide daily reports on the status of the construction.
• Take color photographs of the Project's site prior to construction.
• Participate in the processing of submittals and change orders and the issuance of instructions as
required by the City.
• By providing a project representative, Claunch & Miller, Inc. (CMI) will not be responsible for
construction means, methods, techniques, sequences or procedures or for safety precautions or
programs, or for Contractor(s) failure to perform their work in accordance with the Contract
Documents.
ADDITIONAL SERVICES
• "Additional Services" shall only be performed when directed by the City to CMI. These services
are not considered normal or customary engineering services.
• Services resulting from significant changes in the extent of the Project or its design including but
not limited to changes in size, complexity, the City's schedule, or character of construction or
method of financing; and revising previously accepted studies, reports design documents or
Contract Documents when such revisions are due to causes beyond CMI's control.
• Preparing documents for alternate bids requested by the City or documents for out of sequence
work.
• Preparing to serve or serving as a consultant or witness for the City in any litigation, public
hearing or other legal or administrative proceeding involving the Project.
• Additional or extended services during construction made necessary by (1) work damaged by fire
or other cause during construction, (2) a significant amoynt of defective or neglected work of
Contractor(s), (3) prolongation of the construction contract time, (4) acceleration of the progress
schedule involving services beyond normal working hours and (5) default of contractor
CMI will endeavor to apprise the City of any potential additional or extended services which may
result from the above listed 5 items, prior to CMI's expenditure of time on such services. As
Page 4of 6
previously noted, any such extended or additional services shall only be performed when directed
by the City to CMI.
• Additional services not otherwise provided for in the scope of services.
FEE
Survey Services
Claunch & Miller, Inc.'s fee for the field survey services is the lump sum amount of:
$7,535.00
Geotechnical Services
Claunch & Miller, Inc.'s fee for the geotechnical services is the lump sum amount of: $1,045.00
Preliminaa Engineering Phase
Claunch & Miller, Inc.'s fee for the preliminary engineering phase is the lump sum amount of
$7,000.00
Final Design Phase
Claunch and Miller, Inc. will perform the Final Design Phase for the Lump Sum amount of:
$21,355.00
Construction Administration Phase
Claunch and Miller, Inc. will perform the Construction Administration Phase for the Lump Sum amount
of:
$5,000.00
TOTAL $41,935.00
Construction Observation
Claunch & Miller, Inc.'s fee for a site representative to provide the construction observation services
shall be at an hourly rate of $ 55 per hour plus; $18.50 per day for vehicle expenses (includes vehicle
expenses, mileage, gas, etc. for site representative only) and project costs plus 10%. Other labor charges
such as office support services for the site representative will be billed at direct labor cost times a factor
of 2.99. CMI will not proceed with construction observation services until a budget has been established
for such services and authorization has been received from the City of La Porte.
Page 5of 6
Additional Services
Additional services beyond those described in the Scope of Services will be invoiced on the basis of
direct labor cost times a factor of 2.99 and direct cost plus 10%.
FEESCHEDULE
Claunch & Miller, Inc. will submit monthly progress invoices for all engineering work completed to
invoice date. The invoices would be based on a percentage of completion of each phase applied to the
lump sum fee.
Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and to continue working for
the City of LaPorte.
Sincerely,
CLAUNCH & MILLER, INC.
James E. Thompson, P.E.
Senior Project Manager
JET/mld
Page 6of 6
AGREEMENT FOR SERVICES
This Agreement entered into as of the LLk: day of l , A.D.,, by and
between Claunch & Miller, Inc. hereinafter referred to as the "Consultant", and the City of La Porte, Texas,
hereinafter referred to as the "Client".
WITNESSETH
WHEREAS, the Client has requested various services of the Consultant with respect
to engineering design and preparation of contract documents for the construction of the proposed waterline
improvements (hereinafter referred to as the Project).
NOW, THEREFORE, Client and Consultant hereby agrees as follows:
1. Engagement of Consultant - Consultant hereby agrees to perform the services
required under the scope of services related to the Project, and to provide Client with copies of the
information, opinions, design calculations and contract documents made the basis of the scope of the
services, which is set out in Attachment "A" and made a part of this contract. Consultant agrees to initiate
services upon receipt of an executed copy of this Agreement.
