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R2007-013 2007-02-19RESOLUTION NO. R2007-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF A GROUND STORAGE TANK FOR THE LIBERTY DRIVE WATER STATION. 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 Liberty Drive ground storage tank water tower, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Tank Builders, in the amount of $294,880.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Liberty Drive ground storage tank. PASSED, APPROVED and ADOPTED this the 19th day of February, A.D., 2007. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: 64- DARRIN M. COKER CITY ATTORNEY 1-12-2007 1 1 :27AM FROM JIMMY D DUNHAM. P. E. 9796907034 P_ 2 DUNHAM ENGINEERING Wa Tank Consultants 13141 Hill Ed. • College Station, TX 77845 • (979) 690-6555 • Mobile (9 79) 820-1. : • FAX •(979) 690 7034 www DimhamEngineering.com. Bid Tabulation Sheet City of Pearland, Texas Water Storage Tank Replacement Project Liberty Drive Bids opened January 11, 2007. ® 2:00 p.m. ®. City office. Contractor Base Bid Amount Maguire Iron $397,500.00 Tank Builders $294,850.00 ** low bidder The above -named low bidder has done quality work for City of Pearland before and performed well at work done at the City of Magnolia. We feel confident that th it work on this project will be of the same high quality and in the same timely manner their previous jobs. We recommend award to Tank Builders. Timmy D. Dunham, Pam_ 1-10-2007 9:49AM FROM JIMMY D DUNHAM, P_ E. 9796907034 P_ 2 DUN 'AM ENGINEERING ERING Wate: Tank Consultants 13141 Hill Rd. • College Station, TX 77845 • (979) 690-6555 • MobzZe (979) 620.1648 • FAX (979) 690-7034 µww ihmhnmF'.n iTl eti! g.com Bid'Tabulation Sheet City of Pearland, Texas Water Storage Tank Replacement Project Liberty Drive Bids opened January 11, 2007 2:00 p.m. © City office. Contractor Base Bid Amount Maguire iron Tank Builders Central Texas Water Maintenance Gulf States Protective Coatings Lsler Demo Hunter Demo Advance Tank Jimmy D. Dunham, P.E. c u 397s'y° B- • i 1 D►IJNHAM ENGINEERING R2007-13 Water Tank Consultants 13141 Hill Rd. • College Station, TX 77845 • (979) 690-6555 • Mobile (979) 820-1648 • FAX (979) 690-7034 www.DunharnEngineering.com r SPECIFICATIONS & CONTRACT DOCUMENTS CITY OF PEARLAND, TEXAS fi WATER STORAGE TANK REPLACEMENT @ LIBERTY DRIVE L tr WATER PLANT CONSTRUCTION PROJECT Area: CIF TF61 @ JIMMY D. DUNHAM i �• 53622 'cti DUNHAM ENGINEERING, Inc. 13141 BILL ROAD COLLEGE STATION, TEXAS 77845 L. rOwnership of Documents: This document and the ideas and designs incorporated herein, as an instrument of 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. r Dunham, P.E. L, TABLE OF CONTENTS SECTION DESCRIPTION NUMBER I II BI IV V VI DRAWINGS Notice to Bidders Instructions to Bidders Bidder's Proposal Standard Form of Agreement Bonds General Conditions Special Conditions Technical Specifications Maps Engineer's Report of Inspection Details n L C SECTION I NOTICE TO CONTRACTORS RFB # 2007-011 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, 3rd floor, 3519 Liberty Dr., Pearland, Texas 77581 or delivered to the same address until 2:00 p.m. January 4, 2007 for furnishing 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 @ Liberty Drive Water Plant 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 Liberty Drive 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 # 2007-011 TO BE QPENED: 2:00 p.m. January 4, 2007 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. 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 SECTION I -1 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 may be obtained from Dunham Engineering, Inc., 13141 Hill 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 3519 Liberty Drive 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. 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. END OF NOTICE TO CONTRACTORS L r L Section II Instructions to Bidders SECTION II INSTRUC [IONS TO BIDDERS 1. PREPARATION AND SUBSSION 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 forma and then subject to rejection by non - responsiveness by failure to supply all information indicated, or by snaking 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 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 SIl'E Prior to submission of a proposal, the biddershall 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. 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 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 SPECr1.I1CATIONS 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 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 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 In 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. SECCIION II -2 r C (3) Comprehensive Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit on all self-propelled .vehicles used in connection with the contract, whether owned, non -owned or hired. (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, 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 low'- 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 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 liabilityy policy contract. The Contractor shall be responsible for insurance to cover equipment, tools, materials, supplies, etc. used in the performance of work owned or rented, the capital value of which is not included in the cost of this contract. Insurance policies are to be written by companies authorized to do business under the laws of the State of Texas and on forms approved by the State Board of Insurance of the State of Texas. The Contractor shall provide the Owner a copy of all insurance policies. 11. INDEMNIFICATION CONTRACTOR SHALL, TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, INDEMNIFY AND HOLD HARMLESS OWNER FROM 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 DIRECTLY, INDIRECTLY OR CONSEQUENTIALLY OUT OF ANY ACTION, LEGAL OR EQUITABLE, BROUGTT BY ANY SUCH OTHER PARTY AGAINST OWNER TO THE EXTENT BASER) ON A CLAIM ARISING OUT OF 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 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 DAMAGE. SECDON 11 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.ASec.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. SECTION 11 -4 C r r r r r C r ACORD„, CERTIFICATE OF LIABILITY INSURANCE PRODUCER Wm. Rigg Co. 777 Main Street, Suite C-50 Fort Worth TX 76102 (817) 820-8100 (817) 870-0310 DATE (MMIDD/YYYY) 2/26/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Tank Builders, Inc. P.O. Box 1527 Euless TX 76039-1527 INSURER A: Hartford Insurance of Midwest 37478 INSURERS: Hartford Underwriters Ins. 30104 INSURER C: Athena Assurance Co. 41769 INSURER D: Twin City Fire Insurance Co. INSURER E: Travelers Lloyds Insurance Co. 29459 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/OD/YY) POLICY EXPIRATION DATE (MM/DD/YYI LIMITS D GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 46CQT0698 Q 5/27/2006 5/27/2007 EACH OCCURRENCE $ 1,000,000 DAMAGETORENTED PREMISES (Ea occurence) $ 300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY I X I PRO- LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE X X X LIABILITY ANY AUTO 4617ENQT0699 5/27/2006 5/27/2007 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS/UMBRELLA X X LIABILITY OCCUR CLAIMS MADE QR09100731 5/27/2006 5/27/2007 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ $ $ H WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 46WEQT0697 5/27/2006 5/27/2007 WC STATU- X ORY LIMITSOER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E OTHER Builders Risk/ Equipment Floater QT6600534B295 4/1/2006 4/1/2007 $1,250,000 Bldrs Risk Limit Any One Jobsite/ Scheduled Equip $2,018,000 Rented/Leased Equip $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Drive Pearland TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r ACORD 25 (2001/08) Page 1 of 2 © ACORD CORPORATION 1988 G E EE L_. 0 2/26/2007 IMPORTANT If the 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 require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing 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. 7 ACORD 25 (2001/08) Page 2 of 2 r r 1 Section IIi Bidder's Proposal L r 7 E n 1[411 {I SECTION III BIDDER'S PROPOSAL Date /-10 Proposal of a corporationorganized and existing under laws of the Slate of YX' rs p cons ting or aJul 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 for the following prices to wit lezi0 0‘f,i /, /Cr-fre, Z rzs4,r//✓ y, 7 .haYzev / - GL4/7 s `29 e 57), 00 SECTION m - 1 C 1—f(e-77O'fv� City of Pearland, Texas Water Tank Demolition & Construction Project Item . Estimated No. Quantity Description and Price in Words 1. Lump Sum Furnish material and labor to demolish and dispose of one bolted steel water tank at the Magnethigidiged Water Plant per the. Technical Specifications for a lump sum of 56144)77f1S-V 7/iversa/14.0 dollars and z�dents. 2. Lump Sum Furnish material and labor to construct one 500;000 gallon welded steel water tank at the Water Plant per the Technical Specifications ((�� for a lump sum of ZA/O61f/O/ S��fff/ i 6-' l/ �v dollars anPcents ��n r/✓ 4s /6�r r-A1,vk7C' i� /"-/GT; e 4,065 Bid Schedule Total Price $ / 7 &CO. 610 $ 277 8sO.00 Base Bid: Total of items 1-2 above dollars anP cents 7Gca !`Tr,�.r/�sr,�� /cam%tic-ry % t j sav ,'/4 647- /i/" �� (✓ "j.,c ,G1VGG f 5 294,8504 00 a *onier, President SECTION III - 2 The undersigned bidder agrees to commence work within ten (10) days after the written notice to commence work. The work will be substantially completed in one hundred twenty (120) calendar days. Enclosed wi this proopos ..t is a cas/hiee's or ce fied check for 5-44" (is,— J4ivae r /117($ ) Dollars, or a bid bond in the sum of ($ ) 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 undersigned fails to execute the contract and the required bond with the Owner, 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 upon demand. The undersigned hereby declares that he has visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Bidder: Signed: Title Ik100 Kromer, President Tan s Address: TANK BUILDERS, INC. (817) 510-0180 FAX (517) 510.0166 13400 TRINITY BLVD. P.O. BOX 1527 EULESS, TX 76039 Seal - if bidder is a corporation Respectfully submitted, Section IV Standard Form of Agreement L r CSECTION IV C STANDARD FORM OF AGREEMENT As Adopted By 7 C 7 THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS STATE OF TEXAS COUNTY OF BRAZORIA THIS AGREEMENT, made and entered into this g i-k day of cif 4h , A.D., 2007, 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. W1TNESSETH: That for and in consideration of the payments and agreements 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 Liberty Drive Water Plant in Pearland, Texas in accordance with the base bid and all extra work in connection therewith, under the 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 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 sane 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 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. r r Party, F' t Part (0 NER By: ATTEST: 7 C r 7 tiO SECTION 1V - 2 (SEAL) Section V Bonds L n E E Zig L' PAYMENT BOND 46BCSEL5509 STAt; OF-T EXA ' COUNTY OF Dallas KNOW ALL MEN BY THESE PRESENTS: That Tank B u i 1 de rs , Inc. of the City of E u l e s s , County of Tarrant Texas , as principal, and Hartford Fire Insurance Company , and State of 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 Pe a rl and Texas (Owner), in the penal sum of Two Hundred Ninety Four Thousand Fi ah Huindrari Fi -F y Dollars ($ 294,850.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated 5)", day of /S A- , 20 O ) , 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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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. 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 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 addition to the teiuts of the contract or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have: signed and sealed this 7 instrument this day of Principal By: Title- , 20 (SEAL) � �,�y yy44GiSe 27��Cp,• Har$ nrd Fit EEE999 q +' 0 - tr+� ty ,74 0 ae M/9 PrWskIen f af ^�� 'M1Js ''�3o,•p4M1Z� TANKBUILDERS, INC. .p��saDp LQ4i6raEF• Address: (o1 r) � iu-i�n0 FAX ( i i) 5i,-ui & 13400 TRINITY BLVD. oO;X I�zl EU.ULESS, TX 7 Telephone: (SEAL). P T 7H PA 4P!. C I mpany Title• Attorney -in -fact Address: 690 Asylum Ave. Hartford, CT 06115 Telephone: 888-266-3488 Name and Address of the Resident Agency of Surety is: The Bell Agency,Inc. 16980 Dallas Parkway Dallas, TX 75248 File Number: 4025 • Countersignature of officer, director, principal or shareholder of the Resident Agent of Surety: Printed Name: Vincent V. Bell 1.7 1f L L L L L! L. PERFORMANCE BOND 'STAI OF XAS COUNTY OF Dallas 46BCSEL5509 KNOW ALL MEN BY TI-IESE • PRESENTS: That Tank Builders. Inc. of the City of Eu l e s's Texas , County of Tarrant , as principal, and Hartford Fi.re Insurance Company , and State of authorized under the laws of the State of Texas to act as surety on bonds of principals, _ are held and firmly bound unto Ci tyoof Pearl and -Texas (Owner), in the penal sum of Two Hundred Ninety Four Thousand ;Eight Hundred Fifty Dollars ($ 294,850.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successorsand assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain 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 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 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. 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 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 addition to the terms of the contract or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have :"-signed and instrument this Principal By: Title: Address: (EAL) day of , 20 Ju Cs 4--� .r� 4 �1 ,4�q;F,47v'G�7; 9Ned� •m ` �s 9�'-"_..,;'�.''> �i �. Sure 0.2 Gal On* PrrAhr.1,3 f‘. TANK BUILDERS, INC. (517 510 01L3 MC (817) iO-= 13400 TRINITY BLVD. 0 L, 0 a, �°CaU3�U nn rrvdrd7 1.V. tat111 1 �6 EULESS, X 76039 Telephone: Title- Attorney -in -fact sealed this fl Address: 690 Asylum Ave. Hartfnrd , CT 063-15 Telephone: 888-266-3488 Name and Address of the Resident Agency of Surety is: The Bell Agency, Inc. 16980 Dallas Parkway Dallas, TX 75248 File Number: 4025 Countersignature of officer, director, principal or shareholder of the Resident Agent o Surety: Printed Name: Vincent V. Bell n n n SECTION V r r L Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance. Company Hartford. Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regardingClaims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: Fax — Claims E-mail Mailing Address : 888-266-3488 860-757-5835 or 860-547-8265 bond.claims@thehartford.com The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 f� LI r L Hartford Fire Insurance Company Hartford, Connecticut Financial Statement, June 30, 2006 (Statutory Basis) ASSETS LIABILITIES U.S. Government Bonds Bonds of Other Governments State, County, Municipal and Miscellaneous Bonds ......... Stocks Short Term Investments Real Estate Cash Agents' Balances {Under 90 Day Other Invested Assets Miscellaneous Total Admitted Assets STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD } $ 157,313,320 259,875,070 9,469,110,924 6,017,398,789 344,851,185 $ 16,248,549,288 $ 107,795,042 140,491,753 2,966,446,228 371,326,910 2,148,231,292 $ 21,982,840,513 ss. Reserve for Claims $ and Claim Expense Reserve for Uneamed Premiums Reserve for Taxes, License and Fees Miscellaneous Liabilities Total Liabilities Capital Paid In $ Surplus 54,740,000 10,519,292,679 6,374,172,685 2,097,015,403 84,037,535 2,853,582,211 $ 11,408 807,834 Surplus as regards Policyholders... $ 10,574,032,679 Total Liabilities, Capital and Surplus $ 21,982,840,513 Colleen Mastroianni, 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 condition as of June 30, 2006. Subscribed and sworn to before me this 15th day of August, 2006. ercCLao-i.� . Patricia E. Davis Notary Public My Commission Expires September 30, 2007 Colleen Mastroianni, Vice -President Rot,. . PlAAAA-GrKts. Patricia A. Murrone, Assistant Secretary n L Forst CS-19-37 HF Printed in U.S.A. E L L' n Li 1 L L' POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835) Agency Code: 4 6 503840 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 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 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford 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 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida 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, ESTAEVA DE LEON, BETTY KAMMERDIENER OF DALLAS, TEXAS their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as 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. 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 Attomey. COUNTY OF HARTFORD 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 said 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. Ot . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT 1 s. Hartford 7 David T. Akers, Assistant Vice President CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2007 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 Attomey executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. Gary W. Stumper, Assistant Vice President f"4 1 POA2005 L r rs"L Section VI General Conditions r r r r r r This document has important feral c,nsequences: consultation with an attorney is encouraged with respect to its completion or modification. I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee rSO SO NATIONAL "OF, PROFESSIONAL ENGINEERS. rouID!D.. n14 and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910.8-A-1 or 19104-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 C rntract 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. 1910-121 (1990 Edition) may be used. r 0 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 601 Madison St.. Alexandria. VA 22314 zz bb 1Z 1Z 1z 1z of or - oz or 61 61 61 81 81 81 81 81 81 81 LI LI LI LI slti2p! to Jaw!e 11'S aaurnnsut proaog i ° 01'S siunowy ;Rotnpaa Jo; Augq!suodsab s.110LW21.LNOJ 6'S suo!Su►aud uo!IelpaueJ Jo aon°N 8'S atuemsu! 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JePs0 PPP orl 61'1 ww loSuoJ 5.X33NION3 81.1 2133NION3 L1'1 ' muamifV asp Jo alto ae!saay3 91' 1 seu!