The URL can be used to link to this page

R2006-013 01-23-06 RESOLUTION NO. R2006-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD WATER PLANT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the Magnolia Road Water Plant Project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Tank Builders, Inc., in the amount of $264,750.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Magnolia Road Water Plant Project. PASSED, APPROVED and ADOPTED this the .2_3XJt_ day of January A.D., 2006. __~ f)w TOM REID MAYOR ATTEST: APPROVED AS TO FORM: ~ -~ DA ~COKER CITY ATTORNEY DUNHAM ENGINEERING Water Tank Consultants 13141 Hill Rd. . College Station, TX 77845 · (979) 690-6555 · Mobile (979) 820-1648 · FAX (979) 690-7034 www.DunhamEngineering.com Bid Tabulation Sheet City of Pearl and, Texas Water Storage Tank Replacement Project Bids opened January 5,2006 @ 2:00 p.m. @ City office. Contractor Base Bid Amount Tank Builders -~q4r ~DO~ '2~ tj-,t $7) . Advance Tank AAR Inc. Smith Tank Fisher Tank Gemini Contracting ----r ~ \ ..~ t; A cL.t Y" \.\ ~ G'<,'~ ~ ~ Y' J-.-.l-.. ~y ~v_/-v'v-.)J , Jimmy D. Dunham, P.E. (~'" "'" ~ U 0/\..~ 2-08-2006 5:04PM FROM JIMMY D DUNHAM, P.E. 9796907034 P.3 DUNHAM ENGINEERING Wat$' Tank Consultants ,. 13141 Hill Rd. · College StlJ.tiou, TX 77845 . (979) 690-6555. Mobile (979) 820-164$ · FAX (979) 690.7034 www.DuWiamEngineering.com . February 8,2006 Tank Builders, Inc. Box 1527 Eulkess, Texas 76039 Attn: Bruce Kromer, P.E. Ref.: City of Pearl and, Texas - Magnolia Road Water Tank Replacement Projec~ A pre-construction meeting was held this date for the ref project. . A signed copy of the contract was provided to your representative. . . The following contract dates are established: ; o Start date is January 30,2006 and completion date is June 5, $006. . Please use PearIand Purchase Order Number 061160 on your invoicqs. . Finish color is Desert Sands. Please call with any questions. Sincerely, ~ r-->-/'~ Jimmy D. Dunham, P.E. CF: Bobby Whisenhunt, Pearland Water Superintendent 00e 0 0 N ->. r- -n:nc '"tI o :::!.1:J "t:l c.o 0- <D <D o:s:)>6;:tJ '< _ow lffiro- <. <" (')m-f 0 -0.. Q I , <D <D )>.. mz,- q- "'U...... ....., Ci3 -i }> :::::!Nmpm <D (f)~CJi 0.. 0.. Q) 0.. ooa"~ <1lC'l- Q ~~ cr ..-+ :::::l < 0 ^ Q) Zo N.. <1l C/l 0 '< (')0 iii S' OJ :::::l ~tg!'? OJ C") o~r-os C/l- -no C CD "'sOO)Q) --0 0.. ~iiliJ -i CD. (J)~~ i'i" g s: <D Q) - m(J"l-' ....., :::J C (J) ~. <1l <1l (J) ^ 0 Q) Qo ->. :::::l < '"tI - ~ 9 () m m (J"l 0 z Z - Q) 0 ..-+ :::::l 0 0) <D (J) 0 Z ....., ~ ;:0 Q -i C Q) C") :::::l ..... () ^ er ;:+ ;u :::J '< ~ () I 0 Q) Q) 3 C") "C () CD Q) 0 3 :::::l :::::l <D '< CD' :::::l 0 ..-+ Q) Ci3 n ..-+ :::::l cn- <D C") m-l <D :J>-< ->. ->. 0 ;u - - )> r-O (J"l 0' 0 - - -I 0 m" 0 0 m 3 C"tJ 0) 0) ;:0 m mm () -> m 0:;0 < m r-r- 0 0> G)Z c ~ ->. ->. -I 3 N 0 s: <D (J"l ...... m co w ;:0 "U )> m ~ ~ () m < m ~ 0 "tJ D) Q (Q CD ..... 0 - ..... c..... c..... ;:0 Q) Q) m :::::l :::1 <""2 CD <D 0 OJ ~ DUNHAM ENGINEERING Water Tank Consultants 13141 Hill Rd. . College Station, TX 77845 · (979) 690-6555 · Mobile (979) 820-1648 · FAX (979) 690-7034 www.DunhamEngineering.com January 30, 2006 City of Pearl and 3510 E. Orange Pearland, Texas 77581 Attn: Bobby Whisenhunt, Water System Superintendent Ref.: Magnolia Road Water Tank Replacement Project Enclosed please find four (4) copies of the ref. project contract documents. The ____ construction bonds are included and the contractor has signed the Agreement. Please have the Mayor sign the Agreement where indicated at the colored tabs. Do not date the Agreement or the Bonds. Please return all four (4) copies to our office. We will date the Bonds and Agreement and return two (2) copies to you at that time. The contractor is authorized to tear down the bolted steel tank at this time. A pre- construction conference will be scheduled prior to construction of the new tank. We look forward to working with you on this project and providing a quality product we can all be proud of. Please call if you have any questions. Sincerely, ~ /_.\) t '----G \ .~ ~ Jimmy D. Dunham, P.E. 1~ ~ -.I'" ACORD,.. CERTIFICATE OF liABILITY INSURANCE , OATE (MMIODiYYYYl i 1/27/2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION \'1m. Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Hain St~eet, Suite c-so HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Wo~th TX 76102 l NAIC '# (817) 1J::l0-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE - COVERAGES THE pOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHS I ANDING ANY REQUIREMeNT TERM OR CONDITION OF ANY CONTRACT O~ OTHER DoCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AF'FORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL TI.IE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS T~~: l~,'?,~~ TVD" I POLlCY NUMBI!R I pOLICY eFFeCTIIJE- POLICT EXPIRATION' JAN-~U-~UUb nUN Ul:J~ PM!'ank Sui Iders FAX NO. 8175100166 'I INSURED Tank Builde~O. Inc. I INSURER A: I INSURER B' : INSuRER C, Hartfo~d Insurance of Midwest HG~ttord Uncerwriters Inc. Athena Aijsurance Co. P.O. Box 1527 ~ulasB TX 1S033-1S27 INSURER 0: Twin City li'i..e Inau.anee co. INSURER E' 'r.a.....elera Llo de TnsuriU1c<el Co. LIMITS D GENERAL LIABILITY --:l COMMI;RCIAL CENERAL LIABILITY I ..U CLAIMS MADE W OCCUR ~, ""'''''-^',' cwo ~~' ,..I I I POLICY r X I P,:Ri I 11.0c ~OMOBILE LIABILITY ...!....I ANY AUTO ~ All OWNW AUTOS . _ SCHEDULED AUTOS X HIRED AUTOS Q NON.OWNEO AuTOS H EACH OCCURRENCE rnn.;;t;GE TO RENTED I PRE:MisES {1:a n(:r.l..r~ncol i. MED EX1" {Pony one oe",onJ 45CQ'I'0698 5/27/2005 5/27/200ti s S GENEAALAGGRGGATE $ I~,ODUCTS . COMP/OP A.IOG $ PERSONAL & AOV INJURY A 4tiUENQT0699 5/27/2005 5/27/2006 COM81NED SINGLE LIMIT (Ea ;lccldenl) IlODll Y INJURY (Per po,son) i BOOIL Y INJURY I (Per ecoldonl) _, PROPf;.RT1 DAMAGE {Pcr .<<Idenll I I I I /lUTO ONLY. EAACCID.E3.NT 1$ OTHER THIIN Ell ACC ~ AUTO ONLY: IIGG $ !;ACI'I OCCURRENCE I ~ AGGREGATF. t .-1 : rs-' I X I T~'i,~T~:,~;. i fOJ~' : E,L EACH ACCIDENT : $ EL OlSEASE . l::A EMf'LOYEEI ~ . F.,I.. DISEASE - POLICY LIMIT I $ , 1$1,250,000 Li.mit Anyone Jobaite : E....~GE lIABI~ITY I _I ANY AUTO EXCESS/UMBRELLA LIABiLiTY ~ OCCUR D CLAIMS MAOE P DEDUCTIBLE I X I RETENTION S l:'l ! WORKERS COMPiiNSATION ANO I EMP~oYERS' l.IABILlTY ANY PROPRIETORIPAIlTNL;R/EXECUTIVE OFFICER/MEMBER EXCwOE01 ~~rc,~t"~~c5~~~g'NS Delow OTHER C I Q&09100378 5/27/2005 5/2712006 to,OOO '16WEQTOli97 5/27/2005 5/:l7/200~ I I \ 0T66005H!i29S 4/1/2005 4/1/2005 E Builders Rick DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED Bv ENDO~Si!MENT I SPECIAL PRO~SION5 CERTIFICATE HOLDER CANCELLATION SHOULO AN'/' OF THE ABOVE DE5CRIBEO POL\t:IES BE CANCELLED BEFORE THE EXPIRI\ 110N I DATE THEREO~, nle ISSUING INSURER WILL ENOE-"\VOR TO MAlL ~ DAYS WRITTEN I NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE lEFT. BUT FAI1.URE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AN\' I<INO UPON THE INSURER, ITS AGENTS OR ItEI'RESENTATlVES. AUTHORIZeD RePReseNTATive City of .......l..nd 3519 Liberty Prive iQQ.~~n~ oX 77561 /~ I ACORD 25 (2001/08) P. 02 3H?S 30104 'U7li9 29459 ; 1,.Il.00,000 I 30Q,_000 10,00q._ l,,?-OQ,OOO 2,000,000 :/,000,000 I' '$ - I 1$ I I ir. 1,000,OOg,_ I 5,000,000 5,..00 Q, 000 1,OOO,~00 1,000,000 1,000,000 I I I I (S1 ACORD CORPORATION 1988 JAN-30-2006 MON 01:33 PM Tank Builders - -- FAX NO. 8175100166 IMPORTANT Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may required an endorsement. A statement on this certificate does not confer rights to the certificate holder in lien of such cndorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side ofth1s fonn does not constitute a contract between the issning insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. P. 03 Ib 31' IT i -__= DiTNHA1VI ENGINEERING Water Tank Consultants 11 7 1■ � 13141 Hill Rd. •• College' Station,'IX 77845 •• (979)690-6555 ••Mobile(979)820-1648 •FAX (979)690-7034 �I�, www.DunhamEngineering.com Ii (�,�; + Resolution 2006-13 ,,r `i I.✓J SPECIFICATIONS & CONTRACT DOCUMENTS ,, 7 CITY OF PEARLAND, TEXAS WATER STORAGE TANK REPLACEMENT @ MAGNOLIA ROA WA TER ATER PLANT (WATER WELL #7) , 7 CONSTRUCTION PROJECT 7. ......„ , r tE OF T%%%%% L_ ....,... ii 5: ,„: , • ............ , r i..JIMMY ..•pUN ..•, ro...;.• ..53........................... 22......�' . r 4.E.......................5. o�, .o:;2�i t4t�O;s•RFGlsTEik•av� .. --, Ili 7 . ! ►4-).„ c S- 7 DUNHAM ENGINEERING, Inc. 13141 HILL ROAD 7 COLLEGE STATION, TEXAS 77845 r , Ownership of Documents: This document and the ideas and designs incorporated herein, as an instrument ofPr.� professional service, is the property of Dunham Engineering, Inc. and is not to be used, in whole or in part for any project without the written authorization of Jimmy D. 7 Dunham,P.E. r L, TABLE OF CONTENTS 71' SECTION DESCRIPTION NUMBER I Notice to Bidders II Instructions to Bidders III Bidder's Proposal y IV Standard Form of Agreement V Bonds VI General Conditions VII Special Conditions VDT Technical Specifications Special Provision Section A-Ground Storage Tank DRAWINGS Maps PRk ` Site Plan&Details Engineer's Report of Inspection L r L r SECTION I L4 NOTICE TO CONTRACTORS RFB #2006-015 NOTICE TO BIDDERS OF THE INTENTION OF THE CITY OF PEARLAND, TEXAS -- TO AWARD A CONSTRUCTION CONTRACT FOR REPLACEMENT OF ONE • WATER TANK Sealed bids will be received from qualified Contractors addressed to the Office of the City Secretary, City of Pearland, City Hall 3r`i Floor, 3519 Liberty Drive, Pearland, Texas, 77581.. -. delivered to the same address until 2:00 p.m. January 5, 2 or hing all labor, materials and equipment for the work required for replacement of the water tank as listed in the specifications for the Water Storage Tank Replacement @ Magnolia Road Water Plant(Water Well #7) prepared by Dunham Engineering, Inc. Proposals will be publicly opened and read aloud at the address above at the same time and date. Any bid received after the above closing time will be returned unopened. The work consists of demolishing one water tank and constructing one water tank at the Magnolia Road Water Plant in Pearland,Texas. Bids shall be submitted in sealed envelopes upon the blank form of proposal furnished. Sealed envelopes shall be marked in the upper left hand corner as follows: "DO NOT OPEN IN MAIL ROOM' BID FOR CITY OF PEARLAND WATER TANK REPLACEMENT CONSTRUCTION PROJECT RFB #2006-015 TO BE OPENED: 2:00 p.m.January 5, 2006 All proposals shall be accompanied by a cashier's or certified check upon a national or state bank in the amount of 5% of the total bid amount,payable to City of Pearland, Texas or a bid bond in the same amount from a reliable surety company as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within fifteen(15) days after notice of award. Bids without check or bid bond will not be considered. L All payment and performance bonds must be issued by a surety licensed by the Texas Department of Insurance and must have a minimum Best Key Rating Guide of"A" or "A-". SECTION I-1 ram' The Contract will be awarded to the responsible bidder who, in the opinion of the Owner and Engineer, is best capable of performing the work. The evaluation shall be based on the contractor's previous work experience, available resources, knowledge of the work and bid price. The OWNER reserves the right to reject any or all bids and to waive any and all informalities in bidding. Plans and specifications are on file at the Engineer's office in College Station. Proposal forms and specifications be obtained from Dunham Engineering, Inc., 13141 Hill may Rd.,College Station,Texas 77845, Phone(979)690-6555,upon deposit of$75.00 per set. The amount of deposit will be refunded to each bidder who returns the documents in good condition within ten days after opening bids or any contractor who returns the documents in good condition before bids are opened. Deposits of Suppliers and subcontractors will not be refunded. Contractors who do not return plans before bid date or who do not bid forfeit the bid deposit. Bidders are expected to inspect the site of the work and to inform themselves of local conditions,and carefully examine the specifications and other documents. Should the bidder find discrepancies in, or omissions from the specifications or documents, or have a question regarding their meaning, bidder should at once notify Dunham Engineering, Inc. and obtain clarification prior to submitting any bid. The project site is located at Magnolia Road Water Plant in Pearland, Texas. Contact the City Superintendent @ 713-775-4064 to arrange a site visit and coordinate for the gate to be opened.The plant can be inspected during normal operating hours Monday -Friday from 8:00 a.m. to 4:00 p.m. r6i A pre-bid conference will not be held. Call the Engineer to ask any question pertaining to the project requirements. Contact the Engineer @ office phone#979-690-6555 or mobile phone#979-820-1648. 7.) END OF NOTICE TO CONTRACTORS SECTION I-2 �'j t r L L Section II Instructions to Bidders L r r r r L 1 C SECTION II INS!'RUCTIONS TO BIDDERS ` 1. PREPARATION AND SUBMISSION OF PROPOSAL Bids shall be prepared by filling in all the blank spaces of the proposal form, which is part of these documents. The proposal shall not be removed from the bound documents. The completed documents shall be returned with the bid. Bids may be rendered out of form and then subject to rejection by non- responsiveness by failure to supply all information indicated, or by making any limitation, condition or provisions: bids which are out of form are subject to rejection at the discretion of the Owner. Bids shall be submitted in sealed envelopes which are clearly identified with the name and address of the bidder and bearing a statement indicating the project on which the bid is submitted. A bidder may withdraw his proposal only by presenting a written statement to the effect prior to the closing time. The proposal shall be executed in ink in the 7- complete and correct name of the individual,firm, corporation, or combination thereof making the proposal and be signed by the person or persons authorized to legally bind the individual,firm,corporation or combination thereof. 2. EXAMINATION OF SITE "' Prior to submission of a proposal, the bidder shall have made a thorough �_ examination of the site of the work and of the plans and specifications, and shall become informed as to the location and nature of the proposed construction, labor conditions and all other matters including climate and wind conditions that may effect the cost and time of completion of the work upon which he bids. The submission of a bid by bidder shall be conclusive evidence that he has complied with these requirements. J 3. INTERPRETATION OF ESTIMATES OF QUANTITIES The quantities listed in the Proposal Form will be considered as approximate and will be used for the comparison of bids. Payments will be made to the contractor only for the actual quantities of work done or materials furnished in accordance with the contract The quantity of work to be done and materials to be furnished may be increased or decreased, as allowed by Texas law and provided in the General Provisions. 4. INTERPRETATION OF QUOTED PRICES In case of a difference between the written words and any figure in a proposal, the amount stated in writing will be computed as the bid amount SECTION II-1 5. DISCREPANCIES IN BIDS In case of lack of clarity in a proposal, the Owner will adopt the most advantageous interpretation thereof or may reject the bid. 6. UNBALANCED BIDS c Unreasonable or unbalanced unit prices that do not generally reflect industry standard pricing will be cause for rejection of any bids. 7. INTERPRETATION OF PLANS AND SPECIFICATIONS Any written questions as to the meaning of any plans and/or specifications will ✓ be answered by addendum which will be sent to all who have been furnished with contract documents and plans. Questions in writing shall be directed to the Engineer for consideration and response. 8. BID BOND J The bidder shall provide with the proposal a cashier's or certified check or a bid bond in the amount equal to five percent(5%) of the total proposal price. 9. AWARD OF CONTRACT 1 The bid shall be awarded to the low responsive, responsible bidder. Approvals are required for award of the contract therefore, the OWNER reserves the right to accept any other bid proposals within thirty (30) days of the date of bid opening. Reference"Proposal",Section III. 10. CONTRACTOR'S INSURANCE The CONTRACTOR, before starting work for the OWNER,must furnish to the OWNER,Certificates of Insurance or other acceptable evidence from a reputable insurance company or companies (such companies to be acceptable to the Owner)licensed to write insurance in the State of Texas, showing that the CONTRACTOR is covered by the insurance as follows: (1) Statutory Worker's Compensation Insurance with Employer's Liability Insurance in the amount of$500,000. (2) Commercial General Public Liability Insurance with a$1,000,000. Combined Single Limit I SECTION II-2 71 Comprehensive Automobile Public LiabilityInsurance with a 7 (3) P 7 $1,000,000 Combined Single Limit on all self-propelled vehicles used in connection with the contract,whether owned, non-owned or hired. 7 (4) Umbrella Liability Coverage: The insurance shall protect the Contractor and additional insured's against all claims in excess of the limits provided under the employer's liability, comprehensive automobile liability, 7. and commercial general liability policies. The liability limits of the umbrella policy shall not be less than$1,000,000.00.The policy shall be an"occurrence" type Policy. 7 The Contractor will be required to furnish satisfactory certificates to the Owner for all the above required coverage with the contract Such certificates shall be L' from insurance companies acceptable to the Owner,name the Owner as additional insured's and include 10 days written notice to the Owner for cancellation or change in the coverage. The Certificates of Insurance must verify that no endorsements limiting or reducing coverage for the additional insured's are a part of the liability policy contract 7- The Contractor shall be responsible for insurance to cover equipment, tools, materials, supplies,etc. used in the performance of work owned or rented, the 7 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 State Board of �.' Insurance of the State of Texas. The Contractor shall provide the Owner a copy 7, of all insurance policies. 11. INDEMNIFICATION 7 CONTRACTOR SHALL, TO THE FULLEST EXTENT PERMTITED BY LAWS AND REGULATIONS, INDEMNIFY AND HOLD HARMLESS OWNER FROM t". AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, FEES OF ENGINEERS, ARCHITECTS, ATTORNEYS AND OTHER PROFESSIONALS AND COURT COSTS) ARISING 7 DIRECTLY, INDIRECTLY OR CONSEQUENTIALLY OUT OF ANY ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH OTHER PARTY AGAINST OWNER TO THE EXTENT BASED ON A CLAIM ARISING OUT OF 7 CONTRACTOR'S NEGLIGENT PERFORMANCE OF THE WORK. IT IS THE EXPRESSED INTENT OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR "s TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF OWNER'S OWN NEGLIGENCE, WHEN THAT NEGLIGENCE ON THE PART OF THE OWNER IS A CONCURRING CAUSE OF THE INJURY, DEATH OR 7 DAMAGE. 7 SECTION II-3 FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE OWNER INDEPENDENT OF THE FAULT OF ANY OTHER PERSON OR ENTITY. 12. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A.Sec.1 et seq. (1973) 13. EXPERIENCE RECORD In order for the OWNER and the ENGINEER to give proper consideration to each bidder and in order to expedite the selection of the lowest responsive and responsible bid,each bidder is required to fill out the EXPERIENCE RECORD form found at the end of this section. I I 1 SECTION II 4 t Section III Bidder's Proposal L t f l t► L r L +y� s� !1 i SECTION III BIDDER'S PROPOSAL L. Date 61-06.0 PIP Proposal of 7:4;-/c &rf L 0 S �C L a corporation organized and existing under laws of the State of Li To: City Secretary City of Pearland 3519 Liberty Dr. • Pearland, Texas 77581 Dear Sir: Pursuant to the forgoing Notice to Bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials,and whatever else may be necessary to complete all the work upon which he bids,as provided by the attached specifications and shown on the plans, and binds himself on acceptance of this proposal to execute a contract and bond, according to the accompanying forms, for performing and completing the said work • within the time stated and maintaining same as required by the detailed specifications i for the following prices to wit i SECTION III- 1 City of Pearland, Texas Bid Schedule Water Tank Demolition &Construction Project _„q L Item Estimated Description and Total Price No. Quantity Price in Words 1. Lump Sum Furnish material and labor to $ /5;OCR,00 demolish and dispose of one bolted steel water tank at the EMagnolia Road Water Plant per the Technical Specifications fora lump sum of t/r pu l A/act-54w`-o --?--- dollars and rircents. w , 2. Lump Sum Furnish material and labor to $ Zy mil') 7S construct one 500,000 gallon ti welded steel water tank at the Magnolia Road Water Plant per the Technical Specifications ' fora lump sum of II co k f U�►2 ��►� l �-riu r�Sw/� ' dollars an�cents Base Bid: �o w Total of items 1-2 above dollars and cents $ �� 7� 1-(..J v l4t ti.l co go )'o u-,-. I itchl S 40Q/3 ,„„ E SECTION III- 2 7 ' 18° II 7 The undersigned bidder agrees to commence work within ten(10) days after the ;l �. written notice to commence work. The work will be substantially completed in ! ;,� one hundred twenty (120)calendar days. Enclosed with this proposal is a cashier's or certified check for „': �� ($ ) Dollars, i; - or a bid bond in the sum of 5 �� 6r ? '+�£S l�w(utt.cr /1/� ) Dollars,which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within thirty (30) days after the date advertised for the reception of bids and the 1' undersigned fails to execute the contract and the required bond with the Owner, 7 under the conditions hereof,within fifteen(15) days after the said proposal is accepted, otherwise, said check or bond shall be returned to the undersigned 7 upon demand. is The undersigned hereby declares that he has visited the site and has carefully '"`' t r'; 9"I examined the contract documents relative to the work covered by the above bid. Respectfully submitted, Bidder. / --i(/C ,; 2#t..rs 4 I D.Pco i,5 e,,oJ Signed: L - �� - 4 d o 7 / Title: G m ISEAL) � Address: �D v "3 ( J Z —7 -� .. . @4� s I 7� 76,0 3 H 7 en— Sic —oi cc, 0 pg >c T. /UZ Seal-if bidder is a corporation , _- E F-4 el ---1 — S- 1 U —U l Cn Co L. l - ,., , , � 7 , ...: ; -. ; 7 , , , . , ,; .. 7 ! , , ,. SECTION III- 3 r r Section IV r" Standard Form of Agreement L ' r r r a . Jr' SECTION l:V STANDARD FORM OF AGREEMENT As Adopted By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS STATE OF TEXAS L: COUNTY OF BRAZORIA • THIS AGREEMENT,made and entered into this 3 - day of ��'�`� ,A.D.,2006, by and between City of Pearland of the State of Texas, acting through the City Mayor, thereunto duly authorized so to do,Party,of the First Part,hereinafter termed OWNER, and Tank Builders, Inc. of the City of Euless of the State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR WITNESSETH:.That for and in consideration of the payments and agreements 7 hereinafter mentioned,to be made and performed by the Party of the First Part �- (OWNER),and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part(CONTRACTOR),hereby agrees with the said Party of the First part(OWNER) to commence and complete the construction of certain improvements described as follows: Furnish all material and labor for the demolition and disposal of one water tank and construction of one water tank located at Magnolia Road Water Plant in Pearland, Texas in accordance with the base bid and all extra work in connection therewith,under the L terms as stated in the General Conditions of the Agreement and at his 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 construction in accordance with the conditions and prices stated in ` the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement,Plans and other drawings and printed or written explanatory matter thereof,and the Specifications and addenda therefore, as prepared by Dunham Engineering,Inc.,13141 Hill Rd.,College Station, Texas 77845, (979)690- 6555 herein entitled the ENGINEER,each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal,the General Conditions of the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract SECTION IV-1 fl r� The CONTRACTOR hereby agrees to commence work within ten (10) days after the - date written notice to do so shall have been given to him, and to substantially complete the same within one hundred twenty (120)calendar days after the date of the written notice to commence work, subject to the extensions of time as are provided by the fl General Conditions of the contract. IN WITNESS THEREOF,the parties to these presents have executed this Agreement in the year and day first above written 1 Tana 4irs mc. ,�9� � ,0mnoep Q'J.: ,,,,ILD ',00�1 rr Party, First Part(a W . R) Party,Second (CO PJ ° B d By: >1/ 4EAL1J11 Y� a o ATTEST: ATTESST: Bruce Kromer, Preside e 0e°0®°®'er*eeiee".. 60/ %%` fiv ", (SEAL) '..../. :: 4\, .`°••:`;zi 7 ®a :. '........." ,°®®p°®°1®eeaoePees'e,e```® '' ri SEA:HON IV—2 1 fi r Section V Bonds r L r r" L r r { L r r r • PERFORMANCE BOND STATE OF TEXAS COUNTY OF Dallas; L KNOW ALL MEN BY THESE PRESENTS:. That Tank Builders, -Inc. of the City of Euless , County of Tarrant , and State of Texas , as principal, and Hartford Fire Insurance Company Ell authorized under the laws of the State of Texas to•act as surety on bonds of principals, are held and firmly bound unto City of Pearland L' (Owner),in the penal sum of two hundred sixty four thousand seven hundred fifty Dollars ($264,750 ) for the payment whereof, the said Principal and Surety L bind themselves and their heirs, administrators,executors, successors and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a c tain written contract with the Owner, dated day of ,20 _ , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract, and shall in all respects duly and faithfully 7 observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted and by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed,then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 7 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. ESurety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, the ri specifications, or drawings accompanying the same, shall in anywise affect its obligation on L ' this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder. IT SECTION V nil IN WITNESS WHEREOF, the said Principal and urety have signed`'nd-z.sealed'--th s a Y zrv� � y = __ instrument thisda of 1 ,20 - - -- -- _ 17 1 5tdr!Oiie�:; (SEAL) 0.1% �U1LLI '.:i1i (SEAL) PI ate 0000.;v':. :j O1 .. 44-00, Tank Builders, Inc. a 17.° �.:•' . 'l rtford Fire Insura.. •• �ompany X a ; Principal iSE.f... .1A i SutetY401 / F p--, .11 It ..,-,:-..-,- i Z at .40U,.‘4„ ! j BY f`� x 0,..i :'' !, ,®`' ' - .:c! • t av i s ruce Kromer, President Title: °p!e`9�A°�'` Title Attorney in Fact i Address: PO Box 1527 Address: Hartford, CT f'1 i 1 Euless, TX 76039 1 n Telephone: (817) 510-0160 Telephone: (972) 581-4881 ! j ; n Name and Address of the Resident Agency of Suretyis: g Y , Bell Group. Insurance 16980 Dallas Parkway 7 1 Dallas, TX 75248 _ . J File Number: i i Countersigna - o o, ' er it c r, principal or shareholder of the Resident Agent of 7 Surety: A !AI 1 Printed Name: Jack M. Davis Vice President _ 7 1 I _ 7 SECTION V [7 7 - , - PAYMENT BOND - I ril STATE OF TEXAS, FL- COUNTY OF Dal ash fq 1 I KNOW'ALL MEN BY THESE PRESENTS:: That"•Tank Builders,. Inc. of the City of Euless , County of_-TarrantL. , and State of Texas Hartford. Fire_ Insurance Com e 7 , as principal, and P y --��- authorized under the laws of the State of Texas to-act as surety on bonds of principals, are held and firmly bound unto city of Pearland .. 7 (Owner),in the penal sum of two hundred sixty four thousand seven hundred fifty El Dollars ($264,750 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators,executors, successors and assigns,jointly and severally,by these presents: El WHEREAS, the Principal has entered into a ce tain written contract with the Owner, F dated 5 ° day of -,"1"L ,20 L , to which contract is hereby referred to and L' - made a part hereof as fully and to the same extent as if copied at length herein. 7 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying:labor and material to him or a subcontractor in 7 the prosecution of the work provided for in said contract, then, this obligation shall be void; L' otherwise,to remain in full force and effect. 7 PROVIDED,HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. L' Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, the [I specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or 7 addition to the terms of the contract or to the work to be performed thereunder. 7 E 7 SECTION V IN WITNESS WHEREOF, the said Principal and urety have signed nd--_seal:Pd---this instrument this 6 day of -1 2r . ,20 _ \��__`_` 11 _ --- (SEAL) (SEAL) Tank Builders, Inc. ®�,000U;'p"q�,,�� Hartfo d 're I/7rlsur c Company _` ` 1 OLk Prin ••°`�`k`®o,am.®a,bh'S,�azrety7 ._______ By: M. Davis Title: Bruce Kromer, President °- `®,^8 Ape: Attorney in Fact oet, 1� Address: PO Box 1527 eeoP�Q suu t{��o00°OAddress: Hartford, CT Euless, TX 76039 r7 { Telephone: (817) 510-0160 Telephone: (972) 581-4881 1 I Name and Address of the Resident Agency of Surety is: 1 Bell Group Insurance i 1 16980 Dallas Parkway •Dallas, TX 75248 t 7 File Number: li . i Countersigns e f o er, , principal or shareholder of the Resident Agent of� �j Surety: � 1 J Jack M. Davis i Printed Name: . Vice President - . . j1 t . i 11 i . 7._ 1 j SECTION V I _ ,„ r T, 'O ., . f Claims Inquiries Notice f Hartford Fire Insurance Company Twin City Insurance Company f„e Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southwest C Please address inquiries regardingClaims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: : 888-266-3488 Fax—Claims 860-757-5835 or 860-547-8265 E-mail • bond.claims@,thehartford.corn Mailing Address : The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 E E Claims Inquiries Notice 2003 7 r. L. Hartford Fire Insurance Company 7 Hartford, Connecticut Financial Statement, June 30, 2005 (Statutory Basis) 17 ASSETS LIABILITIES U.S.Government Bonds $ 26,810,601 Reserve for Claims $ 7 Bonds of Other Governments ... 286,594,127 and Claim Expense 5,815,233,336 State,County,Municipal and Reserve for Unearned Premiums 1,794,150,583 Miscellaneous Bonds ......... 4,823,526,413 Reserve for Taxes,License 7 Stocks 9,879,297,626 and Fees .. 115,416,932 Short Term Investments 92,678,112 Miscellaneous Liabilities 2,773,232,397 E, $ 15,108,906,879 Total Liabilities ... $ 10,498,033,248 Real Estate $ 108,776,194 Capital Paid In $ 54,740,000 7 Cash 151,849,523 Surplus 9,834,823,203 Agents'Balances(Under 90 Day...... 2,534,918,491 7 Other Invested Assets 225,313,613 Surplus as regards Policyholders... $ 9,889,564,203 Miscellaneous 2,257,832,751 Total Liabilities,Capital prt C al Total Admitted Assets $ 20,387,597,451 and Surplus $ 20,387,597,451 El STATE OF CONNECTICUT COUNTY OF HARTFORD ss. 7 CITY OF HARTFORD Donald J. LaValley, Assistant Vice-President, and Patricia A. Murrone, Assistant Secretary of the Hartford Fire Insurance Company,being duly sworn,each deposes and says that the foregoing is a true and correct statement of the said company's financial Econdition as of June 30,2005. E Subscribed and sworn to before me this 11 th day of August,2005 Ott,,,,,- A Add A Ojet,"- 7 f .:_.t.,C,,L ,.__r!f ,, . tas'2'. - ''3 .;ti. Donald J.LaValley,Assistant Vice-President Patricia E.Davis -y�� ®�0 Notary Pubic '��bRpT£0 7My Commission Expires September 30,2007 PCJAA-c.c..ck n 7 Patricia A.Murrone,Assistant Secretary Form CS-19-37 HF Printed in U.S.A. 7 L r. (. ATTORNEYDirect Inquiries/Claims to- ®1i � ®� THE HARTFORD P.O.BOX 2103,690 ASYLUM AVENUE rill HARTFORD,CONNECTICUT 06115 i call:888-266-3488 or fax:860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46 503840 I X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut fl Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut rI H• artford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut I T• win City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Lr--1 H• artford insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana y' Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida L having their home office in Hartford, Connecticut(hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of UNLIMITED . CARL W. BELL, THOMAS J. ASHLEY, JACK M. DAVIS, KELLY KAMMERDIENER, VINCENT BELL, r. ESTAEVA DE LEON, BETTY KAMMERDIENER OF DALLAS, TEXAS P 7 their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one Is named above,to sign its name as surety(ies)only as L delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. E In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003,the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary.Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. [7 "`-tl II �t.it l zi es7 . s .. �' 1,4 i 4'1f'% d :" _i ` �� i,„,..xwy +NNI Zo794€ l97% . E Paul A.Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President P STATE OF CONNECTICUT L } ss. Hartford COUNTY OF HARTFORD f'l On this 4th day of August,2004,before me personally came David T.Akers,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Hampden, Commonwealth of Massachusetts;that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that he knows the seals of the said corporations; that the seals affixed to the Esaid instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ,..2,— /-...2,._ • ' Scott E.Paselka Notary Public CERTIFICATE My Commission Expires October 31,2007 L I,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of December 19, 2 0 0 5 Signed and sealed at the City of Hartford. [1 !: nrsa, pi ggifr 1S11T l .,.1 rtK1M. - 4`:.wtamrj,Ft Lo,a 7' rs # '1 ' _ 4 • i i,~ -Ike . i /., a�al i T,,,,........