2. Availability of Information - Client agrees to provide Consultant with all
available information pertinent to the Project. Client will also provide copies of reports, drawings, and other
data, and will, at Consultant's request, provide written authorization to review Client's files relative to the
Project which may be in possession of third parties. Consultant agrees to return all original documents to
Client upon completion of the Project, but reserves the right to make and keep reproducible copies of all
such material.
-i-
0 •
3. Access to Facilities - Client will provide access for the Consultant to enter the
property and facilities of Client, as necessary for Consultant to perform services as required under the
Project.
4. Instruments of Service - All documents prepared in accordance with this contract
including exhibits, field notes, laboratory data, original drawings, and specifications are the property of the
Client. The Consultant is given the right to use any of this data in connection with future engineering
projects. The Consultant may retain copies or reproducibles of any information prepared for this Project.
5. Determination of Fees - The fees for the scope of services as stated in
Attachment "A" provided by Consultant under this agreement will be based on a Lump Sum Amount of $.
6. Payment and Fee Schedule - The Consultant will submit a monthly invoice for
services rendered. The invoice will be based upon the Consultant's estimate of the proportion of the total
services actually completed at the time of the invoice. Services will be invoiced using the following fee
schedule:
Phase I - Preliminary: $ 7,000.00
Phase II - Final Design: $ 21,355.00
Phase III - Construction Administration: $ 5,000.00
Survey Services: $ 7,535.00
Geotechnical Services: $ 1,045.00
7. Terms of Payment - Payment of fees as determined under Paragraph 5 herein
above shall be due and payable by Client within thirty (30) days following receipt of Consultant's monthly
invoice.
0 •
8. Additional Services - Additional services beyond those described in the Scope
of Services will be invoiced on the basis of direct labor cost times a factor of 2.99 and direct cost plus 10%.
9. Termination - The Client may terminate this contract at any time by giving seven
(7) days' notice in writing to the Consultant. In that case, all finished or unfinished documents and other
materials produced under this contract, shall become the Client's property. If the contract is terminated by
the Client in accordance with this provision, Consultant shall be paid for all services performed to the date
of termination. Consultant may terminate this contract upon seven days' written notice in the event of
substantial failure by the Client to perform in accordance with the terms hereof through no fault of the
Consultant.
10. Governing,, Law - This Agreement shall be deemed to have been made under, and
shall be construed and interpreted in accordance with the laws of the State of Texas. The venue of any suit
for enforcement or construction of this contract shall be in Harris County, Texas.
11. Dispute Resolution - The parties will attempt in good faith to resolve any
controversy or claim arising out of or relating to this agreement promptly by negotiation between senior
executives of the parties who have authority to settle the controversy.
The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of
said notice, the receiving party shall submit to the other a written response. The notice and response shall
include (a) a statement of each parry's position and a summary of the evidence and arguments supporting
its position, and (b) the name and title of the executive who will represent that party. The executive shall
meet at a mutually acceptable time and place within twenty days of the date of the disputing parry's notice
and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt
to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives,
the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules
of the American Arbitration Association.
If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days of the
commencement of such procedure, (which period may be extended by mutual agreement), or if either party
will not participate in such procedure, the controversy shall be settled by arbitration in accordance with
"American Arbitration Association Construction Industry Arbitration Rules" by a sole arbitrator. The
arbitration shall be governed by the United States Arbitration Act, 9 U.S.0 & 1-16, and judgment upon
award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. The place of
arbitration shall be Harris County. The arbitrator is not empowered to award damages in excess of actual
damages, including punitive damages.
-iv-
0 •
ATTEST:
Ell
ENTERED INTO AND AGREED by the parties hereto as the day and year first written.
CLAUNCH & MILLER, INC.
Consultant
BY:
6v--
CHRISTOPHER EtLAUNCH, P.E.
President
CITY OF LA PORTE, TEXAS
Client
-v-
CCC
LaPorte: aterline Improvements 1999
SCHEDULE OF UNIT PRICE WORK
PRELIMINARY COST ESTIMATE - 12/17/98
BASE UNIT PRICES FOR:
ITEM
No.
ITEM DESCRIPTION
UNIT
QTY.