+a s1'1 aAPaafaP ►1'1 2iQI.7Vt1.LN0 £rl sauna utesmo3 axed itenoura Z1'I 11'1 01'1 13P10' ID 6'1 spuog . 8' 1 suawannbaa au!PP!B su wnooa Supp!B 9'1 P!H rt SolsagsY ►' ulauged Jo; uono!Iddy Icy iagrunN aZod SNOLLIGNOJ 1V113N3D 30 S.LN31NOJ 30 31SVl VI ri ePuoPPV 1'1 SNOLLNIA3a '1 all 'P JagwnN ydoaaomd JO appuy Article or Paragraph Page Number A Tide Number 5.12-5.13 'Receipt and Application of Insurance Proceeds Z� 5.14 Acceptance of Bonds and Insurance: Option w Replace 22 5.15 Partial Utilization -Property Insurance 23 6. CONTRACTOR'S RESPONSIBILITIES 6.1.6.2 Supervision and Superintendence 63-6.5 Labor. Materials and Equipment 6.6 Progress Schedule 6.7 Substitutes and "Or -Equal" hems: CONTRACTOR'S Expense: Substitute Construction Methods or Procedures: ENGINEER's Evaluation 6.8.6.11 Come ewing Subcontractors. Suppliers and Others: Waiver of Rights 6.12 Patent Fees and Royalties 6.13 Permits 6.14 Laws and Regulations 6.15 Taxes 6.16 Use of Premises 6.17 Site Cleanliness 6.18 Safe Structural Loading 6.19 Record Documents 6.20 _ - Safety and Protection 621 Safety Representative 6.22 Hazard Communication Programs 623 Eminencies 6.24 Shop Drawings and Samples 6.25 Setbmistal Prooedurcs: CONTRACTOR'S Review Prior to Shop Drawing or Sample Submittal . 6.26 Shop Drawing & Sample Submittals Review by ENGINEER 627 Responsibl7ity for Variation From Contract Documents 6.28 Related Work Performed Prior to ENGINEER'S Review and Approval of Required Submittals 629 Cow the Work 6.30 CONTRACTOR'S General Warranty and Guarantee 6.31.633 Indenmibcation 6.34 Survival of Obligations 7. OTHER WORK 7.1-7.3 Related Work at Site 7.4 Coordination 8. OWNER'S RESPONSIBILITIES ... 8.1 Communication to Contractor 82 Replacement of ENGINEER 83 Furnish Data and Pay Promptly When Due 8.4 Lands and Easements: Reports and Tests Insurance 83 23 23 23 23 23 NNNielgigttigigt:UUUW 27 27 27 27 28 28 28 28 29 29 29 29 29 29 29 29 2 Article or Paragraph Pan Number d• Title Number 8.6 Change Orders 29 8.7 Inspections. Tests and Approvals 8.8 Stop or Suspend Work: Terminate CONTRALIOR's Services 8.9 Limitations on OWNER's Responsfinlities 8.10 Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Material 8.11 Evidence of Financial Arrangements 9. ENGINEER'S STATUS DURING CONSTRUCTION 9.1 OWNER'S Representative 92 Visits to Site 9.3. Project Representative 9.4 Clarifications and interpretations 9.5 Authorized Variations in VNork 9.6 Rejecting Defective VVak 9.7-9.9 Shop Drawings. Change Orders and Payment 9.10 Determinations for Unit Prices 9.11-9.12 Decisions on Disputes; ENGINEER as kith! Interpreter 9.13 Limitations on ENGINEER'S AutboOty and Rapatsfi Braes 10. CHANGES IN THE WORK 10.1 OWNER Ordered Change 102 Claim for Adjustment 10.3 Work Not Required by Contract Dccumetttts 10.4 Change Orden 10.5 Notification of Sanely 11. CHANGE OF CONTRACT PRICE' 11.1-11.3 Contract Price; Claim for Adjustareattt: Value of the Work 11.4 Cost of the Work 113 Exclusions to Cost of the West 11.6 CONTRACIOR's Fee 11.7 Cost Records 11.8 Cash Allowances 11.9 Unit Price Work 12 CHANGE OF CONTRACT TIMES 12.1 Claim for Adjustment 122 Tame of the Essence 12.3 Delays Beyond CONTRACTOR'S Control 12.4 Delays Beyond OWNER's and CONTRACTOR'S Control 13. TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Nona of Defects 13.2 Aeeess to the Work 13.3 Tests and Inspection: Contractor's Cooperation V 30 31 3l.- 30 3 31 31'1 32 32 32'_327 32_ 32 32 °1 33 34� 34 34- 35 35 33:_ 35 35 35 - 35 36 71 36 36 36' 1 L L r i r r Article or Paragraph Number & Tide 13.4 - OWNER% Responsibilities: Independent Testing Laboratory . 13_5 CONTRACTOR's Responsibilities 13.6-13.7 CoveringWork Prior to Inspection. Testing or Approval 13.8-13.9 Uncovering Work at ENGINEER's Request 13.10 OWNER May Stop the Work 13.11 Correction or Removal of Defective Work 13.12 Corection Period 13.13 Acceptance of Defective Work 13.14 OWNER May Corect Defective Work 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1. Schedule of Values 14.2 Application for Progress Payment 143 CONIRAC OR's Warranty of Trtle 14.4-14.7 Review of Applications for Progress Payments 142-14.9 Substantial Completion 14.10 Partial Utilization 14.11 • - Final Inspection Page Number 36 36 36 36 36 37 37 37 .37 37 38 38 38 39 39 39 Article or Paraeraph Number & Trie 14.12 Final Application for Payment 14.13-14.14 Final Payment and Acceptance 14.15 Waiver of Claims 15. SUSPENSION OF WORK AND TERMINATION • 15.1 OWNER May Suspend Work 15.2-15.4 OWNER May Terminate 15.5 CONTRACTOR May Stop Work or Terminate • 16. DISPUTE RESOLUTION 17. MISCELLANEOUS 17.1 Giving Notice 17.2 . Computation of Tunes 17.3 Notice of Claim 17.4 Cumulative Remedies 17.5 Professional Fees and Court Costs Page Number 40 40 40 40 40 40 41 41 42 42 42 42 42 Included 42 EXHIBIT GC -A (Optional): Dispute Resolution Agreement (Optional) GGAI - 16.1-16.6 Arbitration GC Al 16.7 Mediation GC-A2 r 3 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of - Bonds and Insurance 5 14 defective Work 10.4.1. 13.13. 13.15 final payment 9 12. 14.15 insurance 5.14 other Work. by CONTRACTOR 73 Substitutes and "Or -Equal" Items 6 7.1 Work by OWNER 2.5 6.30. 634 Access to the - Lands. OWNER and CONTRACTOR responsibilities 4 1 site. related work 72 Work. 132. 13.14. 149 Aas or Omissions-. Acts and Omissions -- CONTRACTOR 6.9.1.9.133 ENGINEER 6.20. 9.133 OWNER 620.8.9 Addenda -definition of lasso see definition of Specifications) (1.6. 1.10. 6.19) 1.1 Additional Property Insurances 5.7 Adjustments Contract Price or Contract Tastes I .S. 3.5. 4.1. 4.3.2. 4.5.2. 45.3. 9.4. 9.5. 10.2-10.4. 11. 12. 14.8. 15.1 peagress schedule 6.6 A greement- definition of 1.2 AB risk Instrronce. policy form 5.6.2 Allowances. Cash 11.8 Aare Contract Documents 35 Amendment. Written - in general .... 1.10. 1.45. 3.5. 5.10. 5.12. 6.6.2. 6.8.2. 6.19. 10.1. 10.4. 11.2. 12.1. 13.122. 14.72 Appel. OWNER or CONTRACTOR intent to 9.10. 9.11. 10.4. 162. 163 Application for Payment - definition of 13 ENGINEER'S Responsibility 9 9 Anal payment 9.13A. 9.13.5. 14.12-14.15 m general 2.8 2.9. 5.6A. 9.10. 155 progress payment 14.1. 14.7 review of 14.4-14.7 Arbitration (Optional) 16.1-16.6 Asbestos- t is anthem thereto 4.52 4.53 CONiRACTOR authorized to stop Work 4.52 deraitiom of 1.4 OWNER responsibility for 43.1. 8.10 possible price and times change 432 Authorized Variations in Work 3.6. 625. 6.27. 9.5 Availability of Lands 4.1.8.4 Award. Notice of -defined 1.25 Before Starting Construction 2.5-2.8 Bid -definition of 1.5 (1.1. 1.10. 23. 33. 4.2-6A. 6.13. 11.43. 11.9.1) Article or Paragraph Number Bidding Documents -definition of 1.6 (6.8.2) Bidding Requirements --definitions of 1.7 (1.1.4.2.6.2) Bonds - acceptance of 5.14 7 additional bonds 105. 11.4.5.9 Cost of the Work 11.5.4 definition of 1.8 delivery of 2.1.5.1 7 final application for payment 14.12.14.14 general 1 10. 5.153. 5.13. 9.1310.5. 14.7.6 performance. Payment and Other 5.1 5.2 Bonds and insurance --in general 5 Builder's risk •'ap risk" policy form 5.6.2 Cancellation Provisions. Insurance 5.4.11.. 58. 5.15 Cash AUowatrces 11.8 Certificate of Substantial Completion 138.6302.3. 14.8. 14.10 Certificates of Inspection 9.13.4. 13.5. 14.12 Certificates of Insurance .. 2.7. 53. 5.4.11. 5.4.13. 5.65. 5.8. 5 14.9.13.4. 14.12 Change in Contract Price - Cash Allowance 11.8 claim for prim adjumneru ..... 4.1. 42.6. 4.5. 5.15. 6.82. 9.4. 9.5. 9.11. 102. 103. 11.2. 139. 13.13. 13.14. 15.1. 15.5 C�ONIRACiOR's fee 11.6 Cost of the Week general 11.4-11.7 Esdusions to 11.5 7 Cost Records 11.7 in general 1.19. 1.44. 9.11. 10.42. 10.43. 11 Lump Sum Pricing 11.3.2 Notification of Surety 103 Scope of 10.3-10.4 Testing and 1 npecian. Uncovering the Work 139 Unit Price Work 119 Value of Work 113 Change in Contract Times - Claim for times adjusunent .... 4.1. 42.6. 45. 5.15. 6.8.2. 9.4. 95. 9.11. 10.2. 10.5. 12.1 13.9. 13.13. 13.14. 14.7. 15.1. 15.5 Contractual time limits 122 Delays beyond CONTRA 1)R's control 123 Delays beyond OWNER'S and CONCRACIOR's car Vol 12.4 Notification of surety 10.5 Scope edging: 10.3-10.4 Change Orders - Acceptance of Defective Work 13.13 Amending Contract Documents 35 Cash Allowances 11.8 Change of Contract Price 11 Change of Contract Times 12 Changes m the Work 10 CONIRACIOR's fee 11.6 Cost of the Work .11.4.11.7 4 :truck or Paragraph Number Cost Records - 11.7 definition of 1.9 emergencies 6.23 ENGINEER% responsibility 9 8 10.4. 11.212.1 execution of 10.4 Indannifcation 6.!2. 6.16. 6.31. 6.33 Insurance. Bonds and 5 10.5.13. 10.5 OWNER may terminate 15.2-15.4 OWNER% Responsibility 8.6. 10.4 Physical Conditions - Subsurface and. 4.2 Underground Facilities 4.32 Record Documents 6 19 Scope of Change 10.3-10.4 Substitutes 6.73.6.8.2 Unit Price Work 11.9 value of Wink. coveted by Changes in the %Mork Notification of surety. OWNER% and CONTTRAC'TOR% responsibilities 10.4 Right to an adjustment 102 Scope of change 103.10.4 Cfaituts-- U3 10 103 against CONTRACTOR against ENGINEER against OWNER Change of Contract Prize Change of Contract Tames 6 16 6.32 632 94 112 9 4. 121 CONTRACTOR% 4. 7.1.9.4. 9.5. 9.11. 10.2. 11.2. 11.9. 12.1. 14.8. 15.1. 15.5173 CONTRACTOR% Fee 11.6 CONTT'RALTOR's liability 5 4 6 12. 6.16631 Cost of the Work 11.4. 11.5 9.11.9.12 C7ardtc ations and Interpretatwns Clean Site Decisions on Disputes Dispute Resolution 16.1 Dispute Resohnien Agreement 16.1-16.6 ENGINEER as initial interpretor 9.11 Lump Sum Pricing 11.3.2 Notice of 17.3 OWNER% 9 4 9.5. 9.11. 10.3. 112. 119. 12.1. • 13.9. 13.13. 13.14. 17.3 OWNER% liability 5.5 OWNER may refuse to make payment 14.7 Professional fees and Cron Costs Included 17.5 request for formal decision on 9 11 Substitute items 6.7.1.2 Tine Extension 12.1 Time requirements 9.11. 121 Unit Price Work ' 11.9.3 Value of 11.3 Waiver of -on Final Payment 14.14. 14.15 Work Change Directive 102 written notice required 9.11. 112. 12.1 3 63.9.4.9.11 6.17 Codes of Technical Society. Orcwuzruon or Association 333 Commencement of Contract Times .. 2.3 Communications- general Hazard Communication Programs Completion - Final Application for Payment Final Inspection Final Payment and Acceptance Patial Utiliation .article or Paragraph Number 62. 6.92. 8.1 6.22 14.12 14.11 14.13-14.14 14.10 Substantial Completion 1.38. 14.8-14.9 Waiver of Claims 14.15 Computation of Tunes 171.1-17.22 Concerning Subcontractors. Supdiers and Others 6.84.11 Conferences - initially acceptable schedules 2.9 2.8 Conflict. Error. Ambiguity. Discrepancy - CONTRACTOR to Repot 2.5. 33.2 Construction. before starting by CONTRACTOR .... 23.2.7 Construction Machinery. Equipment. etc. 6.4 Continuing the Work 6.29. 10.4 Contract Documents - Amending 3.5 Bonds 5.1 Cush Allowances 11.E Change of Contract Price 11 Change of Contract Trines 12 Changes in the Work 10.4-10.5 check and verify 23 Clarifications and Irtapretations 32.3.6. 9.4. 9.11 definition of 1 10 ENGINEER as initial interpreter of . 9.11 ENGINEER as OWNER's representative 9.1 general 3 Instmance 53 Intent 3.1-34 minor variations in the Work 3.6 OWNER% responsibility to furnish data 8.3 OWNER% responsibility to make Minn( payment 8.3. 14.4. 14.13 preoedetee 3.1.333 . Record Documents 6.19 Reference to Standards and Specifications of Technical Societies 3.3 Rented Work 7.2 Reporting and Resolving Discrepancies • 2S. 33 Rare of 3.7 Supplementing 3.6 Termination of ENGINEER% Employment 82 Unit Price Work 119 variations 3 6.6.23627 Visits to Site. 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IJOM an!aa.PQ 30 3311ada33V Jo Ienoua% •uofaauo, ZI•EI pound 110f33JJ0D rz suawm0Q 3o Saldop r6 9 Au151!suodsau s.11 ovxu'1O ixryiniv ydOh DJad Jo apiJJy Article or Paragraph Number -Limitations on ENGINEER's Authority and Responsibilities 913 OWNER's Representative 9.1 'Project Representative 9.3 Rejecting Defective Work 9.6 Shop Drawings. Change Orders and Payments 9 7-9 9 Visits to Site 92 Unit Price Determinations 9.10 Visits to Site 92 Written comae required 7.2.9.1 Equipment. Labor. Materials and 634.5 - Equipment rental. Cost of the Work 11.4.53 Equivaknt Materials and Equipment 6 7 Errors or omissions 6.33 Evidence of Ramada'1 Arrangements L I 1 Explorations of physical conditions 42.1 Fee. CONTRACIOR's-Costs-Plus 11.6 Fadd Oider- ddnitian of 1 19 issued by ENGINEER 3.6.1. 9.5 Final Application for Payment 14.12 F� Inspection 14.11 and Accepumee 14.13-14.14 Prior to. far cash allowances 11.3 - General Piuv ions 173-17.4 General Requirranents-- ddantion of 1.20 principal references to 2.6. 6.4. 6.64.7. 624 Giving Notice 17.1 Guarantee of Work -by CONTRACIOR 6.30. 14.12 Haard Communication Programs 6.22 Hazardous Waste - definition of 121 general 4.5 OWNER's responslrlity for 8.10 Indemnification 6.12. 6.16. 631-633 Initially Acceptable Sdrodulos 2.9 Inspection - Certificates of 9.13.4. 13.5. 14.12 Fna1 14.11 Special. required by ENGINEER 9.6 Tests and Approval 8 7.13.313.4 Insu rance-- Acoeptance of. by OWNER 5 14 Additional. required by comes in the Wirrrk 11.4-5.9 Before starting the Work 2.7 Bonds and -in ge metal 5 Cancellation Provisions 5.8 Certificates at ..2.7. S. 53. 5.4.11. 5.4.13. 5.6.5. 5.8. 5.14. 9.13.4. 14.12 completedopts 5.4.13 CONTRACTOR's Liability S.4 C33NIRACIOR's objection to coverage 5 14 Liability 5.4.10 Article or Paragrap:1 Number deductible amounts. CONTRAC1OR's a-{ responsibility S: Final Application for Payment Licensed Insurers 5-3 Notice requirements. material changes 5.8. 10.SC1 Option to Replace 5.14 other special insurances 5 10 OWNER as fiduciary for insureds OWNER'a Liability 5.! OWNER's Responsibility 8.5 Partial Utilization. Property Insurance 5.1 Progeny 5.6-5.I( Receipt and Application of Insurance Proceeds .. 5.12 5.13 Special Insurance 5 10 Waiver of Rights 5.1 Intent of Contract Documents 3.1-3.44 Interpretations and Clams 3 63.9.4" Investigations of physical conditions 42 Labor. Materials and Equiptihent 63.631 Lands- and Easements 8.4 Availability of 4.1.8. Reports do Teats 8.4 Laws and Regulations -Laws or Regulations - Bonds - 5.1-52 Ganges in the Woork 10.4. Contract Documents 3 I CONTRAC.7OR's Responsibilities 6.14` Correction iiriod. defective Work 13.12 Cost of the Work. tastes 11.43.47 definition of 122 general 6.14 Indemnification 631-633 hindrance 5.3 Precedence 3.1.333 - Rdemahoe to 33.1 Safety and Protection 620.132 Subcontractors. Suppliers and Others 6.8.6.11 Teats and inspections 13.5 Use of Premises 6.16 Visits to Site 92 Liability Insurance - CONZRALiOR's 5.4 OWNER's 53 Licensed Sureties and insurers 5.3 Dens - Application for Prtrgr ss Payment 142 Contractor's Warranty of Title 143 Foal Application for Payment 14.12 defmitan of 1,23 Waiver of Claims 14.15 Lemons on ENGINEER's authority and7/ tesponstblities 9.I3 Limited Reliance by CONTRACTOR Authorized 4.2.2 Mainmance and Operating Manuals- Fnr•J Application for Payment 14.12 ri Manuals (of others}- . Pretence 333.1 E Ankle or Paragraph Number Reference to in Contract Documents 33.1 Materials and equipment - furnished by CONTRACTOR 63 not incorporated in Work 142 Materials orequipment-equivalent 6.7 Mediation (Optional) 16.7 Milestones -definition of 1.24 Computation of Tunes 172 Cumulative Remedies 17.4 Giving Notice 17.1 Notice of Claim 173 Professional Fees and Court Costs Included 17.5 Multi -prime contracts 7 Not Shown or indicated 432 Notice of - Acceptability of Project 14.13 Award, definition of 1.25 Claim 17.3 Defects. 13.1 Differing Subsurface or Physical Conditions .. 4.23 Giving 17.1 Tests and inspections 13.3 Variation. Shop Drawing and Sample 6.27 Notice to Ptocced- delmition of ' 126 giving a 2.3 Notification to Surety 10.5 Observations. by ENGINEER 630. 92 Javpant y of the Work Omissions or acts by CONTRACTOR "Open peril" policy form. Insurance Option to Replace "Or Equal" Items Other work Overtime Work --prohibition of 63 OWNER - Acceptance of defective Work • appoint an ENGINEER as fiduciary 5.12 5.13 Availability of Lands. responsibility 4.1 ddmition of. 127 data. furnish 83 May Correct Defective Work 13.14 May refuse to make payment 14.7 May Stop the Work 13.10 may suspend work. terminate 8.8. 13.10.15.1-15.4 Payment. make prompt 83. 14.4. 14.13 performance of other Work 7.1 permits and licenses. requirements . 6.13 purchased insurance requirements 5 6-5.10 OWNER's- Acceptance of the Work 6.30.2.5 Change Orders. obligation to ertenim 8 6. 10.4 Communications 8.1 Coordination of the Work - 7.4 Disputes. request for decision 9 11 5.15. 6.302A. 14.10 6.9.9.13 .5.6.2 .5.14 6.7 .7 13.13 ' Patent Fees and Royalties 8.2 Payment Bonds Payments. Recommendation of 14.4.14.7. 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments 142 CONTRACTOR's Warranty of Title 143 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14.13-14.14 general 8.3. 14 Partial Utilization 14.10 Retainage 142 Review of Applications for Progress Payments 14.4-14.7 prompt payment 83 Schedule of Values - 14.1 Substantial Completion 14.8.14.9 Waiver of Claims 14.15 when payments due 14.4. 14.13 withholding payment 14.7 Performance Bonds 5 1 52 Permits 6 13 Inspections. tests and approvals Liability Insurance Notice of Defects Representative -Doing Construction. ENGINEER's Status 9.1 Responsibilities - Asbestos. PCBs. Petroleum. Hazardous Waste on Radioactive Material 8.10 Change Orders 8.6 Changes in the Work 10.1 oommtmicntions 8.1 CONTRAC;.OWs responsibilities 8.9 evidence of financial arrangements 8.11 inspections. tests and approvals 8.7 Instuanoe 8.5 rands and easements 8.4 prompt payment by 8.3 replacement of ENGINEER 82 reports and tests 8 4 stop or suspend Work 8.8. 13.10. 15.1 tercnnate CONTRACIOR's services 8.8.152 separate nerve at site 9.3 independent testing I3.4 use or occupancy of the Work 5 15. 14.10 written consent or approval requited 9.1.63.11.4 written notice required 7.1.9.4. 9.11. 112. 11.9. 14.7. 15 4 PCBs- defmition of general OWNER% responsibility for Partial Utilization- • of 1.28 general 6302.4. 14.10 Property Insurance 5 15 6 12 5 1-52 Amick or Paragraph Number 8 7 13.4 SS ' 13.1 129 4.5 810 9 Article or Paragraph Number definition of 1.30 general 4.5 OWNER s responsibility for 8 10 %pleat Conditions -- Drawings of. m or relating to 4212 ENGINEER'S review 4.2.4 casting synclines 4.2.2 genera! 4212 Subsurface and. 4.2 Underground Fealties 4.3 Possible Contract Documents Change 4.2.5 Possible Price and Tortes Adjustments 42.6 Reports and Drawings 421 Notice of Differing Subsurface or. 423 Subsurface and 42 Subsurface Conditions 421.1 Tulin I Data. Limited Reliance by CON[RACIOR Authorized 42.2 Underground Facilities_. general . 