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R2001-0088 07-09-01 RESOLUTION NO. R2001-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE PIPER ROAD WATER AND SEWER PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction of the Piper Road Water and Sewer Project, and such bids have been reviewed and tabulated. Section2. That the City Council hereby awards the bid to Haddock Construction in the amount of $222, 333.00. Section 3. That the City Manager or his designee is hereby authorized to execute a contract for construction of the Piper Road Water and Sewer Project. PASSED, APPROVED and ADOPTED this the_~day of (~ ~'..t. , TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 21 May, 2001 Mn Jerry Bums. City of Pearland, l~bli¢ Works Departmen~ 3501 East Orange St. Pearland, TX 77581 Bid Tabulation Summary Piper Road Water & Sewer Extension Dear Mr. Burns, I have had the opportunity to review the bids for the referenced public works improvement project, and I am pleased to submit this summary and mi, comments for your review, Ther~ were five contractors who picked-up bid packages for this project, four of which returned completed bids, The four bidding finns were: Abyss Construction, Inc. Haddock Construction Co. PMB 146 P.O. Box 1263 1620 S. Friendswood Dr. Friendswood, TX 77549 Yfiendswood, TX 77565 Pe~nstar, Inc. E.P. Brady, Inc. 303 Lago Vista 3414 Persimmon Keraah, TX 77565 Houston, TX 77093 In reviewing the responses, I did find a multiplication error on the bid form presented by Haddock Comtmction. Per the ins~'uetions in the bid package, I have corrected the error and modified the bid total to the correct amount. Attached with this letter is a summ~ table of the received bid~. The lowe~t qualified bidder for tide p~ojeet was Haddock Construction Co. with a corrected bid total of $222,333. It is my recommendation that the City of Pearland award the bid to Haddock Consametion, Please do not hesitate to call me at (281) 332-1120 if you have any questions. Sincerely, IKC & Associates, Inc. · o~n ~sfia.~ P.E~ C: File 00,0704 909 B West Main Street * League City, TX 77573 * phone; (28'1) 332-1120 * FAX: (281) 332-2466 Memo From: JenyBurns, D~rectorofPublicWorks"~ ~ 6/21101 Re= PIPER ROAD WATER/SEWER PROJECT Attached you will find a Ud tabulation on the Piper Road Water/Sewer Project. History: As you may remember, this project was at the request of the residents along Piper who approached City Council on the matter. In January, a poll was taken of the (attached). Sincethen, I have engineered~e project and accepted bids. Request: I am seeldng direddon to follow up with the projec~ or delay it u~l a later date. Somewhere in time we will need to install these lines to complete the water/sewer system. However is now the time? This expenditure can be budgeted to 030-4042- 565.73-00 · Page 1 BID SUMMARY SHEET Piper Road Water &'~Sewer Extension Pearland Public Works Department COP No. B2001-054 20-Jun-01 Bidder I Bid I Addenda I Bid Name Bond Noted Amount / Memo T~ Alan Mueller, Inte~m C~ty Manager From= Jerry Bums, .Dire~or of Public ~ 01/16/01 R~ PIPER ROAD As you may recall, the Public Works Depsrffnent mailed out a survey to residents an Piper Road in response to the requests/concerns for ~ater and sewer service. Twenty-six questionnaires were ma~led on December 1, 2000 with a due date of Janua~ 15, 2001. The results are in: Out of a possibility of 26-11 responded 42% Out of 11 responses- 7 were FOR 26% Out of 11 respsnses - 3 were AGAINST 11% Out of 11 responses- 1 was UNDECIDED 3% The engineering projected costs for water and se~a' installation is $275,650.00, including $15,000.00 for plans and specs and $8,000.00 for sun/eying. 3the 2000-2001 Enterp~se Fund Budget contains monies for this project. Questions to ponder. or is{er, but is now the ~ght time? Is this the right financing rnethod? It seems that $275,650 for 7 possible hook-ups is awful expensive. 2. The topic of mandatory hook-up always comes up. Is this something to even consider since a lot of these Io{s have good woddng welis and septic systems? 3. Should we even consider finandng ~ areas through regular budget means or should we look at grouping t~rn info a major bond is~Je? (Wes{ Lea .~,/D, Hickory Creek ,~/D) I am Iootdng for direction. December 1, 2000 Dear Resident, T~ne City of Pearland is currently in the construction stage of installing a major sanitary sewer trunk line on Fite Road from Harkey to County Road 89. Completion date is set for July 2001. This project opens the possibility of extending water and sewer ~eiq line installation along ir~ersecting roads, such as Piper and F M 1128. The intent of this letter is to determine residential interest in tying on to the proposed .main lines. The current estimated cost for residents to tie into city lines along Piper Road once the Fire Road work is completed are as follows: · One-time Impact fee: $2,968 (a monthly payout plan is available) Tap fee: Long tap - $1000.00; Short tap - $650.00 Meter deposit: $75.00 · Monthly Water: $10.89 