UNIT PRICE IN
FIGURES
TOTAL IN
FIGURES
Antrim
WATER:
1
8" PVC Open Cut
L.F.
950
$ 40.00
$ 38,000.00
2
8" PVC Auger
L.F.
65
$ 55.00
$ 3,575.00
3
Fire Hydrants
Each
3
$ 1,900.00
$ 5,700.00
4
6" F.H. Leads
Each
18
$ 30.00
$ 540.00
5
12" x 8" T.S. & V.
Each
1
$ 1,800.00
$ 1,800.00
6
8" Wet Connection
Each
1
$ 1,200.00
$ 1,200.00
7
8" Cut and Plug
Each
2
$ 900.00
$ 1,800.00
8
Remove and Salvage Fire Hydrant &
Each
2
$ 500.00
$ 1,000.00
Valve
9
Trench Safety
L.F.
950
$ 2.00
$ 1,900.00
10
Short Service
Each
10
$ 475.00
$ 4,750.00
11
Long Service
Each
10
$ 475.00
$ 4,750.00
TOTAL
$ 65,015.00
SIDEWALK AND DRIVEWAYS:
12
Remove & Replace Sidewalk
S.F.
3,600
$ 4.50
$ 16,200.00
13
Remove & Replace Driveway
S.F.
1,300
$ 4.75
$ 6,175.00
TOTAL
$ 22,375.00
MISC. EXTRA WORK:
14
Extra Bank Sand
C.Y.
50
$ 15.00
$ 750.00
15
Extra Concrete
C.Y.
5
$ 10.00
$ 50.00
16
Misc. Extra
-
-
15% of Total
$ 13,228.50
TOTAL
$ 14,028.50
ANTRIM TOTAL
$101 418.50
—Za orte�Waterline Improvements 1999
SCHEDULE OF UNIT PRICE WORK
PRELIMINARY COST ESTIMATE - 12/17/98
BASE UNIT PRICES FOR:
ITEM
No.
ITEM DESCRIPTION
UNIT
QTY.
UN1T PRICE IN
FIGURES
TOTAL IN
FIGURES
Park Drive
WATER:
1
8" PVC Open Cut
L.F.
2,800
$ 35.00
$ 98,000.00
2
8" PVC Auger
L.F.
420
$ 55.00
$ 23,100.00
3
Fire Hydrants
Each
7
$ 1,900.00
$ 13,300.00
4
6" F.H. Leads
Each
42
$ 19.00
$ 798.00
5
8" x 8" T.S. & V.
Each
1
$ 1,800.00
$ 1,800.00
6
8" Wet Connection
Each
1
$ 1,200.00
$ 1,200.00
7
6" x 8" T.S. & V.
Each
7
$ 1,500.00
$ 10,500.00
8
8" Cut and Plug
Each
2
$ 900.00
$ 1,800.00
9
8" Temporary Plugs
Each
2
$ 500.00
$ 1,000.00
10
Remove and Salvage Fire Hydrant &
Each
3
$ 500.00
$ 1,500.00
Valve
11
Trench Safety
L.F.
2,800
$ 2.00
$ 5,600.00
12
Long or Short Service
Each
10
$ 475.00
$ 4,750.00
TOTAL
$163,348.00
MISC. EXTRA WORK:
14
Extra Bank Sand
C.Y.
50
$ 15.00
$ 750.0
15
Extra Concrete
C.Y.
5
$ 10.00
$ 50.00
16
Misc. Extra
-
-
15% of Total
$ 24,622.20
TOTAL
$ 25,422.20
PARK DRIVE TOTAL
$188 770.2
L-aPorte: Waterline Improvements 1999
SCHEDULE OF UNIT PRICE WORK
PRELIMINARY COST ESTIMATE - 12/17/98
BASE UNIT PRICES FOR:
ITEM
No.
ITEM DESCRIPTION
UNIT
QTY.
UNIT PRICE IN
FIGURES
TOTAL IN
FIGURES
Valley View @ F-101 Ditch
WATER:
1
Steel Waterline
L.F.
150
$ 100.00
$ 15,000.00
2
Brackets/Bridge Attachment
L.S.