43 Not Sbown or indicated 432 Protection of 43. 6.20 Shoran or indicated 4.3.1 Technical Data 422 reconstruction Conference 2.8 rdiminary Matters 2 edinhinary Schedules 2.6 rues. Use of 6.164.18 rice. Change of Contract 11 rice. of 1:11 'ogress Payment. Appiicatiosa for ogress egress schedule. CONLRACIOR's eject --definition of 14.2 142 2.6 2.8 296.6. 6.29. 10.4. 1521 1.31 irject Rue- ENGINEER's Status During Construction eject Reprove. Resident -definition of 133 ompt payment by OWNER 8.3 eperty lasnanee Addrsiom! 5.7 general 5.6-5.10 Partial Utilization 5.15. 14.102 receipt and application of proceeds 5.12-5.13 election. Safety and 6.20.6.21. 132 arch list 14.11 aboactive Material -- definition 132 general 45 DWNER s responsibility for 8 10 sonic elation of Payment 14.4. 14.5. 14.13 cord Documents 6.19. 14.12 cords. procedures for maintaining faience Points 4.4 femme to Standards and Specifications if Tedmical Societies 2.8 Article or Paragraph Number Regulations. Laws and tor) 6 14 Rejecting Defective Work 9 6 Related Work - at Site 7 1 73 Performed prior to Shop Drawings and Samples submittals review 6.28 Remedies. cumulative 17.4. 17.5 Removal or Correction of Defective Work 13.11 rental agreements. OWNER approval required 11.4.53 replacement of ENGINEER, by OWNER 82 Reporting and Resolving Discrepancies .... 2.5. 3.3.2. 614.2 Reports - and Drawings 4.2.1 and Tests. OWNER'S responsibility 8 4 Resident Project Representative -- definition of 1.33 provision for 9.3 Resident Superintendent. CONTRACIORs 62 Responsm6bties- CONTRACIOR's-in general 6 ENGINEER's-in general 9 Limitations on 9.13 OWNER'S -in general 8 Retaittage 142 Reuse of Doatmzazs 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal 625 Review of Applications for Ptvgtess Payments 14.4-14.7 Right to an adjustment 102 Ri cants of Way 4.1 Royalties. Patent Fees and 6.12 Safe Sum:rural Loading 6.18 Safety -- and Protection 43.2.6.16.6.18.6.20-6.21.72. 132 9-3 genera! 620.623 Representative. 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"um; dogod ..sml P saw= i S« ssatpo Aq 1'pr9 8r9-pr9 '8Z 8r9 8Z•9 Pr9 'L'6 r9•E sr' 1133N1ON3 £q —el = RA 'a1!S ss u!lu loD ol!S ssaaoV Polo!Pui Jo umotlS suonru!ugns ow0Jdde at asn somP000ld PoPoqus sam-000id "gym �NOM luouPJ 6'6-C6 Sr9-IV9 iagwn, Mautaj 103 AlMq!sooduoi sara3N10N3 P IT~oulds sa33NJON3 PAP ydo.iaoJad •o ala ur wue muotuArd 1os suonv!IddV V = MO OttetD f •saputes Pus —siu!Mer4 dogS Article or Paragraph Number Access to the Work. by others 132 CONTRACIOR's responsibilities 133 cost of 13.4 covering Work prior to 13.6-13.7 Laws and Regulations tor) 13.5 Notice of Defects 13.1 OWNER May Stop Work 13.10 OWNER's independent testing 13.4 special. required by ENGINEER 9.6 timely notice requited 13.4 Uncovering the Work. at ENGINE:R's request 13.E-13.9 Tnnes- Adjusting 6.6 Change of Contract 12 Adjusting 6.6 CCaarputation of 17.2 Contract Tmres-.-defination of 1 12 day 17.72 Milestones 12 Rom appeals 16 da:lations. chime and disputes 9.11. 11.2.12 of contract times 23 p eoonstructioa conference 2.8 scbedWes 2.6.2.9.6.6 starting the Work 24 Title. Wanertty of 143 Uncovering Work 13.E-13.9 Uoderpouod Hakim Physical Conditions - definition of . 1.41 Not Shown or Incanted 432 protection of 43. 6.20 Shown or Indicated 43.1 Unit Price Work - claims 11.93 definition of 1.42 general 11.9. 14.1. 143 Unit Priers - general 11.3.1 Determination for 910 Use of Premises 6.16. 6.18. 6.30.2.4 Utity owners 6.13. 6.20. 7.1-73. 13.2 12 Variation and deviation authorized. 1 Article or Paragraprt J Number Z1uiization. Partial 1.28. 5.15. 6.30. 2.4. 14.1� Value of the Work 11._ .� Values. Schedule of 26. 2.8-7-9.14.1 Variations in Work -Minor Authotjzcd 625. 6.27.9.:l Visits of Situ -by ENGINEER 9..'- Waiver of Claimson Final Payment 14.1. .Waiver of Rights by insw d parties 5.11. 6.1:. Warranty and Guarantee. General -by CONTRACTOR Wananty of Title. CONTRACTOR'S 14.: Work - Access to 13.2 by others. Changes in the 1L Continuing the. '. CONTRACTOR May Stop Work or Te nni = 1S.5"� I:oordina:ion of 7.4 Cost of the definition of neglected by CONTRACTOR other Work OWNER May Stop Work 13.10 OWNER May Suspend Work 13.10. 15.1 Rioted. Wok at Site 7.1-7.37 Starting the 2.4 - Stopping by CONTRACTOR 15.5 11.4-11.5 - 143 13.141 7. Stopping by OWNER 13.1-15.47 minor 3.6 Work Change Din:dive- dmis pursuant to 1021 definition of 1.44. 1 principal references to 3.53.10.1-102 Written Amendment - definition 6nition of 1.45 principal ref nes = to ... 1.10. 3.5. 5.10. 5.12. 6.6.2. 622. -• 6.19. 10.1. 10.4. 112. 12.1. 13.122. 14.72 Written C latif>eations and Interpretations 3.63.9 4.9.11 Written Notice Retpared-- by CONTRACTOR 7 1 9.10.9.11. 10.4. 112. 12.1 by -OWNER. .9.106.11. 10.4. 112. 13.14 7 GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Whoever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the Bidding Requiremenss or the Contract Documents. 12 Agreement —The written contact between OWNER and CONTRACTOR covering the Work to be performed: other Coemaa Documents arc amclned to the Agreement and trade a part thereof as provided therein. 13. Appliattioet for Praymern—The font accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is requited by the Contract Documents. 1.4. Asbestos —Any material that contains more than one patent asbestos and is friable or is releasing asbestos fibers into the air above arrrem action levels established by the United States Occupational Safety and Health Administration. 13. Bid —The offer or proposal of the bidder submitted on the preserthed foam seating forth the prices for the Work to be 1.6. Bidd ng Documents —The advertisement or invitation to Bid. instructions to bidders. the Bid form. and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requiremeius—The advertisement or invita- tion to -Bid. instructions to bidders. and the Bid form. 1.8. Bards —Performance and Payment bonds and other instruments of seauity. 1.9. Change Order —A document recommended by ENGI- NEER. which is signed by CONTRACTOR and OWNER and authorizes an addition. deletion or revision in the Work. or an adjustment in the Contact Price or the Contact Times. issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement. Addenda (which pertain to the Contract Docunents). CONIRACIOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement. the Notice to Proceed. the Bonds. these General Conditions. the Supplementary Conditions. the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment. together with all Written Amendments. Change Orders. Work Change Directives. Field Orders and ENGINEER'S written interpretations and clarifications issued pursuant to paragraphs 3.5.3.6.1. and 3.6.3 on or after the Effective Date of the Agreement. Shop -Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contact Price —The moneys payable by OWNER to' CONTRACTOR for completion of the Work in a=ordance with the Contract Doaanatss as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement (i) to achieve Substatitiaf Common. and min to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accor+dance with paragraph 14.13. 1.13. CONTRACTOR —The person. firm or corporation with whom OWNER has eructed into the Agreement. 1.14. defective —An adjective whicli when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. in that it does not conform to the Contract Doc - meats. or does not meet the requiresnents of any inspection. reference standard. test or approval referred to in the Contact Doawments. or has been damaged prior to ENGi- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.IS. Drawings —'line drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contact Documents. Shop drawings are not Drawings as .so defined. 1.16. Elective Date of the Agreenienl—The date indicated in the Agreement on which it becomes effective. but if no such date is indicated it means the date on which the Agrsamau is signed and delivered by the last of the two patties to sign and deliver. 1.17. ENGINEER The person. firm or corporation named as such in the Agreement. 1.18. ENGINEER's Conavlrmu—A person. fun or corpo- ration having a contras with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. • 1.19. Field Order A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price Or the Contract Times. 13 1.20. General Requirements —Sections of Division i of the Specifications. 121. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations: Laws or Regulations Any and all applicable laws. rules. regulations. ordinances. codes and orders of any and all governmental bodies. agencies. authorities and courts having jurisdiction. 123. Liens —Liens. charges. security interests or endow bcanoes upon real property or personal property. 124. Milestone --A principal event specified in the Con- tract Documents relating to an intennediate completion date or time prier to Substan dal Compheian of all the Work. 1.2S. Notion ofAward—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent succesdnd bidder with the conditions precedent numerated therein. within the time specified. OWNER will sign and deliver the Agreement. 1.26. NotieetoPtoceer AwnttennoticegivasbyOWNER o CONTRACTOR (with a copy to ENGINEER) fixing the laseon which theCotractTimes will consomme to rim and on which CONTRACTOR shall start to perform CONTRA[- DR's oblipfions under the Contract Doearmestts. 1.27. OWNER The public body or authority. corpora - ion. association. firm or person with whom CONTRACTOR as altered into the Agreement and for whom the Work is to be eovided. 1.211. Partial Udllzatian—Use by OWNER of a substan- aily completed part of the Work for the purpose for which it is tended (or a related purpose) prior to Substantial Completion f a0 the Work. 1.29. PCCRs—Polydhl rinatcd biphenyls. 1.30. Pardem—Petroletun. including exude oll or any action thereof which is liquid at standard conditions of mtpe ratue and pressure (60 degrees Fahrenheit and 14.7 maids per square inch absolute). such as oil. patrolmen. fuel h. of sludge. oil refuse. psohine. kerosene. and oil mixed with her non-Haatdous Wastes and crude oils. 131. • Project —The total construction of which the Work to provided under the Contract Documents may be the whole. a pan as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source. special nuclear. or 'product material as defined by the Atomic Energy Act of 54 (42 USC Section 2011 et seq.) as amended from time to Me. 1.33. Resident Project Representative— The authorized) representative of ENGINEER who rr.ay be assigned to the she- ar any part thereof. 134. Samples —Physical examples ofmaterials. equipment. or workmanship that are representative of some portion of the Work and which establish the standards by which such partially -- of the Work wall be judged. 1.35. Stop Drawings —All drawings. diagrams. illustra- tions. schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. • S Those of the Contract Doc- p P cements amsisting of written technical descriptions of materi- als. equipment. construction systems. standards and workman- ship as applied to the Work and main administrative details ; J applicable thcrezo. 1.37. Subcontractor —An individual. flan or corporation having a direct contract with CONTRACTOR or with any other Subcontractor actor for the performance of a pan of the Work at the site. 1.38. Substantial Completion —The Work (or a specified past them() has progressed to the point where. in the opinion of ENGINEER as evidenced by ENGiNEER's definitive came of Substantial Completion. it is seiSiciendy can - One, in accordance with the Contract Documents. so that the Work (or specified pan) can be utilised for the purposes for which it is intended: or if no such ce a is issued. whentbe Work is complete and ready for final payment as evident d by ENGINEER's written recommendadon of final payment in accordance with paragraph 14.13. lire terms "substantially complete" and "subs ally completed" as applied to all or part of the Work safer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Can- didates. 1.40. Supplier —A manufacturer. fabricator. supplier. dis- tnbutor. mate ialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish matai- els or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. UndergrawidFaeiuies—M p es.00rrduits.duets. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or enactments. and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. 1.42. 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Apmzrdas sir! -J*A a91 Jo u0n3nnsuo3 pataidWo3 a1!1ua ay,L—YJ°4i '£b' I r-- attended by CONTRACTOR. ENGINEER and others as ap- propriate will be held to establish a working understanding the parties as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings and other submittals. processing Applications for Payment and maintaining required records. acridly Acceptable Scheduler 2.9.2 Unless otherwise provided in the Contract Docu- ments. a,e least ten days before submission of the bast Applica- tion for Payment a conference attended by CONTRACTOR. ENGINEER and cabers as applopriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional tern days to make and adjustments and to complete and resubmit the schedules. No prog<ess payment shall be made to CONTRACMR until the schedules are aubmined to and acceptable to ENGINEER as provided beloat The press schedule wall be acceptabk to - ENGINEER es providieog an orderly progressing& of the Work to completion within any specified Milestones and the Contract limes. but such aeoeponce wall neither impose on ENGI- NEER tesponsiliffey for the semencing. schetbdingorprc of the Work nor mere with or relieve CONTRACTOR from CONTRACTOR's hail resprosibllity therefor. CONTRACIOR's sebedtde of Shop Drain and Sample admissions wall be aooeporbte to ENGINEER as providing a workable anew ant for reviewirog and ' the required CONIRACIOR's schedule of takes will be aceeptabie to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE 3.1. The Contract Doeaarnents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Docuntients are complementary; what is welled for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the ply of the Project. 3.2. It is the intent of the Contract Documents to describe a fimetionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Dora enzs or from prevailing custorn or trade usage as being required to produce the intended result will be furnished and performed whether or nor specifically called for. When words or phrases which have a well- known technical or oonstru tiom industry cr trade meaning are used to Work. materials or equipment. such words or phrases shall be interpreted in accordance with that meaning. Chan cations and 'interpretation of the Contract Documents shall be] issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical 1 Societies: Reporting and Resolving Dam 3-3.1. Reference to zt9.da.d.s ins. manuals oil codes of any technical society. or association. or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implication. shalt-1 mean the latest standard. specification. manual. code or Laws or Regulations lationns in effect at the time of opening of Rids ' (or. on the Effective Date of the Agreement if there were no Rids). except as may be otherwise specifiolly stated in then Contract Documents. 33.2. U. during the performance of the Work. CON- r . TRACTOR discovers any conflict. error amlaiguity or dis- cepaucy within the Comaet Documents or between the Coon= Documents and any provision of any such Law or Regulation applicable to the performance of the Wfotk or of ri any such standard. specification. manual or coda or of any I instruction el any Sum referred to in paragraph 6.5. CONTRACTOR shall repon it to ENGINEER in writing at once. and. CONTRACTOR shall not proceed with the We* affected thereby (except in an enangency as authericed by paragraph 6.23) =ill an amendment or supplement to the Contract Documents Ins been issued by one of the methods indicated in paragraph 33 or 3.6; provided. however. that CONTRACTOR shy not be liable to OWNER or ENGI- NEER for failure to report any such conflict. errors ambigu- ity or disemennecy unless CONTRACTOR knew or reason- r - ably should have known thereof. 3.3.3. Except as otherwise specifially stated in the Contract Documents or as may be provided by amendment or supple ntent thereto issued by one esf the methods indi- caueed in paragraph 3.3 or 3.6. the provisions of the Contract Documents shall take precedence in resolving:any conflict. error ambiguity or discrepancy between the provisions of 7 the Connect Documents and: 333.1. the provisions of any such standard. speei- fiotiorn. mambal. code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 33.32., the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interprettuicen of the provisions of the Contract Documents would result in violation of such Law or Regulation). 1 No provision of any such standard. specification. manual. code or instruction shall be effective to change tbeduie sacd 1 responsibilities ofOWNER.CONTRACTOR or ENGINEER. or any of their subcontractors. consultants. agents. or em- ployees from those sex forth in the Contract Documents. nor shall it be effective to assign to OWNER. 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'31JOM aq3 us sw 1133NION3 30 hula -SPnf m Mta!wa3 •uoelmonep '1Uausasrrsbas s aq!Jasap 03 pawn am 3Jodan! Jo mama aalh Jo smug*" Jo ..Amungspes.. Jo ..mod...: a14 .... at4w!ns...: algsuosa:au.. sawnmafpe all m 'pawn ass uaduzs Ja 3m032 a711130 swsas Jo ..pamudde so, •• gaamo1R se...; pannbau se_ ..•Panmau!P se.; pa sspuo se„ suua3 ays s3uawnmoa J70131103 2y1 ut JawauagM let •ssuaus 413043 lmenuoD ay3 3o uo!sund Ja43o Aug Jo EI'6tIdt -WW1 Jo suo!s!waul all grim 3uaJsmuom d!!!q!stwdsau ages -spun o1 Aluogsne Jo Alsip Aue Jo :Isom ay1 io amueuuopad ..J 4.2.2. Limited Reliancr by CONTRACTOR Authorized: • Technical Dam: CONTRACTOR may rely upon the general accuracy of the -technical data" contained in such reports and drawings. but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Exexpt for such reliance on such -tech- nical data.- CONTRACTOR may not rely upon or make any claim against OWNER. ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes. including. but not limited to. any ads of the means. methods. techniques. se- quences and procedures of construction to be employed yy CONTRACTOR and safety precautions and programs inci- dent thereto. or 4222. other data. intermetations. opinions and infor; oration contained in such reports or shown or indicated in such drawings. or 4.223. any CONTRACTOR 6uerprs ation of or conclu- sion drawn ftom any -technicl data or any such data. opinions or information. 423. Notice of Differing Subsurface or Physical Condi- glans: If CONTRACTOR believes that any subsurface or physical condition at orcontiguous to the site that is uncovered -err revealed either 423.1. is of such a nature as to establish that any "teedtmical data" on wbidt CONTRACTOR is entitled w rely as provided in paragraphs 421 and 422 is matesialiy curate. or 4.2.32 is of such a nature as to require a change in the Contract Documents. or 4.2.3.3. differs materially from that shown or indicated in the Coarsen Documents. or 4.2.3.4. is of an unusual name. and differs materially from conditions ordinarily encountered and generally recog- nised as inherent in work of the character provided for in the Contract Documents: then CONTRACTOR shall. promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23). notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 424. ENGINEER'S Review: ENGINEER will promptly review the . pertinent conditions. determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions. 425. Possible Contract Documents Chasse: If ENG1 NEER concludes that a change in the Contract Documents i , requited as a result of a condition that meets one or more of the categories in paragraph 423.. a Work Change Dins:rive or Change Order will be issued as provided in Anicle 10 to reflec and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitabii adjustrnatt in the Contract Price or in the Contract Times. o� both. will be allowed to the extent that the ezatence of such uncovered or revealed condition causes an increase or de- crease in CONIRACIOR's cost of. or time required foil performance of the Work: subject. however. to the following 4.2.6.1. such condition must meet any one or more of categories described in paragraphs 4.23.1 though 423.47 inclusive: 4 2.6.2. a change in the Contract Doannents pursuant to � paragraph 4.2.5 will not be an automatic authorization of non a condition pru edam to entideme3t to any such adjustment; 4.2.6.3. with aspect to Work that is paid for on a Unit Price Basis. any adjustment in Contract Prix will be subject' - to the provisions of parapaphs 9.10 and 119: and 4.2.6.4. CONTRACTOR shall not be entitled to adjustment it the Contract Price or Times if: 426.4.1. CONTRACTOR knew of the existence af� such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Prieeand Con tract Tunes by the submission of a bid or becoming bound under* negotiated contract: or 426.42. the existence of such condition could tea- sanably have been discovered or revealed as a result of 7 any examination. investigation. exploration. test or study of the site and contiguous areas to tired by the Bidding - Requiremems or Contract Doannents to be conducted by or for CONTRACTOR prior to CONTRAC-TOR's making 1 such final oonmmtmeos: or 426 43. CONTRACTOR failed to give the written notice within the time and as required by paragraph 423. 1 If OWNER and CONTRACTOR are unable to apee on entitlement to or as to the amount or length of any such 1 equitable adptstnent in the Contract Price or Contract Tunes. a claim maybe made therefor as provided in Ankles I 1 and IL However. OWNER. ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims. _ costs. losses or damapes sustained by CONTRACTOR on or in ccnnee rlon with any other project or anticipated project. 4.3. Physical Cr ons—Uwderaroew4 F 4.3.1. Shown a indicated The information and data shown 7 or indicated in the Contract Documents with respect to existing Underpou cad Facilities at or contiguous to the site is based on 18 r r-� information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the acawacy or completeness of any such informa- tion or data: and 4.3.12 The cost of all of the following will be included in the Comuact Price and CONTRACTOR shall have full respon- snbTmy for: (i) reviewing and checking all such information and data. (ii) looting ail Undeegnwnd Faa"ities shown or indicated in the Contract Documents. (in) coordination of the Wok with • die owners ofsudh Underground Faalitiesduring cansuttction. and (iv) the safety and protection of all such Undc,ltm cad Faclaims as provided in peragraph 6.20 and repairing any damage thereto rewhing from the Work. 4.32 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was n ot shown or indicated in the Contract Doannents. CON- TRACTOR shall. pt>xuptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forating any Work in connection therewith (except in an emesgeaey as required by paragraph 6.23). identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent. if any. to which a charge is required lathe Contract Documents to reflect and document the consequences of the existence of the Underground Fealty. If ENGINEER con - dudes that a change in the Contract Documents is required. a Work Change Directive or a Change Order will be issued as • provided in Article 10 to reflect and document such conse- quences. During such time. CONTRACTOR shall be nespon- Ale for the safety and protection of suds Undegra d Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in die Contract Price or an extension of the Camacc Tuna. or both. to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Comma Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are tenable to agree on entide- mont to or the amount or length of any such adjustment in Contract Price or Contract Tina. CONTRACTOR may make a dawn therefor as provided in Articles 11 and 12. However. OWNER. ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims. costs. losses or dance incurred or sustained by CONTRACTOR on or in cortneaion with any other project or anticipated project. Rejaeace P 4.4. OWNER shall provide eneineering surveys to estab- lish reference points for construction which in ENGINEER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work. shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any refexexnce point is lost or destroyed or requires relocation because of my changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. diabetes. PCBs. Pdrolenm. Hazardous Waste or Rredis- amve Mandel: 4.5.1. OWNER shall be responsible. for any Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or Pmpety exposed thereto m connection with the Work at the site. OWNER shall not be respoasWle for any stash menials brought to the site by CONTRACTOR. Subcontractor. Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.52 CONTRACTOR shall immediately: (i) stop ail Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23). and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall prompdy consult with ENGINEER comae - mg the necessity for OWNER to retain a gtdified czpat to evaluate web hazardous condition or take corrective action. finny. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required pencils related thereto and delivered to CONTRACTOR special written notice: n specifying that welt condition and any affected area is or has been rendered safe for the resaahption of Work. or (in! specifying any special conditions under which web Work may be reamed safely. If OWNER and CONTRACTOR ranmot agree as .a entitlement to or the amount or extent of an adjustment. ifany. in Calumet Price or Contact Tunes as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed. either party may make a claim therefor as provided in Articles 11 and 12. 43.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based. on a reasonable belief it is unsafe. or does not agree to resume such Work under such special conditions. then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to enticement to or the amount or extent of an adjustment. if any. in Contract Price or Contract Times as a result of deleting such portion of the Work. then eider party may make a claim therefor as provided in Articles 11 and -12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR. Subcontractors. ENGINEER. ENGINEER's 19 Consuhams and the officers. directors. employees. agents. caber consultants and subeonuactors of each and any of them from and against ail claims. costs. losses and damages arising out of or resulting from such hazardous condition. provided that (i) any such claim. cost. loss or damage is attributable to bodily iq jtuy. sickness. disease or death. or to injury to or desomedom of tangible pcope:ty (other than the Work itself). mending the loss of use resulting therefrom. and (u) nothing in this subparagraph 45.4 shall obligate OWNER to indemnify' any person or entity from and against the consequences of that person's or entity's own negii- gear. 4.5.5. The 'envisions of paragraphs 42 and 4.3 are not intended to apply to Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5—BONDS AND INSURANCE rolwmmace. Papaws d Otter Bandy: 5.1. CONTRACTOR shall fivaish Performance and Pay- - went Bonds. each in an amount at least equal to the Contract Price as security for the faithfid performance and payment of all CONiRAC7OR's obligations under the Conned Docu- ments. There Bonds shalt remain in effect at least until one yearafter the date when final payment becomes due. e; r.cept as provided otherwise by Laws or Regulations or by the Connect Doam'ems. CONTRALTOR shad also furnish such other Bonds as are required by die Supplementary Conditions. All Bonds shall be in the form premised by the Connect Docu- ments except as provided otherwise by Laws or Regulations. and shall be maned by such sureties as are named in the current list of "Companies Holding Catifiatcs of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Caripaaies" as published in Circular 570 (amended) by the Audit Staff. Bureau of Govermnent Financial Opera- tions. -U.S. Treasury Department All Bonds signed by an agent must be aa:ampanied by a certd' ied copy of such agent's authority to act. 5.2 If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any sate where any pan of the Project is located or it ceases to meet the recruitments of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety. both of which must be acceptable to OWNER. 5.3. Licensed Swedes and lasts ers; Certf entur of lastranor. 5.3.1. Ali Bonds and insurance required by the Contract Documents to be pwcnased and maw by OWNER or CONTRACTOR shall be obtained from Wray or insurance companies that are duly licensed or authorized in the jur, diction in which the Project is looted to issue Bonds co- insurance policies for the limits and coverages so requited Such surety and insurance.compasties shall also meet saun additional requirements and qualifications as may be tin_ vided in the Supplemaintry Conditions. 532. CONTRACTOR shall deliver to OWNER. w copies to each additional insured identified in the Supt,' mawry Conditions. edifiates of insurance (and other evidence of insurance requested by OWNER or any othrl addtional -gunned) which CONTRACTOR is required purchase and maintain in accordance with paragraph S.4. OWNER shall deliver to CONTRACTOR. ith copies, ia each additional mimed identified in the Supplementer Conditions. certificates of i nswanee (and other evidence: c.. insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER is required to purchase an' maintain in accordance with paragraphs 5.6 and 5.7 hate COMRACWR's lioi3ry is crane e 5.4. CONTRACTOR shall purchase and anainain such liability and other insurance as is appropriate far the Win being peifanned and furnished and as will provide proto ooa� Man claims set forth below which may arise out of or resent from CONiRACIOR's pc:f ran an= and furnishing of the :Mork and CON RAC7OR's other obligations under the COO Meet Documents. whether it is to be pesfo red or fur fished CONTRACTOR. any Subcontractor or Supplier. or by anyone direcdy or indirectly employed by any of them to perform furnish any of the Work. or by .anyone for whose acts any o theme may be Gable: 5.4.1. claims under workers' compensation. disabilittl benefits and other similar employee benefit acts: 5.42 claims for damages because of bodily inju% oc cupedonal sickness or disease. or death of CONTRAC. TOR's employees: 5.4.3. claims for damages because of bodily injury. sidcri nos or disease. or death of any person other than CON. TRAC1OR's employees: 5.4.4. claims for damages insured by customary personal injury amity coverage which are sustained: (i) by any ll person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (ul� by any other person for any other reason; 5.4.5. claims for damages. other than to the Work itself. because of injury to or destruction of tangible property wherever located. including loss of use resulting therefrvmu and 5.4.6. claims for 1 deranges because of bodily injury or, death of any person or property damage arising out of the — ownership. Maintenance or use of any motor vehicle. 20 E E The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: . 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive. include as additional insureds (subject to any customery exclusion in respect of profes- sional liability) OWNER. ENGINEER. ENGINEER% Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds. and include coverage for the respective officers and employees of all such additional insureds; 5A.8include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations. whichever is greater; 5A.9. include completexl operations insurance; 5.4.10. include canractual liability insurance covefing CONTRACTOR's indemnity obligations under paragraphs 6.12. 6.16 and 6.31 through 633; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at least thirty days prior written n otice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a casificate of insurance has been issued (and the caduceus of insurance furnished by the CONTRALTOR pitmans to paragraph 5.3.2 will so pro- vide); 5.4.12. rennin in effect at least until final payment and at all times Mamba when CONTRACTOR may be conga- ing. removing or replacing defective Work in amordance with paragraph 13.12; and — 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a alum -made basis. remain in effect for at lean two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a catfficate of insurance has been issued evidence satisfactory to• OWNER and any such additional insured of continuation of such insurance at final payment and one year thaeafter). OWNER's Lia' bray Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER. at OWNER's option. may purchase and maintain at OWNER's expense OWNER% own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Piu;eny Ianwunce: 5.6. Unless otherwise provided in the Supplementary Con- ditions. OWNER shall purchase and maintain pniperty insur- ance upon the Work at the site in the amount of the fun replacement cost thereof (subject to such deductible amounts as • may- be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the inteiests of OWNER. corrntAc- TOR. Subcontractors. ENGINEER. ENGINEER% Con- sultants and any other persons or. entities identified in the Supplementary Conditions. each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured: 5.6.2. be written on a Builder's Risk -all-risk- or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work. temporary buildings. fabework and Work in mask and shall mane against at least the following pails fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse. debris removal, demolition cccasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be speciimBy required by the Supplementary Conditions 5.6.3. include expenses incum:d in the tepair or mplace- man of any insured property (including but not limited to fees and charges of engineers and anditects); 5.6.4. cover materials and ecptipment stored at die site or at anodier location that was agreed to in uniting by OWNER prior to being incorporated in the %%irk. wadded that such matatis and equipment have been included in an Applies- tico for Payment reconimended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise noted to in writing by OWNER. CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a cadficate of insurance has been issued. 5.7. OWNER shall puichase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER. ENGINEER% Consultants and any other pawns or entities identified in the Supplementary Conditions. each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance(and the ceramics or other evidence thereof) required to be purchased and main- tained by OWNER. in &warden= with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at lean thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with ParaPaPh 5.11. E 21 1.M! tcsIg— lIsEaRIO Er lilt trw kE¢e&4: g � ff till`s"��o �4 aLI1LJtuik�B :[�- 11'1 ellisi !It 11111111 e petijoi ,:dil.1 Ft. pio ., le p 0111,1,441 i,„ • 41 ,R,14.4 . go:kg' ig Ji loiri 1011101. IT ill lillithiliriiniiij sg.7 f 2, t a Bi . a 11 ijltfli!. lw iii,illig 1011111 apsnRwilt a 54;p1 IhJIi4'IrE J; ; iiiillut`e �. 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"Or -Equal": If in ENGiNEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item. in which ease review and approval of the proposed item any. in ENGINEER% sole discretion. be accomplished without compliance with some or all of the sequin:mans for acceptance of proposed substitute items. 6.7.12 Substitute Items: 1f in ENGINEER% sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1. it will be considered a pm - posed substitute item. CONTRACTOR shall submit suffi- cient infatuation as provided below to allow ENGINEER to deo:mine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor: The procedure for review by the ENGINEER will include the following as supple- mented it the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute news of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall first make written appfr cation to ENGINEER for acceptan= thereof. certifying that the -proposed substitute will perform adequatdy the functions and achieve the results culled for by the general design. be similar in substance to that specified and be suited to the same use as that specked. The application wall state the extent. if any. to which the evaluation and acceptance o(tbe proposed substitute will prejudice CON- ZRAC.7OR's achievmhat of Substantial Completion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations oldie proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cted. The application will also contain an itemized esti- mate of all costs or =edits that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change. all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. b.7.13. CONTRAC70R's Eipense: All data to be provided by CONTRACTOR in support of any proposed ''or -equal" or substitute item will be at CONTRAC.'IOR's expense. 