„. : ,�iIYM. SD70 ,Gxs [ , . ; yr- :7 -f* • ; as�. itii ik..._,-.----- r. 1 Gary W.Stumper,Assistant Vice President POA 2005 7 r t r L i Section VI r L General Conditions k L r r r L r a t r r r L L r L This document has important'legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. r STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared P by ' Engineers Joint Contract Documents Committee and Issued and Published Jointly By NATIONAL; ,.G Epc AMERICAN :SOCIETY-OF ; r` s SOCIETY OF PROFESSIONAL h C'". E +" CIVIL ;ENGINEERS _ c ' A =-_ ; coU M 0l r ENGINEERS IOUXDED 7933 u - �' . FOUNDED `.C• I852 ` .. 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 7 These General Conditions have been prepared for use with the Owner-Contractor Agreements(No. 1910-8-A-1 or 1910-8-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. 1 EJCDC No. 1910-8(1990 Edition) 1 1 1 1 I ' I } 1 I 1 "-1 © 1990 National Society of Professional Engineers 1420 King Street,Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street,N.W.,Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York,NY 10017 Construction Specifications Institute 1 601 Madison St., Alexandria, VA 22314 • 1 1 n 7 TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page 7 Number& Title Number Number& Title Number 1. DEFINITIONS 13 2.5-2.7 Before Starting Construction; 71.1 Addenda 13 CONTRACTOR's Responsibility to 1.2 Agreement 13 Report: Preliminary Schedules; 1.3 Application for Payment 13 Delivery of Certificates of 1.4 Asbestos 13 Insurance 15 7 1.5 Bid 13 2.8 Preconstruction Conference 15 1.6 Bidding Documents 13 : 2.9 Initially Acceptable Schedules 16 1.7 Bidding Requirements 13 1.8 Bonds 13 3. CONTRACT DOCUMENTS: INTENT, 1.9 Change Order 13 AMENDING, REUSE 16 71.10 Contract Documents 13 3.1-3.2 Intent 16 1.11 Contract Price 13 3.3 Reference to Standards and 1.12 Contract Times 13 Specifications of Technical Societies; 1.13 CONTRACTOR 13 Reporting and Resolving 7 1.14 defective 13 Discrepancies 16 1.15 Drawings 13 3.4 Intent of Certain Terms or Adjectives .. 17 7 1.16 Effective Date of the Agreement 13 3.5 Amending Contract Documents 17 1.17 ENGINEER 13 3.6 Supplementing Contract Documents ... 17 1.18 ENGINEER's Consultant 13 3.7 Reuse of Documents 17 1.19 Field Order 137 4. AVAILABILITY OF LANDS;SUBSURFACE AND 1.20 General Requirements 14 PHYSICALCONDITIONS;REFERENCEPOINTS . 17 1.21 Hazardous Waste 14 4.1 Availability of Lands 17 1.22 Laws and Regulations;Laws or 4.2 Subsurface and Physical Conditions 17 7 Regulations 14 4.2.1 Reports and Drawings 17 1.23 Liens 14 4.2.2 Limited Reliance by CONTRACTOR 1.24 Milestone 14 Authorized;Technical Data_ 18 1.25 Notice of Award 14 4.2.3 Notice of Differing Subsurface or 7 1.26 Notice to Proceed 14 Physical Conditions 18 1. 1.27 OWNER 14 4.2.4 ENGINEER's Review 18 1.28 Partial Utilization 14 4.2.5 Possible Contract Documents Change . 18 1.29 PCBs' 147 4.2.6 Possible Price and Times Adjustments . 18 1.30 Petroleum 14 4.3 Physical Conditions-Underground 1.31 Project 14 Facilities. 18 1.32 Radioactive Material 14 4.3.1 Shown or Indicated 18 7 1.33 Resident Project Representative 14 4.3.2 Not Shown or Indicated 19 1.34 Samples 14 4.4 Reference Points 19 1.35 Shop Drawings 14 4.5 Asbestos,PCBs, Petroleum, Hazardous 1.36 Specifications 14 Waste or Radioactive Material 19 7 1.37 Subcontractor 14 1.38 Substantial Completion 14 5.-BONDS AND INSURANCE 20 1.39 Supplementary Conditions 14 5.1-5.2 Performance,Payment and Other Bonds. 20 1.40 Supplier 147 5.3 Licensed Sureties and Insurers; 1.41 Underground Facilities 14 Certificates of Insurance 20 1.42 Unit Price Work 14 5.4 CONTRACTOR's Liability Insurance . 20 1.43 Work 15 5.5 OWNER'S Liability Insurance 21 1.44 Work Change Directive 15 5.6 Property Insurance . 21 7 1.45 Written Amendment 15 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS 15 Property Insurance 21 2.1 Delivery of Bonds 15 5.8 Notice of Cancellation Provisions 21 2.2 Copies of Documents 15 5.9 CONTRACTOR's Responsibility for 4_' 2.3 Commencement of Contract Times; Deductible Amounts 22 Notice to Proceed 15 5.10 Other Special Insurance 22 7 2.4 Starting the Work 15 5.11 Waiver of Rights 22 7 1 7 . J Article or Paragraph Page Article or Paragraph Page Number& Title Number Number& Title Number 5.12-5.13 Receipt and Application of Insurance 8.6 Change Orders 29 Proceeds 22 8.7 Inspections,Tests and Approvals 29 5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work;Terminate ri Option to Replace 22 CONTRACTOR'S Services 29 ) 5.15 Partial Utilization-Property 8.9 Limitations on OWNER'S Insurance 23 Responsibilities 30 `"'l 8.10 Asbestos, PCBs, Petroleum, Hazardous 6. CONTRACTOR'S RESPONSIBILITIES 23 Waste or Radioactive Material 30 6.1-6.2 Supervision and Superintendence 23 8.11 Evidence of Financial Arrangements .. 30 6.3-6.5 Labor,Materials and Equipment 23 9, ENGINEER'S STATUS DURING 1 6.6 Progress Schedule 23 CONSTRUCTION 30 - 6.7 Substitutes and "Or-Equal" Items; 9.1 OWNER's Representative 30 CONTRACTOR's Expense; 9.2 Visits to Site 30 r`"i Substitute Construction 9.3 Project Representative 30 Methods or Procedures; 9.4 Clarifications and Interpretations 30 ENGINEER's Evaluation 23 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 25 Payments 31 6.13 Permits 25 9.10 Determinations for Unit Prices 31 6.14 Laws and Regulations 25 9.11-9.12 Decisions on Disputes;ENGINEER as 6.15 Taxes 25 Initial Interpreter 31 6.16 Use of Premises 26 9.13 Limitations on ENGINEER's 6.17 Site Cleanliness 26 Authority and Responsibilities 31 e-, 6.18 Safe Structural Loading 26 6.19 Record Documents 26 10. CHANGES IN THE WORK 32 6.20 Safety and Protection 26 10.1 OWNER Ordered Change 32 6.21 Safety Representative 26 10.2 Claim for Adjustment 32 41 6.22 Hazard Communication Prowdms 27 10.3 Work Not Required by Contract 6.23 Emergencies 27 Documents 32 6.24 Shop Drawings and Samples 27 6.25 Submittal Procedures; 10.4 Change Orders CONTRACTOR's Review Prior to 10.5 Notification of Surety 32 Shop Drawing or Sample Submittal . 27 11. CHANGE OF CONTRACT PRICE 32 6.26 Shop Drawing&Sample Submittals 11.1-11.3 Contract Price;Claim for Adjustment; Review by ENGINEER 27 Value of the Work 32 6.27 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 CONTRA(;IOR's Fee 34 r 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 6.30 CONTRACTOR's General 12. CHANGE OF CONTRACT TIMES 35 Warranty and Guarantee 28 12.1 Claim for Adjustment 35 6.31-6.33 Indemnification 28 12.2 Time of the Essence 35 6.34 Survival of Obligations 28 12.3 Delays Beyond CONTRACTOR'S _ 7. OTHER WORK 29 Control 35 7.1-7.3 Related Work at Site 29 12.4 Delays Beyond OWNER's and 7.4 Coordination CONTRACTOR'S Control 35 8. OWNER'S RESPONSIBILITIES 29 M 8.1 Communications to Contractor 29 13. TESTS AND INSPECTIONS;CORRECTION, 8.2 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 13.2 Access to the Work 36 Tests 29 13.3 Tests and Inspections;Contractor's 8.5 Insurance 29 Cooperation 36 2 rn 7 7 Article or Paragraph Page Article or Paragraph Page Number& Title Number Number& Title Number 13.4 OWNER's Responsibilities; 14.12 Final Application for Payment 40 14.13-14.14 Final Payment and Acceptance 40 13.5 CONTRACTOR'S Responsibilities 36 14.15 Waiver of Claims 40 13.6-13.7 CoveringWork Prior to Inspection, 15. SUSPENSION OF WORK AND Testing or Approval 367 TERMINATION 40 13.8-13.9 Uncovering Work at ENGINEER'S 15.1 OWNER May Suspend Work 40 Request 36 15.2-15.4 OWNER May Terminate 40 13.10 OWNER May Stop the Work 36 15.5 CONTRACTOR May Stop Work or 13.11 Correction or Removal of Defective7 Terminate 41 Work 37 • 13.12 Correction Period 13.13 Acceptance of Defective Work 37 16. DISPUTE RESOLUTION 41 7 13.14 OWNER May Correct Defective Work 37 17. MISCELLANEOUS 42 17.1 Giving Notice 42 17.2 Computation of Times 42 r. 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim 42 COMPLETION 37 17.4 Cumulative Remedies 42 L 14.1 Schedule of Values 37 17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment 38 Included 42 7 14.3 CONTRACTOR'S Warranty of Title ... 38 14.4-14.7 Review of Applications for EXHIBIT GC-A(Optional): . Progress Payments 38 Dispute-Resolution Agreement(Optional) GC-Al P 14.8-14.9 Substantial Completion 39 16.1-16.6 Arbitration GC-Al 14.10 Partial Utilization 39 16.7 Mediation GC-A2 L' 14.11 Final Inspection 39 . 7 7 . . . . • 7 7 • 7 7 7 7 3 7 l INDEX TO GENERAL CONDITIONS Article or Paragraph Article or Paragraph Number Number Bidding Documents-definition of 1.6(6.8.2) Acceptanceof- Bidding Requirements-definitions of 1.7 (1.1,4.2.6.2) Bonds and Insurance 5.14 10.4.1, 13.13, 13.15 Bonds- 5.14 defective Work acceptance of ii- final payment 9.12, 14.15 insurance Cost of the Work 11.4.5.9 5.14 additional bonds 10.5, 11.5.9 6 7 1 definition of other Work,by CONTRACTOR 7.3 ].4 8 Substitutes and "Or-Equal" Items delivery of 2.1, 1 5.1 Work by OWNER 2.5,6.30,6.34 14.12-14.14 final application for payment 7 Access to the- Lands, OWNER and CONTRACTOR general 1 10,5.1-5.3,5.13,9.13,10.5, 14.7.E performance,Payment and Other 5.1-5.2 responsibilities 4.1 Bonds and Insurance-in general 5 site, related work 7.2 5.6.2 1 4 14.9 13.2, 13.1 , Builder's risk "all risk" policy form Work, Cancellation Provisions, Insurance- 5.4.11.,5.8,5.15 Acts or Omissions-, Acts and Omissions- Cash Allowances 11.8 CONTRACTOR 6 9 1,9.13.3 Certificate of Substantial Completion 1.38,6.30.2.3, _IENGINEER 6.20,9.13.3 14.8, 14.10 OWNER 6.20,8.9 Certificates of Inspection 9.13.4, 13.5, 14.12 Addenda-definition of(also see Certificates of Insurance ..2.7,5.3,5.4.11, 5.4.13,5.6.5,5.8, definition of Specifications) (1.6, 1.10,6.19) 1.1 5.14,9.13.4, 14.12 7 Additional Property Insurances 5'7 Change in Contract Price- Adjustments Cash Allowances 11.8 ,.ry Contract Price or Contract claim for price adjustment 4.1,4.2.6,4.5,5.15,6.8.2, Times 1.5, 3.5,4.1,4.3.2,4.5.2,4.5.3,9.4,9.5, 9.4,9.5,9.11, 10.2, 10.5, 11.2, 13.9, 10.2-10.4, 11, 12, 14.8, 15.1 13.13, 13.14, 15.1, 15.5 progress schedule 6 6 CONTRACTOR's fee 11.6 el Agreement- Cost of the Work definition of 1.2 general 11.4-11.7 All risk Insurance,policy form 5.6.2 Exclusions to 11.5 Allowances, Cash 11.8 Cost Records 11.7 Amending Contract Documents 3.5 in general 1.19, 1.44,9.11, 10.4.2, 10.4.3, 11 71 Amendment,Written- Lump Sum Pricing 11.3.2 in general .... 1.10, 1.45, 3.5,5.10, 5.12,6.6.2,6.8.2, 6.19, Notification of Surety 10.5 , 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Scope of 10.3-10.4 Appeal, OWNER or CONTRACTOR Testing and Inspection, Uncovering the Work 13.9 intent to 9.10,9.11, 10.4, 16.2, 16.5 Unit Price Work 11.9 Application for Payment- Value of Work 11.3 7 definition of 1.3 Change in Contract Times- ENGINEER's Responsibility 9.9 Claim for times adjustment ....4.1,4.2.6,4.5,5.15,6.8.2, final payment 9.13.4,9.13.5, 14.12-14.15 9.4,9.5,9.11, 10.2, 10.5, 12.1, 13.9, 13.13, in general 2.8,2.9,5.6.4,9.10, 15.5 13.14, 14.7, 15.1, 15.5 progress payment 14.1, 14.7 Contractual time limits 12.2 _ 1 . review of 14.4-14.7 Delays beyond CONTRACTOR'S control 12.3 Arbitration(Optional) 16.1-16.6 Delays beyond OWNER's and CONTRACTOR'S con- in Asbestos- trol 12.4 1 claims pursuant thereto 4.5.2,4.5.3 Notification of surety 10.5 CONTRACTOR authorized to stop Work 4.5.2 Scope of change 10.3-10.4 definition of 1.4 Change Orders- I OWNER responsibility for 4.5.1,8.10 Acceptance of Defective Work 13.13 possible price and times change 4 5 2 Amending Contract Documents 3.5 Authorized Variations in Work 3.6,6.25,6.27,9.5 Cash Allowances 11.8 Availability of Lands 4.1, 8.4 Change of Contract Price 11 7 Award,Notice of-defined 1.25 Change of Contract Times 12 Before Starting Construction 2.5-2.8 Changes in the Work 10 Bid-definition of 1.5 CONTRACTOR's fee 11.6 (1.1, 1.10,2.3, 3.3, 4.2.6.4,6.13, 11.4.3, 11.9.1) Cost of the Work 11.4-11.7 _ • 4 7 7 7 Article or Paragraph Article or Paragraph Number Number Cost Records 11.7 general 6.2, 6.9.2, 8.1 7 definition of Hazard Communication Programs 6.22 emergencies 6.23 Completion- ENGINEER's responsibility 9.8, 10.4, 11.2, 12.1 Final Application for Payment 14.12 execution of 10.4 Final Inspection 14.11 7 Indemnification 6.12, 6.16, 6.31, 6.33 Final Payment and Acceptance 14.13-14.14 Insurance, Bonds and 5.10, 5.13, 10.5 Partial Utilization 14.10 OWNER may terminate 15.2-15.4 Substantial Completion 1.38, 14.8-14.9 OWNER's Responsibility 8.6, 10.4 Waiver of Claims 14.15 Physical Conditions- Computation of Times 17.2.1-17.2.2 7 Subsurface and, 4.2 Concerning Subcontractors, Underground Facilities 4 3 2 Suppliers and Others 6.8-6.11 7 Record Documents 6 19 Conferences- Scope of Change 10.3-10.4 initially acceptable schedules 2.9 Substitutes 6.7.3,6.8.2 preconstruction 2.8 Unit Price Work 11.9 Conflict, Error, Ambiguity, Discrepancy- value of Work,covered by 11.3 CONTRACTOR to Report 2.5, 3.3.2 7. Changes in the Work 10 Construction, before starting by CONTRACTOR ....2.5-2.7 Notification of surety 10.5 Construction Machinery, Equipment, etc. 6.4 OWNER's and CONTRACTOR's responsibilities .... 10.4 Continuing the Work 6.29, 10.4 7 Right to an adjustment 10.2 Contract Documents- Scope of change 10.3-10.4 Amending 3.5 Claims- Bonds 5.1 7 against CONTRACTOR 6 16 Cash Allowances 11.8 against ENGINEER 6.32 Change of Contract Price 11 against OWNER 6 32 Change of Contract Times 12 Change of Contract Price 9.4, 11.2 Changes in the Work 10.4-10.5 7 Change of Contract Times 9.4, 12.1 check and verify 2.5 CONTRACTOR's 4,7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, Clarifications and Interpretations 3.2, 3.6,9.4,9.11 12.1, 14.8, 15.1, 15.5, 17.3 definition of 1.10 CONTRACTOR's Fee 11.6 ENGINEER as initial interpreter of 9.11 CONTRACTOR's liability 5.4, 6.12, 6.16,6.31 ENGINEER as OWNER's representative 9.1 7 Cost of the Work 11.4, 11.5 general 3 Decisions on Disputes 9.11,9.12 Insurance • 5.3 Dispute Resolution 16.1 Intent 3.1-3.4 7 Dispute Resolution Agreement 16.1-16.6 minor variations in the Work 3.6 ENGINEER as initial interpretor 9.11 OWNER's responsibility to furnish data 8.3 Lump Sum Pricing 11.3.2 OWNER's responsibility to make 7 Notice of 17.3 prompt payment 8.3, 14.4, 14.13 OWNER's 9.4, 9.5,9.11, 10.2, 11.2, 11.9, 12.1, precedence 3.1,3.3.3 13.9, 13.13, 13.14, 17.3 Record Documents 6.19 OWNER's liability 5.5 Reference to Standards and Specifications 7 OWNER may refuse to make payment 14.7 of Technical Societies 3.3 Professional Fees and Court Costs Included 17.5 Related Work 7 2 request for formal decision on 9.11 Reporting and Resolving Discrepancies 2.5,3.3 Substitute items 6.7.1.2 Reuse of 3.7 7 Time Extension 12.1 Supplementing 3 6 Time requirements 9.11, 12.1 Termination of ENGINEER's Employment 8.2 Unit Price Work 11.9.3 Unit Price Work 11.9 ti. Value of 11.3 variations 3.6,6.23,6.27 Waiver of-on Final Payment 14.14, 14.15 Visits to Site, ENGINEER's 9.2 Work Change Directive 10.2 Contract Price- written notice required 9 11, 11.2, 12.1 adjustment of 3.5,4.1,9.4, 10.3, 11.2-11.3 7 Clarifications and Interpretations 3 6 3, 9.4,9.11 Change of I I Clean Site • 6.17 Decision on Disputes 9.11 Codes of Technical Society, Organization or definition of 1.11 7 Association 3.3.3 Contract Times- Commencement of Contract Times 2 3 adjustment of 3.5,4.1,9.4, 10.3, 12 Communications- Change of 12.1-12.4 7 5 7 • Article or Paragraph 7 Article or Paragraph Number Number Commencement of 2.3 For Acts and Omissions of Others 6.9.1-6.9.2,9.13 definition of 1.12 for deductible amounts, insurance 5.9 CONTRACTOR- general 6,7.2,7.3, 8.9 f Acceptance of Insurance 5.14 Hazardous Communication Programs 6.22 Limited Reliance on Technical Data Authorized 4.2.2 Indemnification 6.31-6.33 Communications 6.2,6.9.2 Labor,Materials and Equipment 6.36.5 Continue Work 6.29, 10.4 Laws and Regulations 6.14 coordination and scheduling 6.9.2 Liability Insurance 5.4 definition of 1.13 Notice of variation from Contract Documents 6.27 f'n May Stop Work or Terminate 15.5 Patent Fees and Royalties 6.12 I provide site access to others 7.2, 13.2 Permits 6.13 _1 Safety and Protection 4.3.1.2, 6.16,6.18, 6.21-6.23, Progress Schedule 6.6 7.2, 13.2 Record Documents 6.19 7 Shop Drawing and Sample Review Prior to Submittal . 6.25 related Work performed prior to ENG1NEER's Stop Work requirements 4.5.2 approval of required submittals 6.28 CONTRACTOR'S- safe structural loading 6.18 Compensation 11.1-11.2 Safety and Protection 6.20,7.2, 13.2 on Continuing Obligation 14.15 Safety Representative 6.21 ) Defective Work 9.6, 13.10-13.14 Scheduling the Work 6.9.2 Duty to correct defective Work 13.11 Shop Drawings and Samples 6.24 si Duty to Report- Shop Drawings and Samples Review Changes in the Work caused by by ENGINEER 6.26 _ . Emergency 6.23 Site Cleanliness 6.17 Defects in Work of Others 7.3 Submittal Procedures 6.25 07 Differing conditions 4.2.3 Substitute Construction Methods and Discrepancy in Documents 2.5,3.3.2, 6.14.2 Procedures 6.7.2 Underground Facilities not indicated 4.3.2 Substitutes and "Or-Equal" Items 6.7.1 Emergencies 6.23 Superintendence 6.2 Equipment and Machinery Rental,Cost Supervision 6.1 of the Work 11.4.5.3 Survival of Obligations 6.34 Fee-Cost-Plus 11.4.5.6, 11.5.1, 11.6 Taxes 6.15 General Warranty and Guarantee 6.30 Tests and Inspections 13.5 Hazard Communication Programs 6.22 To Report 2.5 Indemnification 6.12,6.16,6.31-6.33 Use of Premises 6.16-6.18,6.30.2.4 Inspection of the Work 7.3, 13.4, Review Prior to Shop Drawing or Sample Submittal .. 6.25 7 Labor, Materials and Equipment 6.3-6.5 Right to adjustment for changes in the Work 10.2 1 Laws and Regulations,Compliance by 6.14.1 right to claim ..4,7.1,9.4,9.5,9.11, 10.2, 11.2, 11.9, 12.1, Liability Insurance 5 4 13.9, 14.8, 15.1, 15.5, 17.3 Notice of Intent to Appeal 9.10, 10.4 Safety and Protection 6.20-6.22,7.2, 13.2 obligation to perform and complete the Work 6.30 Safety Representative 6.21 Patent Fees and Royalties, paid for by 6.12 Shop Drawings and Samples Submittals 6.24-6.28 Performance and Other Bonds 5.1 Special Consultants 11.4.4 Permits, obtained and paid for by 6.13 Substitute Construction Methods and Procedures 6.7 7 Progress Schedule 2 6,2.8,2.9,6.6, 6.29, 10.4, 15.2.1 Substitutes and "Or-Equal" Items, Expense ..6.7.1,6.7.2 _. Request for formal decision on disputes 9 11 Subcontractors,Suppliers and Others 6.8-6.11 Responsibilities- Supervision and Superintendence 6.1,6.2,6.21 P-1 Changes in the Work 10.1 Taxes, Payment by 6.15 c Concerning Subcontractors,Suppliers and Others .6.8- Use of Premises 6.16-6.18 6.11 Warranties and guarantees 6.30,6.5 Continuing the Work 6.29, 10.4 Warranty of Title 14.3 d'.1 i CONTRACTOR's expense 6.7.1 Written Notice Required- CONTRACTOR's General Warranty and Guaran- CONTRACTOR stop Work or terminate 15.5 tee 6.30 Reports of Differing Subsurface and Physical Condi- CONTRACTOR's review prior to Shop Drawing or Sam- tions 4.2.3 pie submittal 6 25 Substantial Completion 14.8 Coordination of Work 6.9.2 CONTRACTORS-other 7 Emergencies 6.23 Contractual Liability Insurance 5.4.10 7 ENGINEER's evaluation, Substitutes Contractual Time Limits 12.2 or"Or-Equal" Items 6.7.3 Coordination 6 71 7 7 Article or Paragraph Article or Paragraph Number Number CONTRACTOR's responsibility 6.9.2 Determinations for Unit Prices 9.10 7 Copies of Documents 2 2 Differing Subsurface or Correction Period 13.12 Physical Conditions Correction, Removal or Acceptance of Notice of 4.2.3 Defective Work ENGINEER's Review 4 2 4 7 in general 10.4.1, 13.10-13.14 Possible Contract Documents Change 4.2.5 Acceptance of Defective Work 13.13 Possible Price and Times Adjustments 4.2.6 Correction or Removal of Defective Work 6.30, 13.11 Discrepancies-Reporting and Resolving ....2.5, 3.3.2,6.14.2 Correction Period 13.12 Dispute Resolution- 7i, OWNER May Correct Defective Work 13.14 Agreement 16.1-16.6 # OWNER May Stop Work 13.10 Arbitration 16.1-16.5 Cost- general 16 of Tests and Inspections 13.4 Mediation 16.6 ril Records 11.7 Dispute Resolution Agreement 16.1-16.6 Cost of the Work- Disputes, Decisions by ENGINEER 9 11-9.12 Bonds and insurance, additional 11.4.5.9 Documents- 7 Cash Discounts 11.4.2 Copies of 2.2 CONTRACTOR's Fee 11.6 Record 6.19 Employee Expenses 11.4.5.1 Reuse of 3.7 Exclusions to 11.5 Drawings-definition of 1 15 7 General 11.4-11.5 Easements 4.1 Home office and overhead expenses 11.5 Effective date of Agreement-definition of 1.16 Losses and damages 11.4.5.6 Emergencies 6.23 Materials and equipment 11.4.2 ENGINEER- 7 Minor expenses 11.4.5.8 as initial interpreter on disputes 9.11-9.12 Payroll costs on changes 11.4.1 definition of 1.17 performed by Subcontractors 11.4.3 Limitations on authority and � Records 11.7 responsibilities 9.13 LJ Rentals of construction equipment and machinery . 11.4.5.3 Replacement of 8.2 Royalty payments,permits and license fees 11.4.5.5 Resident Project Representative 9.3 Site office and temporary facilities 11.4.5.2 ENGINEER's Consultant-definition of 1.18 7 Special Consultants,CONTRACTOR's 11.4.4 ENGINEER's- Supplemental 11.4.5 authority and responsibility, limitations on 9.13 Taxes related to the Work 11.4.5.4 Authorized Variations in the Work 9 5 Tests and Inspection 13.4 Change Orders, responsibility for 9.7, 10, 11, 12 7 Trade Discounts 11.4.2 Clarifications and Interpretations 3 6 3,9.4 Utilities,fuel and sanitary facilities 11.4.5.7 Decisions on Disputes 9.11-9.12 Work after regular hours 11.4.1 defective Work,notice of 13.1 Li Covering Work 13.6 13.7 Evaluation of Substitute Items 6 7 3 6.32,Cumulative Remedies 17.4-17.5 Liability 9.12 Cutting,fitting and patching 7.2 Notice Work is Acceptable 14.13 Data, to be furnished by OWNER 8.3 Observations 6.30.2,9.2 Day-definition of 17.2.2 OWNER's Representative 9.1 7 Decisions on Disputes 9.11,9.12 Payments to the CONTRACTOR, defective-definition of 1.14 Responsibility for 9 9, 14 7 defective Work- Recommendation of Payment 14.4, 14.13 Acceptance of 10.4.1, 13.13 Responsibilities- Correction or Removal of 10.4.1, 13.11 Limitations on I 9.11-9.13 Correction Period 13.12 Review of Reports on Differing Subsurface 7 in general 13, 14.7; 14.11 and Physical Conditions 4.2.4 Observation by ENGINEER 9.2 Shop Drawings and Samples, review OWNER May Stop Work 13.10 responsibility 6.26 7 Prompt Notice of Defects 13.1 Status During Construction- Rejecting 9.6 authorized variations in the Work 9.5 Uncovering the Work 13.8 Clarifications and Interpretations 9.4 Definitions 1 'Decisions on Disputes 9.11-9.12 Delays 4.1, 6.29, 12.3-12.4 Determinations on Unit Price 9.10 7 Delivery of Bonds 2.1 ENGINEER as Initial Interpreter 9.11-9.12 Delivery of certificates of insurance 2.7 ENGINEER'S Responsibilities 9.1-9.12 7 7 • Article or Paragraph Article or Paragraph Number Number Limitations on ENGINEER'S Authority and deductible amounts,CONTRACTOR'S Responsibilities 9.13 responsibility 5.9 OWNER's Representative 9.1 Final Application for Payment 14.12 Project Representative 9.3 Licensed Insurers 5.3 Rejecting Defective Work 9.6 Notice requirements,material S g 10.50 Shop Drawings, Change Orders and changes Payments 9 7-9.9 Option to Replace 5.14Visits to Site 9.2 other special insurances 5.100.1 Unit Price Determinations 9.10 OWNER as fiduciary for insureds 5.12 5.13 Visits to Site 9.2 OWNER's Liability 8 5 1 5.Written consent required 7.2,9.1 OWNER's Responsibility .5 Equipment,Labor,Materials and 6 3-6.5 Partial Utilization, Property Insurance 5.6 5.1 Equipment rental,Cost of the Work 11.4.5.3 . Property Equivalent Mateiials and Equipment 6.7 Receipt and Application of Insurance Proceeds ..5.12-5.13 6.33 Special Insurance 5.10 Errors or omissions 5.11 Evidence of Financial Arrangements 8.11 Waiver of Rights 4.2.1 Intent of Contract Documents 3.1-3.4 7 Explorations of physical conditions Fee,CONTRACTOR's-Costs-Plus 11.6 Interpretations and Clarifications 3.6.3,9.4 Field Order- . Investigations of physical conditions 4.2 definition of 1,19 Labor, Materials and Equipment 6.3-6.5 Lands- issued by ENGINEER 3.6.1,9.5 and Easements 8.4 r'l Final Application for Payment 14.12 Availability of 4.1,8.4 14 11 Final Inspection Reports &Tests 8.4 P`i and Final Payment- Laws and Regulations-Laws or Regulations- f Acceptance 14.13 14.14 Bonds 5.1-5.2 Prior to,for cash allowances 11.8 Changes in the Work 10.4 General Provisions 17.3-17.4 Contract Documents 3.1 General Requirements- CONTRACTOR'S Responsibilities 6.14 defintion of 1.20 Correction Period,defective Work .••• 13.12 principal references to 2.6,6.4,6.6 6.7,6.24 Cost of the Work,taxes 11.4.5.4 Giving Notice 17.1 definition of 1.22 Guarantee of Work-by general 6.14 1 CONTRACTOR 6 30, 14.12 Indemnification 6.31-6.33 Hazard Communication Programs 6.22 Insurance 5.3 Hazardous Waste- Precedence 3.1,3.3.3 definition of 1.21 Reference to 3.3.1 general 4.5 Safety and Protection 6.20, 13.2 OWNER's responsibility for 8 10 Subcontractors, Suppliers and Others 6.8-6.11 Indemnification 6.12, 6.16,6.31-6.33 Tests and Inspections 13.5 Initially Acceptable Schedules 2.9 Use of Premises 6.16 Inspection- Visits to Site 9.2 Certificates of 9.13.4, 13.5, 14.12 Liability Insurance- Final - 14.11 CONTRACTOR'S 5.4 1-- • Special, required by ENGINEER 9.6 OWNER's 5.5 Tests and Approval 8.7, 13.3-13.4 Licensed Sureties and Insurers 5.3 Insurance- Liens- . Acceptance of, by OWNER 5 14 Application for Progress Payment 14.2 Additional, required by changes Contractor's Warranty of Title 14.3 in the Work 11.4.5.9 Final Application for Payment 14.12 r---) R Before starting the Work 2.7 definition of 1.23 _ Bonds and-in general 5 Waiver of Claims 14.15 Cancellation Provisions 5.8 Limitations on ENGINEER'S authority and Certificates of ..2.7,5,5.3,5.4.11,5.4.13,5.6.5,5.8,5.14, responsibilities 9.13 ri 9.13.4, 14.12 Limited Reliance by CONTRACTOR Authorized 4.2.2 completed operations 5.4.13 Maintenance and Operating Manuals-- CONTRACTOR's Liability 5.4 Final Application for Payment 14.12 CONTRACTOR's objection to coverage 5.14 Manuals (of others)- Contractual Liability 5 4 10 Precedence 3.3.3.1 8 7 7 Article or Paragraph Article or Paragraph Number Number 7 Reference to in Contract Documents 3 3.1 Inspections, tests and approvals 8.7, 13.4 Materials and equipment- Liability Insurance 5.5 furnished by CONTRACTOR 6.3 Notice of Defects 13.1 not incorporated in Work 14.2 Representative-During Construction, Materials or equipment-equivalent 6 7 ENGINEER's Status 9.1 L Mediation (Optional) 16.7 Responsibilities- Milestones-definition of 1.24 Asbestos, PCB's, Petroleum, Hazardous Miscellaneous- Waste on Radioactive Material 8.10 7 Computation of Times 17.2 Change Orders 8.6 Cumulative Remedies 17.4 Changes in the Work 10.1 Giving Notice 17.1 communications 8.1 r Notice of Claim 17.3 CONTRACTOR'S responsibilities 8.9 Professional Fees and Court Costs Included 17.5 evidence of financial arrangements 8.l1 Multi-prime contracts 7 inspections, tests and approvals 8.7 Not Shown or Indicated 4.3.2 Insurance 8.5 7 Notice of- lands and easements 8.4 Acceptability of Project 14.13 prompt payment by 8.3 Award, definition of 1 25 replacement of ENGINEER 8.2 Claim 17.3 reports and tests 8.4 E Defects, 13.1 stop or suspend Work 8.8, 13.10, 15.1 Differing Subsurface or Physical Conditions 4 2 3 terminate CONTRACTOR'S services 8.8, 15.2 9 3 Giving 17.1 separate representative at site r Tests and Inspections 13.3 independent testing 13.4 Variation,Shop Drawing and Sample 6.7 use or occupancy of the5.15, 14.10 Notice to Proceed- Work definition of 1.26 written consent or approval 7 giving of 2 3 required 9.1,6.3,.11.4 Notification to Surety 10.5 written notice Observations,by ENGINEER 6.30,9.2 required 7.1,9.4,9.11, 11.2, 11.9, 14.7, 15.4 Occupancy of the Work 5.15, 6.30.2.4, 14.10 PCBs-7 1 29 Omissions or acts by CONTRACTOR 6.9,9.13 definition of 4.5 "Open peril" policy form, Insurance 5 6.2 general Option to Replace _ 5.14 OWNER'S responsibility for 8.10 "Or Equal" Items Other work 6 7 Partial Utilization- p�+ 7 definition of 1.28 6.30.2.4, 14.10 Overtime Work-prohibition of 6.3 general OWNER- Property Insurance 5.15 7 Acceptance of defective Work appoint an ENGINEER 13.13 Patent Fees and Royalties 6.12 8.2 Payment Bonds 5.1-5.2 as fiduciary 5.12-5.13 Payments,Recommendation of 14.4-14.7, 14.13 Availability of Lands, responsibility 4 1 Payments to CONTRACTOR and Completion- 7 definition of 1 27 Application for Progress Payments 14.2 14.3 data,furnish 8 3 CONTRACTOR'S Warranty of Title l4 12 May Correct Defective Work 13.14 Final Application for Payment 14.11 May refuse to make payment 14.7 Final Inspection 14.13 14.14 7 May Stop the Work 13.10 Final Payment and Acceptance 8.3, 14 may suspend work, general terminate 8.8, 13.10, 15.1-15.4 Partial Utilization 14.10 14.2 7 Payment, make prompt 8.3, 14.4, 14.13 Retainage performance of other Work 7 1 Review of Applications for Progress 14 414.7 permits and licenses, requirements 6 13 Payments prompt payment 8.3 purchased insurance requirements 5.6-5.10 Schedule of Values 14.1 r OWNER's- 14.814.9 Acceptance of the Work 6.30.2.5 Substantial Completion 14.15 Change Orders,obligation to Waiver of Claims 8.6, 10.4 when payments due 14.4, 14.13 14.7 7 execute Communications 8 1 withholding payment Coordination of the Work 7 4 Performance Bonds 5.1-5.2 6.13 Disputes, request for decision 9.11 Permits 7 9 1 Article or Paragraph Article or Paragraph Number Petroleum- Regulations, Laws and(or) 6.14 definition of 1.30 Rejecting Defective Work 9.6 general 4 5 Related Work 7 - OWNER's responsibility for 8 10 at Site 7.1-7.3 Physical Conditions- Performed prior to Shop Drawings Drawings of,in or relating to 4.2.1.2 and Samples submittals review 6.287 ENGINEER's review 4.2.4 Remedies,cumulative 17.4, 17.5 existing structures 4.2.2 Removal or Correction of general 4.2.1.2 Defective Work 13.11 Subsurface and, 4.2 rental agreements, OWNER approval 7 Underground Facilities 4.3 required 11.4.5.3 ; Possible Contract Documents Change 4 2.5 replacement of ENGINEER,by OWNER 8.2 Possible Price and Times Adjustments 4 2.6 Reporting and Resolving Discrepancies .... 2.5,3.3.2,6 14.2 i Reports and Drawings 4.2.1 Reports- Notice of Differing Subsurface or, 4.2.3 and Drawings 4.2.1 Subsurface and 4 2 and Tests, OWNER's responsibility 8.4 Subsurface Conditions 4.2.1.1 Resident Project Representative- Technical Data, Limited Reliance by definition of 1.33 7 CONTRACTOR Authorized 4.2.2 provision for 9.3 Underground Facilities- Resident Superintendent,CONTRACTOR'S 6.2 general 4.3 Responsibilities- Not Shown or Indicated 4 3 2 CONTRACTOR's-in general 6 7 Protection of 4.3,6.20 ENGINEER's-in general 9 Shown or Indicated 4.3.1 Limitations on 9.13 Technical Data 4.2.2 OWNER's-in general 8 Preconstruction Conference 2.8 Retainage 14.2 1 Preliminary Matters 2 Reuse of Documents 3.7 Preliminary Schedules 2.6 Review by CONTRACTOR: Shop Drawings �} Premises, Use of 6.16-6.18 and Samples Prior to Submittal 6.25 7 Price, Change of Contract 11 Review of Applications for Progress Price,Contract-definition of 1 11 Payments 14.4-14.7 Progress Payment, Applications for 14.2 Right to an adjustment 10.2 7 Progress payment-retainage 14.2 Rights of Way 4.1 " Progress schedule,CONTRACTOR's 2.6,2.8,2.9,6.6, Royalties, Patent Fees and 6.12 6.29, 10.4', 15.2.1 Safe Structural Loading 6.18 7Project-definition of 1.31 Safety- 1 Project Representative- and Protection 4.3.2, 6.16,6.18,6.20-6.21,7.2, 13.2 ENGINEER's Status During Construction 9.3 general 6.20-6.23 Project Representative, Resident Representative, CONTRACTOR's 6.21 7 -definition of 1.33 Samples- I prompt payment by OWNER 8 3 definition of 1.34 ' Property Insurance general 6.24-6.28 Additional 5 7 Review by CONTRACTOR 6 25 general 5 6-5.10 Review by ENGINEER 6 26,6.27 Partial Utilization 5 15, 14.10.2 related Work 6.28 receipt and application of. submittal of 6.24.2 7proceeds 5.12-5.13 submittal procedures 6.25 j Protection, Safety and 6 20-6.21, 13.2 Schedule of progress 2.6,2.8-2.9,6.6, 6.29, 10.4, 15.2.1 __ Punch list 14.11 Schedule of Shop Drawing and Sample Radioactive Material- Submittals 2.6,2.8-2.9,6.24-6.28 mn definition 1.32 Schedule of Values 2.6,2.8-2.9, 14.1 I general 4.5 Schedules- OWNER's responsibility for 8.10 Adherence to 15.2.1 Recommendation of Payment 14.4, 14.5, 14.13 Adjusting 6.6 Record Documents 6.19, 14.12 Change of Contract Times 10.4 el Records, procedures for maintaining 2 8 Initially Acceptable 2.8-2.9 Reference Points 4 4 Preliminary 2.6 7 Reference to Standards and Specifications Scope of Changes 10.3-10.4 of Technical Societies 3.3 Subsurface Conditions 42.1.1 10 7 i 7 7 Article or Paragraph Article or Paragraph Number Number Shop Drawings- • Substitute Items 6.7.1.2 7i and Samples,general 6.24-6.28 Subsurface and Physical Conditions- Change Orders&Applications for Drawings of,in or relating to 4.2.1.2 Payments, and 9.7-9.9 ENGINEER's Review 4.2.4 7 definition of 1.35 general 4.2 ENGINEER's approval of 3.6.2 Limited Reliance by CONTRACTOR ENGINEER's responsibility Authorized 4.2.2 for review 9.7,6.24-6.28 Notice of Differing Subsurface or related Work 6.28 Physical Conditions 4.2.3 7 review procedures 2 8,6.24-6.28 Physical Conditions 4 2 1 2 submittal required 6.24.1 Possible Contract Documents Change 4.2.5 Submittal Procedures 6.25 Possible Price and Times Adjustments 4.2.6 use to approve substitutions 6 7 3 Reports and Drawings 4.2.1 7 Shown or Indicated 4.3.1 Subsurface and 4.2 Site Access 7.2, 13.2 Subsurface Conditions at the Site 4.2.1.1 Site Cleanliness 6.17 Technical Data 4.2.2 .7 Site,Visits to- Supervision- by ENGINEER 9.2, 13.2 CONTRACTOR's responsibility 6.1 by others 13.2 OWNER shall not supervise 8.9 "Special causes of loss" policy form, insurance 5.6.2 ENGINEER shall not supervise 9.2,9.13.2 1 Specifications- Superintendence 6.2 definition of 1.36 Superintendent, CONTRACTOR's resident 6 2 of Technical Societies, reference to 3.3.1 Supplemental costs 11.4.5 7precedence 3.3.3 Supplementary Conditions- Standards and Specifications of Technical definition of 1.39 Societies 3.3 principal reference to .... 