1
$ 5,000.00
$ 5,000.00
3
Misc. Extras
-
-
15% of Total
$ 3,000.00
TOTAL
1
$ 23,000.00
PROJECT TOTAL $313,188.70
QUEST FOR CITY COUNCIL AGENDVITEM
AGENDA DATE January 11, 1999 REQUESTED BY Robert T. Herrera, City Manager
XX REPORT; _RESOLUTION; ORDINANCE;
To enhance the personnel administration of the Police Department and to start up a shift
differential pay program, their Budget needs to be increased by $95,750. Each year, the City
budgets a Contingency Account in the General Fund. For fiscal year 1998-99, the budget
contingency is $300,000. In lieu of amending the overall budget, I propose a transfer of
budgeted funds be made from the General Fund Contingency Account.
ACTION REQUIRED BY COUNCIL:
Instruct City Manager to utilize $95,750 of the General Fund Contingency Account to cover
changes in the Police Department Budget.
FUND N/A ACCT NUM:
APPROVED FOR CIZY COUNCIL AGENDA
GJMA 1 • �4R-cl�
ROBERT T. HERRERA, CITY MANAGER
FUNDS AVAILABLE:
t --I-gl
DATE
0 0
0
REO FOR CITY COUNCIL AGENDA I&
Agenda Date Requested: January 11,1999
Requested By: S. Gillett4epartment: Public Works
XXX Report Resolution Ordinance
Exhibits: Bid Tabulation and Bidder's List
SUMMARY & RECOMMENDATION
Sealed bids were received on December 28, 1998 for the replacement of a trash truck, complete with dump
body. Although not scheduled for replacement for two (2) years, this vehicle was damaged in an accident on
August 21, 1998. Repair estimates exceed $30,000, and include replacement of the engine and transmission.
Bids were solicited from H-GAC for a new 2-'/s ton cab and chassis, for a total of $44,386.00. It is estimated
that the cost to repaint and mount the existing body and dumping mechanism, as well as replace the front -
mounted PTO, will cost an additional $15,000.00, for a total estimated cost of $59,386.00.
Bids were sent to six (6) vendors, with two (2) returning bids. Low bid was submitted by Olympic Truck
Sales in the amount of $58,669.81. It is recommended that the City replace the entire truck rather than buy a
cab and chassis and retrofit the existing dump body.
The City insures equipment with a replacement value of more than $40,000, at actual cash value, with a
$25,000 deductible. The actual cash value of the vehicle, in good condition, is $15,000, which is less than the
deductible. A total of $36,542.00 is available in the Vehicle Replacement Fund to replace this vehicle. The
additional $22,127.81 needed is available in the Vehicle Replacement Fund. This additional amount will be
repaid to the Fund through future lease fees.
Action Required by Council: Award the bid for the replacement of a trash truck with dumping body to Olympic
Truck Sales in the amount of $58,669.81 and appropriate the funds from the Motor Pool Replacement Fund.
Availability of Funds:
_ General Fund_ Water/Wastewater
Capital Improvement XX Other
Account Number. Vehicle Replacement Fund (Fund 009) Funds Available: X YES _ NO
BID TABULATION
TRASH TRUCK
DESCRIPTION
QTY
OLYMPIC
TRUCK SALES
HOUSTON
FREIGHTLINER
HOUSTON
FREIGHTLINER
TRASH TRUCK
1
$58,669.81
$62,445.00
Alternate
$63,000.00
MODEL
IH 4700
2000 FL-701
1999 FL-70
DELIVERY 1
1 180 - 210 Days 1
210 Days 1
45 Days
BAYOU CITY FORD
3625 EASTEX FREEWAY
HOUSTON, TX 77026
KNAPP CHEVROLET
815 HOUSTON
HOUSTON, TX 77017
"OLYMPIC INTERNATIONAL TRUCKS
8900 NORTH LOOP EAST
HOUSTON, TX 77029
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BIDDER'S LIST
TRASH TRUCK
SEALED BID #0763
HOUSTON FREIGHTLINER INC
9550 NORTH LOOP EAST
HOUSTON, TX 77029
LONE STAR TRUCK CENTER
6200 NORTH LOOP EAST
HOUSTON, TX 77026
TOMMIE VAUGHN FORD
1145 N SHEPHERD
HOUSTON, TX 77008
BAYSHORE PUBLISH DATES:
DECEMBER 13, 1998
DECEMBER 20, 1998
IV
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Requested By:
XX Report
Exhibits:
Parks & Recreation
Resolution / Ordinance
1. Sealed Bid #0762 Fencing Project at Little Cedar Bayou Park -
Rebid
2. Bid Tabulations & Bidder's List
SUMMARY & RECOMMENDATION
The City of La Porte requested formal bids for installation of fencing, dugouts, and
batting cages to prepare the softball fields at Little Cedar Bayou Park for use by Girl's
Softball, as approved in the FY1998-99 capital improvement budget. Bid requests were
mailed to seven vendors. Four (4) vendors returned bids for the project; the bids were
opened on January 4, 1999. After review, it was determined that the low bidder meeting
specifications for the project was Brooks Concrete with a bid of Thirty Five Thousand Two
Hundred Fifty-nine Dollars and Fifty-three Cents ($35,259.53). There are sufficient funds
in the budgeted Capital Improvement Fund for this project.