6.7.2. Substitute Cornstrnrction Methods or Procedures: If a specific means. method. technique. sequence or procedure of r- construction is shown or indicated in and expressly required by`; the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. technique. sequence or procedure of construction acceptable to ENGINEER CON- TRACTOR shall submit sufficient information to allow ENGi=, NEER. in ENGINEER%sole discretion. to determine that the substitute proposed is equivalent to that expressly Bled for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.12' 6.73. Engineer's Evaluation: ENGINEER will be allowed r j a reasonable time within which.to evaluateeach proposal or, submittal made pursuant to paragraphs 6.7.12 and 6.72 ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered. installed or utilized without ENGINEER's prior written acceptance which will bee - evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at ri CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will ,cord time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.I2 and 6.72 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not . ,1 ENGINEER accepts a substitute item so proposed or subedi- ted by CONTRACTOR. CONTRACTOR shall ,eimbufse OWNER for the charges of ENGINEER and ENGINEER's r Consultants for evaluating each such proposed substitute item. Canc rnirg Snbaaaaaetars, Sanger: and Others: 6.8.1. CONTRACTOR shall not employ any Sebago - tractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2). whether initially or as a substitute. against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against' whom CONTRACTOR has reasonable objection. 6.82. if the Supplementary Conditions require the iden- tity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the pt6nci- pal items of materials or equipment) to be submitted to71 OWNER in advance of the specified date prior to the . Effective Date of the Agreement for acceptance by OWNER and ENGINEER. and if CONTRACTOR has submitted a list thereof in accordant= with the . Supplementary Condi- 1 Lions. OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Suborn- tractor. Supplier or other person or organiation so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall sub- 5 mit an acceptable substitute. the Contract Price will be adjusted by the difference in the cost occasioned by such fl 24 substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier qI other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person Jr organization any contractual relationship between OWNER or ENGINEER and any such Subtoon- tractor. Supplier or other person or organization. nor shall it uaeate any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or ci avi- ation except as may otherwise be required by Laws and Regulations 6.92. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect connect with CONTRACTOR. CONTRACTOR shall require all Sub - connectors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Sins and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Wort to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuani to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable tams s and conditions of the Contact Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7. the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER. CONTRACTOR. ENGINEER. ENGINEER's Consultants and all other additional insureds for all losses and damages caused by. arising out of or resulting from any of the penis covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. !fame Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention. design, process. product or device which is the subject of patent rights or copyrights held by others. If a particular invention. design. process. product or device is specified in the Contact Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights c cling for the payment of any license fee or royalty to others. the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent perverted by Laws and Regulations. CONTRACTOR shall indemnify and hold harm- less OWNER. ENGINEER ENGINEER'S Consultants and - the officers. directors. employees. agents and other consultants of each and any of them from and against all claims. frosts. losses and damages arising out of or resulting from any idling:meat of patent rights or copyrights incident to the use in the performance of the Work or resulting front the incorpora- tion in the Work of any invention. design. process. product or device not specified in the Contract Documents. 'tensity 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- snuction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary. in obtaining suds permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the pry of the Work. which are applicable at the time of opening cf Bids. or. if these are no Bids. on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Lars and Regula ion= 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required byapplicable Laws and Regulations neitherOWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Relations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all daims. costs. losses and damages caused by. arising out of or resulting therefrom; however. it shall not be CONTRACIOR's pri- macy responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations. but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 332. Taus: 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulation of the place of 25 the project which are applicable during the performance of the Work. Use of Premises: 6.16. - CONTRACTOR shall confute construction equip- ment. the storage of materials and equipment and the opera- tion s of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations. rights -of -way. permits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area. or to the owner or occupant thereof or of any adjacent land or arras. resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Walk. CONTRACTOR shall promptly settle with such other ply by lion or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall. to the fullest extent permitted by Laws and Relations. indemnify and hold harmless OWNER. ENGI- NEER. ENGiNEER's Consultant and anyone directly or indirectly dyed by any of them from and against all claims. casts. losses and damages arising out of or resulting from any claim or action, legal or equitable. brought by any such owner or occupant against OWNER: ENGINEER or any other party indemnified -hereunder to the euent caused by or based upon CONTRACIOR's performance of the Work. 6.17. During the progress of the 'Mick. CONTRACTOR shall keep the pnemnises free from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the pre- mises as well as all tools. appliances. c rtstruction equipment and machinery and surplus materials. CONTRACTOR shall lave the site dean and read) for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all proper) not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be Loaded in an. manner that will endanger the structure. nor shall CONTR C1 R subject any pan of the Work or adjacent properly to stresses air pressures that will endanger it. Recant Doormen 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drv. Ines. Specification. Addenda. Written Amendments. Chan: Linden. Work Change Direc- tives. Field Orders and v n.^.en interp+ r ations and clarifica- tions (issued pursuant to p.rab'aph 4, at good order and annotated to show all chaws made .luring construction. These record duce cents taws: ther ew th all approved Samples and a counterpart of all aprn ved Shoo Drawings will be available to ENGINEER for tvfemtce. Upon completion of the Work. these record documents. Samples and Shop Draw ings will be delivered to ENGINEER for OWNER. Safety and Prateerion: 6.20. CONTRACTOR shall be responsible for initiating maintaining and superising all safety precautions and pro; grants in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of.. and shall provide the necessary protection to prevent damage. injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work: 6.20.2. all the Work and materials and equipment to ben incorporated therein. whether in storage on or off the site: J and 6.20.3. other property at the site or adjacent thaeto..j including trees. shrubs. lawns. walks. pavements. roadways. structures. utilities and Underground Facilities not desig- r- nated for removal. relocation or replacement in the course of , construction. • CONTRACTOR shall comply with all applicable Laws and' Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage. injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- , ems of adjacent property and of Underground Facilities and ri utility owners when prosecution of the Work may affect than. and shall cooperate with theme in the protection. removal. Pi relocation and replacement of their propaty. Alt damage. injury or loss to any property referred to in paragraph 6202 or 6203 caused. direedy or indirectly. inwhole or in pan. by CONTRACTOR. any Subcontractor. Supplier or any other person or organiation directly or i darcily employed by any of than to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable. and not attributable. directly or indi- rectly. in whole or in part. to the fault or negligence of CONTRACTOR or any Subcontractor. Supplier or other per- son or oration directly or indirectly employed by any of them). CONTRAC 1OR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expresslyprovided in connection with Substantial Comple- tion). Safety Represrnraore: 6.21. CONTRACTOR shall designate a qualified and expe- rientced safety representative at the site whose duties and f- a 26 E r -,g L L r responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Bawd Comrrnwiaadoa Pregru s: 6.22. CONTRACTOR shall be responsible forcoordinating any exchange of material safety data sheets or other haard eormmmication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. 6.23. 1n emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instnectioo or au- thorization from OWNER or ENGINEER is obligated to stet to prevent duntceed damage. iq juiy or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. a Work Change Directive or Lange Order will be issued to docuie nt the consequences of such action. cam. Skop Drawings Sampka 6.24.l. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals well be identified as ENGINEER nay .tine and in the number of copies specified in the General Requirements. The data shown an the Shop Drawings will be complete with respect to quanti- ties. dimensions. specified performance and design criteria. materials and similar data to show ENGINEER the Mated - ads and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the Wiled purposes required by paragraph 6.26. 6.242 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified dearly as to material. Supplier. pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 626. The num- bers of each Sample to be submitted will be as specified in the Specifications. 625. Submittal Proclaim:es: 625.l. Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements. quantities. dimen- sions. specified performance criteria. installation require- ments. materials. catalog numbers_ and similar information with rape= thereto. 6.25.1.2. all materials with respect to intended use. fabrication. shipping. handling. storage. assembly and installation pertaining to the performance of the Work. and 6.25.1.2. all information relative to CON'IRAC'IOR's sole responsibilities in respect of means. methods. tech- niques, sequences and procedures of construction and safety per Lions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Dewing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contact Documents. 6252 Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR': obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.253. At the time of each submission. CONTRACTOR shall give ENGINEER specific wrinerm notice of such vari- ations. if any. that the Shop Thawing or Sample submitted may have from the requitement' of the Contract Documents. such notice to be in a written communication sopsrate Gam the submittal: and. in addition. shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawing and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and appoval will be only to determine if the items covered by the submittals will. after installation or incorporation in the Wade. conform to the information given an the Contract Doc"..—b and be compatible with the design concept {lithe completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval weal not extend to mans. methods. techniques. sequences or procedures of construction (except where a particular means. method. technique. se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval ofa separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER. and shall return the required number dammed copies of Stop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract f� L 27 Or' ink 1iniNRl 4ee xcs l9da ' '"'s 4 M II1UQ � 1n111l1 tiilikP!9?18 ihtul 8� z1 Iola a' G ll gi •�ss„ IAg E� 8, 1� Ealih1 Q t1h1}11II!.4II4 • 'I'J.i a dI 6alr if1100$1111 hi/ lith411114111 Er 1.9 llflllftlh;iIttU[t L the Contract Documents. as well as all continuing obligations indicated in the Contract Documents. will survive final pay- ment. completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work m Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces. or let other direct contracts therefor which shall contain General Condi- tions similar to these. or have other work performed by utility owners. if the fact that such other work is to be performed was not noted in the Contract Documents. then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work. and a CONTRAC- TOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 72 CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER. if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access. to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all acting. fitting and patching of the Work that may be required to make its several pans come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting. excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of suchutility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRAC1 R's Work depends upon work performed by others under this Article 7. CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays. defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACIOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site. the following will be set forth in Supplementary Conditions: 7.4.1. the person. firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itani:ed; and 7.43. the extent of such authority and tesponwbtlities will be provided. Unless otherwise provided in the Supplementary Condi- tions. OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILTITES 8.1. Except as otherwise provided in these General Condi- tions. OWNER shall issue all conummications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment. of ENGI- NEER. OWNER shall appoint an engineer . against whom CONTRACTOR makes no reasonable objection. whose status under the Contract Documents shall be that of the farmer ENGINEER. 83. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 42 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 53 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions. tests and approvals is set forth in paragraph 13.4. 8.8. In connection' with OWNER'S right to stop Work or expend Work. see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 29 8.9. The OWNER shall not supervise. direct or have control or authority over. nor be responsible for. CONTRAC- TOR's inns. methods. techniques. sequences or procedures of construction or the safety precautions and programs incident thereto. or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to pertains or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents. OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER'S Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S repre- sentative during construction are set forth in the Contact Documents and shall not be extended without written consent of OWNER and ENGINEER Writs so Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deans necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's exeaned Work. Based on-infommtion obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine. in general. if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER'S visits and on -site observations are subject to all the limitations on ENGINEER'S authority and responsibility set forth in paragraph 9.13. and particularly. but without limitation. during or as a • result of ENGINEER'S on site visits or observations of CONTRACIOR's Work ENGINEER will no supervise. direct. control or have authority over or be respoe sible for CONTRACIOR's means. methods. techniques. se- quences or procedures of construction. or the safety precau,.) lions and programs incident thereto. or for any failure 0 CONTRACTOR to comply with :Laws and Regulations appli- cable to the furnishing or performance of the Work. Pnvjecs Representative: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to. assist ENGi; NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon any such Resident Project Representative and assistants will as provided in paragraph 9.13 and in the Supplementers', --ii Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGi- NEER's Consultant. agent or employee. the responsibilities and authority and limitations thereon of such other pesos will- be as provided in the Supplementary Conditions. Clarifications and Jwtetprw sts 'J 9.4. ENGINEER will issue with reasonable promptness' such written clarifications or interpretations of the require-c, menus of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary; which shall be consistent with the intent of and reasonably inferable,, from Contract Documents. Such written clarification and • interpretations will be binding on OWNER and CONTRAC- - TOR. If OWNER or CONTRACTOR believes that a wriuea,71 clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parries are unable - to agree to the amount or extent thereof. if any. OWNER or r.., CONTRACTOR may make a written claim therefor as pro- vided in Article 1 i or Amide t2 Authorized Venetians in Wort 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which' -do not involve an adjustment in the Contract Price or the- ;ti Contract Times and are compatible with the design concept of the completed Project as a functioning whole as adicated by the Contract Documents. These may be accomplished by a 71 Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orders justifies an adjustment in the Contract Price or the Contract Times and the pares are unable to agree as to the amount or extent thereof. OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or 12.' Rejecting Defective Work: 9.6. ENGINEER will have authorityto disapprove rsapprove or reject Work which ENGINEER believes to be defective. or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in . paragraph 13.9. whether or not the Work is fabricated. installed or competed. Slop Dmnings, Change Orders and Paying. 