1.10, 1.18,2.2,2.7,4.2,4.3,5.1, 7 Starting Construction, Before 2.5-2.8 5.3,5.4, 5.6-5.9,5.11, 6.8,6.13,7.4, 8.11,9.3,9.10 Starting the Work 2.4 Supplementing Contract Documents 3.6 Stop or Suspend Work- Supplier- by CONTRACTOR 15.5 definition of 1.40 by OWNER 8.8, 13.10, 15.1 principal references to 3.7, 6.5,6.8-6:11, 7 Storage of materials and equipment 4.1,7.2 6.20,6.24,9.13, 14.12 Structural Loading, Safety 6.18 Waiver of Rights 6 11 Subcontractor- - Surety_ �"� Concerning, 6.8-6.11 consent to final payment 14.12, 14.14 definition of 1.37 ENGINEER has no duty to 9.13 delays 12.3 Notification of 10.1, 10.5, 15.2 waiver of rights 6 11 qualification of 5 1-5.3 7 Subcontractors-in general 6.8-6.11 Survival of Obligations 6.34 Subcontracts-required provisions 5.11,6.11, 11.4.3 Suspend Work,OWNER May 13.10, 15.1 Submittals- Suspension of Work and Termination- 15 Applications for Payment 14.2 CONTRACTOR May Stop Work or 7 Maintenance and Operation Manuals 14.12 Terminate 15.5 Procedures 6.25 OWNER May Suspend Work 15.1 Progress Schedules 2.6,2.9 OWNER May Terminate 15.2-15.4 Samples 6.24-6.28 Taxes-Payment by CONTRACTOR 6.15 7 Schedule of Values 2.6, 14.1 Technical Data- Schedule of Shop Drawings and Limited Reliance by CONTRACTOR 4.2.2 7 Samples Submissions 2 6 2 8-2.9 Possible Price and Times Adjustments 4.2.6 Shop Drawings 6.24 6.28 Reports of Differing Subsurface and Substantial Completion- Physical Conditions 4.2.3 certification of 6.30.2.3, 14.8-14.9 Temporary construction facilities 4.1 definition of 1.38 Termination- 7 Substitute Construction Methods or Procedures 6.7.2 by CONTRACTOR 15.5 Substitutes and "Or Equal" Items 6.7 by OWNER 8.8, 15.1-15.4 CONTRACTOR's Expense 6.7.1.3 of ENGINEER'S employment 8.2 [.. ENGINEER'S Evaluation 6.7.3 Suspension of Work-in general 15 "Or-Equal" 6 7.1 Terms and Adjectives 3.4 Substitute Construction Methods of Procedures ..... 6.7.2 Tests and Inspections- 7 II 7 Article or Paragraph Article or Paragraph 7 Number Number Access to the Work,by others 13.2 Utilization, Partial 1.28, 5.15, 6.30,2.4, 14.10 CONTRACTOR's responsibilities 13.5 Value of the Work 11.3 7 cost of 13.4 Values, Schedule of 2.6,2.8-2.9, 14.1 covering Work prior to 13.6-13.7 Variations in Work-Minor Laws and Regulations(or) 13.5 Authorized 6.25,6.27,9.5 Notice of Defects 13.1 Visits of Site-by ENGINEER 9.2 "1 OWNER May Stop Work 13.10 Waiver of Claims-on Final OWNER's independent testing 13.4 Payment 14.15 special, required by ENGINEER 9.6 Waiver of Rights by insured parties 5.11, 6.11 timely notice required 13.4 Warranty and Guarantee,General-by Uncovering the Work,at ENGINEER's CONTRACTOR 6.30 request 13.8-13.9 Warranty of Title,CONTRACTOR's 14.3 Times- Work- Adjusting 6 6 Access to 13.2 Change of Contract 12 by others, Adjusting 6 6 Changes in the 6.100 Computation of 17.2 Continuing the, 7 Contract Times-definition of 1.12 CONTRACTOR May Stop Work or Terminate 15.5 day 17.72 Coordination of 7.4 Milestones 12 Cost of the 11.4-11.5 7 Requirements- definition of 1.43 appeals 16 neglected by CONTRACTOR 13.14 clarifications,claims andp 7 a� disputes 9.11, 11.2, 12 other Work Jf OWNER May Stop Work 13.10 commencement of contract times 2.3 OWNER May Suspend Work 13.10, 15..1 preconstruction conference 2.8 Related,Work at Site 7.1-7.3 schedules 2.6,2.9,6.6 Starting the 2.4 7 starting the Work 2 4 Stopping by CONTRACTOR 15.5 1 Title,Warranty of 14.3 Stopping by OWNER 15.1-15.4 Uncovering Work 13.8-13.9 Variation and deviation authorized, Underground Facilities,Physical Conditions- minor 3.6 definition of 1.41 Work Change Directive- 1 Not Shown or Indicated 4.3.2 claims pursuant to 10.2 protection of 4.3,6.20 definition of 1.44 n Shown or Indicated 4.3.1 principal references to 3.5.3, 10.1-10.2 I Unit Price Work- Written Amendment- I claims 11.9.3 definition of 1.45 definition of 1.42 principal references to ... 1.10,3.5,5.10, 5.12,6.6.2,6.8.2, 7 general 11.9, 14.1, 14.5 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Unit Prices- Written Clarifications and general 11.3.1 Interpretations 3.6.3,9.4,9.11 Determination for 9 10 Written Notice Required- 7 Use of Premises • 6.16,6.18,6.30.2.4 by CONTRACTOR 7.1,9.10-9.11, 10.4, 11.2, 12.1 I Utility owners 6.13,6.20,7.1-7.3, 13.2 by OWNER 9 10-9.11, 10.4, 11.2, 13.14 1 on 1 1 12 P P GENERAL CONDITIONS ment,together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to 7 ARTICLE I—DEFINITIONS 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 6.27 and the reports and drawings Wherever used in these General Conditions or in the other referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract C Contract Documents the following terms have the meanings Documents. indicated which are applicable to both the singular and plural thereof: 1.11. Contract Price—The moneys payable by OWNER to E CONTRACTOR for completion of the Work in accordance 1.1. Addenda—Written or graphic instruments issued prior with the Contract Documents as stated in the Agreement to the opening of Bids which clarify, correct or change the (subject to the provisions of paragraph 11.9.1 in the case of 7 Bidding Requirements or the Contract Documents. Unit Price Work). 1.2. Agreement—The written contract between OWNER 1.12. Contract Times—The numbers of days or the dates and CONTRACTOR covering the Work to be performed;other stated in the Agreement:(i)to achieve Substantial Completion, 7 Contract Documents are attached to the Agreement and made and (ii) to complete the Work so that it is ready for final a part thereof as provided therein. payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.3. Application for Payment—The form accepted by EN- 7 GINEER which is to be used by CONTRACTOR in requesting 1.13. CONTRACTOR—The person, firm or corporation progress or final payments and which is to be accompanied by with whom OWNER has entered into the Agreement. such supporting documentation as is required by the Contract Documents. 1.14. defective—An adjective which when modifying the 7 word Work refers to Work that is unsatisfactory, faulty or 1.4. Asbestos—Any material that contains more than one deficient, in that it does not conform to the Contract Docu- percent'asbestos and is friable or is releasing asbestos fibers ments,or does not meet the requirements of any inspection, into the air above current action levels established by the reference standard, 'test or approval referred to in the 7 United,States Occupational Safety and Health Administration. Contract Documents, or has been damaged prior to-ENGI- NEER's recommendation of final payment(unless responsi- 7 1.5. Bid—The offer or proposal of the bidder submitted on bility for the protection thereof has been assumed by OWNER the prescribed form setting forth the prices for the Work to be at Substantial Completion in accordance with paragraph.14.8 performed. or 14.10). 1.6. Bidding Documents—The advertisement or invitation 1.15. Drawings—The drawings which show the scope, E to Bid,instructions to bidders,the Bid form,and the proposed extent and character of the Work to be furnished and per- Contract Documents (including all Addenda issued prior to formed by CONTRACTOR and which have been prepared or receipt of Bids). approved by ENGINEER and are referred to in the Contract P Documents. Shop drawings are not Drawings as so defined. 1.7. Bidding Requirements—The advertisement or invita- tion to Bid,instructions to bidders, and the Bid form. 1.16. Effective Date of the Agreement—The date indicated 7 in the Agreement on which it becomes effective,but if no such 1.8. Bonds—Performance and Payment bonds and other date is indicated it means the date on which the Agreement is instruments of security. signed and delivered by the last of the two parties to sign and deliver. 7 1.9. Change Order—A document recommended by ENGI- NEER,which is signed by CONTRACTOR and OWNER and 1.17. ' ENGINEER—The person,firm or corporation named authorizes an addition,deletion or revision in the Work,or an as such in the Agreement. 7 adjustment in the Contract Price or the Contract Times,issued on or after the Effective Date of the Agreement. 1.18. ENGINEER's Consultant—A person,firm or corpo- ration having a contract with ENGINEER to furnish services 1.10. Contract Documents—The Agreement, Addenda as ENGINEER's independent professional associate or con- 7 (which pertain to the Contract Documents),CONTRACTOR's sultant with respect to the Project and who is identified as such Bid (including documentation accompanying the Bid and any in the Supplementary Conditions. post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the 1.19. Field Order—A written order issued by ENGINEER 7 Notice to Proceed, the Bonds, these General Conditions, the which orders minor changes in the Work in accordance with Supplementary Conditions, the Specifications and the Draw- paragraph 9.5 but which does not involve a change in the ings as the same are more specifically identified in the Agree- Contract Price or the Contract Times. 7 13 n 1 1.20. General Requirements—Sections of Division 1 of the 1.33. Resident Project Representative— The authorized rl Specifications. representative of ENGINEER who may be assigned to the site or any part thereof. 1.21. Hazardous Waste—The term Hazardous Waste shall 7 have the meaning provided in Section 1004 of the Solid Waste 1.34. Samples—Physical examples of materials,equipment, 1 Disposal Act(42 USC Section 6903)as amended from time to or workmanship that are representative of some portion of the time. Work and which establish the standards by which such portion of the Work will be judged. 1 1.22. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes 1.35. Shop Drawings—All drawings, diagrams, illustra- and orders of any and all governmental bodies, agencies, tions, schedules and other data or information which are ri authorities and courts having jurisdiction. specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of 1.23. Liens—Liens, charges, security interests or encum- the Work. brances upon real property or personal property. 1.36. Specifications—Those portions of the Contract Doc- 1 1.24. Milestone—A principal event specified in the Con- uments consisting of written technical descriptions of materi- tract Documents relating to an intermediate completion date or als,equipment,construction systems,standards and workman- time prior to Substantial Completion of all the Work. ship as applied to the Work and certain administrative details applicable thereto. 1.25. Notice of Award—The written notice by OWNER to 1 37 Subcontractor—An individual, firm or corporation the apparent successful bidder stating that upon compliance by having a direct contract with CONTRACTOR or with any 7 the apparent successful bidder with the conditions precedent other Subcontractor for the performance of a part of the Work enumerated therein, within the time specified, OWNER willat the site. sign and deliver the Agreement. 7 1.26. Notice to Proceed—A written notice given by OWNER 1.38. Substantial Completion—The Work (or a specified to CONTRACTOR (with a copy to ENGINEER) fixing the part thereof)has progressed to the point where,in the opinion of ENGINEER as evidenced by ENGINEER'S definitive date on which the Contract Times will commence to run and on certificate of Substantial Completion, it is sufficiently corn- which CONTRACTOR shall start to perform CONTRAC- plete,in accordance with the Contract Documents,so that the TOR's obligations under the Contract Documents. Work (or specified part) can be utilized for the purposes for which it is intended;or if no such certificate is issued,when the 1.27. OWNER—The public body or authority, corpora- Work is complete and ready for final payment as evidenced by tion, association, firm or person with whom CONTRACTOR ENGINEER's written recommendation of final payment in has entered into the Agreement and for whom the Work is to be accordance with paragraph 14.13. The terms "substantially provided. complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.28. Partial Utilization—Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is 1.39. Supplementary Conditions—The part of the Contract 0"i intended(or a related purpose)prior to Substantial Completion Documents which amends or supplements these General Con- of all the Work. ditions. 1.29. PCBs—Polychlorinated biphenyls. 1.40. Supplier—A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with 1.30. Petroleum—Petroleum, including crude oil or any CONTRACTOR or with any Subcontractor to furnish materi- fraction thereof which is liquid at standard conditions of als or equipment to be incorporated in the Work by CON- 7 temperature and pressure (60 degrees Fahrenheit and 14.7 TRACTOR or any Subcontractor. pounds per square inch absolute), such as oil, petroleum,fuel oil,oil sludge,oil refuse,gasoline,kerosene,and oil mixed with 1.41. Underground Facilities—All pipelines,conduits,ducts, other non-Hazardous Wastes and crude oils. cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments,and any encasements containing such 1 1.31. Project—The total construction of which the Work to facilities which have been installed underground to furnish any be provided under the Contract Documents may be the whole, of the following services or materials:electricity,gases,steam, or a part as indicated elsewhere in the Contract Documents. liquid petroleum products, telephone or other communica- tions,cable television,sewage and drainage removal,traffic or J 1.32. Radioactive Material—Source, special nuclear, or other control systems or water. byproduct material as defined by the Atomic Energy Act of F" 1954(42 USC Section 2011 et seq.) as amended from time to 1.42. Unit Price Work—Work to be paid for on the basis of time. unit prices. 14 1 E • 7 1.43. Work—The entire completed construction or the var- Contract Times commence to run later than the sixtieth day after ious separately identifiable parts thereof required to be fur- the day of Bid opening or the thirtieth day after the Effective Date nished under the Contract Documents. Work includes and is of the Agreement,whichever date is earlier. 7 the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, Starting the Work: and performing or furnishing services and furnishing docu- ments,all as required by the Contract Documents. 2.4. CONTRACTOR shall start to perform the Work on the 7 date when the Contract Times commence to run,but no Work 1.44. Work Change Directive—A written directive to CON- shall be done at the site prior to the date on which the Contract TRACTOR, issued on or after the Effective Date of the Times commence to run. E Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition,deletion or revision in the Before Starting Construction: Work,or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in 2.5. Before undertaking each part of the Work, CON- E paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23.A TRACTOR shall carefully study and compare the Contract Work Change Directive will not change the Contract Price or Documents and check and verify pertinent figures shown the Contract Times,but is evidence that the parties expect that thereon and all applicable field measurements. CONTRAC- the change directed or documented by a Work Change Direc- TOR shall promptly report in writing to ENGINEER any 7 tive will be incorporated in a subsequently issued Change conflict, error, ambiguity or discrepancy which CONTRAC- Order following negotiations by the parties as to its effect, if TOR may discover and shall obtain a written interpretation or any, on the Contract Price or Contract Times as provided in clarification from ENGINEER before proceeding with any paragraph 10.2. Work affected thereby;however, CONTRACTOR shall not be E liable to OWNER or ENGINEER for failure to report any 1.45. Written Amendment—A written amendment of the conflict,error, ambiguity or discrepancy in the Contract Doc- 7 Contract Documents,signed by OWNER and CONTRACTOR uments, unless CONTRACTOR knew or reasonably should on or after the Effective Date of the Agreement and normally have known thereof. dealing with the nonengineering or nontechnical rather than 2 6 Within ten days after the Effective Date of the Agree- strictly construction-related aspects of the Contract Docu ments. ment(unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 7 2.6.1. a preliminary progress schedule indicating the times(numbers of days or dates)for starting and completing 7 ARTICLE 2—PRELIMINARY MATTERS the various stages of the Work, including any Milestones specified in the Contract Documents; • 2.6.2. a preliminary schedule of Shop Drawing and Sam- • Delivery of Bonds: ple submittals which will list each required submittal and the times for submitting,reviewing and processing such submit- 2.1. When CONTRACTOR delivers the executed Agree- tal; 7 ments to OWNER, CONTRACTOR shall also deliver to 2.6.3. a preliminary schedule of values for all of the OWNER such Bonds as CONTRACTOR may be required to Work which will include quantities and prices of items furnish in accordance with paragraph 5.1. aggregating the Contract Price and will subdivide the Work E into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will Copies of Documents: include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.2. OWNER shall furnish to CONTRACTOR up to ten 7 copies(unless otherwise specified in the Supplementary Con- 2.7. Before any Work at the site is started,CONTRACTOR ditions) of the Contract Documents as are reasonably neces- and OWNER shall each deliver to the other, with copies to sary for the execution of the Work. Additional copies will be each additional insured identified in the Supplementary Condi- • furnished,upon request,at the cost of reproduction. tions,certificates of insurance(and other evidence of insurance C which either of them or any additional insured may reasonably request)which CONTRACTOR and OWNER respectively are Commencement of Contract Times;Notice to Proceed: required to purchase and maintain in accordance with para- 7 graphs 5.4,5.6 and 5.7. 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement,or,if a Notice Preconstruction Conference: E 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 2.8. Within twenty days after the Contract Times start to after the Effective Date of the Agreement. In no event will the run, but before any Work at the site is started, a conference 7 15 1 attended by CONTRACTOR, ENGINEER and others as ap- cations and interpretations of the Contract Documents shall be fl propriate will be held to establish a working understanding issued by ENGINEER as provided in paragraph 9.4. among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop '1Drawings and other submittals, processing Applications for 3.3.Reference to Standards and Specifications of Technical • Societies;Reporting and Resolving Discrepancies: Payment and maintaining required records. 3.3.1. Reference to standards,specifications,manuals or Initially Acceptable Schedules: 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 2.9. Unless otherwise provided in the Contract Docu mean the latest standard, specification, manual, code or ments,at least ten days before submission of the first Applica- 7 Laws or Regulations in effect at the time of opening of Bids tion for Payment a conference attended by CONTRACTOR, (or,on the Effective Date of the Agreement if there were no ENGINEER and others as appropriate will be held to review Bids), except as may be otherwise specifically stated in the for acceptability to ENGINEER as provided below the sched Contract Documents. ules submitted in accordance with paragraph 2.6.CONTRAC- TOR shall have an additional ten days to make corrections and 3.3.2. If, during the performance of the Work, CON- adjustments and to complete and resubmit the schedules. No TRACTOR discovers any conflict, error, ambiguity or dis- progress payment shall be made to CONTRACTOR until the crepancy within the Contract Documents or between the7 schedules are submitted to and acceptable to ENGINEER as Contract Documents and any provision of any such Law or provided below. The progress schedule will be acceptable to• Regulation applicable to the performance of the Work or of ENGINEER as providing an orderly progression of the Work any such standard, specification, manual or code or of any to completion within any specified Milestones and the Contract instruction of any Supplier referred to in paragraph 6.5, Times, but such acceptance will neither impose on ENGI- CONTRACTOR shall report it to ENGINEER in writing at NEER responsibility for the sequencing,scheduling or progress once,and,CONTRACTOR shall not proceed with the Work of the Work nor interfere with or relieve CONTRACTOR from affected thereby (except in an emergency as authorized by 1 CONTRACTOR's full responsibility therefor.CONTRACTOR's paragraph 6.23) until an amendment or supplement to the schedule of Shop Drawing and Sample submissions will be Contract Documents has been issued by one of the methods acceptable to ENGINEER as providing a workable arrange- indicated in paragraph 3.5 or 3.6; provided, however, that ment for reviewing and processing the required submittals. CONTRACTOR shall not be liable to OWNER or ENGI- CONTRACTOR's schedule of values will be acceptable to NEER for failure to report any such conflict,error,ambigu- ENGINEER as to form and substance. - ity or discrepancy unless CONTRACTOR knew or reason- . ably should have known thereof. 1 3.3.3. Except as otherwise specifically stated in the ARTICLE 3—CONTRACT DOCUMENTS: INTENT, Contract Documents or as may be provided by amendment AMENDING, REUSE or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6,the provisions of the Contract i Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of Intent: the Contract Documents and: • 1 3.3.3.1. the provisions of any such standard,speci- 3.1. The Contract Documents comprise the entire agree- fication, manual, code or instruction (whether or not r- ment between OWNER and CONTRACTOR concerning the specifically incorporated by reference in the Contract Work. The Contract Documents are complementary; what is Documents); or ' called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the 3.3.3.2. the provisions of any such Laws or Regu- 7 law of the place of the Project. lations applicable to the performance of the Work 1 (unless such an interpretation of the provisions of the 3.2. It is the intent of the Contract Documents to describe Contract Documents would result in violation of such a functionally complete Project (or part thereof) to be con- Law or Regulation). 7 structed in accordance with the Contract Documents. Any Work,materials or equipment that may reasonably be inferred No provision of any such standard,specification,manual, from the Contract Documents or from prevailing custom or code or instruction shall be effective to change the duties and trade usage as being required to produce the intended result responsibilities of OWNER,CONTRACIURorENGINEER, will be furnished and performed whether or not specifically or any of their subcontractors, consultants, agents, or em- 1 called for. When words or phrases which have a well- known ployees from those set forth in the Contract Documents,nor technical or construction industry or trade meaning are used to shall it be effective to assign to OWNER, ENGINEER or describe Work,materials or equipment,such words or phrases any of ENGINEER's Consultants,agents or employees any shall be interpreted in accordance with that meaning. Clarifi- duty or authority to supervise or direct the furnishing or 7 16 7 . 7 performance of the Work or any duty or authority to under- of the Drawings,Specifications or other documents(or copies take responsibility inconsistent with the provisions of para- of any thereof)prepared by or bearing the seal of ENGINEER graph 9.13 or any other provision of the Contract Docu- or ENGINEER's Consultant, and (ii) shall not reuse any of C ments. such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written 3.4. Whenever in the Contract Documents the terms"as consent of OWNER and ENGINEER and specific written ordered," "as directed," "as required," "as allowed," "as verification or adaption by ENGINEER. 7 approved" or terms of like effect or import are used,or the adjectives"reasonable,""suitable,""acceptable, 'proper" or "satisfactory" or adjectives of like effect or import are 7 used to describe a requirement, direction, review or judg- ARTICLE 4—AVAILABILITY OF LANDS; ment of ENGINEER as to the Work,it is intended that such SUBSURFACE AND PHYSICAL requirement, direction,review or judgment will be solely to CONDITIONS;REFERENCE POINTS evaluate, in general, the completed Work for compliance C 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 Availability of Lands: indicated in the Contract Documents (unless there is a C specific statement indicating otherwise).The use of any such 4 1. OWNER shall furnish, as indicated in the Contract term or adjective shall not be effective to assign to ENGI- 4.1. OWNER shall furnish, as indicated in the Contract NEER any duty or authority to supervise or direct the Documents,the lands upon which the Work is to be performed, 7 furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- rights-of-way and easements for access thereto,and such other lands which are designated for the use of CONTRACTOR. sions of paragraph 9.13 or any other provision of the Upon reasonable written request,OWNER shall furnish CON- Contract Documents. TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be E performed and OWNER's interest therein as necessary for Amending and Supplementing Contract Documents: giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER 3.5. The Contract Documents may be amended to provide shall identify any encumbrances or restrictions not of general 7. for additions,deletions and revisions in the Work or to modify application but specifically related to use of lands so furnished the terms and conditions thereof in one or more of the following with whiWorch CONTRACTORsemenu fp will have ve tost complyes inor permanent ing 7 ways: the changes in existing facilities will be obtained and paid for by 3.5.1. a formal Written Amendment, OWNER, unless otherwise provided in the Contract Docu- ments.If CONTRACTOR and OWNER are unable to agree on 7 3.5.2. a Change Order(pursuant to paragraph 10.4), or Coitlement to or the amount or extent of any adjustments in the ntract Price or the Contract Times as a result of any delay in Change Directive(pursuant to OWNER'S furnishing these lands,rights-of-way or easements, 3.5.3. a Wort. g paragraph 10.1). CONTRACTOR may make a claim therefor as provided in 7 Articles 11 and 12. CONTRACTOR shall provide for all 3.6. In addition, the requirements of the Contract Docu- additional lands and access thereto that may be required for ments may be supplemented,and minor variations and devia- temporary construction facilities or storage of materials and 7 tions in the Work may be authorized, in one or more of the equipment. following ways: 3.6.1. a Field Order(pursuant to paragraph 9.5), 4.2.Subsurface and Physical Conditions: E3.6.2. ENGINEER's approval of a Shop Drawing or 4.2.1. Reports and Drawings: Reference is made to the Sample(pursuant to paragraphs 6.26 and 6.27),or Supplementary Conditions for identification of: 3.6.3. ENGINEER's written interpretation or clarifica- 4.2.1.1. Subsurface Conditions:Those reports of explo- tionL (pursuant to paragraph 9.4). rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing 7 the Contract Documents;and Reuse of Documents: 4.2.1.2. Physical Conditions:Those drawings of physical 7 3.7. CONTRACTOR, and any Subcontractor or Supplier conditions in or relating to existing surface or subsurface or other person or organization performing or furnishing any of structures at or contiguous to the site(except Underground the Work under a direct or indirect contract with OWNER(i) Facilities)that have been utilized by ENGINEER in prepar- shall not have or acquire any title to or ownership rights in any ing the Contract Documents. 7 17 1 • 4.2.2. Limited Reliance by CONTRACTOR Authorized; 4.2.5. Possible Contract Documents Change: If ENGI- ri Technical Data: CONTRACTOR may rely upon the general NEER concludes that a change in the Contract Documents is accuracy of the"technical data"contained in such reports and required as a result of a condition that meets one or more of the drawings, but such reports and drawings are not Contract categories in paragraph 4.2.3., a Work Change Directive or a Documents.Such"technical data" is identified in the Supple- Change Order will be issued as provided in Article 10 to reflect mentary Conditions. Except for such reliance on such "tech- and document the consequences of such change. nical data," CONTRACTOR may not rely upon or make any claim against OWNER,ENGINEER or any of ENGINEER'S 4.2.6. Possible Price and Times Adjustments:An equitable 1 Consultants with respect to: adjustment in the Contract Price or in the Contract Times,or both, will be allowed to the extent that the existence of such 4.2.2.1. the completeness of such reports and drawings uncovered or revealed condition causes an increase or de- 1 for CONTRACTOR's purposes, including, but not limited crease in CONTRAC;IUR's cost of, or time required for performance of,the Work;subject, however,to the following: to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safetyprecautions andprograms inci- 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, 1 dent thereto,or inclusive; 4.2.2.2. other data, interpretations, opinions and infor- 4.2.6.2. a change in the Contract Documents pursuant to mation contained in such reports or shown or indicated in paragraph 4.2.5 will not be an automatic authorization of nor 7 such drawings,or a condition precedent to entitlement to any such adjustment; 4.2.2.3. any CONTRACTOR interpretation of or conclu 4.2.6.3. with respect to Work that is paid for on a Unit sion drawn from any "technical data" or any such data, Price Basis,any adjustment in Contract Price will be subject interpretations,opinions or information. to the provisions of paragraphs 9.10 and 11.9;and 7 4.2.3. Notice of Differing Subsurface or Physical Condi- 4.2.6.4. CONTRACTOR shall not be entitled to any i Lions: If CONTRACTOR believes that any subsurface or adjustment in the Contract Price or Times if; physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final J 4.2.3.1. is of such a nature as to establish that any commitment to OWNER in respect of Contract Price and "technical data" on which CONTRACTOR is entitled to Contract Times by the submission of a bid or becoming rely as provided in paragraphs 4.2.1 and 4.2.2 is materially bound under a negotiated contract;or inaccurate,or 4.2.6.4.2. the existence of such condition could rea- 4.2.3.2. is of such a nature as to require a change in the sonably have been discovered or revealed as a result of 1 Contract Documents,or any examination,investigation,exploration,test or study of the site and contiguous areas required by the Bidding 4.2.3.3. differs materially from that shown or indicated in Requirements or Contract Documents to be conducted by the Contract Documents, or or for CONTRACTOR prior to CONTRACTOR'S making 1 such final commitment;or 4.2.3.4. is of an unusual nature, and differs materially from conditions.ordinarily encountered and generally recog- 4.2.6.4.3. CONTRACTOR failed to give the written rl nized as inherent in work of the character provided for in the notice within the time and as required by paragraph 4.2.3. J! Contract Documents;then If OWNER and CONTRACTOR are unable to agree on r— and shall,promptly after becoming aware thereof entitlement to or as to the amount or length of any such and before further disturbing conditions affected thereby or equitable adjustment in the Contract Price or Contract Times, performing any Work in connection therewith (except in an a claim may be made therefor as provided in Articles 11 and 12. emergency as permitted by paragraph 6.23), notify OWNER However,OWNER,ENGINEER and ENGINEER'S Consult- and ENGINEER in writing about such condition.CONTRAC- ants shall not be liable to CONTRACTOR for any claims, TOR shall not further disturb such conditions or perform any costs,losses or damages sustained by CONTRACTOR on or in Work in connection therewith (except as aforesaid) until re- connection with any other project or anticipated project. ceipt of written order to do so. 1 4.2.4. ENGINEER's Review: ENGINEER will promptly 4.3.Physical Conditions—Underground Facilities: review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- 4.3.1. Shown or Indicated:The information and data shown spect thereto and advise OWNER in writing (with a copy to or indicated in the Contract Documents with respect to existing CONTRACTOR) of ENGINEER's findings and conclusions. Underground Facilities at or contiguous to the site is based on 18 1 7 7 information and data furnished to OWNER or ENGINEER by without the prior written approval of OWNER. CONTRAC- the owners of such Underground Facilities or by others.Unless it TOR shall report to ENGINEER whenever any reference is otherwise expressly provided in the Supplementary Conditions: point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be respon- 7 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accurate replacement or relocation of such refer- sible for the accuracy or completeness of any such informa- ence points by professionally qualified personnel. tion or data;and 4.5. Asbestos,PCBs,Petroleum,Hazardous Waste or Radio- 7 4.3.1.2. The cost of all of the following will be included in active Material: the Contract Price and CONTRAC:IOR shall have full respon- sibility for:(i)reviewing and checking all such information and 4.5.1. OWNER shall be responsible for any Asbestos, . 