The length of the project is anticipated to be +/- 45 days; there is a built-in hold for
the portion involving Field #3 to allow the electrical contractor to complete his work
lighting Field #3 prior to the completion of this fencing project.
Staff Recommendation:
Staff recommends that the bid submitted by Brooks Concrete be accepted as low
bidder meeting specifications for this project.
Action Required by Council:
Consider award of contract to Brooks Concrete to provide fencing, dugouts, and
batting cages for the three softball fields at Little Cedar Bayou Park.
Availability of Funds:
General Fund
XX Capital Improvement
N/A
Water/Wastewater
General Revenue Sharing
Account Number: 015-9892-773-1100 Funds Available: XX YES NO
Approved for City Council Agenda
Robert T. Herrera
City Manager
� --I IV\
Date
0 •
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
JANUARY 4, 1999
TO: STEPHEN BARR, DIRECTOR OF PARKS & RECREATION
FROM: SUSAN KELLEY, PURCHASING MANAGER,4167
SUBJ: SEALED BID #0762 — FENCING PROJECT AT LITTLE CEDAR BAYOU
PARK — REBID
Advertised, sealed bids #0762 — Fencing Project at Little Cedar Bayou Park — Rebid were
opened and read on January 4, 1999. Bid requests were mailed to seven (7) vendors
with four (4) returning bids.
Brooks Concrete submitted low bid meeting specifications. Copies of the bid are
attached for your review.
Please submit your recommendation with an agenda request form by the prescribed time
before the next regular council meeting. If there is a need to delay bringing this bid before
council, please notify me.
Attachment: Bid Tabulation
Bidder's List
Bid Copies
FENCING BID TABULATION
DESCRIPTION
BROOKS
CONCRETE
ASTRO FENCE
ARIES FENCE
FOSTER FENCE
FIELD #1
$7,699.71
$7,500.00
$9,870.00
$9,521.00
FIELD #2
$7,699.71
$7,500.00
$9,870.00
$9,521.00
FIELD #3
$7,699.71
$7,500.00
$9,870.00
$9,521.00
BATTING CAGES
$12,160.40
$20,000.00
$19,500.00
$20,420.00
BONDING
N/A
N/A
N/A
$1,225.00
TOTAL
$35,259.53
$42,500.00
$49,110.00
$50,208.00
0 9
BIDDER'S LIST
FENCING PROJECT AT LITTLE CEDAR BAYOU PARK - REBID
BID #0762
ASTRO FENCE COMPANY
P.O. BOX 7584
HOUSTON, TX 77270-7584
BROOKS FENCE COMPANY
4018 ALLEN GENOA
PASADENA, TX 77504
FOSTER FENCE CORPORATION
P.O. BOX 96116
HOUSTON, TX 77213-6116
JESSE FENCE COMPANY
12390 STATE HWY 249
HOUSTON, TX 77086
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE, TX 77572-0996
ARIES FENCE COMPANY
2418 DuPONT
PASADENA, TX 77503
DOW FENCE COMPANY
1802 PRESTON
PASADENA, TX 77503
HOUSTON FENCE
13300 MURPHY ROAD
STAFFORD, TX 77477
BAYSHORE SUN PUBLISH DATES:
DECEMBER 22, 1998
DECEMBER 27, 1998