9.7. In connection with ENGINEER'S authority as to Shop Drawings and Samples. see paragraphs 6.24 through 628 inclusive. 9.8. In connection with ENGINEER'S authority as to Change Orders. see Articles 10. and 12 9.9. In connection with ENGiNEER's authorityas to Applications for Payment. see Article 14. Determination: for Unit Prices: 9.10. ENGINEER wil! determine the actual quantities and classifications of Unit Price Work petfoemed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER'S preliminary determinations on such matters before tasderinga written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER'S written decision thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER'S decision and: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement:' entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or rempediea as the appealing parry may have with to specs to ENGINEER'S decision. unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Deem ens ea Disptia: 911. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim. dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of tune for the submission of additional or more accurate data in support of such claim. dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal. if any. in accordance with this paragraph. ENGINEER'S written decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth .in EXHIBIT GC -A. "Dispute Reso- lution Agreement:- entered into between OWNER and CON- TRACTOR pursuant to Article 16. or 11 if no such Dispute Resolution Agreement has been entered into. a written notice of intention to appeal from ENGiNEER's written decision is delivered by. OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exccise such rights or remedies as the appealing party may have with respect to such claim. dispute or other tatter in accordance with applicable Laws and Regulations within sixty days of the date of such decision. unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER wiU not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision tendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter pursuant to Article 16. 9.13. L'nd:o m s as ENGINVEER's Autlroriir and RetpanstheTtdec 9.13.1. Neither ENGINEERS authority or responsibil- ity under this Amide 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking. exercise or performance of any authorityor responsibility by ENGINEER shall create. impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor. any Supplier. any other person or organization. or to any surety for or em- ployee or agent of any of them. 31 r- 9.132 ENGINEER will not supervise. direct. control or have authority over or be responsible for CONTRAC- 7OR's means. methods. techniques. sequences or proce- dures of construction. or the safety preautions and pro- grams incident thereto. or for any failure of CON TRACTOR to comply with Laws and Regulations applicable to the furnishing orpeuformanoe of the Work. ENGINEER will not be responmble for CONTRACIOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.133. ENGINEER well not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier. orofany other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions. schedules. guarantees. bonds and certificates of inspection. tests and approvals and Other doamteantion required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of. and in the case of eatifiates of inspections. tests and approvals that the results certified indicate compliance with. the Contract Doc- uments. 9135. The moons upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants. Resident Project Representative and assistants. - %RTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without rotioe to any surety. OWNER may. at any time or from time o time. order additions. deletions or revisions in the Work. kith additions. deletions or revisions will be authorized by Written Amendment. a Change Order. or a Work Change )ireetive. Upon receipt of any such document. CONTRAC- DR shall promptly proceed with the Work involved which +ill be performed under the applicable conditions of the cntract Documents (except as otherwise specifically pro- ided).... 102 If OWNER and CONTRACTOR are unable to agree s toThe he extent. if any. of an adjustment in the Contract Price ran adjustment of the Contract Times that should be allowed s a result of a Work Change Directive. a claim may be made terefor as provided in Article 11 or Anicle 12. 103. CONTRACTOR shall not be entitled to an increase in re Contract Price or an extension of the Contract Tunes with =pea to any Work performed that is not required by the onuact Documents as amended. modified and supplemented provided in paragraphs 3.5 and 3.6 except in the case of an nergency as provided in paragraph 6.23 or in the case of ntovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1. (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (1u) . agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Trines which are agreed to by the parties: and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that. in lieu of executing any such Change Order. an appeal may be taken from. any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. if notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing. but not limited to. Contract Price or Contract Tunes) is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRAC'lOR% respon- sibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON - 'TRACTOR R for performing the Work. All duties. responstbii- tiesandobligations assigned toorundertake ubyCON(e(ACIOR shall be at CONTRAC.'TOR's expense without change in the Contract act Price. 112 The Contract Price may only be clanged by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Coronet Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Prix will r'1 32 be valid if not submitted in accordance with this paragraph 11.2. 113. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Docwnersts. by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.93. inclusive); 113.2. where the Work involved is not covered by unit prices contained in the Contract Documents. by a mutually agreed lump sum (whidt may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.62): 1133. where the Work involved is not coveted by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 113.2. on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 113) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cart alike %irk 11.4. The tam Cost of the Work means the sum of all costs necessarily inured and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in waiting by OWNER, such oasts shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 113: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without km - lesion superintendents. foramen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security oommIbutions. unemployment. excise and payroll taxes. work- ers' compensation. -health and retirement benefits. bonuses. sick leave. vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours. on Saturday. Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. 11.42 Cost ofall materials and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof. and Suppliers' field services required in connection therewith. AU cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and ramps from sale of surplus materi- als and equipment shall accrue to OWNER. and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER. COiIIRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids. if any. will be accepted. if any subcontract provides that the Subcontractor is to be paid on die basis of Cost of the Work Plus a fee. the Subcontractor's Cost of the Work and fee shall be determined in the same manta as CONTRALTOR's Cost of the Work and fee as provided in paragraphs 11.4. 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers. architects. testing laboratories. survey- ors. attomeys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.I. The proportion of necessary transportation. travel and subsistence expenses of CONTRACTOR's em- ployees ployees incased in discharge of duties connected with the Work. 11.43.2. Cost. inducting transportation and mainte- nance. of all materials. supplies. equepmhent. machinery. appliances. office and tennpomary facUities at the site and hand tools not owned by the workers. which are con- sumed in the performance of the Work. and cost less nnuket value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether tamed from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER. and the costs of transportation. loading. unload- ing. installation. dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales. consumer. use or sinular taxes related to the Work: and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11 A.5.. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or anyone directly or indirectly employed by any of than .or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 33 11.45.6. losses and damages (and related expenses) caused by damage to the Work. not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). provided they have re- sulted from causes other than the negligence of CON- TRACTOR. any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of than may be liable. Such losses shall include setde- meits made with the written consent and approval of OWNER. No suds losses. damages and expenses shall be i s:hded in the Cost of the Work for the purpose of determining CONTRACTOR% fee. lf. however. any such loss or clan age requires n cortsundion and CONTRA& 1OR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 1162 11.43.7. The cost of utilities. fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams. long dis- tance telephone dbs. telephone service at the site. ex- pressage and similar petty cash items in connection with the Wok. 11.4.5.9. Cost of premiums for additional Bonds and insurance retained because of charges in the Work. 115. The term Cost of the Work shall not include any of the following: 115.1. Payroll costs and other compensation of CON- TRACIOR's officers. executives. principals (of partnership and sole proprietorships). Remol ems. engineers. ar- dsitects. estimators. attorneys. auditors. accountants. pur- chasing and contracting agents. expediters. timekeepers. Jerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC IDR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be consid- ered administrative costs covered by the CONTRACiOR's fee. 1152. Expenses of CONTRACTOR'S principal and branch offices ether than CONTRACIOR's office at the site. 11.5.3. Any pan of CONTRACiOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delin- quart payments. 115.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.43.9 above). 11.5.5. Costs due to the negligence of CONTRACF1 TOR. any Subcontractor. or anyone directiy or indi-_ reedy employed by any cf them or for whose acts any of them may be liable. including but not limited to. thr�.-, correction of defective Work. disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead orgenerai expense costs of any kind'_ and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACYOR's fee allowed to CONTRAC-' TOR for overhead and profit shall be determined as follows: 0.- 11.6.1. a mutually acceptable fixed fee; or 11.62. if a fixed fee is not agreed upon. then a fee. based on the following percentages of the various 71 potions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 r‘i and 11.42. the CONTRACTOR'S fee shall be fifteen' percent: 11.6.2.2. for costs incurred under paragraph 11.43. the CONTRACTOR'S fee shall be five percent:. t 1.6.23. where one or more tiers of subcontracts are f: , 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.A2. ? 11.4.3 and 1162 is that the Subcontractor who actually performs or furnishes the Work. at whatever tier. win be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.42 and that any higher tier Suboonnactor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the i"- next lower tier Subcontractor: 11.624. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.45 and 11.5: 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which vaults in a net decrease in cost will be the amount of ere actual net 1 decrease in cost plus a deduction in CONTRACTOR s fee -- by an amount equal to five percent of such net decrease: and 11.62.6. when both additions and credits are involved - in any one change. the adjisune eat in CONTRiiCIOR's fee shall be computed on the basis of the net dame in (41 accordance with paragraphs 11.621 through 11.6.2.5. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 113. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. 34 Cash Allorvaces: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall can the Work so covered to be fur- nished and performed for such sutras as may be acceptable to OWNER and ENGINEER. CONTRACTOR specs that: 11.8.1:" the allowances include thecost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes; and 11.8.2. CONTRAC7OR's costs for unloading and han- dling on the site. labor. installation costs. overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no danand for additional payment on account of any of the foregoing will be valid. - Prior to final payment. an appropriate Change Older will be issued as recommended by ENGINEER to reflect actual . amounts due CONTRACTOR on account of Work covered by allowances. and the Contract Price shall be correspondingly 113. Mir lodes Wolk 119.1. Where the Connect Doaunents provide that an or part of the Work is to be Unit Prix Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the star of the established unit price for each separately identified item of Unit Prix Walt times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work ate not guaranteed and are solely far the purpose of comparisons of Bids and determining an initial Contact Price. Detenninadons of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 1192 Each unit price will be dined to include an amount considered by CONTRACTOR to be adequate to cover CONTRACIOR's overhead and profit for gads sepa- rately identified item. 1193. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 1193.1. the quantity of any item of Unit Prig: Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement: and 119.3.2. there is no conesponding adjusunent with respect to any other item of Work. and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves chat OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Tunes (or Milestones) may only be changed by a Change Order or a Written Amendment. Arty claim for an adjustment of the Courted Tortes (or Milestones) shall be based on written notice delivered by the party making the claim to the other patty and to ENGINEER promptly (but in no event titer than thirty days) after the ocaasettoe of the event wing rise to the claimand stating the genial nature of the clamp. Notice of the extent of the claim with supporting data shall be ddiveted within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjusa ent claimed is the entire monument to which the daimmt has reason to beleve it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Mileeaaona) shall be determined by ENGI- NEER in accordance with parapaph 9.11 if OWNER and CONTRACTOR cannot otherwise epee. No cWm for an adjustment in the Contract Turns (or Milestones) w31 be valid if not submitted in accordance with the re quiraaenis of this paragraph 12.1. 122 Al tine limits stated in the Contract Documents are of the essence of the Agreement. 