7: data,(ii)locating all Underground Facilities shown or indicated in the Contract Documents,(iii)coordination of the Work with PCBs, Petroleum, Hazardous Waste or Radioactive Materialuncovered or revealed at the site which was not shown or the owners of such Underground Facilities during construction, indicated in Drawings or Specifications or identified in the and (iv) the safety and protection of all such Underground Contract Documents to be within the scope of the Work and 7 Facilities as provided in paragraph 6.20 and repairing any which may present a substantial danger to persons or property damage thereto resulting from the Work. exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials P. 4.3.2. Not Shown or Indicated:If an Underground Facility brought to the site by CONTRACTOR,Subcontractor,Suppli- L is uncovered or revealed at or contiguous to the site which was ers or anyone else for whom CONTRAC lUR is responsible. not shown or indicated in the Contract Documents, CON- 4.5.2. CONTRACTOR shall immediately: (i) stop all TRACTOR shall, promptly after becoming aware thereof and Work in connection with such hazardous condition and in 7 before further disturbing conditions affected thereby or per- any area affected thereby (except in an emergency as re- forming any Work in connection therewith (except in an quired by paragraph 6.23), and (ii) notify OWNER and emergency as required by paragraph 6.23), identify the owner ENGINEER(and thereafter confirm such notice in writing). of such Underground Facility and give written notice to that C OWNER shall promptly consult with ENGINEER concern owner and to OWNER and ENGINEER. ENGINEER will ing the necessity for OWNER to retain a qualified expert to promptly review the Underground Facility and determine the evaluate such hazardous condition or take corrective action, extent, if any, to.which a change is required in the Contract if any.CONTRACTOR shall not be required to resume Work Documents to reflect and document the consequences of the in connection with such hazardous condition or in any such 7 existence of the Underground Facility. If ENGINEER con- affected area until after OWNER has obtained any required eludes that a change in the Contract Documents is required,a permits related thereto and delivered to CONTRACTOR rWork Change Directive or a Change Order will be issued as special written notice: (i)specifying that such condition and r provided in Article 10 to reflect and document such conse- quences. any affected area is or has been rendered safe for the f— During such time, CONTRACTOR shall be respon- resumption of Work,or(ii)specifying any special conditions sible for the safety and protection of such Underground Facility under which such Work may be resumed safely.If OWNER as provided in paragraph 6.20. CONTRACTOR shall. be al- 7. and CONTRACTOR cannot agree as to entitlement to or the lowed an increase in the Contract Price or an extension of the amount or extent of an adjustment,if any,in Contract Price Contract Times,or both,to the extent that they are attributable or Contract Times as a result of such Work stoppage or such to the existence of any Underground Facility that was not special conditions under which Work is agreed by CON- 7 shown or indicated in the Contract Documents and that CON- TRACTOR to be resumed, either party may make a claim TRACTOR did not know of and could not reasonably have therefor as provided in Articles 11 and 12. been expected to be aware of or to have anticipated. If 7OWNER and CONTRACTOR are unable to agree on entitle- 4.5.3. If after receipt of such special written notice ment to or the amount or length of any such adjustment in CONTRACTOR does not agree to resume such Work based Contract Price or Contract Times,CONTRACTOR may make on a reasonable belief it is unsafe, or does not agree to a claim therefor as provided in Articles 11 and 12. However, resume such Work under such special conditions, then till OWNER, ENGINEER and ENGINEER's Consultants shall OWNER may order such portion of the Work that is in C ' not be liable to CONTRACTOR for any claims,costs,losses or connection with such hazardous condition or in such af- damages incurred or sustained by CONTRACTOR on or in fected area to be deleted from the Work. If OWNER and connection with any other project or anticipated project. CONTRACTOR cannot agree as to entitlement to or the 7 amount or extent of an adjustment,if any, in Contract Price or Contract Times as a result of deleting such portion of the Reference Points: Work, then either party may make a claim therefor as • provided in Articles 11 and 12. OWNER may have such 7 4.4. OWNER shall provide engineering surveys to estab- deleted portion of the Work performed by OWNER'S own lish reference points for construction which in ENGINEER'S forces or others in accordance with Article 7. judgment are necessary to enable CONTRACTOR to proceed with the Work.CONTRACTOR shall be responsible for laying 4.5.4. To the fullest extent permitted by Laws and Reg- 7 out the Work, shall protect and preserve the established ulations,OWNER shall indemnify and hold harmless CON- reference points and shall make no changes or relocations TRACTOR, Subcontractors, ENGINEER, ENGINEER'S E 19 7 Consultants and the officers, directors, employees, agents, companies that are duly licensed or authorized in the juris- other consultants and subcontractors of each and any of diction in which the Project is located to issue Bonds or them from and against all claims,costs,losses and damages insurance policies for the limits and coverages so required. P.ra arising out of or resulting from such hazardous condition, Such surety and insurance companies shall also meet such provided that: (i) any such claim, cost, loss or damage is additional requirements and qualifications as may be pro- attributable to bodily injury,sickness,disease or death,or to vided in the Supplementary Conditions. injury to or destruction of tangible property (other than the r` Work itself), including the loss of use resulting therefrom, 5.3.2. CONTRACTOR shall deliver to OWNER, with II and (ii) nothing in this subparagraph 4.5.4 shall obligate copies to each additional insured identified in the Supple- OWNER to indemnify any person or entity from and against mentary Conditions, certificates of insurance (and other the consequences of that person's or entity's own negli- evidence of insurance requested by OWNER or any other 7 gence. additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not OWNER shall deliver to CONTRACTOR, with copies to intended to apply to Asbestos,PCBs,Petroleum,Hazardous each additional insured identified in the Supplementary i Waste or Radioactive Material uncovered or revealed at the Conditions, certificates of insurance(and other evidence of site. • 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. ' ARTICLE 5—BONDS AND INSURANCE 7CONTRACTOR'S Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such Performance,Payment and Other Bonds: liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection 5.1. CONTRACTOR shall furnish Performance and Pay- from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the ment Bonds,each in an amount at least equal to the Contractri Price as security for the faithful performance and payment of Work and CONTRACTOR'S other obligations under the Con tract Documents,whether it is to be performed or furnished by all CONTRACTOR'S obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one CONTRACTOR,any Subcontractor or Supplier,or by anyone directly year after the date when final payment becomes due,except as or indirectly employed by any of them to perform or ,,.1 h of provided otherwise by Laws or Regulations or by the Contract furnish any of the Work, or by anyone for wose acts any Documents. CONTRACTOR shall also furnish such other them may be liable: Bonds as are required by the Supplementary Conditions. All 5.4.1. claims under workers' compensation, disability r° Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, benefits and other similar employee benefit acts; and shall be executed by such sureties as are named in the 5.4.2. claims for damages because of bodily injury, oc- ` current list of"Companies Holding Certificates of Authority as ' i Acceptable Sureties on Federal Bonds and as Acceptable cupational sickness or disease, or death of CONTRAC- Reinsuring Companies"as published in Circular 570(amended) TOR's employees; I by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an 5.4.3. claims for damages because of bodily injury,sick- r-f agent must be accompanied by a certified copy of such agent's ness or disease, or death of any person other than CON- i I authority to act. TRACTOR's employees; 5.2. If the surety on any Bond furnished by CONTRAC- 5.4.4. claims for damages insured by customary personal r'I TOR is declared a bankrupt or becomes insolvent or its right to injury liability coverage which are sustained: (i) by any j do business is terminated in any state where any part of the person as a result of an offense directly or indirectly related Project is located or it ceases to meet the requirements of to the employment of such person by CONTRACTOR,or(ii) paragraph 5.1,CONTRACTOR shall within ten days thereafter by any other person for any other reason; substitute another Bond and surety, both of which must be 1 acceptable to OWNER. 5.4.5. claims for damages,other than to the Work itself, because of injury to or destruction of tangible property 7 wherever located, including loss of use resulting therefrom; 5.3.Licensed Sureties and Insurers;Certificates of Insurance: and • 5.3.1. All Bonds and insurance required by the Contract 5.4.6. claims for damages because of bodily injury or 7 Documents to be purchased and maintained by OWNER or death of any person or property damage arising out of the I CONTRACTOR shall be obtained from surety or insurance ownership,maintenance or use of any motor vehicle. n 20 7 The policies of insurance so required by this paragraph 5.4 to ante upon the Work at the site in the amount of the full be purchased and maintained shall: replacement cost thereof(subject to such deductible amounts as may be provided in the Supplementary Conditions or 5.4.7. with respect to insurance required by paragraphs required by Laws and Regulations).This insurance shall: 5.4.3 through 5.4.6 inclusive, include as additional insureds ' (subject to any customary exclusion in respect of profes- 5.6.1. include the interests of OWNER, CONTRAC- sional liability)OWNER,ENGINEER,ENGINEER's Con- TOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as Supplementary Conditions,each of whom is deemed to have additional insureds,and include coverage for the respective an insurable interest and shall be listed as an insured or officers and employees of all such additional insureds; additional insured; L 5.4.8. include the specific coverages and be written for LLLL not less than the limits of liability provided in the Supple- 5.6.2. be written on a Builder's Risk "all-risk" or open mentary Conditions or required by Laws or Regulations, peril or special causes of loss policy form that shall at least 7 whichever is greater; include insurance for physical loss or damage to the Work, temporary buildings,falsework and Work in transit and shall 5.4.9. include completed operations insurance; insure against at least the following perils fire, lightning, extended coverage,theft,vandalism and malicious mischief, 5.4.10. include contractual liability insurance covering earthquake,collapse,debris removal,demolition occasioned LCONTRACTOR's indemnity obligations under paragraphs by enforcement of Laws and Regulations, water damage, 6.12,6.16 and 6.31 through 6.33; and such other perils as may be specifically required by the 7' 5.4.11. contain a provision or endorsement that the Supplementary Conditions; coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written 5.6.3. include expenses incurred in the repair or replace • - notice has been given to OWNER and CONTRACTOR and ment of any insured property (including but not limited to to each other additional insured identified in the Supplemen- fees and charges of engineers and architects); L tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the 5.6.4. cover materials and equipment stored at the site or CONTRACTOR pursuant to paragraph 5.3.2 will so pro. at another location that was agreed to in writing by OWNER 7......._ vide); prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- 5.4.12. remain in effect at least until final payment and at tion for Payment recommended by ENGINEER;and 7 all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance 5.6.5. be maintained in effect until final payment is made with paragraph 13.12;and unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice r 5.4.13. with respect to completed operations insurance, to each other additional insured to whom a certificate of and any insurance coverage written on a claims made basis, insurance has been issued. remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other 5.7. OWNER shall purchase and maintain such boiler and additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued machinery insurance or additional property insurance as may evidence satisfactory to OWNER and any such additional be required by the Supplementary Conditions or Laws and insured of continuation of such insurance at final payment Regulations which will include the interests of OWNER, 7and one year thereafter). CONTRACTOR,Subcontractors,ENGINEER,ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have 7 OWNER's Liability Insurance: an insurable interest and shall be listed as an insured or additional insured. 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4,OWNER,at OWNER's7 5.8. All the policies of insurance (and the certificates or option, may purchase and maintain at OWNER's expense other evidence thereof) required to be purchased and main- OWNER's own liability insurance as will protect OWNER tained by OWNER in accordance with paragraphs 5.6 and 5.7 against claims which may arise from operations under the will contain a provision or endorsement that the coverage 7 Contract Documents. afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been Property Insurance: given to OWNER and CONTRACTOR and to each other 5.6. Unless otherwise provided in the Supplementary Con- additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with ditions, OWNER shall purchase and maintain property insur- paragraph 5.11. 7 21 7 rn 5.9. OWNER shall not be responsible for purchasing and 5.11.2.2. loss or damage to the completed Project or maintaining any property insurance to protect the interests of part thereof caused by,arising out of or resulting from fire 1 or other insured peril covered by any property insurance CONTRACTOR, Subcontractors or others in the Work to the maintained on the completed Project or part thereof by extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph tified deductible amount, will be borne by CONTRACTOR, 14.8 or after final payment pursuant to paragraph 14.13. Subcontractor or others suffering any such loss and if any of Any insurance policy maintained by OWNER covering any them wishes property insurance coverage within the limits of loss,damage or consequential loss referred to in this paragraph I such amounts, each may purchase and maintain it at the 5.11.2 shall contain provisions to the effect that in the event of purchaser's own expense. payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- 7 5.10. If CONTRACTOR requests in writing that other TRACTOR,Subcontractors,ENGINEER,ENGINEER'S Con- i special insurance be included in the property insurance policies sultants and the officers, directors, employees and agents of provided under paragraphs 5.6 or 5.7,OWNER shall,if possi- any of them. ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order.or Receipt and Application of Insurance Proceeds Written Amendment. Prior to commencement of the Work at 5 12 Any insured loss under the policies of insurance the site, OWNER shall in writing advise CONTRACTOR required by paragraphs 5.6 and 5.7 will be adjusted with Oer or not such other insurance has been procured by OWNER and made payable to OWNER as fiduciary for the OWNER. insureds,as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. r..,l 5.11. Waiver of Rights: OWNER shall deposit in a separate account any money so , received,and shall distribute it in accordance with such agree- 1 5.11.1. OWNER and CONTRACTOR intend that all ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or policies purchased in accordance with paragraphs 5.6 and replaced, the moneys so received applied on account thereof 5.7 will protect OWNER,CONTRACTOR,Subcontractors, and the Work and the cost thereof covered by an appropriate ENGINEER,ENGINEER'S Consultants and all other per Change Order or Written Amendment. sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies 5.13. OWNER as fiduciary shall have power to adjust and and will provide primary coverage for all losses and damages settle any loss with the insurers unless one of the parties in caused by the perils covered thereby. All such policies shall interest shall object in writing within fifteen days after the contain provisions to the effect that in the event of payment occurrence of loss to OWNER's exercise of this power.If such of any loss or damage the insurers will have no rights of objection be made,OWNER as fiduciary shall make settlement 1 recovery against any of the insureds or additional insureds with the insurers in accordance with such agreement as the thereunder. OWNER and CONTRACTOR waive all rights parties in interest may reach. If no such agreement among the against each other and their respective officers, directors, parties in interest is reached,OWNER as fiduciary shall adjust employees and agents for all losses and damages caused by, and settle the loss with the insurers and,if required in writing arising out of or resulting from any of the perils covered by by any party in interest,.OWNER as fiduciary shall give bond such policies and any other property insurance applicable to for the proper performance of such duties. the Work; and, in addition, waive all such rights against 1 Subcontractors, ENGINEER, ENGINEER'S Consultants Acceptance of Bonds and Insurance;Option to Replace: and all other persons or entities identified in the Supplemen- 5.14. If either party(OWNER or CONTRACTOR)has any tary Conditions to be listed as insureds or additional insureds objection to the coverage afforded by or other provisions of the under such policies for losses and damages so caused.None Bonds or insurance required to be purchased and maintained of the above waivers shall extend to the rights that any party by the other party in accordance with Article 5 on the basis of making such waiver may have to the proceeds of insurance non-conformance with the Contract Documents,the objecting en held by OWNER as trustee or otherwise payable under any party shall so notify the other party in writing within ten days policy so issued. • after receipt of the certificates (or other evidence requested) required by paragraph 2.7.OWNER and CONTRACTOR shall 5.11.2. In addition, OWNER waives all rights against each provide to the other such additional information in respect CONTRACTOR, Subcontractors, ENGINEER, ENGI- of insurance provided as the other may reasonably request. If NEER's Consultants and the officers,directors, employees either party does not purchase or maintain all of the Bonds and and agents of any of them,for: insurance required of such party by the Contract Documents, • such party shall notify the other party in writing of such failure 1 5.11.2.1. loss due to business interruption,loss of use to purchase prior to the start of the Work,or of such failure to I or other consequential loss extending beyond direct phys- maintain prior to any change in the required coverage.Without ical loss or damage to OWNER's property or the Work prejudice to any other right or remedy, the other party may�l caused by, arising out of or resulting from fire or other elect to obtain equivalent Bonds or insurance to protect such peril, whether or not insured by OWNER;and other party's interests at the expense of the party who was 22 1 r • r. required to provide such coverage, and a Change Order shall CONTRACTOR will not permit overtime work or the perfor- be issued to adjust the Contract Price accordingly. mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. Partial Utilization Property Insurance: 6.4. Unless otherwise specified in the General Require- 5.15. If OWNER finds it necessary to occupy or use a meats, CONTRACTOR shall furnish and assume full respon- portion or portions of the Work prior to Substantial Completion sibility for all materials, equipment,labor,transportation,con- of all the Work,such use or occupancy may be accomplished in struction equipment and machinery, tools, appliances, fuel, accordance with paragraph 14.10;provided that no such use or power,light,heat,telephone,water, sanitary facilities,tempo- occupancy shall commence before the insurers providing the rary facilities and all other facilities and incidentals necessary 7 property insurance have acknowledged notice thereof and in for the furnishing, performance, testing, start-up and comple- writing effected any changes in coverage necessitated thereby. tion of the Work. The insurers providing the property insurance shall consent by 7 endorsement on the policy or policies,but the property insur- 6.5. All materials and equipment shall be of good quality L, ance shall not be cancelled or permitted to lapse on account of and new, except as otherwise provided in the Contract Docu- any such partial use or occupancy. meats. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. r If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence(including reports of required tests)as to ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES the kind and quality of materials and equipment. All materials and equipment shall be applied,installed,connected,erected, 7 used,cleaned and conditioned in accordance with instructions of the applicable Supplier,except as otherwise provided in the Contract Documents. Supervision and Superintendence: 6.1. CONTRACTOR shall supervise,inspect and direct the progress Schedule: Work competently and efficiently, devoting such attention ( thereto and applying such skills and expertise as may be 6.6. CONTRACTOR shall adhere to the progress schedule necessary to perform the Work in accordance with the Con-tract Documents. CONTRACTOR shall be solely responsible -established in accordance with paragraph 2.9 as it may be ad'usted from time to time as provided below: li ' for the means,methods,techniques,sequences and procedures J L r of construction, but CONTRACTOR shall not be responsible 6.6.1. CONTRACTOR shall submit to ENGINEER for for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of acceptance (to the extent indicated in paragraph 2.9) pro- construction which is shown or indicated in and expressly posed adjustments in the progress schedule that will not 7, required by the Contract Documents.CONTRACTOR shall be change the Contract Times (or Milestones). Such adjust- responsible to see that the completed Work complies accu- ments will conform generally to the progress schedule then rately with the Contract Documents. in effect and additionally will comply with any provisions of the General Requirements applicable thereto. C. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who 6.6.2. Proposed adjustments in the progress schedule shall not be replaced without written notice to OWNER and that will change the Contract Times(or Milestones)shall be cl. ENGINEER except under extraordinary circumstances. The submitted in accordance with the requirements of paragraph superintendent will be CONTRACTOR'S representative at the 12.1. Such adjustments may only be made by a Change site and shall have authority to act on behalf of CONTRAC- Order or Written Amendment in accordance with Article 12. TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. 6.7. Substitutes and "Or Equal"Items: 7. Labor,Materials and Equipment: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using 6.3. CONTRACTOR shall provide competent,suitably qual- the name of a proprietary yn i item or or the name meniof a pndedrlar ified personnel to survey, lay out and construct the Work as Supplier, the Po in to 7' required by the Contract Documents. CONTRACTOR shall at especlish ification the type or description contains,function and orquality is followed byUnless words all times maintain good discipline and order at the site. Except -equal" item as otherwise required for the safety or protection of persons or reading thation isno like, ,tted equivalent ite s or "or-material or or no t. the Work or property at the site or adjacent thereto,and except as otherwise indicated in the Contract Documents,all Work at meat or material or equipment of other Suppliers may be the site shall be performed during regular working hours and accepted by ENGINEER under the following circumstances: ri,, 23 I , ,,..1 6.7.1.1. "Or-Equal": If in ENGINEER's sole discre- construction is shown or indicated in and expressly required by tion an item of material or equipment proposed by CON- the Contract Documents, CONTRACTOR may furnish or TRACTOR is functionally equal to that named and suffi- utilize a substitute means, method, technique, sequence or r'l ciently similar so that no change in related Work will be . procedure of construction acceptable to ENGINEER. CON- required, it may be considered by ENGINEER as an TRACTOR shall submit sufficient information to allow ENGI- "or-equal"item,in which case review and approval of the NEER, in ENGINEER's sole discretion,to determine that the proposed item may, in ENGINEER's sole discretion, be substitute proposed is equivalent to that expressly called for by Tel accomplished without compliance with some or all of the the Contract Documents.The procedure for review by ENGI- ' 1 requirements for acceptance of proposed substitute items. NEER will be similar to that provided in subparagraph 6.7.1.2. el 6.7.1.2. Substitute Items: If in ENGINEER's sole 6.7.3. Engineer's Evaluation:ENGINEER will be allowed , 1 discretion an item of material or equipment proposed by a reasonable time within which to evaluate each proposal or CONTRACTOR does not qualify as an "or-equal" item submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. under subparagraph 6.7.1.1, it will be considered a pro- ENGINEER will be the sole judge of acceptability. No "or- posed substitute item. CONTRACTOR shall submit suffi- equal" or substitute will be ordered, installed or utilized cient information as provided below to allow ENGINEER without ENGINEER's prior written acceptance which will be to determine that the item of material or equipment evidenced by either a Change Order or an approved Shop proposed is essentially equivalent to that named and an Drawing. OWNER may require CONTRACTOR to furnish at acceptable substitute therefor. The procedure for review CONTRACTOR's expense a special performance guarantee or by the ENGINEER will include the following as supple- other surety with respect to any "or-equal" or substitute, mented in the General Requirements and as ENGINEER ENGINEER will record time required by ENGINEER and .l _ may decide is appropriate under the circumstances. Re- ENGINEER's Consultants in evaluating substitutes proposed quests for review of proposed substitute items of material or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 L or equipment will not be accepted by ENGINEER from and 6.7.2 and in making changes in the Contract Documents(or anyone other than CONTRACTOR. If CONTRACTOR in the provisions of any other direct contract with OWNER for el wishes to furnish or use a substitute item of material or work on the Project) occasioned thereby. Whether or not equipment,CONTRACTOR shall first make written appli- ENGINEER accepts a substitute item so proposed or submit- _ cation to ENGINEER for acceptance thereof, certifying ted by CONTRACTOR, CONTRACTOR shall reimburse that the proposed substitute will perform adequately the OWNER for the charges of ENGINEER and ENGINEER'S functions and achieve the results called for by the general Consultants for evaluating each such proposed substitute item. 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 Concerning Subcontractors,Suppliers and Others: 4 acceptance of the proposed substitute will prejudice CON- t TRACTOR's achievement of Substantial Completion on 6.8.1. CONTRACTOR shall not employ any Subcon- time,whether or not acceptance of the substitute for use in tractor, Supplier or other person or organization (including 1 the Work will require a change in any of the Contract those acceptable to OWNER and ENGINEER as indicated , 1 Documents (or in the provisions of any other direct in paragraph 6.8.2), whether initially or as a substitute, contract with OWNER for work on the Project) to adapt against whom OWNER or ENGINEER may have reason- the design to the proposed substitute and whether or not able objection. CONTRACTOR shall not be required to 1 . incorporation or use of the substitute in connection with employ any Subcontractor, Supplier or other person or 1 the Work is subject to payment of any license fee or organization to furnish or perform any of the Work against royalty.All variations of the proposed substitute from that whom CONTRACTOR has reasonable objection. specified will be identified in the application and available maintenance, repair and replacement service will be indi- 6.8.2. If the Supplementary Conditions require the iden- cated. The application will also contain an itemized esti- tity of certain Subcontractors,Suppliers or other persons or mate of all costs or credits that will result directly or organizations(including those who are to furnish the princi- ( indirectly from acceptance of such substitute, including pal items of materials or equipment) to be submitted to ` i costs of redesign and claims of other contractors affected OWNER in advance of the specified date prior to the - by the resulting change,all of which will be considered by Effective Date of the Agreement for acceptance by OWNER ENGINEER in evaluating the proposed substitute. EN- and ENGINEER, and if CONTRACTOR has submitted a el GINEER may require CONTRACTOR to furnish addi- list thereof in accordance with the Supplementary Condi- 1 • tional data about the proposed substitute. tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by thee''') 6.7.1.3. CONTRACTOR's Expense: All data to be date indicated for acceptance or objection in the bidding provided by CONTRACTOR in support of any proposed documents or the Contract Documents)of any such Subcon- "or-equal"or substitute item will be at CONTRACTOR's tractor,Supplier or other person or organization so identified expense. may be revoked on the basis of reasonable objection after rfrj` • due investigation, in which case CONTRACTOR shall sub- JV • 6.7.2. Substitute Construction Methods or Procedures:If a mit an acceptable substitute, the Contract Price will be specific means, method, technique, sequence or procedure of adjusted by the difference in the cost occasioned by such 24 7 t7 substitution and an appropriate Change Order will be issued of the Work or the incorporation in the Work of any invention, or Written Amendment signed.No acceptance by OWNER design, process, product or device which is the subject of or ENGINEER of any such Subcontractor,Supplier or other patent rights or copyrights held by others. If a particular person or organization shall constitute a waiver of any right invention,design,process,product or device is specified in the r of OWNER or ENGINEER to reject defective Work. Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its 6.9.1. CONTRACTOR shall be fully responsible to use is subject to patent rights or copyrights calling for the OWNER and ENGINEER for all acts and omissions of the payment of any license fee or royalty to others,the existence of 7Subcontractors, Suppliers and other persons and organiza- such rights shall be disclosed by OWNER in the Contract tions performing or furnishing any of the Work under a direct Documents. To the fullest extent permitted by Laws and or indirect contract with CONTRACTOR just as CON- Regulations, CONTRACTOR shall indemnify and hold harm- 7 TRACTOR is responsible for CONTRACTOR's own acts less OWNER, ENGINEER, ENGINEER'S Consultants and and omissions. Nothing in the Contract Documents shall the officers,directors,employees,agents and other consultants create for the benefit of any such Subcontractor,Supplier or of each and any of them from and against all claims, costs, 4161) other person or organization any contractual relationship losses and damages arising out of or resulting from.any t between OWNER or ENGINEER and any such Subcon infringement of patent rights or copyrights incident to the use in �— tractor,Supplier or other person or organization,nor shall it the performance of the Work or resulting from the incorpora- create any obligation on the part of OWNER or ENGI- tion in the Work of any invention,design,process,product or 7- NEER to pay or to see to the payment of any moneys due device not specified in the Contract Documents. ' any such Subcontractor,Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. Permits: r1- . 