123. What CONTRACTOR is prevented from complet- ing any part of the Work within due Coatraet Tenses (or Milestones) due to delay beyond the control of CONTRAC- TOR. the Contract Tunes (or Mlestones)wll be extended in an amount equal to the time lost due to such delay if a claim is made tlhaefor as provided in paragraph 12.1. Ddays beyond the control of CONTRACTOR shall include. but not be limited to. acts or neglect by OWNER acts or neglect afutility owners or other ountractors performing other work as contemplated by Article 7. fires. floods. epidemics. abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor ex Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Tees (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR. an extension of the Contract Tunes (or Milestones) in an amount equal to the tune lost due to such delay shall be CONTRAC 1OR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR. any Subcontractor. any Supplier any other person or organization. or to any surety for or employee or agent of any of then. for damages arising out of or resulting from G) delays caused by or within the control of CONTRACTOR. or (ii) 35 delays beyond the control of both parties including but not limited to Gres. floods. epidemics. abnormal weather condi- tions. acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defecu: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected. corrected or accepted as provided in this Article 13. Across to Wink 132 OWNER. ENGINEER. ENGINEER'S Corwdtams. other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable tines for their observation. inspecting and testing. CONTRACTOR shag provide them proper and safe conditions for such access . and advise then of CONTRACTOR'S site safety proeedsues and program so that they may comply therewith as applicable. Teas and laspeataew 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections. tests or approvals. and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections. tests. or approvals requited by the Contract Documents except 13r4.1. for inspections. tests or approvals covered by paragraph 13.5 blow: 13442 that coats incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or pan thereof) specifically to be inspected. tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections. tests or approvals. pay all costs in connection therewith. and furnish ENGINEER the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any - inspections. tests or approvals requited for OWNER'S and -- ENGINEER'S acceptance of materials or equipment to biri incorporated in the Work. or of materials. mix designs. os equipment subniued for approval prior to CONTRACTOR'S purge thereof for incorporation in the Work. 13-6. If any Work (or the work of others) that is to be — inspected. tested or approved is covered by CONTRACTOR without written concurrence. of ENGINEER. it must. if re -";- quested by ENGINEER. be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall;,. be at CONTRACTOR'S expense unless CONTRACTOR has given ENGINEER timely notice of CONTRAC.7OR's intern i tion to cover the same and ENGINEER has not acted with reasonable promptness in tespomse to such notice. Uaeoveviag Wont 13.8. If any Work is covered contrary to the written request _ of ENGINEER it must. if requested by ENGINEER. be: " uncovered for ENGINEER's observation and replaced at 11. CONTRACTOR'S expense. 139. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or 'tested by others. CONTRACTOR. at ENGINEER'S te-tPi quest. shall unoover. expose or otherwise make available for observation. inspection or testing as ENGINEER may require. that portion of the Work in question. furnishing all necessary labor. material and equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims. costs. losses and damages caused by. arising out of or resuhin g from such uncovering. exposure. observation. inspection and testing and of satisfactory replacement or reconstruction (mchrdng but not baited to all costs of repair or replacement of work of others): and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article 11. If. however. such Wort is not found to be defective. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones). or both. directly attributable to such uncovering. exposure. ob- servation. inspection. testing. replacement and reconstruction: and. if the parties are t amble to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Wort 13.10. if the Work is defective. or CONTRACTOR fails to fl supply sufficient skilled workers or suitable materials or equip- ment. .� or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. , OWNER may order CONIRACIt;R to stop the Work. or any portion thereof. until the cause for such order has been eliminated: however. this right of OWNER to stop the Work 36 r shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Actium, of Defective Wort: 13.11. If required by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defective Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims. costs. losses and damages caused by arresuiting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Careeoion Paid: 13.121. 1f within one year after the date of Substantial Completion or such longer period of time as may be pre - smiled by Laws or Regulations or by the tams of any appliable special guarantee required by the Co uaet Doc- uments or by any .specific provision. of the Contract Docu- ments. any Work is found to be defective. CONTRACTOR shall promptly. without cost to OWNER and in accordance .with OWNER's written instructions: 6) eonect such defec- tive Work. or. if it has been rejected by OWNER. remove it from the site and replace it with Work that is not defective. and (n) satisfactorily correct or remove and replace any damage to other %brk or the wort of others resulting therefrom. If CONTRACTOR does not pranpdy comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defective Work corrected or the rejected Work removed and replaced. and all claims. costs. losses and damages caused by or resulting from such re- moval and rep1ac meat (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected. removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Wort: 13.13. if. instead of requiring correction or removal and replacement of defective Work. OWNER (and. prior to ENGI- NEER'S recommendatirm of final payment. also ENGINEER) pews to accept it. OWNER may do so. CONTRACTOR shall pay all claims. costs. losses and damages attributable to OWNER'S evaluation of and determination to accept such defective Work (such costs to be approved by ENG1NEERas to reasonableness). If any such acceptance occurs prior to ENGINEER'S recommendation of final payment. a Change Order will 'be issued incorporating the Mary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such reconunenda- tion. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after wriuen notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents. or if CO14IRACIOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' written notice to CONTRACTOR correct and remedy. any such deli iency-1n exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such correuive and remedial action. OWNER may exclude CONTRACTOR from all or pant of the site. take possession dell or part lithe Work. and suspend CONTRACTOR'S services related thereto. take possession of CONTRACTOR'S tools. appliances. construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stoned at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNER'S representatives. agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER'S Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. AJI claims. costs. losses and damages incurred or sustained by OWNER in exert such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Comract Prix. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims. costs. losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction. . removal or replacement of CONTRACTOR'S defective Work.. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performanceofthe Woicamibutabletotheexercise byOWNER of OWNER'S rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Valuer: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 will be incorporated into a form of Application for Payment 14.5.1. the Work has ro p greased to the point indicate acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. dance with the Contract Documents(subject to an eva!,.• anon of the Work as a functioning whole prior to or up Substantial Completion. to the results of any subseque.. for Progress per: tests called for in the Contract Documents. to a film determination of quantities and classifications for Ur 142 At least twenty days before the date established forfications Price Work under paragraph 9.10,and to any other qua. each progress payment (but not more often than once a stated in the )•and month). CONTRACTOR shall submit to ENGINEER for 1453. the conditions precedent to CONTRACTOR review an Application for Payment filled out and signed by being entitled to such payment appear to have bet 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 st pporting 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 ENGINEE meet 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 maw- the Application for Payment shall also be accompanied by a to check the quality or the quantity of the Work beyond tl bill of sale, invoice or other documentation warranting that responsibilities specifically assigned to ENGINEER in tJ; OWNER has received the materials and equipment free and Contract Documents or(a)that there may not be other matters clear of all Liens and evidence that the materials and or issues between the panics that might entitle CONTRAC equipment are covered by appropriate property insurance TOR to be paid additionally by OWNER or entitle OWNER e and otherarrangements to protect OWNER's interest therein. withhold payment to CONTRACTOR. all of which will be satisfactory to OWNER.The amount of will be as 14.6. ENGINEER's recommendation of any payment,ire retainage with respect to progress payments stipulated in the Agreement. chiding final payment. shall not mean that ENGINEER i responsible for CONTRACTOR's means.methods.techniques. sequences or procedures of construction.or the safety pecau- CONTRAL7OR's Wornoery of Tick: tic's and programsen incident thereto, or for any failure o CONTRACTOR to comply with Laws and Regulations appli 143. CONTRACTOR warrants and guarantees that title to cable to the furnishing or performance of Work, or for any all Work.ruatexials and equipment co vered failure of CONTRACTOR to perform or furnish Work it by any Application accordance with the Contract Documents. for Payment, whether incorporated in the Project or not,will 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 Lies. any part of any payment if,in ENGINEER':opinion,it would be incorrect to make the representations to OWNER referrer to in paragraph 145. ENGINEER may also refuse to mourn Review ofAppliesrio s for Progress mend any such payment,or. because of subsequently discov- ered evidence or the results of subsequent inspections or tests 14.4. ENGINEER will. within ten days after receipt of nullify any such payment previously recommended. to suck 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 foss because: OWNER, or return the Application to CONTRACTOR and,- 14.7.1. the Work is defective,or completed Work has caring in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case.CONTRACTOR may make been Immuring COmm On or replacement. the necessary corrections and resubmit the Application.Ten 14.7.2. the Contract Price has been reduced by Writ- days after presentation of the Application for Payment to ten Amendment or Change Order. OWNER with ENGINEER's recommendation, the amount re ccounerded will (subject to the provisions of the last sear 14.73. OWNER has been required to correct dtfec- tence of paragraph 14.7)become due and when due will be paid rive Work or complete Work in accordance with paragraph, by OWNER to CONTRACTOR. 13.14.or 14.7.4. ENGINEER has actual knowledge of the oc- 145. 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 repr - 15.2.1 through 15.2.4 inclusive. sentation by ENGINEER to OWNER.based on ENGINEER': on-site observations of the executed Work as an experienced OWNER may refuse to make payment of the full amount and qualified design professional and on ENGINEER's review recommended by ENGINEER because: of the Application for Payment and the accompanying data and 14.7.5. claims have been made against CWNER or schedules.that to the best of ENGINEER':knowledge.infor- account of CONTRACTORS performance or furnishing of mauon and belief: the Work. 38 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 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. tenon of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15?1 through 15.2.4 inclusive; Partial Ua&iraoon: butOWNER must 14.10. Use by OWNER at OWNER's option of any sub- cave CONTRACTOR immediate written stantially compleml pan of the Work which:n has specifically notice(with a copy to ENGINEER) stating the reasons for been identified in the Contract Documents. or di) OWNER. such action and promptly pay CONTRACTOR the amount so ENGINEER and CONTRACTOR agree consumes a•sepa- wi hbdd.or any adjustment thereto agreed to by OWNER and rarely functioning and usable pan of the Work that can be used CONTRACTOR. when CONTRACTOR corrects to OWN- ER's satisfaction the reasons for such action. by OWNER for its intended purpose without significant inter- femme with CONTRACTOR's performance of the renminder of the Work.may be accomplished prior to Substantial Coro- Seh si pletion of all the Work subject to the following= 14.10.1. OWNER at any time may request CON- 14.8. When CONTRACTOR considers the entire Work FOR m writing to permit OWNER to use any such • ready far its intended use CONTRACTOR shall notify OWNER pan 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- 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 Bally complete.CONTRACTOR will certify to OWNER certificate of Substantial Completion.Within a reasonable Mime and ENGINEER that such part of the Work is substan- the eafter.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 kart 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 stand*complete. ENGINEER will notify CONTRACTOR ENGINEER in writing that CONTRACTOR considers e 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 pletion which shall fix the date of Substantial Completion. Work.Within a reasonable time after either such request. That 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 pan of the Work to determine its shall have seven days after receipt of the tentative certificate status of completion. If ENGINEER does not consider during which to make written objection to ENGINEER as to that pan of the Work to be substantially complete.ENGI- any provisions of the certificate or attached list. If. after NEER will notify OWNER and CONTRACTOR in writ- amidaintg such objections. ENGINEER concludes that the ag gang the reasons therefor If ENGINEER considers 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- pan of the Work and the division of responsibility in GINEER considers the Work substanttialiy complete. ENGI- *tom 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 pan s taatal Completion(with a revised tentative fist of items to be of the Work will be accomplished prior to compliance with completed or corrected) reflecting such changes from the 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 delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a Final laraaoa: written recommendation as to division of responsibilities pend- uil nal payment between OWNER and CONTRACTOR with 14.11. Upon v.-ntten notice from CONTRACTOR that the respect to security,operation.safety,maintenance,heat.utili- entire Work or an agreed portion thereof is complete. ENG1- ties.insurance and warranties and guarantees.Unless OWNER NEER will make a final inspection with OWNER and CON- arid CONTRACTOR agree otherwise in writing and so inform TRACTOR and will notify CONTRACTOR in writing of all 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 corn- remedy such deficiencies. pletion of the Work is significantly delayed and if ENGINEER so confirms.OWNER shall.upon receipt of CONTRACTOR-7' final Application for Payment and recommendation of ENG/. Find Appikadam far Payment: NEER. and without terminating the Agreement. make pay- ment of the balance due for that portion of the Work fully 14.12. After CONTRACTOR has completed all such cot- comPleted and acceptec.i the remaining balance to be held b1 rections to the satisfaction of ENGINEER and delivered in OWNER for Work not fully completed or corrected is less than accordance with the Contract Documents all maintenance and the manage 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• rates or other evidence of insurance required by paragraph 5.4, sent surety to the payment of the balance due for that certificates of inspection. marked-up record documents (as portionof the Work fully completed and accepted shall be provided in paragraph 6.19)and other documents.CONTRAC by CONTRACTOR to ENGINEER with the Appli- TOR may make application for fuel payment following the cation for such payment. Such payment shall be made under procedure for propels paymraire 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 by subparagraph 5.4.13.(ii)consent of the surety.if any.to final Waiver of payment. and (iiii) complete and legally effective releases or waivers(satisfactory to OWNER)of allLiens arising out of or 14.IS. The making and acceptance of final payment will filed in connection with the Work. In lieu of such releases or constitute: waivers of Liens and as approved by OWNER.CONTRAC TOR may furnish receipts or mimes in full and an affidavit of 14.IS.1. a waiver of all claims by OWNER against CONTRACTOR that: (i)the releases and receipts include all CONTRACTOR.except claims arising from unsettled Liens. labor.services.material and equipment for which a Lien could from defective Work appearing after final inspection persu- be filed.and(a)all payrolls.material and equipment bells and ant to paragraph 14.11. from failure to comply with the otherindebtedecsscon nectedwidmdie Work for which OWNERContract Documents or the terms of any special guarantees er OWNER's property might in any way be responsible have therein.or from CONTRACIOR's continuing of>- been paid or otherwise satisfied. If any Subcontractor or under the Contract Documents:and Supplier eels to furnish such a release or receipt in full. 14.15.2. a waiver ofall claims by CONTRACTOR against CONTRACTOR may furnish a Bond or other collateral saris- OWNER other than those previously made in writing and factory to OWNER to indemnify OWNER against any Lien. still unsettled. Find Paywheat ear Accgiimee: 14.13. If:on the basis of ENGINEER'S observation of the ARTICLE IS—SUSPENSION OF WORK AND TERMINATION Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents. ENGINEER is satisfied that the Work has been OWNER May Saspead Work: completed and CON'IRACTOR's other obligations under the 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 reamunendation 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 meant. At the same time ENGINEER will also give written Rom.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.Ot - Contract Price or an extension of the Contract Tunes.or both. erwise. ENGINEER will return the Application to CON- directly attributable to any such suspension if CONTRACTOR TRACTOR. indicating in writing the reasons for refusing to makes an approved claim therefor as provided in Articles I1 recommend final payment.in which case CONTRACTOR shall and 12. make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation. in appropnate form OWNER May Tenuiaarr: and substance and with ENGINEER'S recommendation and notice of acceptability. the amount recommended by ENG!- 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: 40 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 6.61; 15.4.3. for all claims.costs.losses and damages incurred 1522 if CONTRACTOR disregards Laws or Regula- in settlement of terminated contracts with Subcontractors. lions of any public body having jurisdiction: Suppliers and others:and 1522 if CONTRACTOR disregards the authority of 15.4.4. for reasonable expenses directly attributable to ENGINEER;or termination. 1524. if CONTRACTOR otherwise violates in any sub- CONTRACTOR shall not be paid on account cf loss of 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 COhTRAC7OR 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 unateri- Payment within thirty days after it is submitted or OWNER 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. 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. merit 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. kisses 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 damages incurred by OWNER will be reviewed by ENGI- any sum finally determined to be due.CONTRACTOR may 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 when exercising any rights or remedies under this paragraph CONTRACTOR. including interest thereon.The provisions OWNER shall not be required to obtain the lowest price for of this paragraph 15.5 arc not intended to preclude CON- the Work performed. TRACTOR from making claim under Articles I I and 12 for an increase in Contract Price or Contract Tunes or otherwise 15.3. Where CONTRACTOR's services have been so ter- for expenses or damage directly attributable to CONTRAC- mimted 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 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 1S.4. Upon seven days'written notice to CONTRACTOR 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 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 accordance with the Contract Documents prior to the effec- on the method and procedure for resolving such disputes has five 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 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. Gariag Negev Cwrmtslmire Remedies: '.1. Whenever any provision of the Contract Documents 17.4. The duties and obligations imposed by these General re�airss the giving of written notice•it will be deemed to have Condiuons and the rights and remedies available hereunder to been validly given if delivered in person to the individual or to the panics hereto,and,in particular but without limitation.the a member of the form 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. 632. 13.1. certified mail. postage prepaid. to the last business address 13.12. 13.14, 14.3 and 152 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 Gmrp..om aeTraee: 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 why 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 profs Fees and Coats Costs 1wcluded: from midnight to the next midnight will constitute a day. 17.5. Whenever reference is made to"claims.costs.losses Nance of Cloii: and damages?'it shall include in each case.but not be limited to.all fees and charges of engineers.architects.attorneys and 173. 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. fThe remainder of this page was left blank intensionally.) 42 EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACInR Dated_ For use with EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the patties: 16.1. All claims. disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of 6m1 payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining. subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrte entered into in accordance herewith as provided in this Artide 16 will be specifically enforceable under tile -prevailing law deny court having jurisdius on. 162 No demand for arbitration of any claim. dispute or ether caner that is ruined to be referz d to ENGINEER initially for decision in accordance with paragraph 9.11 will be made tmtiil the earlier of (a) the date on which ENGINEER has tendered a written decision or (b) the thirty-first day after the parties have preheated their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim. dispute orothermaster will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect the of is accordance with paragraph 9.11: and the failure to demand arbitration within said thirty days' period will rends in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initiated. such dechion may be entered as evidence but will not supersede the arbitration proceedings. except where the decision is accept- able to the patties concerned. No demand for arbitration of may written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association. and a copy will be -sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten- day period specified in paragraph 162 as applicable. and in all other cases within a 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 question would be bared by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below. no arbitration arising out of or relating to the Contract Documents shall indude by consolidation. joinder or in any other tuanrrr any other person or entity (including ENGINEER. ENGI- NEER'S Consultant and the officers. directors. agents. em- ployees ployees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration. and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. and 16.43. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion. which consent shall make specific reference to this paragraph: but no such consent shall oom[idtte consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16S. Notwithstanding paragraph 16.4 if a claim. dispute or other matter in question between OWNER and CONTRAC 'TOR involves the -Work of a Subcontractor: either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between.OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract cowering to joinder shall create any cbim. tight or cause of action in favor of Subcontractor and against • OWNER. ENGINEER or ENGINEER% Consultants that does not otherwise exist. .16.6. The award rendered by the arbitrators will be final. judgment may be entered upon it in any court having, jurisdic. lion thereof. and it will not be subject to modification or appeal. [The remainder of this page was left blank intentionally.] GC -AI 16.7. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims. counterclaims. dis- putes and other mattes in question between than arising out of or relating to the Contract Documents or the breach thereof ("disputes"). to mediation by The American Arbitration As- sociation under the Constnruion Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6. unless delay in initiating arbiu - Lion would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 162 and 16.3 • above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC-A2 Section VII Special Conditions L L 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 St OF PROJECT Prospective bidders shall make a careful examination of the site of the project, improvements to be projected, disposal sines 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 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 ALLOWED FOR 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-1 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 10. FENCES, DRAINAGE CHANNELS AND SURPLUS EXCAVATION 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 CONS1RUCTION 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 times 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 fining will be at the Contractor's expense. 13. CLEANUP 1. During Construction - The Contractor shall at all times keep the job site as 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 DEtECTlVE 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 ISHED Three (3) sets of the Plans and Specifications shah 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 FACiI.S The Contractor shall provide portable toilet facilities at the work site when workers are present. 19. TEMPORARY LIVING FACILITIES The Contractor may not establish temporary living facilities on the project site. 20. PARTIAL PAYMENTS In accordance with the General Conditions (Application for Progress Payment), the end 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 SC-4 21. USE OF LOCAL CONTRACTORS The OWNER desires for the Contractor to use local sub -contractors if sub- contractors are required. A local sub -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. SC-5 r Section VIII Technical Specifications 100 SECTION VIII TECHNICAL SPECIkICATIONS SPECIAL PROVISION TO THE TECHNICAL SPECLFICATIONS (SP-1) 1. SCOPE OF CONTRACT The City of Pearland, Texas has a 571,000 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 Liberty Drive 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 work required for the new 500,000 gallon 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 January of 2006 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, 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 2. WORK TO BE ACCOMPLISHED: (a) Remove and dispose of existing 571,000 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 (11'h) 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. 1 7_1 71 .! 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 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 D 100-96 Welded Steel Tanks for Water Storage AWWA C652 Disinfection, of Water Storage Facilities AWWA D 102-97 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, 76 Edition TCEQ Texas Commission on Environmental Quality UL Underwriter's Laboratory NSF National Sanitation Foundation File: PS/Sspoc.doc A - 1 Revised: November 1,2006 900Z `izaqutmoNt vosiaaa Z-V m3VoadS-S/S11 -uononnsuoo3o Imp agI oI .loud Jaatriffua mg /4q panoidde pue of palltoagns aq jjegs suoneinoje3 -due; aSslols Salem atp .iO3 suoflejnojeo uSjsop papelap gsjuicj Begs .iaPPlq jnjssaoons ag j, :SNOLLVII101VD Npaisaci £'S 'L30 MIS agI ui pasuaoq noujSaa leuoissajoid paaalsr$at s &q papas aq sSuimelp magi josgaPIRIP jojmoP n3 PIP -PPIM jnjssaoons au L :SD/ZAP/Ma Z"S •pannbai IOU :SRIOIMIS Mg I'S S'IV3�LII+ HhLS o"S "slEValgui Taal glues Patisiuln3 0(1111m sliodui Vol jjgAi -saing pawn agI u! apeai pap pasnun `nsau wag palgougej aq ljegs amlonils agl jo suopIiod jid 1uollet3ossV s3jioM .Ealsm ueouauIy agI £q Pagsqnd se 'mu u YJ 1vT `aSssolS mem ioj we," Joj PAP S VMAAV °quo wimp pawl aqi of uuoJuoo jjegs saaueuanndde mejaa pug 3IUEI oqi jo flugsal pus `uoiloadsui `uojleauge3 `u2isap 'swami aqi Z`7 I17 O NV U1SSH Anrivit i o"ti 'ROI.1001j agI oI Suungoo agI SuipnPU papjam pas Rjalajduroo aq jjegs ialens mojaq Sluio[ jjY S"£ ',sj/£ aq Hew JapAt g2Mmum u Iou sued jo ssau3latgl umunu!w agI pug j,/j 3o ssau3jo!gl umwuwuum a anug jjsgs JOIRns 'mkt I3e4a00 uj sa jd jjy -saw gloq uo papjann del aq oI paau sapid pow .SUMS flea uo spjam iajjg snonurluoo p.m Alpo apis dol agl uo pappm aq of paau sapid iooji aqua sapis uiouoq aqi, -uozlorulsuoo pappp ire jo aq Timis pus uogspuno3 Suu ala oo Su!lspca aql 6q pauoddns uionoq pjj a aneg new 3juel aqi -uoileinSa uoo lump sli51ap Jo3 uorpaS sSuu ,ssCj 20S "Sc 'xoidds jo ialausp s 'xozdds aq pegs Igglag jjerano agI pus suoljeS 000`0 JS 3o umEuiunu s ansg Hells 3luel Nip .61toedso aqi NDIS 4U NNW. o`£ 3luei °ft-MSS PuncaD y IIOS £"£ Z"£ I£ Section A 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 3819 Liberty Drive off FM 518 in Peal -land, 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. File: PSIS speaaoc A-3 Revised: November 1, 2006 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. Drain line to be located no more than 6" above floor. 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 4 inch diameter connection with gate valve for pressure sensor connection. 7.19 Provide and install one 1 inch diameter connection with sample tap. 7.20 A suitable vent of adequate size shall be provided near the center of the tank roof 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. 7.21 Provide and install one 24 inch diameter fitting with blind flange on the side of the tank for future construction. 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 8, 2006 n 1 r- 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. Provide 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 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 hatch 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 exterior seam 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 8, 2006 Section A Ground Storage Tank 10.0 FOUNDATION 10.1 Existing concrete ring wall foundation will be used to support new tank of same rl 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 'A" 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 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 rusting occurs. Film rsrs Spec.aoe A - 6 Revised November 1, 2006 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. Ali 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 - SP-6. rsrs spee.doe 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 pruning, 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- 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 Endures 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. A-7 Revised: November 1,2006 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-WH1TE m 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-WH1TE finish SSPC SP-10. 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 Potts Pox to a DFT of 5.0 mils for each of the two coats. Alternate colors between coats. Stripe Coat: Apply one rolled or brushed coat of TNENEC Series 20 Potts 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: PSIS Specdoe A-8 Revised: November 1, 2006 t__ r i r r r r r r r E Section A 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. 14.2 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. File•. PS/S Spec -doe END OF SECTION A-9 Revised: November 1, 2006 DRAWINGS rap of 3519 Liberty Dr Pearland, TX by MapQuest Page 1 of 1 r r C VI 3519 Liberty Dr rPearland, TX 77581-5416 liaireJunction ilrnk r y Place: ierstde Ter'rac ryerlen d r r r r r r r r r t4,' r-s° a Cloverleaf faaecinelvie Into- eens'l ayuu::" 321313,4T1 :.�`,� J J :9b 0 if fei 2 zoos; .A.v. ep f rc ayside Terri • 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 Toss or delay resulting from such use. Lai—. vmmer, .AA«c.c.oR.nAAt,.1ai otnrc�Rr. " ArPec—Z S 1 Q0 ')fT iftartu Map of 3519 Liberty Dr Pearland, TX by MapQuest Page 1 of; 3519 Liberty Dr Pearland, TX 77581-5416, US rrr. 0� i 6 Ubm, rs f ich�{3 y ] .�. ._ - .: un. ft . s 2 to Inc il�.aB N' AV1 %"k,+ �$+��p ,..i k, K.:' rti :, :. '�. ,' ' i .. ..: fID.�.._ ._�...W« .� ................ .... ..... .:..._.. _.... �...:_W_ .�..., .R:.t.: All rights reserved. Use Subiect 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 oul and its suppliers assume no responsibility for any loss or delay resulting from such use. aft 1_nrt ___'_____11_____0__'Jl_1_71___—O__ii_____•1C 1 Aft/'I AT — 1 1 /1-/^111 1 rap of 3519 Liberty Dr Pearland, TX by MapQuest Page 1 of 1 r *3519 Liberty Dr rPearland, TX 77581 5416, US r r r r r t5alle `I son m I 1 ->24Do ft 'el 200B:t. i7p 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. / ..,.c svfir ...a-6,9-Prve.,i+c ,e>=Q.r1r4,eeRrorleitniviefnru=oVrnritllrPcc=1S 1 (SWOT ihertv __ 11 /1 /2OOE Map of 3519 Liberty Dr Pearland, TX by MapQuest Page 1 ofr1 * 3519 Liberty Dr Pearland, TX 77581-5416, US 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. tiff n•//[xnxnv marwnnina+ nnm /mor•a/,r,.•,,, .•.71.1,•M+......—...7,7,.,...., 9_,. A G. 1 an/ of T 1 x /1 I'Ir 1 DUNHAM ENGINEERING Water Tank Consultants 13141 Hill Rd. • College Station, 'IX 77845 • (979) 690-6555 • Mobile (979) 820-1648 • FAX (979) 690-7034 www.DunhamEngineering.com Report of Inspection Water Storage Tank @ Liberty Pearland, Texas Conducted by Jimmy D. Dunham, P.E. January 11, 2006 1. CONSTRUCTION The bolted steel tank is approx. 25 years old. The tank consists of four steel rings resting on a concrete foundation The height is 32' and the circumference is 173'. The floor and lower interior wall were cleaned prior to the inspection 2. FOUNDATION The concrete foundation is level and in good condition. The lower ring of steel is plumb. 3. MANWAY A 24" x 48" bolted manway and a 24" diameter manway are located in the lower ring of steel. The rectangular manway cover was removed for the inspection. No evidence of prior leaks was observed. 4. LEVEL CONTROL The pressure gauge is 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. 1 6. LADDERS The ladder is in good condition with no loose rungs or bolts noted. The ladder gate is functional. There is no interior ladder. 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 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 good condition with no missing bolts. The interior galvanized coating is in fair condition. The floor was cleaned prior to the inspection. 11. EXTERIOR & COATING 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 approx. 25 years old and in good condition. b. The galvanized coating systems are providing adequate corrosion protection. Minor rust was noted on the roof and floor. c. Plan on replacing the tank within 5 years. 2 n L fl L n L fl L r L L L r n r Exterior view Top vent P L 3 r n 1 Rust on floor T Rust on interior bolted seams 4 300' 1 NORTH w 0 x x CONTROL BUILDING 16FT. GATE • )( x >( x )< x x x )( )< x x x )( 1( x x )( 8" DIA. FILL PIPE 2 - 12" DIA. SUPPLY LINE EXISTING BOLTED TANK AND PROPOSED. TANK (55FT. DIA. x 32FT. TALL) 1 - 8' DIA. OVERFLOW AND DRAIN LINE TO LINE UP WITH EXISTING CONCRETE DRAIN SECURITY FENCE IS "MI sea , ,• iI •'1 , 1 /, , , , 1 EXISTING ELEVATED TANK - NOT PART OF THIS CONTRACT , • •.`` +`'•oso x x x x x x x SCHEMATIC SITE PLAN NO SCALE PEARLAND, TEXAS LIBERTY DRIVE TANK SITE PLAN DUNHAM ENGINEERING INC DESIGNED J.D.D. DRAWN J.C.P. I DATE 11 / 14/2008 !sic 1 _0F_2 K 55'-0" ORIENTATION OF CONNECTIONS & APPURTENANCES GROUND STORAGE TANK 0 121 12"0 0 \ dj H NOT To SCALE . 0 M SCHEMATIC ELEVATION - TANK AND APPURTANCES NOT To SCALE EXIST. CONCRETE RING WALL END. .ILEX A = B = C = D = E _ G = H = I = J = K = L = DRAWING KEY IIAME 30" DIAMETER MANWAY 24" DIAMETER BLIND FLANGE 8" DIA.OVERFLOW 8" DIA. DRAIN 30" DIAMETER MANWAY 4li 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 PEARLAND, TEXAS LIBERTY DRIVE TANK CONNECTIONS DUNHAM ENGINEERING INC mow J.D.D. !DRAWN J.C.P. I DATE 11 / 14/2006 I SHEET