6.9.2. CONTRACTOR shall be solely responsible for 6.13. Unless otherwise provided in the Supplementary scheduling and coordinating the Work of Subcontractors, Conditions, CONTRACTOR shall obtain and pay for all con- Suppliers and other persons and organizations performing or struction permits and licenses. OWNER shall assist CON- furnishing any of the Work under a direct or indirect contract TRACTOR, when necessary, in obtaining such permits and with CONTRACTOR.CONTRACTOR shall require all Sub- licenses. CONTRACTOR shall pay all governmental charges contractors,Suppliers and such other persons and organiza- and inspection fees necessary for the prosecution of the Work, tions performing or furnishing any of the Work to communi- which are applicable at the time of opening of Bids,or,if there C cate with the ENGINEER through CONTRACTOR. are no Bids, on the Effective Date of the Agreement. CON- TRAC:IUR shall pay all charges of utility owners for connec- 6.10. The divisions and sections of the Specifications and tions to the Work,and OWNER shall pay all charges of such the identifications of any Drawings shall not control CON utility owners for capital costs related thereto such as plant ri. TRACTOR in dividing the Work among Subcontractors or investment fees. Suppliers or delineating the Work to be performed by any specific trade. till 6.11. All Work performed for CONTRACTOR by a Sub- Laws and Regulations: • contractor or Supplier will be pursuant to an appropriate 6.14.1. CONTRACTOR shall give all notices and comply agreement between CONTRACTOR and the Subcontractor or with all Laws and Regulations applicable to furnishing and Supplier which specifically binds the Subcontractor or Supplier performance of the Work.Except where otherwise expressly to the applicable terms and conditions of the Contract Docu- required by applicable Laws and Regulations,neither OWNER ments for the benefit of OWNER and ENGINEER'.Whenever nor ENGINEER shall be responsible for monitoring CON- any such agreement is with a Subcontractor or Supplier who is TRACTOR'S compliance with any Laws or Regulations. ri listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the 6.14.2. If CONTRACTOR performs any Work knowing CONTRACTOR and the Subcontractor or Supplier will con- or having reason to know that it is contrary to Laws or fain provisions whereby the Subcontractor or Supplier waives Regulations, CONTRACTOR shall bear all claims, costs, 7all rights against OWNER, CONTRACTOR, ENGINEER, losses and damages caused by, arising out of or resulting ENGINEER's Consultants and all other additional insureds for therefrom; however, it shall not be CONTRACTOR'S pri- r., all losses and damages caused by, arising out of or resulting mary responsibility to make certain that the Specifications from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on and Drawings are in accordance with Laws and Regulations,but this shall not relieve CONTRACTOR of CONTRAC- any such policies require separate waiver forms to be signed by TOR's obligations under paragraph 3.3.2. any Subcontractor or Supplier,CONTRACTOR will obtain the same. Taxes: Patent Fees and Royalties: 6.15. CONTRACTOR shall pay all sales,consumer,use rill 6.12. CONTRACTOR shall pay all license fees and royal- . and other similar taxes required to be paid by CONTRACTOR ties and assume all costs incident to the use in the performance in accordance with the Laws and Regulations of the place of 7., 25 7 the Project which are applicable during the performance of the the Work, these record documents, Samples and Shop Draw- Work. ings will be delivered to ENGINEER for OWNER. Use of Premises: Safety and Protection: • -� 6.16. CONTRACTOR shall confine construction equip- 6.20. CONTRACTOR shall be responsible for initiating, e I ment, the storage of materials and equipment and the opera- maintaining and supervising all safety precautions and pro- 1 tions of workers to the site and land and areas identified in and grams in connection with the Work.CONTRACTOR shall take permitted by the Contract Documents and other land and areas all necessary precautions for the safety of, and shall provide permitted by Laws and Regulations,rights-of-way,permits and the necessary protection to prevent damage, injury or loss to: `" easements,and shall not unreasonably encumber the premises _ 1 with construction equipment or other materials or equipment. 6.20.1. all persons on the Work site or who may be CONTRAC IOR shall assume full responsibility for any dam- affected by the Work; 7age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the 6.20.2. ' all the Work and materials and equipment to be performance of the Work. Should any claim be made by any incorporated therein, whether in storage on or off the site; such owner or occupant because of the performance of the and Work, CONTRACTOR shall promptly settle with such other I party by negotiation or otherwise resolve the claim by arbitra- 6.20.3. other property at the site or adjacent thereto, tion or other dispute resolution proceeding or at law. CON- including trees,shrubs,lawns,walks,pavements,roadways, TRACTOR shall, to the fullest extent permitted by Laws and structures, utilities and Underground Facilities not desig- / Regulations, indemnify and hold harmless OWNER, ENGI- nated for removal,relocation or replacement in the course of NEER, ENGINEER's Consultant and anyone directly or construction. indirectly employed by any of them from and against all claims, costs,losses and damages arising out of or resulting from any CONTRACTOR shall comply with all applicable Laws and } claim or action,legal or equitable,brought by any such owner Regulations of any public body having jurisdiction for safety of . or occupant against OWNER,ENGINEER or any other party persons or property or to protect them from damage,injury or indemnified hereunder to the extent caused by or based upon loss;and shall erect and maintain all necessary safeguards for e-- CONTRACTOR's performance of the Work. such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and 6.17. During the progress of the Work, CONTRACTOR utility owners when prosecution of the Work may affect them, shall keep the premises free from accumulations of waste and shall cooperate with them in the protection, removal, '4'1 materials,rubbish and other debris resulting from the Work.At relocation and replacement of their property. All damage, j the completion of the Work CONTRACTOR shall remove all injury or loss to any property referred to in paragraph 6.20.2 or waste materials, rubbish and debris from and about the pre- 6.20.3 caused, directly or indirectly, in whole or in part, by mises as well as all tools, appliances, construction equipment CONTRACTOR, any Subcontractor, Supplier or any other PI and machinery and surplus materials. CONTRACTOR shall person or organization directly or indirectly employed by any 1 leave the site clean and ready for occupancy by OWNER at of them to perform or furnish any of the Work or anyone for Substantial Completion of the Work. CONTRACTOR shall whose acts any of them may be liable, shall be remedied by r restore to original condition all property not designated for CONTRACTOR (except damage or loss attributable to the alteration by the Contract Documents. fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or 6.18. CONTRACTOR shall not load nor permit any part of anyone employed by any of them or anyone for whose acts any any structure to be loaded in any manner that will endanger the of them may be liable, and not attributable, directly or indi- i . structure, nor shall CONTRACTOR subject any part of the rectly, in whole or in part, to the fault or negligence of Work or adjacent property to stresses or pressures that will CONTRACTOR or any Subcontractor, Supplier or other per- ,,,., endanger it. 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 Record Documents: all the Work is completed and ENGINEER has issued a notices to OWNER and CONTRACTOR in accordance with para- 6.19. CONTRACTOR shall maintain in a safe place at the graph 14.13 that the Work is acceptable (except as otherwise -' site one record copy of all Drawings,Specifications,Addenda, expressly provided in connection with Substantial Comple- Written Amendments, Change Orders, Work Change Direc- tion). tives, Field Orders and written interpretations and clarifica- I tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. Safety Representative: "1 These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be 6.21. CONTRACTOR shall designate a qualified and expe- 1 available to ENGINEER for reference. Upon completion of rienced safety representative at the site whose duties and ffi 26 7 ! responsibilities shall be the prevention of accidents and the 6.25.1.1. all field measurements, quantities, dimen- maintaining and supervising of safety precautions and pro- sions, specified performance criteria, installation require- grams. ments,materials,catalog numbers and similar information r with respect thereto, Hazard Communication Programs: 6.25.1.2. all materials with respect to intended use, utr ro g fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work,and ' 6.22. 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 6.25.1.2. all information relative to CONTRACTOR's exchanged between or among employers at the site in accor- sole responsibilities in respect of means, methods, tech- dance with Laws or Regulations. niques, sequences and procedures of construction and r safety precautions and programs incident thereto. Emergencies: CONTRACTOR shall also have reviewed and coordinated 7 each Shop Drawing or Sample with other Shop Drawings 6.23. In emergencies affecting the safety or protection of and Samples and with the requirements of the Work and the persons or the Work or property at the site or adjacent Contract Documents. 7- thereto,CONTRACTOR, without special instruction or au- ' thorization from OWNER or ENGINEER, is obligated to 6.25.2. Each submittal will bear a stamp or specific act to prevent threatened damage, injury or loss. CON- written indication that CONTRACTOR has satisfied CON- TRACTOR shall give ENGINEER prompt written notice if7 TRACTOR's obligations under the Contact Documents with CONTRACTOR believes that any significant changes in the respect to CONTRACTOR'S review and approval of that Work or variations from the Contract Documents have been submittal. caused thereby. If ENGINEER determines that a change in • the Contract Documents is required because of the action 6.25.3. At the time of each submission,CONTRACTOR cl?". taken by CONTRACTOR in response to such an emergency, shall give ENGINEER specific written notice of such vari- a Work Change Directive or Change Order will be issued to ations, if any, that the Shop Drawing or Sample submitted document the consequences of such action. may have from the requirements of the Contract Documents, ? such notice to be in a written communication separate from L the submittal;and,in addition,shall cause a specific notation S 6.24.Shop Drawings andamples: to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.24.1. CONTRACTOR shall submit Shop Drawings to r ENGINEER for review and approval in accordance with the • 6.26. ENGINEER will review and approve Shop Drawings accepted schedule of Shop Drawings and Sample submittals and Samples in accordance with the schedule of Shop Draw- _ (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on 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 the Shop Drawings will be complete with respect to quanti will,after installation or incorporation in the Work,conform to ties,dimensions, specified performance and design criteria, the information given in the Contract Documents and be • materials and similar data to show ENGINEER the materi compatible with the design concept of the completed Project as r als and equipment CONTRACTOR proposes to provide and a functioning whole as indicated by the Contract Documents. to enable ENGINEER to review the information for the �, limited purposes required by paragraph 6.26. ENGINEER'S review and approval will not extend to means, ( - methods,techniques,sequences or procedures of construction 6.24.2. CONTRACTOR shall also submit Samples to (except where a particular means, method, technique, se ENGINEER for review and approval in accordance with quence or procedure of construction is specifically and ex- �' said accepted schedule of Shop Drawings and Sample sub- pressly called for by the Contract Documents) or to safety mittals.Each Sample will be identified clearly as to material, precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of Supplier,pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may the assembly in which the item functions. CONTRACTOR require to enable ENGINEER to review the submittal for shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- L the limited purposes required by paragraph 6.26.The num- ings and submit as required new Samples for review and hers of each Sample to be submitted will be as specified in 7,- the Specifications. approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.25. Submittal Procedures: th 6.27. ENGINEER'S review and approval of Shop Draw- 6.25.1. Before submitting each Shop Drawing or Sam ings or Samples shall not relieve CONTRACTOR from respon- ple,CONTRACTOR shall have determined and verified: sibility for any variation from the requirements of the Contract 7 27 si'l Documents unless CONTRACTOR has in writing called EN- 6.30.2.5. any acceptance by OWNER or any failure to R" i GINEER's attention to each such variation at the time of do so; 1 submission as required by paragraph 6.25.3 and ENGINEER 6.30.2.6. any review and approval of a Shop Drawing has given written approval of each such variation by specific or Sample submittal or the issuance of a notice of accept- ,-"-Iwritten notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ability by ENGINEER pursuant to paragraph 14.13; i ENGINEER relieve CONTRACTOR from responsibility for 6.30.2.7. any inspection,test or approval by others;or complying with the requirements of paragraph 6.25.1. 6.30.2.8. any correction of defective Work by OWNER. 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 Indemnification: paragraph 2.9, any related Work performed prior to ENGI- • NEER's review and approval of the pertinent submittal will be 6.31. To the fullest extent permitted by Laws and Regula- at the sole expense and responsibility of CONTRACTOR. tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants and the 71. officers, directors,employees, agents and other consultants of Continuing the Work: each and any of them from and against all claims,costs,losses and damages(including but not limited to all fees and charges '"'1 6.29. CONTRACTOR shall carry on the Work and adhere of engineers,architects,attorneys and other professionals and to the progress schedule during all disputes or disagreements all court or arbitration or other dispute resolution costs)caused with OWNER. No Work shall be delayed or postponed pend- by, arising out of or resulting from the performance of the ing resolution of any disputes or disagreements, except as Work,provided that any such claim,cost,loss or damage:(i)is permitted by paragraph 15.5 or as OWNER and CONTRAC- attributable to bodily injury, sickness, disease or death, or to I TOR may otherwise agree in writing. injury to or destruction of tangible property (other than the Work itself),including the loss of use resulting therefrom,and �} (ii) is caused in whole or in part by any negligent act or 6.30. CONTRACTOR's General Warranty and Guarantee: omission of CONTRACTOR,any Subcontractor,any Supplier, . _ any person or organization directly or indirectly employed by 6.30.1. CONTRACTOR warrants and guarantees to any of them to perform or furnish any of the Work or anyone OWNER,ENGINEER and ENGINEER's Consultants that for whose acts any of them may be liable,regardless of whether j all Work will be in accordance with the Contract Documents or not caused in part by any negligence or omission of a person and will not be defective. CONTRACTOR's warranty and or entity indemnified hereunder or whether liability is imposed guarantee hereunder excludes defects or damage caused by: upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.30.1.1. abuse,modification or improper maintenance 6.32. In any and all claims against OWNER or ENGI- n or operation by persons other than CONTRACTOR,Sub NEER or any of their respective consultants,agents,officers, contractors or Suppliers;or directors or employees by any employee (or the survivor or personal representative of such employee)of CONTRACTOR, 6.30.1.2. normal wear and tear under normal usage. any Subcontractor, any Supplier, any person or organization r''l directly or indirectly employed by any of them to perform or 1 6.30.2. CONTRACTOR's obligation to perform and corn- furnish any of the Work,or anyone for whose acts any of them plete the Work in accordance with the Contract Documents may be liable, the indemnification obligation under paragraph shall be absolute. None of the following will constitute an 6.31 shall not be limited in any way by any limitation on the acceptance of Work that is not in accordance with the amount or type of damages,compensation or benefits payable _1 Contract Documents or a release of CONTRACTOR's obli- by or for CONTRACTOR or any such Subcontractor,Supplier gation to perform the Work in accordance with the Contract or other person or organization under workers' compensation Documents: acts, disability benefit acts or other employee benefit acts. 6.30.2.1. observations by ENGINEER; 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- 6.30.2.3. recommendation of any progress or final NEER and ENGINEER's Consultants, officers, directors, payment by ENGINEER; employees or agents caused by the professional negligence, errors or omissions of any of them. 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; Survival of Obligations: 'h 6.30.2.4. use or occupancy of the Work or any part 6.34. All representations,indemnifications,warranties and thereof by OWNER; guarantees made in, required by or given in accordance with 1 28 7 • ri, , the Contract Documents, as well as all continuing obligations Coordination: indicated in the Contract Documents, will survive final pay- merit,completion and acceptance of the Work and termination 7.4. If OWNER contracts with others for the performance or completion of the Agreement. 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 ARTICLE 7—OTHER WORK 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 Related Work at Site: 7.4.3. the extent of such authority and responsibilities 7.1. OWNER may perform other work related to the will be provided. 7 _ Project at the site by OWNER's own forces, or let other Unless otherwise provided in the Supplementary Condi- direct contracts therefor which shall contain General Condi- lions, OWNER shall have sole authority and responsibility in tions similar to these, or have other work performed by respect of such coordination. 7 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 ARTICLE 8—OWNER'S RESPONSIBILITIES prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles 11 tj., . and 12 if CONTRACTOR believes that such performance 8.1. Except as otherwise provided in these General Condi- will involve additional expense to CONTRACTOR or re- tions,OWNER shall issue all communications to CONTRAC- quires additional time and the parties are unable to agree as TOR through ENGINEER. 7 to the amount or extent thereof. 8.2. In case of termination of the employment of ENGI- /A 7.2. CONTRACTOR shall afford each other contractor NEER, OWNER shall appoint an engineer against whom who is a party to such a direct contract and each utility CONTRACTOR makes no reasonable objection,whose status ,_'. owner (and OWNER, if OWNER is performing the addi- under the Contract Documents shall be that of the former tional work with OWNER's employees) proper and safe ENGINEER. access to the site and a reasonable opportunity for the frit, introduction and storage of materials and equipment and the 8.3. OWNER shall furnish the data required of OWNER execution of such other work and shall properly connect and under the Contract Documents promptly and shall make pay- coordinate the Work with theirs. Unless otherwise provided ments to CONTRACTOR promptly when they are due as 7- in the Contract Documents, CONTRACTOR shall do all provided in paragraphs 14.4 and 14.13. cutting,fitting and patching of the Work that may be required 8.4. OWNER's duties in respect of providing lands and to make its several parts come together properly and inte-r. easements and providing engineering surveys to establish ref- grate with such other work. CONTRACTOR shall not en danger any work of others by cutting, excavating other- 2 refers to OWNER's identifying and making available to wise altering their work and will only cut or alter their work erence points are set forth in paragraphs 4.1 and 4.4.Paragraph with the written consent of ENGINEER and the others CONTRACTOR copies of reports of explorations and tests of rs subsurface conditions at the site and drawings of physical whose work will be affected.The duties and responsibilities conditions in existing structures at or contiguous to the site that of CONTRACTOR under this paragraph are for the benefit of have been utilized by ENGINEER in preparing the Contract such utility owners and other contractors to the extent that - Documents. there are comparable provisions for the benefit of CON- Documents. r TRACTOR in said direct contracts between OWNER and 8.5. OWNER's responsibilities in respect of purchasing such utility owners and other contractors. and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. - 7.3. If the proper execution or results of any part of 7 CONTRACTOR's Work depends upon work performed by 8.6. OWNER is obligated to execute Change Orders as others under this Article 7,CONTRACTOR shall inspect such indicated in paragraph 10.4. other work and promptly report to ENGINEER in writing any • rT delays,defects or deficiencies in such other work that render it 8.7. OWNER's responsibility in respect of certain inspec- unavailable or unsuitable for the proper execution and results tions,tests and approvals is set forth in paragraph 13.4. of CONTRACTOR's Work. CONTRACTOR'S failure so to report will constitute an acceptance of such other work as fit 8.8. In connection with OWNER'S right to stop Work or riCi and proper for integration with CONTRACTOR'S Work except ' suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 for latent or nonapparent defects and deficiencies in such other deals with OWNER'S right to terminate services of CON- work. TRACTOR under certain circumstances. I 29 :"'l 8.9. The OWNER shall not supervise, direct or have observations of CONTRACTOR'S Work ENGINEER will not control or authority over, nor be responsible for, CONTRAC- supervise,direct,control or have authority over or be respon- TOR's means, methods, techniques, sequences or procedures sible for CONTRACTOR'S means, methods, techniques, se- of construction or the safety precautions and programs incident quences or procedures of construction, or the safety precau Ici - thereto, or for any failure of CONTRACTOR to comply with tions and programs incident thereto, or for any failure of Laws and Regulations applicable to the furnishing or perfor- CONTRACTOR to comply with Laws and Regulations appli- I • mance of the Work. OWNER will not be responsible for cable to the furnishing or performance of the Work. CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Project Representative: 8.10. OWNER'S responsibility in respect of undisclosed 9.3. If OWNER and ENGINEER agree,ENGINEER will E:-, Asbestos,PCBs,Petroleum, Hazardous Waste or Radioactive furnish a Resident Project Representative to assist ENGI- Materials Ivlaterials uncovered or revealed at the site is set forth in NEER in providing more continuous observation of the Work. paragraph 4.5. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be *"` 8.11. If and to the extent OWNER has agreed to furnish as provided in paragraph 9.13 and in the Supplementary CONTRACTOR reasonable evidence that financial arrange- Conditions. If OWNER designates another representative or ments have been made to satisfy OWNER's obligations under agent to represent OWNER at the site who is not ENGI11-1 - the Contract Documents, OWNER's responsibility in respect NEER's Consultant, agent or employee, the responsibilities 1 thereof will be as set forth in the Supplementary Conditions. and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. ARTICLE 9—ENGINEER'S STATUS DURING Clarifications and Interpretations: •l CONSTRUCTION 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- J ments of the Contract Documents(in the form of Drawings or OWNER's Representative: otherwise) as ENGINEER may determine necessary, which 1 . shall be consistent with the intent of and reasonably inferable 9.1. ENGINEER will be OWNER's representative during from Contract Documents. Such written clarifications and the construction period.The duties and responsibilities and the interpretations will be binding on OWNER and CONTRAC- limitations of authority of ENGINEER as OWNER's repre TOR. If OWNER or CONTRACTOR believes that a written , -. sentative during construction are set forth in the Contract clarification or interpretation justifies an adjustment in the Documents and shall not be extended without written consent Contract Price or the Contract Times and the parties are unable of OWNER and ENGINEER. 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. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals Authorized Variations in Work: appropriate to the various stages of construction as ENGI 7 - NEER deems necessary in order to observe as an experienced 9.5. ENGINEER may authorize minor variations in the and qualified design professional the progress that has been Work from the requirements of the Contract Documents which made and the quality of the various aspects of CONTRAC- do not involve an adjustment in the Contract Price or the i - TOR's executed Work. Based on information obtained during Contract Times and are compatible with the design concept of i such visits and observations, ENGINEER will endeavor for the completed Project as a functioning whole as indicated by the benefit of OWNER to determine,in general,if the Work is the Contract Documents. These may be accomplished by a proceeding in accordance with the Contract Documents. EN- Field Order and will be binding on OWNER and also on GINEER will not be required to make exhaustive or continu- CONTRACTOR who shall perform the Work involved promptly. ous on-site inspections to check the quality or quantity of the If OWNER or CONTRACTOR believes that a Field Order Work.ENGINEER's efforts will be directed toward providing justifies an adjustment in the Contract Price or the Contract for OWNER a greater degree of confidence that the completed Times and the parties are unable to agree as to the amount or 1 Work will conform generally to the Contract Documents. On extent thereof, OWNER or CONTRACTOR may make a the basis of such visits and on-site observations, ENGINEER written claim therefor as provided in Article 11 or 12. fl will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on-site observations are subject to all the Rejecting Defective Work: limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13,and particularly,but without limitation, 9.6. ENGINEER will have authority to disapprove or LI during or as a result of ENGINEER's on-site visits or reject Work which ENGINEER believes to be defective, or - 30 7 r that ENGINEER believes will not produce a completed Project to ENGINEER and the other party to the Agreement promptly that conforms to the Contract Documents or that will prejudice (hut in no event later than thirty days) after the start of the the integrity of the design concept of the completed Project as occurrence or event giving rise thereto,and written supporting a functioning whole as indicated by the Contract Documents. data will be submitted to ENGINEER and the other party ENGINEER will also have authority to require special inspec- within sixty days after the start of such occurrence or event tion or testing of the Work as provided in paragraph 13.9, unless ENGINEER allows an additional period of time for the whether or not the Work is fabricated, installed or completed.tlial 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 Shop Drawings, Change Orders and Payments: thirty days after receipt of the claimant's last submittal (unless 7-, ENGINEER allows additional time). ENGINEER will render 9.7. In connection with ENGINEER's authority as to a formal decision in writing within thirty days after receipt of Shop Drawings and Samples,see paragraphs 6.24 through 6.28 the opposing parry's submittal, if any, in accordance with this inclusive. paragraph. ENGINEER'S written decision on such claim, dispute or other matter will be final and binding upon OWNER 9.8. In connection ENGINEER's authority as to and CONTRACTOR unless: (i)an appeal from ENGINEER's Change Orders, see Articles 10, 11,and 12. decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC-A, "Dispute Reso- 9.9. In connection with ENGINEER's authority as to lution Agreement," entered into between OWNER and CON Applications for Payment, see Article 14. TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice Determinations for Unit Prices: of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to 9.10. ENGINEER will determine the actual quantities and ENGINEER within thirty days after the date of such decision classifications of Unit Price Work performed by CONTRAC- and a formal proceeding is instituted by the appealing party in TOR. ENGINEER will review with CONTRACTOR the EN a forum of competent jurisdiction to exercise such rights or GINEER's preliminary determinations on such matters before remedies as the appealing party may have with respect to such rendering a written decision thereon(by recommendation of an Application for Payment or otherwise). ENGINEER'S written claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision thereon will be final and binding upon OWNER and decision, unless otherwise agreed in writing by OWNER and CONTRACTOR, unless,within ten days after the date of any CONTRACTOR. ,r, such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to 9.12. When functioning as interpreter and judge under appeal from ENGINEER's decision and: (i) an appeal from paragraphs 9.10 and 9.11,ENGINEER will not show partiality 7ENGINEER's decision is taken within the time limits and in to OWNER or CONTRACTOR and will not be liable in accordance with the procedures set forth in Exhibit GC A, connection with any interpretation or decision rendered in "Dispute Resolution Agreement," entered into between good faith in such capacity. The rendering of a decision by OWNER and CONTRACTOR pursuant to Article 16,or(ii)if ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect I. no such Dispute Resolution Agreement has been entered into, to any such claim, dispute or other matter(except any which a formal proceeding is instituted by the appealing party in a have been waived by the making or acceptance of final forum of competent jurisdiction to exercise such rights or payment as provided in paragraph 14.15) will be a condition remedies as the appealing party may have with respect to precedent to any exercise by OWNER or CONTRACTOR of ENGINEER's decision,unless otherwise agreed in writing by such rights or remedies as either may otherwise have under the OWNER and CONTRACTOR.Such appeal will not be subject Contract Documents or by Laws or Regulations in respect of to the procedures of paragraph 9.11. any such claim,dispute or other matter pursuant to Article 16. 7 Decisions on Disputes: 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.11. ENGINEER will be the initial interpreter of the 9.13.1. Neither ENGINEER'S authority or responsibil- requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER other matters relating to the acceptability of the Work or the in good faith to exercise or not exercise such authority interpretation of the requirements of the Contract Documents or responsibility either or the undertaking,exercise or performance 7 pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the of any authority or responsibility by ENGINEER shallcreate,impose or give rise to any duty owed by ENGINEER Contract Price or Contract Times will be referred initially to r to CONTRACTOR, any Subcontractor, any Supplier, any ENGINEER in writing with a request for a formal decision in other erson or organization, or to any surety for or em- accordance with this paragraph. Written notice of each such P claim,dispute or other matter will be delivered by the claimant ployee or agent of any of them. 1 31 9.13.2. ENGINEER will not supervise, direct, control 10.4. OWNER and CONTRACTOR shall execute appro- 1 or have authority over or be responsible for CONTRAC- priate Change Orders recommended by ENGINEER(or Writ- TOR's means, methods, techniques, sequences or proce- ten Amendments)covering: dures of construction, or the safety precautions and pro- fl grams incident thereto,or for any failure of CONTRACTOR 10.4.1. changes in the Work which are (i) ordered by to comply with Laws and Regulations applicable to the OWNER pursuant to paragraph 10.1,(ii)required because of furnishing or performance of the Work.ENGINEER will not acceptance of defective Work under paragraph 13.13 or be responsible for CONTRACTOR's failure to perform or correcting defective Work under paragraph 13.14, or (iii) furnish the Work in accordance with the Contract Docu- agreed to by the parties; ments. 10.4.2. changes in the Contract Price or Contract Times 19.13.3. ENGINEER will not be responsible for the acts which are agreed to by the parties;and or omissions of CONTRACTOR or of any Subcontractor, any Supplier,or of any other person or organization perform- 10.4.3. changes in the Contract Price or Contract Times ing or furnishing any of the Work.- which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- provided that, in lieu of executing any such Change Order,an nance and operating instructions, schedules, guarantees, appeal may be taken from any such decision in accordance 1 bonds and certificates of inspection,tests and approvals and with the provisions of the Contract Documents and applicable Other documentation required to be delivered by paragraph Laws and Regulations, but during any such appeal, CON- 14.12 will only be to determine generally that their content TRACTOR shall carry on the Work and adhere to the progress complies with the requirements of, and in the case of schedule as provided in paragraph 6.29. certificates of inspections, tests and approvals that the results certified indicate compliance with,the Contract Doc- 10.5. If notice of any change affecting the general scope of uments. the Work or the provisions of the Contract Documents(includ- ing, but not limited to, Contract Price or Contract Times) is i 9.13.5. The limitations upon authority and responsibility required by the provisions of any Bond to be given to a surety, set forth in this paragraph 9.13 shall also apply to ENGI- the giving of any such notice will be CONTRACTOR's respon- NEER's Consultants, Resident Project Representative and sibility, and the amount of. each applicable Bond will be assistants. adjusted accordingly. ARTICLE 10—CHANGES IN THE WORK ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- 10.1. Without invalidating the Agreement and without tion (subject to authorized adjustments) payable to CON- notice to any surety,OWNER may,at any time or from time TRACTOR for performing the Work. All duties, responsibili- to time, order additions, deletions or revisions in the Work. ties and obligations assigned to or undertaken by CONTRACTOR '--1 } Such additions, deletions or revisions will be authorized by shall be at CONTRACTOR's expense without change in the a Written Amendment, a Change Order, or a Work Change Contract Price. Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which 11.2. The Contract Price may only be changed by a Change will be performed under the applicable conditions of the Order or by a Written Amendment. Any claim for an adjust- Contract Documents (except as otherwise specifically pro- ment in the Contract Price shall be based on written notice vided). delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty 11 10.2. If OWNER and CONTRACTOR are unable to agree days)after the start of the occurrence or event giving rise to the . as to the extent, if any,of an adjustment in the Contract Price claim and stating the general nature of the claim. Notice of the or an adjustment of the Contract Times that should be allowed amount of the claim with supporting data shall be delivered • as a result of a Work Change Directive, a claim may be made within sixty days after the start of such occurrence or event 1 therefor as provided in Article 11 or Article 12. (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) 10.3. CONTRACTOR shall not be entitled to an increase in and shall be accompanied by claimant's written statement that7 the Contract Price or an extension of the Contract Times with the adjustment claimed covers all known amounts to which the respect to any Work performed that is not required by the claimant is entitled as a result of said occurrence or event. All Contract Documents as amended,modified and supplemented claims for adjustment in the Contract Price shall be determined rR as provided in paragraphs 3.5 and 3.6 except in the case of an by ENGINEER in accordance with paragraph 9.11 if OWNER emergency as provided in paragraph 6.23 or in the case of and CONTRACTOR cannot otherwise agree on the amount - uncovering Work as provided in paragraph 13.9. involved.No claim for an adjustment in the Contract Price will 32 . 1 7 7., be valid if not submitted in accordance with this paragraph cash discounts shall accrue to OWNER.All trade discounts, 11.2. rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- 7 11.3. The value of any Work covered by a Change Order or TRACTOR shall make provisions so that they may be of any claim for an adjustment in the Contract Price will be obtained. determined as follows: 7 11.4.3. Payments made by CONTRACTOR to the Sub- 11.3.1. where the Work involved is covered by unit contractors for Work performed or furnished by to the trac- prices contained in the Contract Documents, by application tors. If required by OWNER, CONTRACTOR shall obtain of such unit prices to the quantities of the items involved competitive bids from subcontractors acceptable to OWNER (subject to the provisions of paragraphs 11.9.1 through and CONTRACTOR and shall deliver such bids to OWNER L 11.9.3, inclusive); who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract 11.3.2. where the Work involved is not covered by unit provides that the Subcontractor is to be paid on the basis of r prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for Cost of the Work Plus a fee,the Subcontractor's Cost of the Work and fee shall be determined in the same manner as overhead and profit not necessarily in accordance with CONTRA(:IOR's Cost of the Work and fee as provided in paragraph 11.6.2); paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents ,- 11.3.3. where the Work involved is not covered by unit insofar as applicable. prices contained in the Contract Documents and agreement �y to a lump sum is not reached under paragraph 11.3.2,on the 11.4.4. Costs of special consultants (including but not basis of the Cost of the Work (determined as provided in limited to engineers,architects,testing laboratories,survey- ( paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for ors, attorneys and accountants) employed for services spe- overhead and profit (determined as provided in paragraph cifically related to the Work. 11.6). 11.4.5. Supplemental costs including the following: Cost of the Work: 11.4.5.1. The proportion of necessary transportation, 1. travel and subsistence expenses of CONTRACTOR's em 11.4. The term Cost of the Work means the sum of all costs ployees incurred in discharge of duties connected with the necessarily incurred and paid by CONTRACTOR in the proper Work. performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no 11.4.5.2. Cost, including transportation and mainte- 'r, higher than those prevailing in the locality of the Project,shall nance, of all materials, supplies, equipment, machinery, include only the following items and shall not include any of the appliances, office and temporary facilities at the site and costs itemized in paragraph 11.5: _ hand tools not owned by the workers, which are con- 7 sumed in the performance of the Work, and cost less 11.4.1. Payroll costs for employees in the direct employ market value of such items used but not consumed which of CONTRACTOR in the performance of the Work under remain the property of CONTRACTOR. 7 schedules of job classifications agreed upon by OWNER and CONTRACTOR.Such employees shall include without lim- 11.4.5.3. Rentals of all construction equipment and itation superintendents, foremen and other personnel em- machinery and the parts thereof whether rented from ployed full-time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- basis of their time spent on the Work. Payroll costs shall NEER, and the costs of transportation, loading, unload- include, but not be limited to, salaries and wages plus the ing, installation, dismantling and removal thereof—all in 7-', cost of fringe benefits which shall include social security accordance with the terms of said rental agreements.The contributions,unemployment,excise and payroll taxes,work- rental of any such equipment, machinery or parts shall ers'compensation,health and retirement benefits,bonuses, cease when the use thereof is no longer necessary for the sick leave,vacation and holiday pay applicable thereto.The Work. 7 expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in 11.4.5.4. Sales,consumer,use or similar taxes related the above to the extent authorized by OWNER. to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. t". 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation 11.4.5.5. Deposits lost for causes other than negli- and storage thereof,and Suppliers'field services required in gence of CONTRACTOR, any Subcontractor or anyone 7 connection therewith. All cash discounts shall accrue to . directly or indirectly employed by any of them or for CONTRACTOR unless OWNER deposits funds with CON- whose acts any of them may be liable, and royalty TRACTOR with which to make payments,in which case the payments and fees for permits and licenses 7 33 n 11.4.5.6. Losses and damages (and related expenses) 11.5.5. Costs due to the negligence of CONTRAC- caused by damage to the Work, not compensated by TOR, any Subcontractor, or anyone directly or indi- insurance or otherwise, sustained by CONTRACTOR in rectly employed by any of them or for whose acts any connection with the performance and furnishing of the of them may be liable, including but not limited to,the I Work (except losses and damages within the deductible correction of defective Work, disposal of materials or i amounts of property insurance established by OWNER in equipment wrongly supplied and making good any accordance with paragraph 5.9), provided they have re- '", damage to property. stilted from causes other than the negligence of CON- 1 TRACTOR, any Subcontractor, or anyone directly or Other overhead or general expense costs of any kind indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- and the costs of any item not specifically and expresslyII ments made with the written consent and approval of included in paragraph 11.4. OWNER.No such losses,damages and expenses shall be included in the Cost of the Work for the purpose of 11.6. The CONTRACTOR's fee allowed to CONTRAC- determining CONTRACTOR's fee. If,however,any such TOR for overhead and profit shall be determined as follows: loss or damage requires reconstruction and CONTRAC- 1 TOR is placed in charge thereof,CONTRACTOR shall be 11.6.1. a mutually acceptable fixed fee; or paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.6.2. if a fixed fee is not agreed upon, then a fee '"1 based on the following percentages of the various ` ') 11.4.5.7. The cost of utilities, fuel and sanitary facili- portions of the Cost of the Work: ties at the site. 11.6.2.1. for costs incurred under paragraphs 11.4.1 11.4.5.8. Minor expenses such as telegrams,long dis- and 11.4.2, the CONTRACTOR's fee shall be fifteen tance telephone calls, telephone service at the site, ex- percent; pressage and similar petty cash items in connection with the Work. 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.4.5.9. Cost of premiums for additional Bonds and 11.6.2.3. where one or more tiers of subcontracts are el insurance required because of changes in the Work. 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, 11.4.2, 11.5. The term Cost of the Work shall not include any of 11.4.3 and 11.6.2 is that the Subcontractor who actually the following: performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such 11.5.1. Payroll costs and other compensation of CON- Subcontractor under paragraphs 11.4.1 and 11.4.2 and that TRACTOR's officers, executives, principals (of partnership any higher tier Subcontractor and CONTRACTOR will ,..-) and sole proprietorships), general managers, engineers, ar- each be paid a fee of five percent of the amount paid to the ( chitects, estimators, attorneys, auditors, accountants, pur- next lower tier Subcontractor; 9 chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR 11.6.2.4. no fee shall be payable on the basis of costs "1 whether at the site or in CONTRACTOR's principal or a itemized under paragraphs 11.4.4, 11.4.5 and 11.5; I branch office for general administration of the Work and not specifically included in the agreed upon schedule of job 11.6.2.5. the amount of credit to be allowed by CON- classifications referred to in paragraph 11.4.1 or specifically TRACTOR to OWNER for any change which results in a ""-1 covered by paragraph 11.4.4—all of which are to be consid- net decrease in cost will be the amount of the actual net ered administrative costs covered by the CONTRACTOR's decrease in cost plus a deduction in CONTRACTOR'S fee - fee. by an amount equal to five percent of such net decrease; and 11.5.2. Expenses of CONTRACTOR's principal and ) branch offices other than CONTRACTOR's office at the site. 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's 11.5.3. Any part of CONTRACTOR's capital expenses, fee shall be computed on the basis of the net change in including interest on CONTRACTOR's capital employed for accordance with paragraphs 11.6.2.1 through 11.6.2.5, i the Work and charges against CONTRACTOR for delin- inclusive. quent payments. 11.7. Whenever the cost of any Work is to be determined 11.5.4. Cost of premiums for all Bonds and for all pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will insurance whether or not CONTRACTOR is required by the establish and maintain records thereof in accordance with Contract Documents to purchase and maintain the same generally accepted accounting practices and submit in form (except for the cost of premiums covered by subparagraph acceptable to ENGINEER an itemized cost breakdown to- 11.4.5.9 above). gether with supporting data. 34 1 7 f r Cash Allowances: of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract 11.8. It is understood that CONTRACTOR has included in Price and the parties are unable to agree as to the amount r. the Contract Price all allowances so named in the Contract of any such increase or decrease. Documents and shall cause the Work so covered to be fur nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRAC:IOR agrees that: ARTICLE 12—CHANGE OF CONTRACT TIMES 11.8.1. the allowances include the cost to CONTRAC- TOR(less any applicable trade discounts) of materials and ,til• equipment required by the allowances to be delivered at the site,and all applicable taxes;and 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any 11.8.2. CONTRACTOR's costs for unloading and han- claim for an adjustment of the Contract Times(or Milestones) r- dling on the site, labor, installation costs, overhead, profit shall be based on written notice delivered by the party making and other expenses contemplated for the allowances have the claim to the other party and to ENGINEER promptly(but been included in the Contract Price and not in the allowances in no event later than thirty days) after the occurrence of the and no demand for additional payment on account of any of event giving rise to the claim and stating the general nature of the foregoing will be valid. the claim. Notice of the extent of the claim with supporting 7 data shall be delivered within sixty days after such occurrence Prior to final payment,an appropriate Change Order will be (unless ENGINEER allows an additional period of time to 7. issued as recommended by ENGINEER to reflect actual ascertain more accurate data in support of the claim)and shall ., amounts due CONTRACTOR on account of Work covered by be accompanied by the claimant's written statement that the allowances, and the Contract Price shall be correspondingly adjustment claimed is the entire adjustment to which the adjusted. claimant has reason to believe it is entitled as a result of the 7- occurrence of said event. All claims for adjustment in the Contract Times(or Milestones)shall be determined by ENGI- 11.9. Unit Price Work: NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an r 11.9.1. Where the Contract Documents provide that all adjustment in the Contract Times(or Milestones)will be valid or part of the Work is to be Unit Price Work, initially the if not submitted in accordance with the requirements of this Contract Price will be deemed to include for all Unit Price paragraph 12.1. Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work 12.2. All time limits stated in the Contract Documents are C times the estimated quantity of each item as indicated in the of the essence of the Agreement. Agreement.The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of 12.3. Where CONTRACTOR is prevented from complet- comparison of Bids and determining an initial Contract ing any part of the Work within the Contract Times (or Price.Determinations of the actual quantities and classifica- Milestones) due to delay beyond the control of CONTRAC- tions of Unit Price Work performed by CONTRA(:IVR will TOR,the Contract Times(or Milestones)will be extended in an be made by ENGINEER in accordance with paragraph 9.10. amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond 11.9.2. Each unit price will be deemed to include an the control of CONTRACTOR shall include,but not be limited r amount considered by CONTRACTOR to be adequate to to,acts or neglect by OWNER,acts or neglect of utility owners cover CONTRACTOR's overhead and profit for each sepa- or other contractors performing other work as contemplated by rately identified item. Article 7, fires, floods, epidemics, abnormal weather condi- . tions or acts of God. Delays attributable to and within the r IT 11.9.3. OWNER or CONTRACTOR may make a-claim control of a Subcontractor or Supplier shall be deemed to be for an adjustment in the Contract Price in accordance with delays within the control of CONTRACTOR. Article 11 if: 12.4. Where CONTRACTOR is prevented from complet- 11.9.3.1. the quantity of any item of Unit Price Work ing any part of the Work within the Contract Times (or ., performed by CONTRACTOR differs materially and sig- Milestones)due to delay beyond the control of both OWNER nificantly from the estimated quantity of such item indi- and CONTRACTOR, an extension of the Contract Times (or cated in the Agreement;and Milestones) in an amount equal to the time lost due to such 7- delay shall be CONTRACTOR's sole and exclusive remedy for 11.9.3.2. there is no corresponding adjustment with such delay.In no event shall OWNER be liable to CONTRAC- respect to any other item of Work;and TOR, any Subcontractor, any Supplier, any other person or organization,or to any surety for or employee or agent of any 1 11.9.3.3. if CONTRACTOR believes that CONTRAC- of them,for damages arising out of or resulting from(i)delays TOR is entitled to an increase in Contract Price as a result caused by or within the control .of CONTRACTOR, or (ii) r 35 delays beyond the control of both parties including but not approval.CONTRACTOR shall also be responsible for arrang- limited to fires, floods, epidemics, abnormal weather condi- ing and obtaining and shall pay all costs in connection with any tions, acts of God or acts or neglect by utility owners or inspections, tests or approvals required for OWNER's and i other contractors performing other work as contemplated by ENGINEER's acceptance of materials or equipment to be Article 7. 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. ARTICLE 13—TESTS AND INSPECTIONS; 13.6. If any Work (or the work of others) that is to be .i --CORRECTION, REMOVAL OR inspected, tested or approved is covered by CONTRACTOR ACCEPTANCE OF DEFECTIVE WORK without written concurrence of ENGINEER, it must, if re- '"\1 quested by ENGINEER, be uncovered for observation. j 13.1. Notice of Defects: Prompt notice of all defective 13.7. Uncovering Work as provided in paragraph 13.6 shall Work of which OWNER or ENGINEER have actual knowl be at CONTRACTOR's expense unless CONTRACTOR has edge will be given to CONTRACTOR. All defective Work given ENGINEER timely notice of CONTRACTOR's inten- edge be rejected, corrected or accepted as provided in this tion to cover the same and ENGINEER has not acted with Article 13. reasonable promptness in response to such notice. 4'iyy Access to Work: Uncovering Work: 13.8. If any Work is covered contrary to the written request I 13.2. OWNER,ENGINEER,ENGINEER's Consultants, of ENGINEER, it must, if requested by ENGINEER, be other representatives and personnel of OWNER, independent uncovered for ENGINEER's observation and replaced at T� testing laboratories and governmental agencies with jurisdic- CONTRACTOR's expense. tional interests will have access to the Work at reasonable times 1 for their observation, inspecting and testing. CONTRACTOR 13.9. If ENGINEER considers it necessary or advisable shall provide them proper and safe conditions for such access that covered Work be observed by ENGINEER or inspected and advise them of CONTRACTOR's site safety procedures or tested by others, CONTRACTOR, at ENGINEER's re- and programs so that they may comply therewith as applicable. 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 Tests and Inspections: labor, material and equipment. If it is found that such Work is i, defective, CONTRACTOR shall pay all claims, costs, losses 13.3. CONTRACTOR shall give ENGINEER timely no- and damages caused by, arising out of or resulting from such 1lice of readiness of the Work for all required inspections,tests uncovering,exposure,observation,inspection and testing and or approvals, and shall cooperate with inspection and testing of satisfactory replacement or reconstruction(including but not r• personnel to facilitate required inspections or tests. limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the 13.4. OWNER shall employ and pay for the services of an Contract Price,and,if the parties are unable to agree as to the 4 independent testing laboratory to perform all inspections,tests, amount thereof, may make a claim therefor as provided in or approvals required by the Contract Documents except: Article 11.If,however,such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract 1 I3.4.1. for inspections, tests or approvals covered by Price or an extension of the Contract Times(or Milestones),or paragraph 13.5 below; both, directly attributable to such uncovering, exposure, ob- servation,inspection,testing,replacement and reconstruction; 13.4.2. that costs incurred in connection with tests or and,if the parties are unable to agree as to the amount or extent inspections conducted pursuant to paragraph 13.9 below thereof, CONTRACTOR may make a claim therefor as pro- 4 shall be paid as provided in said paragraph 13.9; and vided in Articles 11 and 12. 13.4.3. as otherwise specifically provided in the Con- tract Documents. OWNER May Stop the Work: 13.5. If Laws or Regulations of any public body having 13.10. If the Work is defective,or CONTRACTOR fails to jurisdiction require any Work(or part thereof)specifically to be supply sufficient skilled workers or suitable materials or equip- l inspected, tested or approved by an employee or other repre- merit,or fails to furnish or perform the Work in such a way that sentative of such public body, CONTRACTOR shall assume the completed Work will conform to the Contract Documents, full responsibility for arranging and obtaining such inspections, OWNER may order CONTRACTOR to stop the Work,or any tests or approvals, pay all costs in connection therewith, and portion thereof, until the cause for such order has been furnish ENGINEER the required certificates of inspection,or eliminated; however, this right of OWNER to stop the Work 36 el 7 shall not give rise to any duty on the part of OWNER to pay all claims, costs, losses and damages attributable to exercise this right for the benefit of CONTRACTOR or any OWNER's evaluation of and determination to accept such Li)t surety or other party. 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 Correction or Removal of Defective Work: Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work;and OWNER 13.11. If required by ENGINEER, CONTRACTOR shall shall be entitled to an appropriate decrease in the Contract promptly,as directed,either correct all defective Work,whether Price, and, if the parties are unable to agree as to the amount or not fabricated, installed or completed, or, if the Work has thereof, OWNER may make a claim therefor as provided in IA been rejected by ENGINEER, remove it from the site and Article 11. If the acceptance occurs after such recommenda- replace it with Work that is not defective.CONTRACTOR shall tion,an appropriate amount will be paid by CONTRACTOR to 7pay all claims,costs,losses and damages caused by or resulting OWNER. from such correction or removal(including but not limited to all OWNER May Correct Defective`York: costs of repair or replacement of work of others). 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective 7 13.12.Correction Period: Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- 13.12.1. If within one year after the date of Substantial TRACTOR fails to perform the Work in accordance with the Completion or such longer period of time as may be pre- Contract Documents, or if CONTRACTOR fails to comply scribed by Laws or Regulations or by the terms of any with any other provision of the Contract Documents,OWNER applicable special guarantee required by the Contract Doc- may, after seven days' written notice to CONTRACTOR, - uments or by any specific provision of the Contract Docu- correct and remedy any such deficiency. In exercising the ments,any Work is found to be defective, CONTRACTOR rights and remedies under this paragraph OWNER shall pro- shall promptly,without cost to OWNER and in accordance ceed expeditiously. In connection with such corrective and > with OWNER's written instructions: (i)correct such defec- remedial action, OWNER may exclude CONTRACTOR from tive Work,or,if it has been rejected by OWNER,remove it all or part of the site,take possession of all or part of the Work, from the site and replace it with Work that is not defective, and suspend CONTRACTOR's services related thereto,take 7 and (ii) satisfactorily correct or remove and replace any possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the damage to other Work or the work of others resulting Work all materials and equipment stored at the site or for which therefrom. If CONTRACTOR does not promptly complyr- with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER has paid CONTRACTOR but which are storedelsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives,agents and employees, OWNER's other con- OWNER may have the defective Work corrected or the tractors and ENGINEER and ENGINEER'S Consultants ac- >>►� rejected Work removed and replaced, and all claims, costs, cess to the site to enable OWNER to exercise the rights and losses and damages caused by or resulting from such re- remedies under this paragraph. All claims, costs, losses and L, moval and replacement(including but not limited to all costs damages incurred or sustained by OWNER in exercising such of repair or replacement of work of others) will be paid by rights and remedies will be charged against CONTRACTOR CONTRACTOR. and a Change Order will be issued incorporating the necessary �, revisions in the Contract Documents with respect to the Work; k_. 13.12.2. In special circumstances where a particular item and OWNER shall be entitled to an appropriate decrease in the of equipment is placed in continuous service before Substan- Contract Price,and,if the parties are unable to agree as to the r tial Completion of all the Work,the correction period for that amount thereof, OWNER may make a claim therefor as item may start to run from an earlier date if so provided in provided in Article 11.Such claims,costs,losses and damages the Specifications or by Written Amendment. will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, r 13.12.3. Where defective Work (and damage to other removal or replacement of CONTRACTOR's defective Work. Work resulting therefrom) has been corrected, removed or CONTRACTOR shall not be allowed an extension of the replaced under this paragraph 13.12, the correction period Contract Times (or Milestones) because of any delay in the hereunder with respect to such Work will be extended for an performance of the Work attributable to the exercise by OWNER 7 additional period of one year after such correction or re- of OWNER's rights and remedies hereunder. moval and replacement has been satisfactorily completed. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and Schedule of Values: replacement of defective Work,OWNER(and,prior to ENGI- NEER's recommendation of final payment,also ENGINEER) 14.1. The schedule of values established as provided in prefers to accept it,OWNER may do so.CONTRACTOR shall paragraph 2.9 will serve as the basis for progress payments and r .. •-- . . 37 1 will be incorporated into a form of Application for Payment 14.5.1. the Work has progressed to the point indicated, acceptable to ENGINEER. Progress payments on account of 14.5.2. the quality of the Work is generally in accor- Unit Price Work will be based on the number of units corn- dance with the Contract Documents(subject to an evalu- /al pleted. ation of the Work as a functioning whole prior to or upon 1 Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, .to a final Application for Progress Payment: determination of quantities and classifications for Unit '42:11 Price Work under paragraph 9.10, and to any other quali- ` 14.2. At least twenty days before the date established for fications stated in the recommendation), and each progress payment (but not more often than once a +*� month), CONTRACTOR shall submit to ENGINEER for 14.5.3. the conditions precedent to CONTRACTOR'S Iy review an Application for Payment filled out and signed by being entitled to such payment appear to have been CONTRACTOR covering the Work completed as of the date fulfilled in so far as it is ENGINEER's responsibility to of the Application and accompanied by such supporting observe the Work. , documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- However, by recommending any such payment ENGINEER ment not incorporated in the Work but delivered and suitably will not thereby be deemed to have represented that: (i) stored at the site or at another location agreed to in writing, exhaustive or continuous on-site inspections have been made r=.> the Application for Payment shall also be accompanied by a to check the quality or the quantity of the Work beyond the 1 bill of sale, invoice or other documentation warranting that responsibilities specifically assigned to ENGINEER in the OWNER has received the materials and equipment free and Contract Documents or(ii)that there may not be other matters clear of all Liens and evidence that the materials and or issues between the parties that might entitle CONTRAC- equipment are covered by appropriate property insurance TOR to be paid additionally by OWNER or entitle OWNER to and other arrangements to protect OWNER's interest therein, withhold payment to CONTRACTOR. - all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as 14.6. ENGINEER's recommendation of any payment,in 47 cluding final payment, shall not mean that ENGINEER is r. stipulated in the Agreement. responsible for CONTRACTOR'S means,methods,techniques, sequences or procedures of construction,or the safety precau- --1 tions and programs incident thereto, or for any failure of 4 CONTRACTOR's Warranty of Title: CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any 14.3. CONTRACTOR warrants and guarantees that title to failure of CONTRACTOR to perform or furnish Work in y all Work,materials and equipment covered by any Application accordance with the Contract Documents. J for Payment, whether incorporated in the Project or not, will 1 pass to OWNER no later- than the time of payment free and 14.7. ENGINEER may refuse to recommend the whole or clear of all Liens. any part of any payment if,in ENGINEER'S opinion,it would he incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- Review of Applications for Progress Payment: mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, 7 14.4. ENGINEER will, within ten clays after receipt of nullify any such payment previously recommended, to such each Application for Payment, either indicate in writing a extent as may be necessary in ENGINEER's opinion to recommendation of payment and present the Application to protect OWNER from loss because: OWNER, or return the Application to CONTRACTOR indi 14.7.1. the Work is defective, or completed Work has caring in writing ENGINEE.R's reasons for refusing to recom- been damaged requiring correction or replacement, - mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten 14.7.2. the Contract Price has been reduced by Writ1-1 - days after presentation of the Application for Payment to ten Amendment or Change Order, OWNER with ENGINEER's recommendation, the amount 14.7.3. OWNER has been required to correct defer recommended will (subject to the provisions of the last sen tive Work or complete Work in accordance with paragraph tence of paragraph 14.7)become due and when due will be paid 13.14, or 7 by OWNER to CONTRACTOR. 14.7.4. ENGINEER has actual knowledge of the oc- 14.5. ENGINEER's recommendation of any payment re- currence of any of the events enumerated in paragraphs quested in an Application for Payment will constitute a repre- 15.2.1 through 15.2.4 inclusive. rn , j sentation by ENGINEER to OWNER,based on ENGINEER'S OWNER may refuse to make payment of the full amount on-site observations of the executed Work as an experienced recommended by ENGINEER because: and qualified design professional and on ENGINEER's review r°'I of the Application for Payment and the accompanying data and 14.7.5. claims have been made against OWNER on schedules,that to the best of ENGINEER's knowledge,infor- account of CONTRACTORS performance or furnishing of mation and belief: the Work, 1 38 7 7 14.7.6. Liens have been filed in connection with the ENGINEER in writing prior to ENGINEER's issuing the Work, except where CONTRACTOR has delivered a definitive certificate of Substantial Completion,ENGINEER's specific Bond satisfactory to OWNER to secure the aforesaid recommendation will be binding on OWNER and 7 satisfaction and discharge of such Liens, CONTRACTOR until final payment. • 14.7.7. there are other items entitling OWNER to a 14.9. OWNER shall have the right to exclude CONTRAC- set-off against the amount recommended, or TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to 14.7.8. OWNER has actual knowledge of the occur- complete or correct items on the tentative list. rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- but OWNER must give CONTRACTOR immediate written stantially completed part of the Work which:(i)has specifically notice (with a copy to ENGINEER) stating the reasons for rbeen identified in the Contract Documents, or (ii) OWNER, such action and promptly pay CONTRACTOR the amount so ENGINEER and CONTRACTOR agree constitutes a sepa- withheld,or any adjustment thereto agreed to by OWNER and rately functioning and usable part of the Work that can be used CONTRACTOR, when CONTRACTOR corrects to OWN- by OWNER for its intended purpose without significant inter- ER's satisfaction the reasons for such action. ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: Substantial Completion: 14.10.1. OWNER at any time may request CON- 14.8. When CONTRACTOR considers the entire Work TRACTOR in writing to permit OWNER to use any such ready for its intended use CONTRACTOR shall notify OWNER part of the Work which OWNER believes to be ready for and ENGINEER in writing that the entire Work is substantially its intended use and substantially complete. If. CON- L. complete (except for items specifically listed by CONTRAC- TRACTOR agrees that such part of the Work is substan- TOR as incomplete) and request that ENGINEER issue a tially complete, CONTRACTOR will certify to OWNER certificate of Substantial Completion.Within a reasonable time and ENGINEER that such part of the Work is substan- 7 thereafter, OWNER, CONTRACTOR and ENGINEER shall tially complete and request ENGINEER to issue a certif- make an inspection of the Work to determine the status of icate of Substantial Completion for that part of the Work. completion. If ENGINEER does not consider the Work sub- CONTRACTOR at any time may notify OWNER and stantially complete, ENGINEER will notify CONTRACTOR ENGINEER in writing that CONTRACTOR considers in writing giving the reasons therefor.If ENGINEER considers any such part.of the Work ready for its intended use and the Work substantially complete,ENGINEER will prepare and substantially complete and request ENGINEER to issue a deliver to OWNER a•tentative certificate of Substantial Com- certificate of Substantial Completion for that part of the 7_ pletion which shall fix the date of Substantial Completion. Work.Within a reasonable time after either such request, There shall be attached to the certificate a tentative list of items OWNER, CONTRACTOR and ENGINEER shall make to be completed or corrected before final payment. OWNER an inspection of that part of the Work to determine its 7.' shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to status of completion. If ENGINEER does not consider that part of the Work to be substantially complete,ENGI- any provisions of the certificate or attached list. lf, after NEER will notify OWNER and CONTRACTOR in writ- considering such objections, ENGINEER concludes that the ing giving the reasons therefor. If ENGINEER considers r Work is not substantially complete, ENGINEER will within that part of the Work to be substantially complete, the fourteen days after submission of the tentative certificate to provisions of paragraphs 14.8 and 14.9 will apply with OWNER notify CONTRACTOR in writing,stating the reasons respect to certification of Substantial Completion of that therefor. If,after consideration of OWNER's objections, EN- part of the Work and the division of responsibility in ri:- GINEER considers the Work substantially complete, ENGI respect thereof and access thereto. NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- 14.10.2. No occupancy or separate operation of part • stantial Completion(with a revised tentative list of items to be7 completed or corrected) reflecting such changes from the of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property tentative certificate as ENGINEER. believes justified after insurance. consideration of any objections from OWNER. At the time of i delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a Final Inspection: written recommendation as to division of responsibilities pend ing final payment between OWNER and CONTRACTOR with 14.11. Upon written notice from CONTRACTOR that the respect to security,operation, safety, maintenance, heat, utili- entire Work or an agreed portion thereof is complete, ENGI- ties,insurance and warranties and guarantees.Unless OWNER NEER will make a final inspection with OWNER and CON- and CONTRACTOR agree otherwise in writing and so inform TRACTOR and will notify CONTRACTOR in writing of all Isk 39 particulars in which this inspection reveals that the Work is CONTRACTOR. incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or 14.14. If, through no fault of CONTRACTOR, final com- remedy such deficiencies. pletion of the Work is significantly delayed and if ENGINEER so confirms,OWNER shall,upon receipt of CONTRACTOR'S final Application for Payment and recommendation of ENGI- „ Final Application for Payment: NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully ,--, completed and accepted.If the remaining balance to be held by 14.12. After CONTRACTOR has completed all such cor OWNER for Work not fully completed or corrected is less than rections to the satisfaction of ENGINEER and delivered in - accordance with the Contract Documents all maintenance and the retainage stipulated in the Agreement, and if Bonds have operating instructions, schedules, guarantees, Bonds, certifi been furnished as required in paragraph 5.1, the written con cates or other evidence of insurance required by paragraph 5.4, sent of the surety to the payment of the balance due for that certificates of inspection, marked-up record documents (as portion of the Work fully completed and accepted shall be provided in paragraph 6.19)and other documents,CONTRAC- submitted by CONTRACTOR to ENGINEER with the Appli- provided TOR may make application for final payment following the cation for such payment. Such payment shall be made under procedure for progress payments. The final Application for the terms and conditions governing final payment,except that Payment shall be accompanied(except as previously delivered) it shall not constitute a waiver of claims. by:(i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required Waiver of Claims: by subparagraph 5.4.13,(ii)consent of the surety,if any,to final payment, and (iii) complete and legally effective releases or • 14.15. The making and acceptance of final payment will /' waivers(satisfactory to OWNER)of all Liens arising out of or constitute: filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- 14.15.1. a waiver of all claims by OWNER against TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR,except claims arising from unsettled Liens, in CONTRACTOR that: (i) the releases and receipts include all from defective Work appearing after final inspection pursu- 1 labor,services,material and equipment for which a Lien could ant to paragraph 14.11, from failure to comply with the be filed, and (ii) all payrolls, material and equipment bills and Contract Documents or the terms of any special guarantees other indebtedness connected with the Work for which OWNER specified therein, or from CONTRACTOR'S'continuing ob- or OWNER's property might in any way be responsible have ligations under the Contract Documents;and been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, 14.15.2. a waiver of all claims by CONTRACTOR against CONTRACTOR may furnish a Bond or other collateral satis- OWNER other than those previously made in writing and I factory to OWNER to indemnify OWNER against any Lien. still unsettled. lll Final Payment and Acceptance: ARTICLE 15—SUSPENSION OF WORK AND 14.13. If, on the basis of ENGINEER's observation of the TERMINATION Work during construction and final inspection, and ENGI- 61 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 OWNER May Suspend Work: completed and CONTRACTOR's other obligations under the 7 Contract Documents have been fulfilled, ENGINEER will, 15.1. At any time and without cause, OWNER may sus- within ten days after receipt of the final Application for pend the Work or any portion thereof for a period of not more Payment, indicate in writing ENGINEER's recommendation than ninety days by notice in writing to CONTRACTOR and of payment and present the Application to OWNER for pay- ENGINEER which will fix the date on which Work will be 1-1 ment. At the same time ENGINEER will also give written resumed. CONTRACTOR shall resume the Work on the date notice to OWNER and CONTRACTOR that the Work is so fixed.CONTRACTOR shall be allowed an adjustment in the acceptable subject to the provisions of paragraph 14.15. Oth- Contract Price or an extension of the Contract Times,or both, `A'± erwise, ENGINEER will return the Application to CON- directly attributable to any such suspension if CONTRACTOR 1 TRACTOR, indicating in writing the reasons for refusing to makes an approved claim therefor as provided in Articles 11 recommend final payment,in which case CONTRACTOR shall and 12. ;,1 make the necessary corrections and resubmit the Application. !!1 Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form OWNER May Terminate: and substance and with ENGINEER's recommendation and r notice of acceptability, the amount recommended by ENGI- 15.2. Upon the occurrence of any one or more of the NEER will become due and will be paid by OWNER to following events: . . rs- 40 7 7 15.2.1. if CONTRACTOR persistently fails to perform 15.4.2. for expenses sustained prior to the effective date the Work in accordance with the Contract Documents (in- of termination in performing services and furnishing labor, eluding,but not limited to,failure to supply sufficient skilled materials or equipment as required by the Contract Docu- workers or suitable materials or equipment or failure to ments in connection with uncompleted Work, plus fair and adhere to the progress schedule established under paragraph reasonable sums for overhead and profit on such expenses; 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.4.3. for all claims,costs,losses and damages incurred 7.- 15.2.2. if CONTRACTOR disregards Laws or Regula in settlement of terminated contracts with Subcontractors, [ions of any public body having jurisdiction; Suppliers and others; and 15.2.2. if CONTRACTOR disregards the authority of 15.4.4. for reasonable expenses directly attributable to ENGINEER;or termination. 15.2.4. if CONTRACTOR otherwise violates in any sub- CONTRACTOR shall not be paid on account of loss of ...t4 stantial way any provisions of the Contract Documents; anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 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 7G CONTRACTOR May Stop Work or Terminate: CONTRACTOR, exclude CONTRACTOR from the site and '.take possession of the Work and of all CONTRACTOR's 15.5. If, through no act or fault of CONTRACTOR, the .-tools,appliances, construction equipment and machinery at Work is suspended for a period of more than ninety days by the site and use the same to the full extent they could be used OWNER or under an order of court-or other public author- . by CONTRACTOR(without liability to CONTRACTOR for ity, or ENGINEER fails to act on any Application for trespass or conversion), incorporate in the Work all materi- Payment within thirty days after it is submitted or OWNER r*:- als and equipment stored at the site or for which OWNER fails for thirty days to pay CONTRACTOR any sum finally has paid CONTRACTOR but which are stored elsewhere, determined to be due, then CONTRACTOR may, upon and finish the Work as OWNER may deem expedient. In seven days' written notice to OWNER and ENGINEER, r such case CONTRACTOR shall not be entitled to receive and provided OWNER or ENGINEER do not remedy such any further payment until the Work is finished. If the unpaid suspension or failure within that time, terminate the Agree- balance of the Contract Price exceeds all claims, costs, ment and recover from OWNER payment on the same terms losses and damages sustained by OWNER.arising out of or as provided in paragraph 15.4. In lieu of terminating the resulting from completing the Work such excess will be paid Agreement and without prejudice to any other right or to CONTRACTOR. If such claims, costs, losses and dam remedy, if ENGINEER has failed to act on an Application ages exceed such unpaid balance, CONTRACTOR shall pay for Payment within thirty days after it is submitted, or the difference to OWNER. Such claims, costs, losses and OWNER has failed for thirty days to pay CONTRACTOR r damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by upon seven day's written notice to OWNER and ENGI- ENGINEER incorporated in a Change Order, provided that NEER stop the Work until payment of all such amounts due 7 when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for CONTRACTOR, including interest thereon. The provisionsof this paragraph 15.5 are not intended to preclude CON- the Work performed. TRACTOR from making claim under Articles 11 and 12 for p an increase in Contract Price or Contract Times or otherwise r 15.3. Where CONTRACTOR's services have been so ter- for expenses or damage directly attributable to CONTRAC- minted by OWNER,the termination will not affect any rights TOR's stopping Work as permitted by this paragraph. or remedies of OWNER against CONTRACTOR then existing r or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. ARTICLE 16—DISPUTE RESOLUTION 15.4. Upon seven days' written notice to CONTRACTOR Ta_ and ENGINEER, OWNER may, without cause and without If and to the extent that OWNER and CONTRACTOR have prejudice to any other right or remedy of OWNER, elect to agreed on the method and procedure for resolving disputes r terminate the Agreement. In such case, CONTRACTOR shall between them that may arise under this Agreement, such be paid(without duplication of any items): dispute resolution method and procedure,if any,shall be as set forth in Exhibit GC-A,"Dispute Resolution Agreement,"to be 15.4.1. for completed and acceptable Work executed in attached hereto and made a part hereof. If no such agreement 7-- accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums been reached,and subject to the provisions of paragraphs 9.10, for overhead and profit on such Work; 9.11, and 9.12, OWNER and CONTRACTOR may exercise "s'" 41 such rights or remedies as either may otherwise have under the act of the other party or of any of the other party's employees Contract Documents or by Laws or Regulations in respect of or agents or others for whose acts the other party is legally any dispute. liable,claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be ARTICLE 17—MISCELLANEOUS construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Giving Notice: Cumulative Remedies: 17.1. Whenever any provision of the Contract Documents 17.4. The duties and obligations imposed by these General requires the giving of written notice, it will be deemed to have Conditions and the rights and remedies available hereunder to been validly given if delivered in person to the individual or to the parties hereto,and,in particular but without limitation,the a member of the firm or to an officer of the corporation for warranties, guarantees and obligations imposed upon CON- whom it is intended,or if delivered at or sent by registered or TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, certified mail, postage prepaid, to the last business address 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies known to the giver of the notice. available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a Computation of Times: limitation of,any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or } 17.2.1. When any period of time is referred to in the Regulations, by special warranty or guarantee or by other Contract Documents by days, it will be computed to exclude provisions of the Contract Documents, and the provisions of the first and include the last day of such period. If the last day this paragraph will be as effective as if repeated specifically in- of any such period falls on a Saturday or Sunday or on a day the Contract Documents in connection with each particular..:' made a legal holiday by the law of the applicable jurisdiction, duty, obligation, right and remedy to which they apply. such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured Professional Fees and Court Costs Included: from midnight to the next midnight will constitute a day. 17.5. Whenever reference is made to"claims,costs,losses Notice of Claim: and damages," it shall include in each case,but not be limited . to, all fees and charges of engineers,architects,attorneys and 17.3. Should OWNER or CONTRACTOR suffer injury or other professionals and all court or arbitration or other dispute damage to person or property because of any error,omission or resolution costs. T.1 r9 I [The remainder of this page was left blank intentionally.] I 42 7 7 EXHIBIT GC-A to General Conditions of the American Arbitration Association, and a copy will be sent to Agreement Between OWNER and CON- ENGINEER for information.The demand for arbitration will be made within the thirty-day or ten- day period specified in TRACTOR Dated paragraph 16.2 as applicable, and in all other cases within a For use with EJCDC No. 1910-8 (1990 ed.) reasonable time after the claim, dispute or other matter in question has arisen,and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based.on such claim, dispute or other matter in DISPUTE RESOLUTION AGREEMENT question would be barred by the applicable statute of limita- tions.L OWNER and CONTRACTOR hereby agree that Article 16 16.4. Except as provided in paragraph 16.5 below, no t of the General Conditions to the Agreement between OWNER arbitration arising out of or relating to the Contract Documents and CONTRACTOR is amended to include the following shall include by consolidation,joinder or in any other manner agreement of the parties: any other person or entity (including ENGINEER, ENGI- r, NEER's Consultant and the officers, directors, agents, em- 16.1. All claims, disputes and other matters in question ployees or consultants of any of them)who is not a party to this between OWNER and CONTRACTOR arising out of or relat- contract unless: 7 ing to the Contract Documents or the breach thereof(except for claims which have been waived by the making or accep 16.4.1. the inclusion of such other person or entity is tance of final payment as provided by paragraph 14.15)will be necessary if complete relief is to be afforded among those ;decided by arbitration in accordance with the Construction who are already parties to the arbitration, and r ,,,Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining,subject to the limitations of this Article 16.4.2.. such other person or entity is substantially in- 16.This agreement so to arbitrate and any other agreement or volved in a question of law or fact which is common to those consent to arbitrate entered into in accordance herewith as who are already parties to the arbitration and which will arise 7 provided in this Article 16 will be specifically enforceable under in such proceedings,and the prevailing law of any court having jurisdiction. 16.4.3. the written consent of the other person or entity 16.2. No demand for arbitration of any claim, dispute or sought to be included and of OWNER and CONTRACTOR 7 has'been obtained for such inclusion, which consent shall other matter that is required to be referred to ENGINEER make s ecific reference to this paragraph; but no such initially for decision in accordance with paragraph 9.11 will be P made until the earlier of(a)the date on which ENGINEER has consent shall constitute consent to arbitration of any dispute ri, not specifically described in such consent or to arbitration rendered a written decision or(b)the thirty-first day after the with anyparty not specifically identified in such consent. parties have presented their evidence to ENGINEER if a P written decision has not been rendered by ENGINEER before - ., 7 that date.No demand for arbitration of any such claim,dispute 16.5. Notwithstanding paragraph 16.4 if a claim,dispute or or other matter will be made later than thirty days after the date other matter in question between OWNER and CONTRAC- on which ENGINEER has rendered a written decision in TOR involves the Work of a Subcontractor,either OWNER or respect thereof in accordance with paragraph 9.11; and the CONTRACTOR may join such Subcontractor as a party to the failure to demand arbitration within said thirty days'period will arbitration between OWNER and CONTRACTOR hereunder. 7 result in ENGINEER'S decision being final and binding upon CONTRACTOR shall include in all subcontracts required by OWNER and CONTRACTOR. If ENGINEER renders a de- paragraph 6.11 a specific provision whereby the Subcontractor cision after arbitration proceedings have been initiated, such consents to being joined in an arbitration between OWNER 7 decision may be entered as evidence but will not supersede the and CONTRACTOR involving the Work of such Subcontrac- arbitration proceedings, except where the decision is accept- tor.Nothing in this paragraph 16.5 nor in the provision of such able to the parties concerned.No demand for arbitration of any subcontract consenting to joinder shall create any claim,right la written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER'S Consultants that making such demand has delivered written notice of intention does not otherwise exist. to appeal as provided in paragraph 9.10. 7 16.6. The award rendered by the arbitrators will be final, 16.3. Notice of the demand for arbitration will be filed in judgment may be entered upon it in any court having jurisdic- writing with the other party to the Agreement and with the tion thereof,and it will not be subject to modification or appeal. 7 [The remainder of this page was left blank intentionally.] 7 ,r, GC-Al 16.7. OWNER and CONTRACTOR agree that they shall Lion would irrevocably prejudice one of the parties. The first submit any and all unsettled claims, counterclaims, dis- respective thirty and ten day time limits within which to file a putes and other matters in question between them arising out of demand for arbitration as provided in paragraphs 16.2 and 16.3 or relating to the Contract Documents or the breach thereof above shall be suspended with respect to a dispute submitted to ("disputes"), to mediation by The American Arbitration As- mediation within those same applicable time limits and shall sociation under the Construction Industry Mediation Rules of remain suspended until ten days after the termination of the the American Arbitration Association prior to either of them mediation.The mediator of any dispute submitted to mediation initiating against the other a demand for arbitration pursuant to under this Agreement shall not serve as arbitrator of such paragraphs 16.1 through 16.6,unless delay in initiating arbitra- dispute unless otherwise agreed. -- • f . } GC-A2 r r r Section VII r Special Conditions U } L r L ( , F t L r SPECIAL CONDITIONS 1. GENERAL The provisions of this section of specifications shall govern in the event of any conflict between them and the"General Conditions of Agreement". 2. ENGINEER The word"ENGINEER" in these specifications shall be understood as referring to Dunham Engineering, Inc., of College Station,Texas, ENGINEER of the Owner. 3. EXAMINATION OF SITE OF PROJECT Prospective bidders shall make a careful examination of the site of the project, improvements to be projected, disposal sites for surplus materials, and as to method of providing ingress and egress to private properties, and methods of handling traffic during construction of the entire project. 1. 4. QUALIFICATION OF LOW BIDDER . Before being awarded a contract, the low bidder shall submit such evidence as the Engineer may require to establish financial responsibility,experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Recent experience in water tank construction projects over the past two years must be documented. At least five projects must be submitted for review with phone numbers and contact information. 5. TIME ALLOWEDFOR COMPLETION Time allotted for the completion of all items of work shall be one hundred twenty(120) calendar days total which time shall begin on the tenth(10) day after the issuance of the Work Order. The Work Order shall consist of a written request by the Engineer for the Contractor to proceed with the construction of the project The Contractor may work Monday through Saturday 6:00 a.m. to 8:00 p.m. 6. LIQUIDATED DAMAGES FOR DELAY The Contractor agrees that time is the essence of this contract, and that for each day of delay beyond the number of calendar days herein agreed upon for the completion of SC 4 the work herein specified and contracted for (after due allowance for such extension of time as is provided for in the General Conditions of Agreement) the Owner may withhold,permanently, from the Contractor's total compensation, the sum of Two Hundred Fifty ($250.00) Dollars per day as liquidated damages for such delay. 7. ADDENDA Bidders desiring further information, or interpretation of the plans or specifications must make request for such information to the Engineer, prior to seven (7) days before the bid opening. Answers to all such requests will be given in writing to all bidders,in addendum form, and all addenda will be bound with, and made a part of,the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omission from, the plans, specifications, or other contract documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written addendum may be sent to all bidders. Any addenda issued prior to five(5) days of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any addenda,if such are issued by the Engineer prior to five (5)days of the opening of bids. 8. REFERENCE SPECIFICATIONS Where reference is made in these specifications to specifications compiled by other agencies, organizations or departments,such reference is made for expediency and standardization from the material supplier's point of view, and such specifications referred to is hereby made a part of these specifications. Whenever reference is made to the furnishing of materials for testing thereof to conform to the standards of any technical society, organization, or body, it shall be construed to mean the latest standard,code, specification or tentative specification adopted and published at the time of advertisement for bids,even though reference has been made to an earlier standard,and such standards are made a part hereof to the ,. extent which is indicated or intended. 9. PROJECT MAINTENANCE The Contractor shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of the contract. Existing improvements at the project location shall at all times be protected by the Contractor during the construction specified herein. All such improvements shall be left in a condition equal to that prior to the start of construction. SC-2 r L 10. FENCES, DRAINAGE CHANNELS AND SURPLUS EXCAVATION L ' Boundary fences or other improvements removed to permit this construction shall be replaced in the same location and left in a condition as good or better than that in which they were found. 11. DISPOSAL OF WASTE The Contractor may dispose of all abrasive blasting debris on site if debris is spread no deeper than 1" in any location. The Contractor is responsible for all fees associated with testing and disposal of all wastes. All sand bags and empty paint containers shall be removed form the job site and disposed of in a satisfactory manner. This specifically prohibits burning of sandbags or other material on site. 12. WATER FOR CONSTRUCTION Water used in this project for disinfection, testing and refilling of the tank will be furnished by the Owner at no cost to the Contractor. The Contractor shall consult with the Owner regarding the need for water and shall take water in a manner and at such limes that it will not produce a harmful drain or decrease of pressure in the System's water supply. Should any tank fail the bacteriological test,the tank would need to be drained and later refilled after a second chlorination. The water for a second or subsequent filling will be at the Contractor's expense. 13. CLEANUP IT Construction-The Contractor shall at all timesthe job site as 1. During keep free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site,when it becomes objectionable, in the opinion of the Engineer. 2. Final-Upon completion of the work the Contractor shall remove from the site, all plant; materials, tolls and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. 14. GUARANTY AGAINST DEFECTIVE WORK The Contractor shall indemnify the Owner against any repairs which may become necessary to any part of the work performed under the contract, arising from defective SC-3 workmanship or materials used therein, for a period of one (1)year from the date of final acceptance of the work 15. LIGHTS AND POWER The Contractor shall provide temporary lighting and facilities required for the proper prosecution and inspection of the work Electrical power must be provided by Contractor.All air compressors and painting equipment shall be engine driven. 16. COPIES OF PLANS AND SPECIFICATIONS FURNISHED Three(3) sets of the Plans and Specifications shall be furnished without charge to the Contractor for construction purposes. Additional copies may be obtained from the Engineer at actual reproduction cost 17. COMPENSATION, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Each and every Contractor performing work at the site will not commence work until he has secured all the required insurance. This also applies to all sub-contractors who will be working on the site. 18. PORTABLE TOILET FACILITIES The Contractor shall provide portable toilet facilities at the work site when workers are present 19. TEMPORARY LIVING FACILITIES I The Contractor may not establish temporary living facilities on the project site. 20. PARTIAL In accordance with the General Conditions (Application for Progress Payment), the end 4-1 of the month is established as the progress payment date and the amount of retainage will be ten percent(10%). Contractors that submit requests for progress payments prior to the end of the month will receive payment less (10%)retainage for that month's progress by the end of the following month. All retainage will be paid on the final payment Contractor's affidavit of bills paid must be submitted with request for final payment I SC 21. USE OF LOCAL CONTRACTORS The OWNER desires for the General Contractor to use local sub-contractors if sub- contractors are required. A local contractor is defined as one that maintains an office within 150 miles of Pearland, Texas. The sub-contractors must possess the same qualifications as the general contractor in their respective fields. The following sub-contractors are pre-approved: a. Demolition of existing tank Superior Tank Company of Rosenburg, Texas. b. Painting of new tank Gulf States Protective Coatings of La Porte,Texas. All other sub-contractors must be submitted to Engineer for approval prior to the General Contractor being awarded the contract 22. SCHEDULE The existing tank cannot be demolished until two weeks before the new tank steel is scheduled to arrive on site. r r. r F SC-5 F if i Section VIII Technical Specifications L fi L r r F r SECTION VIII TECHNICAL SPECIFICATIONS SPECIAL PROVISION TO THE TECHNICAL SPECIFICATIONS(SP-1) 1. SCOPE OF CONTRACT The City of Pearland, Texas has a 555,700 gallon bolted steel water storage tank that is to be replaced with a new 500,000 gallon welded steel water storage tank. The new welded steel tank will be built on the existing concrete ring foundation with the same general dimensions as the bolted steel tank All work will be performed at the Magnolia Road water plant in Pearland,Texas. See Maps in the Drawings Section. General information on the bolted steel tank to be demolished and removed is provided in the Engineer's Report of Inspection included in the Drawings Section. The workrequired for the new 500 000gallon welded steel tank is provided in Section � A. See also Details in Drawings Section. The bolted steel tank will be drained prior to being turned over to the Contractor. The tank floor was cleaned in March of 2003 and minimal sediment is expected. It shall be the responsibility of the bidders to carefully inspect the site and all pertinent parts and devices on the existing tank to ascertain the work required to dismantle and dispose of the tank properly. It shall also be the responsibility of the bidders to carefully inspect the site in order to design and construct the new tanks and new foundation in accordance with these contract specifications. The Contractor shall use the materials specified,'ed, or materials of another manufacturer that are deemed equal in the opinion of the Engineer to the materials specified. All interior paint will conform to Standard 61 of the National Sanitation Foundation (NSF) and will be on the NSF approved list of inside finish materials. In the event the Contractor desires to substitute the products of another manufacturer, he shall apply to the Engineer in writing at least seven days prior to the bid date requesting substitution, and shall furnish with his request complete descriptive materials on the products along with NSF Certification plus full manufacturers recommendations of surface preparation and application. F L SP1-1 2. WORK TO BE ACCOMPLISHED : (a) Remove and dispose of existing 555,700 gallon bolted steel tank See Engineer's Report of Inspection in the Drawings Section for general information on this tank. (b) Inspect existing concrete ring wall foundation and identify areas required for repair to provide structurally sound foundation for new tank Repair areas at direction of Engineer by change order if required. Add gravel fill and fiber board to top of foundation. See also Section A Ground Storage Tank para. 10.0 FOUNDATION. (c) Design and construct new 500,000 gallon welded steel tank on refurbished concrete ring wall foundation. See Section A Ground Storage Tank for requirements. 3. GUARANTEE AND CLEANUP The Contractor shall guarantee to the Owner for a period of one(1)year the tank and appurtenances from the date of final inspection and acceptance to the extent that he will repair any defect that may appear in the structure. In addition, it shall be the responsibility of the Contractor to meet with the Engineer and inspect the tank eleven and one-half(111/2)months from the date of the final acceptance to determine whether the tank is still in a serviceable condition and then correct all deficiencies. 4. INSPECTION �! The work will be inspected by the Engineer's representative on a"hold-point" basis. No work may progress beyond the designated"hold-point' until the work has been approved.The following activities are designated inspection"hold-points": • Demolition of existing bolted steel tank • Repair of existing concrete foundation. • Erection of welded steel tank • Diesel test floor to wall seam. • X-rays completed. • All welding approved. • All burs and welds ground smooth. • Preparation of surface for painting. • Prime coat/stripe coat applied. • Intermediate coat applied. • Finish coat applied. • MEK cure test complete before filling. The Contractor must provide a minimum of 24 hours notice to the Engineer's representative when a hold-point inspection is required. SP1 -2 Section A Ground Storage Tank 1.0 SCOPE OF WORK 1.1 The work to be performed under this Contract shall include all labor, materials and equipment necessary for the design, fabrication, delivery, erection and painting of one welded steel ground water storage tank of style, height and capacity as shown [64 on the drawings and as specified herein. 1.2 Included with the water storage tank shall be cleaning and painting, testing, disinfection, and installation of accessories as shown on the drawings and as specified herein. 1.3 The work shall also include all materials,tools and labor necessary for the refurbishment and leveling of the gravel fill inside the existing concrete ring wall tank foundation. 2.0 STANDARD SPECIFICATIONS The latest edition of the following standards and specifications shall be used with regard to materials, design, construction, inspection, and testing to the extent specified herein. ACI 301 American Concrete Institute AWWA D100-96 Welded Steel Tanks for Water Storage AWWA C652 Disinfection of Water Storage Facilities AWWA D102-97 Coating Steel Water Storage Tanks AWS American Welding Society NEC National Electrical Code NEMA National Electrical Manufacturer's Association SSPC Steel Structures Painting Council, Volumes 1 &2, 7th Edition TCEQ Texas Commission on Environmental Quality UL Underwriter's Laboratory C NSF National Sanitation Foundation F File: PS/S_Spec.doc A- 1 Revised: November 12,2005 r Section A Ground Storage Tank 3.0 TANK DESIGN 3.1 The capacity of the tank shall have a minimum of 500,000 gallons and the overall height shall be approx. 32' with a diameter of approx. 55'. See Drawings Section for details of tank configuration. 3.2 The tank shall have a flat bottom supported by the existing concrete ring foundation and shall be of all welded construction. The bottom sides of the floor plates need to be welded on the top side only with continuous fillet welds on all seams. 3.3 Roof plates need to be lap welded on both sides. 3.4 All tank plates in contact with water shall have a minimum thickness of 1/4"and the minimum thickness of parts not in contact with water shall be 3/16". 3.5 All joints below water shall be completely seal welded including the columns to the floor joint. 4.0 QUALITY ASSURANCE 4.1 The materials, design, fabrication, erection, inspection, and testing of the tank and related appurtenances shall conform to the latest edition of the AWWA Standard for Tanks for Water Storage, AWWA D100, as published by the American Water Works Association. 4.2 All portions of the structure shall be fabricated from new,unused steel made in the United States. Mil test reports will be furnished with all steel materials. 5.0 SUBMITTALS 5.1 BID SKETCHES: not required. 5.2 DRAWINGS: The successful bidder shall furnish detailed drawings of the tank. These drawings shall be sealed by a registered professional engineer licensed in the State of Texas. 5.3 DESIGN CALCULATIONS: The successful bidder shall furnish detailed design calculations for the water storage tank. Calculations shall be submitted to and approved by the Engineer prior to the start of construction. File: PS/S Spec.doc A-2 Revised: November 12,2005 s _ I d Section A lak Ground Storage Tank 6.0 EXPERIENCE Bids will be received only from experienced tank contractors who have successfully completed at least five water storage tanks of similar style, and equal or greater capacity in the last two years. A letter shall accompany the bid listing at least five such projects including contact names and phone numbers. 7.0 GENERAL INFORMATION 7.1 Capacity: 500,000 gallons. 7.2 Height to Top Capacity Line, above top of foundation: 31' 6"feet. 7.3 Tank Style: Welded Steel,Flat Bottom. 7.4 Project Location: Water plant located at 3812 Magnolia Road off State Hwy 35 in Pearland, Texas approx. 5 miles southeast of Houston, Texas. 7.5 Time of completion: The tank shall be completed no later than 120 days from notice to proceed. 7.6 Electrical power: Contractor is responsible for providing temporary power required for construction. 7.7 Compressed air: Contractor is responsible for providing compressed air required for construction. 7.8 Details of all welded joints referenced on the Contractor's drawings shall be submitted for review. All interior joints shall be fully seal welded. 7.9 All inlet/outlet piping above the base elbow(s), and overflow piping shall be in accordance with ASTM A53. All joints connecting these pipe sections shall be welded. 7.10 Snow load: 20 psf 7.11 Wind load: 100 mph in accordance with AWWA D100 Section 3.1.4. 7.12 Earthquake design: None required 7.13 Corrosion allowance:None required. F File: PS/S Spec.doc A- 3 Revised: November 12,2005 r Section A Ground Storage Tank 7.14 Provide one 8 inch diameter drain line adjacent to or in conjunction with the overflow pipe. Install gate valve on drain line. 7.15 Provide one 8 inch diameter steel overflow pipe on the tank exterior. The overflow . system shall be designed to accommodate a maximum inlet rate of 1,500 GPM. The overflow pipe discharge shall be connected to the existing site drain. 7.16 Provide one 8 inch diameter steel fill pipe on the tank interior to fill the tank from the top. The fill pipe shall have a turned elbow fitting on top to direct the flow of water toward the center of the tank. Connect existing fill line to tank. Locate in field to insure correct location. 7.17 Provide two 12 inch diameter supply line connections on the tank. Connect existing supply lines to the connections. Locate in field to insure correct location. 7.18 Provide and install one 24 inch diameter fitting with blind flange on the side of the tank for future connection. 7.19 Provide and install one 4 inch diameter connection with gate valve for pressure sensor connection. 7.20 Provide and install one 1 inch diameter connection with sample tap. TI 7.21 A suitable vent of adequate size shall be provided near the center of the tank roof 1 to permit the passage of air. The vent shall be sized to handle the pressure differential caused by water entering or leaving the tank at a maximum rate. The maximum withdrawal rate is 1,500 GPM. The open area of the overflow shall not be considered as venting area. The vent shall have frost-free insect screens and shall be designed to relieve any pressure or vacuum in the event the screen is clogged. The vent shall be easily dismantled to remove the screens for cleaning. The insect screen material will be No. 16 stainless steel mesh held in place with top and bottom adjustable stainless steel bands. 7.22 Accessories to be provided by Contractor: a. Ladder System: Provide a standard AWWA ladder system with an exterior ladder extending from ground to roof and an interior ladder extending from opening of top hatch to floor. All ladders shall be furnished with OSHA approved cable fall prevention systems and have non-slip rungs slotted in the rails and completely seal File: PS/S_Spec.doc A-4 Revised: November 12,2005 Section A Ground Storage Tank welded on both sides. The ladder safety devices shall be galvanized cable type as manufactured by DBI/SALA Industries, or equal. LProvide and install an 8' long aluminum intruder device on the exterior ladder as manufactured by LADDER GATE or equal. b. Two (2)30" diameter bolted manways in lower ring of steel on hinges or davit arms located approx. opposite sides of the tank. Provide stainless steel nuts and bolts. c. One(1) 30 inch diameter or square hinged rain-proof lockable roof hatch. The hatch opening shall have a curb four inches high and the cover shall S- have a downward overlap of two inches. d. One(1)24 inch minimum diameter flanged exhaust hatch in center of roof The roof vent may be mounted in the exhaust batch cover plate. 8.0 WELDER QUALIFICATIONS 8.1 All welders shall be qualified in accordance with Section 8.3 of AWWA D100-96. 8.2 Certificates shall be provided prior to the start of field welding. 9.0 INSPECTION OF WELDING 9.1 Inspection shall be in accordance with Section 11.6 of AWWA D100-96. Cutting of plugs is not allowed. Inspection of welds will be performed by radiological method only. 9.2 The Contractor will employ the services of an independent inspection laboratory to perform the x-rays. 9.3 The Owner will retain a Certified Welding Inspector to select the x-ray locations and to review the film. The number and location of x-rays will be in accordance with Section 11.6 of AWWA D100-96. 9.4 Inspection of flat welds on floor will be by vacuum box method per Section 11.12 of AWWA D100-96. 9.5 Inspection of fillet weld between wall and floor will be by#2 diesel oil sprayed on exteriorseam and leaks viewed on interior. Dye penetrant method of leak detection may be used in lieu of diesel fuel method if preferred by Contractor. File: PS/S Spec.doc A- 5 Revised: November 12,2005 Section A Ground Storage Tank n 10.0 FOUNDATION 10.1 Existing concrete ring wall foundation will be used to support new tank of same size and configuration as bolted steel tank demolished as part of this contract. 10.2 After bolted steel tank is removed, check existing concrete ring wall foundation for structural defects and identify unsound areas. Repair structurally unsound areas at direction from Engineer by change order if required. Note: The new steel tank will not be erected on the existing concrete foundation until both the Contractor and Engineer agree that the refurbished concrete foundation is structurally sound and will support the new welded steel tank. 10.3 After concrete foundation is deemed structurally sound by both Contractor and Engineer, spread up to 5 cy of uniformly graded gravel fill to level existing interior gravel fill. Level fill inside concrete ring wall within+/- 1/4"from level grade at top of concrete. 10.4 After gravel fill is leveled, lay'/2"thick asphalt impregnated fiber board across entire foundation. Submit catalog cut of proposed fiberboard. 11.0 PAINTING THE TANK 11.1 GENERAL a. All tank painting shall be in accordance with Steel Structures Painting Council, approved paint manufacturer's specifications and as specified r". herein. In addition to painting the tank, approx. 20 If of existing 12" diameter steel pipe will also be blasted and painted. b. The paints and paint products specified are manufactured by TNEMEC. c. No paint shall be applied when the temperature of the surface to be painted is below the minimum temperature specified by the paint manufacturer, or less than 5 degrees above the dew point temperature. Paint shall not be applied to wet or damp surfaces or when the relative humidity exceeds 85%. Follow paint manufacturers recommendations for the specific paint system used. d. All areas blasted in the field shall be coated the same day before flash T} rusting occurs. File: PS/S_Spee.doc A-6 Revised: November 12,2005 Section A Ground Storage Tank 11.2 EXTERIOR PAINTING SYSTEM per AWWA D102-97, Outside Coating System No. 6 (OCS-6)with following changes: a. Shop Painting 1. Surface Preparation: Remove all oil and grease from the surface prior to blast cleaning. All surfaces shall be abrasive blast cleaned to a COMMERCIAL finish in accordance with the recommended methods outlined in the Steel Structures Painting Council Specification SSPC - E SP-6. 2. Shop Primer: Immediately after abrasive blasting and before any rusting occurs(within 12 hour maximum), apply one coat of zinc- urethane TNEMEC Series 90-97 to a dry film thickness(DFT)of 3.0 mils. b. Field Painting 1. Surface Preparation: After erection and prior to field touch-up priming, all surfaces shall be cleaned to remove all surface contamination including oil, grease, dust, dirt and foreign matter. Weld slag, weld spatter, and other sharp or rough projections shall be removed. All rusted, abraded and unpainted areas shall be blast cleaned to a COMMERCIAL finish in accordance with SSPC SP-6. 2. Field Touch-Up: Spot prime with zinc-urethane TNEMEC Series 90- 1 97 to a DFT of 3.0 mils. 3. Field Intermediate Coat: Apply one coat of polyamide epoxy TNEMEC Series 66 Ili-Build to a DFT of 5.0 mils. The color shall be tinted to contrast the prime coat. 4. Field Finish Coat: Apply one coat of aliphatic acrylic polyurethane TNEMEC Series 1075 Endura-Shield II to a DFT of 2.0 mils. Finish color shall be selected by the Owner. 5. Field Clear Coat: Apply one coat of aliphatic acrylic polyurethane TNEMEC Series 76 Endura-Clear to a DFT of 2.0 mils. 6. The total DFT of the four coat paint system is 12.0 mils minimum. File: PS/S_Spec.doc A- 7 Revised: November 12,2005 r Section A Ground Storage Tank 11.3 INTERIOR PAINTING SYSTEM per AWWA D102-97,Inside Coating System No. 3 (ICS-3)with following changes: a. Surface Preparation and Shop Primer: —same as above for EXTERIOR but blast standard is NEAR-WHITE in accordance with SSPC SP-10 and shop primer is TNEMEC Hydro Zinc 2000 applied at 3.0 mils DFT. b. Field Painting 1. Surface Preparation: Same as above for EXTERIOR but all areas shall be blast cleaned to a NEAR-WHITE finish SSPC SP-10. -ry 2. Field Touch-Up: Same as above for EXTERIOR but with TNEMEC Hydro-Zinc 2000 applied at 3.0 mils DFT. 4. Field Intermediate and Finish Coats: Apply one coat of polyamide epoxy TNEMEC Series 20 Pota-Pox to a DFT of 5.0 mils for each of the two coats. Alternate colors. 5. Stripe Coat: Apply one rolled or brushed coat of TNENEC Series 20 Pota-Pox to a DFT of 4.0 mils on all weld seams between prime and intermediate coats. Use different color of paint. 6. The total DFT of the three coat paint system is 13.0 mils minimum. Alternate colors between coats. Finish color to be white. 7. After finish coat has cured for at least 5 days, conduct holiday test on all immersed areas with a low voltage holiday detector. Recoat all holidays with TNEMEC Series 20. 12.0 ELECTRICAL ACCESSORIES-none required 13.0 TESTING AND DISINFECTION 13.1 Existing supply lines and fill pipes are to be re-connected to tank and is part of this contract. One 8" diameter fill line and two 12" diameter supply lines are existing. 13.2 An MEK cure test will be performed to verify complete curing of the interior coating system prior to filling with water. File PS/S_Specdoc A- 8 Revised: November 12,2005 Section A 1 7 Ground Storage Tank 13.3 The tank shall be disinfected per the requirements of AWWA C652. "Disinfection of Water Storage Facilities". Use Chlorination Method No. 2 or No. 3. 13.4 The owner will furnish sufficient water for test and sterilization to fill the tank to the maximum working level. Any leaks in the tank that are disclosed by this test shall be repaired by gouging out defective areas and re-welding. Any paint damaged by repairs shall be properly restored. 13.5 Upon completion of the disinfection procedure, the Owner or his representative shall arrange for bacteriological testing of water samples from the tank. 14.0 GUARANTEE 14.1 The Contractor shall guarantee its work for a period of one year from the date of completion to the extent that it will repair any defects of which it is notified during that period which may appear because of faulty design,workmanship or material furnished under the specifications. L14.2 All guarantees obtained by the tank contractor from the manufacturer or installer of paint, equipment or accessories not manufactured by tank contractor shall be obtained for the benefit of the Owner. END OF SECTION r r C File: PS/S_Spec.doc A-9 Revised November 12,2005 r 1PXC4 J'. IAV04. ......JO 7 7 ,a,.,..„ 1,,,,..e.,h,..,,,„6,t,p . ,t4E, ,.�g s i v.pYm�p,`T Get 25 [Tunes' Downloads E 3800 Magnolia St or e ri 6c t ° Pearfand TX 77584-1608 US Notes: ,.. i rn iggl.,"±. r4`4 r • per:C d S i AA b,1 t No 7Wei • '4 rRiiiidlr, 0 ' ' '�.. - TaCI4e7' .,e Alto 4'� ,14, - . -t a# v�i4e Levu 4 �5 k4ey�*�J y E. • '''- rock L ,, ... .\ar' ' ' fine x dt .s `A.. :. Cent Latter k : - h I.eesv$Ite• E ¢'• e... 0 I �Coppe +Gone =1at`nJtind `; 1rltak!.t.c Dibolt `- "I- - Be Tent}rie ot?,vifle"°�, as 5 40 M 7 " t frame- ': cot gan., .0 .-: Sari a-.. .. -'`� / Bry- l l#nt* i • :.• '- El1' Rh�Y'L L s ' C*dar PalriC• :� E ,,,.., 4 1,,,-Ye e ueirigs iY � Ra¢la4JI I�:pi.d r :}, - * \,i fredor. dY $ei-ca Kcurdze $fib . Pe$ti'Itic Lafayette • 7 • : voter • ' iUiercos Ft a 171 .0 27 Nevi" ems''. �aO/�R� n., _ '\�f[��lry�� a gam( a �f1 ��_rq ' '-1fi0 ,3„ t r"' ( -• 4 } N' s. 'v� 'F S_ Y ig. l44Ml SS k 2-. 'tea l A 3� t •J "w'4-1-,,`-. 'r ¢ ' -, t -. t ik 3 of �. ,..4 ¢ ... .. 9 - L Texas is •y.:.µ '?: _- k y ,; ', "" i'r u 7 war 7 p,,--..? • •. . v - .i • (,. ,- : ...:•.••• ty -'',,,‘,.. 76'x':-.,....—.44c,"44.1.kif.";,' ".--3',:ig'4446'eqe-305%.-AW*40,44-.410:45•41WOOMV - +' a l *c ", - �'` fr , 4 .7 r t a � s ) fitfn Clair p- g a t ✓3g � Wa q' * W Y �- . �+ ,r � P te FI' .George ` ' r40 t • .. kaz fir, s > ' 3 d 7 • ..,.._1''''',._' ..• ail„..Laeg,— .•4,...,4;a , f :awe, `,,"' to a c4a �" n s v l,f1 e 3* > ra Y!a ' �b %' iy 4 ate k � - g fiz � 7S� w= � „. } ; 7� 0 0:0Y . �i ��• z 43�,4#�6. i �,. , s s - 32a d Pi'.s5 c. ,�s�.qP'2006MapQ testn;:{ecaasi ' '• .. . 7 All rights reserved. Use Subject to License/Copyright This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use.MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. 7.. • Ehttp://www.mapquest.com/maps/print.adp?mapdata=l SH7onY3BgQdr4zrnB5XAK%2f9n... 11,/14./2005 iviap,zuco 1... iviajJJ — '‘.1 1 i �11,1 R ' & " E,,: T il„ ^vet J 7r - � Y r h € Y 3800 Magnolia St = 1 E ,.-.. , 5� , 77584-1608 US ,?_ .-. 2 .: PI £ *: i'}�Yl..'.3.^ i�`+y„.� n •g �q.gv...�V9e` �+ ,Yr� �'y l�" _. d 2417 p t $ d •t 3 ,14 , f ? L.; x1-- ,L ir 'erg. , -7 t xt"-' Z .1 f It 3 (1 R 631I`i••f �y fM • , s - �tJ Tp. �1{ t 9� F ,'z S F ,, •''• zCL r _ $,._ ifs w ,,R,k,,4 _ f .,n° V�Y 1 .��- i t ; 4 t E FCC L( �„ iN3 4 a • a,0 �¢Ct . , ,, 1i gr) +a-«in' ^, .,.` ' " sa" €Y ; s• ;,. _ <, y ,e` ' �„ ,, X r!4`�p obi y. pry <, r 1 �,s 3_ t 'sa'-`'3� P"z tom: '� 5�{5✓r" • °% t . -sue. . _ - 4{ �: €'7-75 `. �-r. }s '�% y/" F, , FL-,-t4.-----,.'' .......,-. 1 -----7 1 ,;,, o ..v./. .,..., 1,;'. .. ,,..,,t, k,ik.,,:t! tr"\ ,, s � ,. % i - 1 �i,' ti PQ'aQ'i@id- r 5 _ ' �i. t ip 4 f t..4. d_n..€' 1 x"izaa,s , ✓ g-1 C' 4,1 / ,AS¢ t,.47 `r y d Y{ t ¢ twl '• P '<^0,4. `i ![ ,p„4 f "' '§fir `• f-'`>kp'{h, se�'.R' ),, '` T ". �tl t ii s� ji t Wig® i lire 3 • �+ ,, �o. 7" ". .5 Imo_-.. i-i x of;`.u. i +' u r ".e,y',,. 'ie,'� i�pr r,?'� $ d1 t ' h " „ �F... �� ' , s' �t fi 1. ° ,� � , .? 1 1 4 3 i �` w £2^ �ry 3 € $ ,a $, "k-.✓s .frx ^`f 'Y'i,-�q '`C>'4,4 "7 F 'S ii .A Lv ' !\. `A L °1 ''''�• x ,t C yam` I F l y� `t. Vt fir.s "'� �'z,.``'�- '�eSc✓, ./` X-f F' .• 1 I eiff 0/ mN. f: / e i€ },` �.-', is 74,2 ` .,f.▪.t„Ask.: _,p. 1 l�. 7 \e ..>.. y' E t—a a`4 - -:, _o._.,„-1., ��• _ > ', ..v. i 3j + ?r -ram p.✓ IA'1 Ate,.„b, f.'`_ aA\ ,�r fi --, � . 2 E y �,`... 2L1{15 4ii- at»romt irtc, .� • r ° .. ._d_ . . . , _?. -. 5 i+1 4tFEQ Alt rights reserved. Use Subject to License/Copyright 1i This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. An http://www.mapquest.com/maps/print.adp?mapdata=1 SH7onY3BgQdr4zrnB5XAK%2f9n... 11/14/2005 11 iv1 1J, uc°L. iviaV° ..b.. .,a . 7 < �y: a'^ s �� •N f*: tl'�`"" � r" ! @- r �t' �„ ;. : ` � . 3 �� ti• � 7 ,„,,,,,,,,A,,,.,,,i,o,„,„7:,,;4 K-r gete 7 ..,..„,... ,,,,, 1,44414e;, r,1 ,:, .o j-11 E 3800 Magnolia St '�� i� � € Peariand TX �� 4 K � 77584-1608 US 1 i, g -i Notes:7 ti.r ll � , mi,.,,,,:.0.4,t,,, .44: '?51,zt',--V-;;-- ,__.tv4V,f:%-rt 0. ':.&'' 4,0' 'xA•i: sus.eo r/f z ....,,, ,,,,,, ;. ''\- '1 / Ili: •7 ,.. ,,,mi 1 S r br-. BraaasE. l9itd El•9rotiat • �— s� �°' ` '�EiE El I l<lg. end St estrnr L'¢t ye toy st ' fir l s� wLI ,Q �xry� ,xa 7 FIN,' ,----f--',---,,,Flp,k,,N4 1 ff-�' 3 E.� Tom+ a� 7 ,i,,,.„4„,:„,,--,,-.,,f,, 11 t '0 !:!, E 3 , i "1 Joi Uer Rd — ! a� ds Ol3c ,6a4Rs! - t s, L fBar 7 ,....„....._...„_,,___..1...,i,,, �t siali8�t,ros Dr .leJleh ,i l#H, -�tCain -...-:;,;-';7:.:.-,-I- 1 — "3 94, -ri 4 1 . 1 lz Ik, �; 1'.m.'.:'.''-3.,;..!-.Z.''':'::1'',.:::Y.,'.,:-:,‘::::,..'--,,,,..H!::'f.,','::',•:.-.:y'f:..::.,'-.,:',f---!,':•11•:i:.,,t:'-•'•..',.:..,•..,;:3:,.i.;•',:47-:-,:it,.-!.,,,.‘v";::,q.vVhe•,,?..'.,i;:-:"tf.NA-r4.,ay::tc�adtswtCt 1; lid tPi i 4a ...I.::„:.:s11I; '4311en c a 2�� ,:'1:„,—,1:'" M, :,':f,:,,:.,:-':,,:..'.]:-::,-5,.-.::"Es C'�` ^$i - $§ m 5 ' T -.,.'..':.H..,-.e.'-::-:i,,:::::;:.; ;,,.,':-'0.,: ._.i.�..3 f$"i 4 1 c 7r Ilt4i'cF!oZM EL i yg • '� 7 ,, - fg t'� . r_lico , �200.7 , I j m2is.M9te c 7 All rights reserved. Use Subject to License/Copyright This map is informational only. Flo representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any foss or delay resulting from such use. 7 7 http://www.mapquest.com/maps/print.adp?mapdata=1SH7onY3BgQdr4zrnB5XAK%2f9n... 11/14/2005 DUNHAM ENGINEERING Water Tank Consultants f pi 13141 Hill Rd. • College Station,TX 77845 • (979)690-6555 • Mobile(979)820-1648 •FAX (979)690-7034 www.DunhamFngineenng.com EReport of Inspection Water Storage Tank @ Magnolia Rd. Water Plant Pearland, Texas Conducted by Jimmy D. Dunham, P.E. October 15, 2003 1. CONSTRUCTION The bolted steel tank is 20+ years old. The tank consists of four steel rings supported by a concrete foundation. Several leaks were noted in the bolted seams. The tank consists of 37 staves each 56" wide in each of the four rings. The approx. height is 32' and the approx. diameter is 55'. 2. FOUNDATION The concrete foundation is level and in good condition. The lower ring of steel is plumb. 3. MANWAY A 2' diameter and 2' x 4' bolted manway are located in the bottom ring and were opened for the inspection. No evidence of previous leaks was noted. 4. LEVEL CONTROL (� The pressure gauge appears operational. 5. OVERFLOW PIPE The overflow pipe exits the tank at the upper wall and runs to ground level. The overflow flap valve functions properly. 6. LADDERS The exterior ladder is in good condition with no loose rungs or bolts noted. A safety cage surrounds the upper portion of the ladder. The tank has no interior ladder. FPI L 1 7. VENT The vent is centered on the roof and is in good condition and properly screened. 8. TOP HATCH The top hatch is 24" square and in good condition. 1 9. ROOF The roof is properly sloped. No bolts were missing in the seams. Steel rafters support the roof. A center column supports the rafters and roof. The roof support system is in good condition. 10. INTERIOR &COATING The interior bolted seams are in fair condition with no missing bolts. The interior galvanized coating is in fair condition with rust noted on the bolted seams and floor. The floor was cleaned as part of the inspection. 11. EXTERIOR &COATING I The exterior bolted seams are in good condition with no bolts missing. The galvanized coating is in good condition. Minor rust was noted on the roof. 12. CONCLUSIONS &RECOMMENDATONS a. The structure is 20+years old and in fair condition. b. The galvanized coating systems are aged and providing marginal corrosion protection. ,. 1 2 r E ‘..,.,....t..„:. .„,,,,,,, ,..„..t.„.„. .•.... . „•.,,,..„......•.:.:: . .,.:... ....,,....„"7.,..,:-.„.... ,..:.,,, ::„,-:,.7-,..,..-7,:„.,...-.., ,..., • ::::.,1.--•t-.. - •--„:.-:...t.„....„:„ „ . .... :._....... 1,-:„....... „..-..„,,,,,,,::.•.: .- :4,..-t.. .:w4,...:;..„4,40.4;„....k.,,,,itt ...„. .„... .„.• .4., c. E t.. ... .. „.• :.„.. „„;.,,,,,,t):ett,:q.4.14,....:,;,....4.0.4.,„4,1:•_InJt.,,,,•, ,,•„.,1.0::. ,,,.: _ .. ..:, .„.•,....:.:.t..„..„:„„„.:...,..,4-....414,4„,„:kt,:.-. .;-„...v.o.,,,..„..7r,„:tt.;,..-:„:„:„:,• t. . ,,:t... ,.),... — . ,. , . . .• . ., • . ... . - ,... ... ,., " ,. t,.....,:,„.... . ,.. •• t,...:„.„.„,,,,,,..4,31:.t:-...:-"0„.„... .,. ..,.:„..:•.•4....,,I,,,T.:::::•...„....•.,. ..i:. . :. ,.., ... , „ . .„ „....,.., ....:„. . . . ,, .. 4•,..,„ty4,k.',:•-,t,:,-,;.24'-',.", -15Ve,'•••-•*:",:''7-'-:I. ,-'..• •..."-t--........,,,,,. • •; '-' - • ,••- '. „ ---,.-•-# .4•-••••4,-,n,....14.-,..0,140:7===-;,,,,,,---....„4-;=„1.4.,-.--:..„.,-• 2 . • -,,,, • -•— „.-, :,. ..,- ' - '4,7i •-•:::'-'...t-,,V14?"-`,1----.'•;,,• 'A.;.•.'*-:$,:,..:-NW, :-J:•:;;; -,""- •- . .. . " - :#:'''''',:':,:,'F'114f:'-c-Arsst,::;1'.. 2s,,;,,-,',7-...„-,•,26,::,,:,., ii ' •„.. „ ,,,...44.-wv, ,,,,,,,,ii.,,„:- ‘1 . ..,• , .- ,, ,.,. .„-... ,..,.:,,,...4"...1.1vArA.N",. . • -.;,.:,<::,..:'•••.1-'•-•....•• • . - •-• . . .. .. r" -,::: ',:-.,..41.47:11-ve ..‘txt,i-• -,::41:',-,,,:•.,,1,1,,,,'•.'2,,' .-• • • . , • ,.,• ,...,,,,v,.,--,,,.,„. - -• 'a V.'i,.•.,N'Wi..V+ - , :.''•-•..*-:-•'",---' ."'"'",..,...,>,,,,,,,, , . .. ' ' ,,' '•- -%,-P-x.,4,1,.-.A '•0 ,17, '., .','.0.' .:'.'4,. ' , . .' :•-'''''''"'"ee.," ' •WV. •074 '0^..,•''''"-e,."'" --,,- ' .,. . ' , ,:: '. ',. ...'"\qt.t.,,,%,,..t"W i'..'.. ". X •'''''"-; .'•_.,.A.:,=. 4' - .. ,,,,,,v,,. .„:,,,,,,,,,,,,:...,.-, ,........,,...: ,:,., ' ' • :,..- ' ,..'.:::,,:•4.19:.?,0-p:,.,::#W.,.W.A,:.?r, ,,A-.',.',' .-...,d,..p.,..::.i.', ' ., ,.. .,' . ' ..-, i .,, . fil•;',.D:,..4-kfM9 '.:1:&."-el'•'•''4'''''',:.'2..t4,1Pie,“ ' ''-'1:'''''-.•'.• ' ' - ' ..L.',.'''' ''41P:4;11,,1 E : ' , , ,t ',5,'".:.2,,,,...',,,,X,, 'W.-, -e ....4-..,,,,,-.^..4.A.4 ''',414''•.,,,':';,,:',", , . ' , , • .'' . ,,,';' - c'-',..:Pr''':.....'. ',441;.i,itifX,, ';•117,4V:t',1'.4`,,4: ,,,''..'5,,Z'.'";:''';', '4..,,' .'-. '': , '.. •' ' t.',4;,',244.:,:',,,-„,t'7,,'-‘,A ' '• ''''',', ."..,',;:;44:144,-;,,,,,402.4„ .474...,,,,iV.',4i%,=4,„':„,‘',4":,e 2.:,.,:: ,',,,, ,, ' 7 .. '.. '.-„ • ,, '.I.,,,ii.--A., ,,,,,,,to,i-. . ' ''.•, A'-.-.1*A110:.$4V. ''',-41*-0;-,:!t'• :.::::,-4`;‘,:::.;."•'::':::1.;----....---.,..-.. .,;--.--,,, ,„........ ', •• : pAlt.,!41,A.A -•:,,,..„-, „, -1&n.1" ;,4'. ra‘ :,,:,!.:-:'',4i4N2:.; ; ,,eA:.„-r.,,,:,*,,5:4tyler- - -,'„,:;4:,,,,,'Z' ,'''' fiet1441.14'' 4m.-...f04-41.4.-..-4:v4inrot,..-!-',-,k7" --k•,' '..f'',4V''''4' 'k- .• ' ' ' 10''.-'''''• '' '' '' ''''' v., ;••••.:::',.',...':-.;,--: .•: -• .•' .-,,,-,„.----..t.1,-,-,----tvieip—•„.0,-.4-4%,,,,t;..,,,,..,-„,„,t., , ,,,•„,.,.• t • .. ,. ,...„,,,,,,..., ..:,•,•-':„,:t,,,,:w.„,4,•:,:,-.:-,.--...ots.,04.ww,A1 .,:;.,,,,,••,5•,.,'• - . ,, - - , •,,,,,:41i-,%•:,,,,.4,-..4.%,,,,,- ' k.',• '1-,',:-.,-,c---,''' ':'''',•;-'$1;64407'%•••1,--1.1•AAS.'1,10'04= :,-!-4-,It.;7•,••;:-I-: ''''• ':••':$:• • :.,.. . ' -.•• -- — .i,-e',.--'-:',''''' - z--IfiAL.7.1M.‘14.4.,,r71 .4i.-,:..p.z,.,fp. : :',.,iti.- .-:,.: ' Aii ..:,•., , .3-..... -.,. ,.:-... ., . :-:.4- : 7 „i,:::, .•- litmott.vt.t4.1.?...„.40,...:.c.,•,: „te.„.1.4,..tt„t„.....t.t,„t,..,:•„:„..t.tt-:.• :,:,. .,,,. .„•.: ..,.. .,.„44,...t,„..„,„,,,.:,,,,,,,tatIt,e...ttl ... _ . ,..„,11,z,.,..„_:„ ......,,itt. ..k.4.!..,,Attlmr.:ttp:.,,t:t„,.,,....„::...,,,.„,:-, ••%,. .:-..i. •„......,..,:•........::,-,-,,:,,.ri.--:,',.t::-::.;',-, ; `'•:!:-ki.z1.?j;,. .-•:4;;;.'••-M,' fe•..i.„.,,,,,,,,,,,,„",„,,,,,,,,,„,,,,,„.,„,„..,,,„...„4„,„„„,,....,..„,,,,,,,,..„-„,,,,,,..of:•....•,,,ni•--,,-.;.,......-,-;,r't,.",,,,..,.A.=,-...,..A",,,,r',,,,,,...,„:".,,,,,-,`,',-,,,,,',: `,"'",,,,..,:`,,,,,Z.,,,,,,,,r,Y,,4,,,,a;,‘k, . ..4.,,A,,,ri3OMINN:i."‘5. ;',..P,Y,',7..3,,,!...Y,.'3,4.,r„,:A.;‘,:- ,.,.: :.17 `,Q.4.??.S4,,S•...!, ,: y:',.',.4.:,,.;',q,, ,Ri.,..'',;:',!,',1,• ,,'„',..,Af,'Z;SVi.q*Z.'',,, ,!4''.i,,,,-..,..',,,,,,,..gz .,:',M,...',,,,t,4.-%,:,,..,.'. .- 7 , ,..,,,,t,,,,,-,.,,,; .,„ ,,„ ,, , ..„„1.4,,S.„1,&?tap::.',S,7,....,,,,:',,,,•t,,,,,,,,,,,,,Va,,,,„&kti,,,:, ,,,IWO.,,,,N,y,,,4,,,Or,‘,,'. 1"..1.'n 'F,P-V..4..V1",.iie „,-1.,i,Itg --.,-,,,r,,,,,,,,'.•.?'V*.,',‘,4"R'''te.''g'4:V;W!)']S*q'P t.64':',',4.-',,,e,.i,,~,‘,.,','''ke. ,'''.,:=":.:4Z's,-,,,',-t.tr.f.N;';e;i:'Wdlig„,,41k:a,A,.'„,„,N. ,..,,t.,.,.,.....„,..',..,.,. view Exterior i , .., .___..... _...., .. ,,,,,..L.:,,,,:,,,,„:„.:.,,,:,,::::: ,,:-.:, ,.;:,,, .:•,.:.•-••, ., ,:i„ -•'- ,, ,•,,•., ,,,:.; -.... '',,:.;:,...••-;';• ..•',..•:::, :,-;'''1. .lq'•'•-•:•'::::::1;':..':::;:::'.'1':•:::-;::'!;;;:! ,,.'.-.••, „ ,,, .,„,,,. .„ ,„ ,, . . ... . .• „,.. ... . ,.., ,, . . ., ,•,,,. . , . !:::•;,,..-„,,:,, ...•••-•,. '.--. . .. -, . . .4i.,.-,•, ..:=. ' . , i-, -i-:- •-••'-'.•.,•-.,, • s',,,,,:,-•-i5i.„.1 r" 1.,:.„:•••::,,,..,.....,„.,....„ ....,:. ,„ ...i .,,,,:. , .. „.. ... •:..t.. .. ::..: . . .„•:.,...t... . ...., , ,:, ..., ,,t„: ,..,,,,,,,,,,,,,.. ..".„1„5.„.... ....•,„.„..til , ... . _ . •. _ . tt: . .„.. ....... .t.,,, r _ ..., . !-•...--,...„,-,. ; •,-....,-,..:. ... •,.. . ... .::.,:,,• , ,--„. •,::-•.. .. ,...:, - '.-.., ,.•,:,,.., ,:. -,,,,i,',:-•;: -,,g,;--.1,',.,;•-.,,,a.,...-',..,.-:,•„:.,1,1 t. ,,.-„.,•:.•,-.;:, • ,,. „-..., ,..,. ,•:"„:;,, „, • •...„,,, . ,...,.,.•,:.„---:....; •, •.,.•,, . . .-: , .,,,,.•,.,,•. ,:", :;,..:.;:".7.-•,,,-,,1-:,:-•..,„ ,,,,,.,,..--,..-,,,,,,,,,,.,.,...---,-„„-,,,;,-•.:,?..; . .... „ z„. , „,. . -; • . ......„, , . • ..,,,,,.„:„.„,•„.„, 7 , , . .,,,,..... . .,, ,.:.,•.,.,,,, ,,,..„, .. . , „ .,, . .,... . . .„ , ..,.. ...._ , . ...: „,,,. - - - .,--'•;, • • - -' '• '- '' ' . , ‘,-,,•;, ..•..,.... ,-',,, . •.;i7-"'. ',',•• • .''•,f•i: ,P'.•:.--.•••::,•,,--z-. •,---,;:5, l 1-:"..-•.-; .• '--:•::::'::-- -.'.c--. :,,'.-',''''•...,,,:••',•- :-':1' •:' • :'- - -.`.N.:•,:-.•, •''• •-•- '" .- .. - --'."„•• '-.e."•,-"---. ',-5.4,....-:',"!.•,,•,•,.,.'J'*••i:•••-, :?• I. ,..-,.',•:', .•;,, '..-.'„i•,.-• :,,...'..,..- ...-.'.•.,:,..;-...,.:. '.'•,:,;,,..,...', '-•-..•,.•.,•.' " ', '.' .,•,),,,;.--., ,:•' `.,2:-..i.:•:-:::::',-• •.-1- .:'-,;••11-• •,;',-::' '.!.:,:-,,,,q•.:;.-,:•:!,,?.!,,-;:-.,•:-.• ••. :',1:'..'..::,' •,::' .'.'''''.'-','.--,•-',' •::•••. .. -'_•-•.' •.'.,:•;,„'i,.:• ,,::, ,,,,-„,..-'-*"'''',.. -:.1 , ,.,',:••-' - .•,;,!-...-'-,- ,. - •...--. ,.---.1 ... . . ..._ ..-, • • , ,.,.• , - . . .. _..„ ...„. .. •.., •T•Ipli- ..-s'•':.4' .„ .... -= , ,. ,•,. -• -,,'.1::•• -,,-. , 'Alit::• ! ii" ,,,,,t. . .., . ..„....... .t,,,.., ....,t..,... ...t. , :., .. ,,t,,,t,.,,,,t,,:e;„„,.-•:-•-i.1. sli''' E. '''' 4' -''' ''-,44:.,'':- :,"''':,,•i"-!:''V.',4 - - -. • ',...,"' • -:',,, ' ' - " 1'41,"',"4- ,.44:1,'42,4,,, --:':•.- :,:--;:'=;:,--,2','," ..-',:''''.;•••--.-,%'••: , .!=1"4.,,,,,,„,,c-•'••••'',F •''",..'. .=!-,' 1'-!.••-::=, --."=-;' •.•-•-.-•-'1,' = ---.,-•---.-'-k•-,-- ------.:'..: .--,',,,:,-':,;•:',;-•,:-•'-',",,,•.4;:.':!•-:•:- ‘••i'',•:-,,,:;7.',..,:'",]E',-•::.;.•:,: „,:::::::,,': •; ',.1A-15/4'. •.•.,',.-1-,,1• • ‘ i-,,T,•..,.-..,,,,,-;:. , :..--,,. --_. ,...,.' •-='/,-•:-.3s;',',:",•,-J r" :i.:;.,:','., •,. ',,,;-•:,•'-,:',., ';:.•, ',.. •c-,:<:-.;'..-,'.. _.••.:-•, '';. ••' • .• •...--1',',• 1,,:•:.-4;..;••- -. •.:•:•]-:ff"•,- •:-•••':-.,2:1'•'--•se:S'':-••,--:''.;:-..--74ii.-,,,.•4 L i.,;,7',.„,, „ ,,,..444', ,, - ,, - ,...,,,-- ., , '',.•, ..,' , ,. ,',,,,,,:,-,„..4' ., ,4;,,,, , '„-' '..1, <„;,,:...',' ,',,",,,`„,-:1;',;, ,,,,,....B,K7,„?4'f*,,t,g,4'4:4&:41 ',...';.''''','.'''"'4,,.:44 ',4•-•%; ':" , '4' - ' ' ..,,,-.' ,.4, ,',„ ''' , '4:r ,,>4.4,,,,, 4.4.„, '',":,'"'4, ,,,,';.,',?4,g4it ,t4 NS`4,4,Y.ti',Itt,'. §T41,,V44,Jj4 3''ttqg'A ''"';'&-:;'1;'Q;.4'.t :.'' ''' ,,.4;.V, '''''';t;.iij',;:,.:,4a41,'4"f':',k4.4'r'..i41,'414'tt,Ati,',,tV,.1-0,e"ttr,',A Ira 04:?44, VP4`!4t1141**i14* :..0,4'4,igtall'i44eY!-4:;:'i. :1,.-4'''4;4/,':',.4`4,t,,:44-?'&60;','‘,.-ii,?,,:tit,F '''t'44?0-21.Tte&V'''''f'4:4i4-43*'*A'.f4,41.&:"!'4,WPIS144*4'4,4'4V,;',Otkiiit"PtitAV-01:4,CR,A474fit444,..4g,,,444R ,,g..Z .i3Ogt„,a,gre'40 F,,,,''ila.4.,V ''''''''',i,VZ41Kt*W4.‘0,-0.41&,,,Wi'•,,t.71 .-k*k"kiWP`9,i',",'N.tlE .Zq..*4.%,ki.'",=V:SO4qP .t,41.4,,M,kil-3-t-S',,,,,t,,,,'Z'',..,.,'7"'"'4''''''''' - r'4. 1.>:%,1a4A-,,,,VOA".1.47,,,,,,,,,,,,,,, ,,,,,,,,,*,,,,,.•,,X.,.. rExterior view with manway cover removed during cleaning P 3 r- r � � ,� � v. oi.ai a.'.+fr•"'`'#,, _. +,^ t +,^x. ".;,.7,1'a..y. i7 , a c �.. �,,.t*_ � r "*_ ' R'-x-11•.'� «:. 'ill°`" _rN ,,, ., c fin- A' _ _i '"..t, ,.- r` :,-2 ". 3 - a ',� t0-...e. -am fi ` " � � '`4 s�� r'_ �� ;s • a,. r i ---..• a'. -v r-sv. , e• z ,. ,4 4 4. . n`,, ¢ r a sp x042t, s ..,,t 3 ;� ., ,,5 . ag �, - a i ��Ya+ 'fie r— -',-1.4 ,� - , 4a A ° , x .ri:` ."` '' -*a�+nkfe`m. i. r Aft Roof su• •ort system s n • • . _ , `mot c *7 '' ,, • ° ; t` i n ' ,„arm€,. •.4 ffi ,t-A, as .'.4,i a,A i 7 r 4-1 ate F d � t,. T"i. �„«E t '+. ., . ^,.fib ma Center column and sediment on floor during cleaning process n _A n 4 n ............._._ .. _. ,J 0 O x x x x x K 16FT. GATE 2 - 12" DIA. SUPPLY LINES CONTROL BUILDING 1 - 8' DIA. FILL LINE 1 - 8' DIA. OVERFLOW AND DRAIN LINES SECURITY FENCE EXISTING BOLTED TANK AND PROPOSED TANK 55FT. DIA. x 32FT. TALL) �, • • • • • 1 1 It ► ► ♦ ♦ ♦ • • • • 010 SS 4.11 fee FUTURE TANK - NOT PART OF THIS CONTRACT ♦ so. � 'II ♦ I • • • eee II 1 • • I I SCHEN ATIC SITE PAN NO SCALE st:OF,TCrYse%I �: Act* • -�i ••. * • �I / - *: A . 2 r• i tIi 0,C•SFGIS 1Ept6tf e fit```\/0�a•C. PEARLAND, TEXAS MAGNOLIA ROAD TANK SITE PLAN DUNHAM ENGINEERING INC WATER TANK CONSULTING ENGINEERS DEIGNED J.D.D. ' DRAMN J.C.P. I DATE 11 /14/2005 SHEET 1 _OF_2 ORIENTATION OF CONNECTIONS & APPURTENANCES GROUND STORAGE TANK 0" 24'1 • B L. Co 12'1 12"$ O \ Oj Nor To SCALE 55'-0" t 0 M 6 2 c SCHEMATIC ELEVATION - TANK AND APPURTANCES NOT TO SCALE EXIST. CONCRETE RING WALL FND. KEY A = B = C = D = E _ F = G = H = I = J= K = L= DRAWING KEY 30" DIAMETER MANWAY 24" DIAMETER BLIND FLANGE 8" DIA.OVERFLOW 8" DIA. DRAIN 30" DIAMETER MANWAY 4" GATE VALVE EXTERIOR & INTERIOR LADDERS 30" SQUARE OR ROUND TOP HATCH 8" DIAMETER FILL LINE (CONNECT TO EXISTING) 12" DIA. SUPPLY LINES (CONNECT TO EXISTING) 24" DIAM. VENT 1" DIA. SAMPLE TAP a•cPtE.OF ••••• .,s+ i, %Ph 0*' i JIMMY D. DUNHAMco iymax-22- -sir; 2 k ) �/ kAtEte G :* PEARLAND, TEXAS MAGNOLIA ROAD TANK CONNECTIONS DUNHAM ENGINEERING INC WATER TANK CONSULTING ENGINEERS DESIGNED J.D.O. DRA J.C.P. I °ATE 11/14/2005 I SHEET 2_OF_2