for the first 2000 gallons plus $2.02 for each additional 1000 gallons Sewer: $11.39 for the first 2000 gallons plus $1.46 for each additional 1000 gallons · Resident is responsible for installing lines from the house out to the main line (prOperty line) If you are interested in participating, please fill out and return the enclosed, non;binding reply letter by January 15, 2001. If there is enough interest to warrant the project, you will receive additional information as the pr(~ject unfolds. If you have any questions, please call ttqe Public Works Department at 281-652-1900, or send an email to jburns@ci.pearland.tx.us. Thank you. Jerry Burns Director of Public Works SECTION 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is dated as of the 8 day of August in the year 2001 by and between the City of Pearland (hereinafter called OWNER) and Haddock Construction Co. Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: PIPER ROAD WATER & SEWER EXTENSION City of Pearland Texas COP PN: B2001-054 Article 2. ENGINEER The Work has been designed by JKC & Associates, Inc. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be substantially completed within sixty (60) calendar days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions (as revised in the Supplementary Conditions), and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within ninety (90) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension hereof granted by Section 00500 Page 1 of 6 OWNER, CONTRACTOR shall pay OWNER one hundred dollars ($100.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment 3.3 Inspection Time. Working hours for the City of Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m. Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required overtime work at least 48 hours in advance and shall pay the overtime wages for the City inspection. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current finds as follows: For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph. UNIT PRICE WORK Item Section No. Reference 1 01502 2 01526 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 01555 01571 01740 01740 01740 01740 02082 02082 02082 02511 02511 02520 02521 02525 02531 02531 02534 02534 Item Description Mobilization Trench safety system Traffic control and regulation Reinforced fabric barriers Restoration of surface (regrade ditch) Restoration of gravel pavement Restoration of asphalt pavement Restoration of concrete pavement 4' 0 Sanitary Manhole (depth < 8') 4' 0 Sanitary Manhole (extra depth) 12" Drop pipe (SDR35) 12" C-900 PVC Water w/ fittings (open cut) 12" C-900 PVC Water in 16" steel case (bore) Fire hydrant assemblies 12" Gate valves with boxes 16"x12" Tapping sleeve and valve 12' SDR35 PVC Sewer (open cut 8 to 10') 12" SDR35 PVC Sewer (open cut < 8 ) Short side sanitary service leads Long side sanitary service leads EXTRA PAY ITEMS (EXTRA AS NEEDED) Item Quantity 1 1,728 1 30 5,090 186 944 225 5 25 1 3,003 40 7 5 1 423 1,610 8 10 Units LS LF LS EA LF SY SY SY EA VF EA LF LF EA EA EA LF LF EA EA Item Section No. Reference 1 01563 2 02511 2 02320 3 02320 4 02320 5 02317 Item Description Trench Dewatering Extra Water Fittings in -place Extra Structural Backfill Extra Crushed Concrete or Stone Extra Stabilized Sand Overexcavation Units LF EA CY CY CY CY Unit Price 20.00 500.00 8 00 50.00 35 00 5.00 Unit Price 1,000.00 1.00 2,000.00 50.00 3.00 18.00 24.00 60.00 1,800.00 110.00 650.00 17.50 75.00 2,150.00 550.00 5,064.00 31.50 26.50 500.00 1,300.00 Total Price 1,000.00 1,728.00 2,000.00 1,500.00 15,270 00 3,348.00 22,656.00 13, 500.00 9,000.00 275.00 650.00 52,552 50 3,000.00 15,050.00 2,750.00 5,064.00 13,324.50 42,665.00 4,000.00 13,000.00 Section 00500 Page 2 of 6 Total of all base line items Two Hundred Twenty-two Thousand Three Hundred Thirty-three (Dollars) $ 222,333.00 Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the last day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.05 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. 5.1.2 Each partial payment shall be less 5 percent (5%) of the amount thereof, which 5 percent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option may be relieved of the obligation to fully complete the Work and thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Article 6. INTEREST Not applicable. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: Section 00500 Page 3 of 6 7.1 CONTRACTOR has familiarized itself with the nature and extent of the contract documents Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost progress performance or furnishing of the Work 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and accepts the determination set forth in paragraph SC 4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance of furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations, investigations explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.03 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that they have discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the followings 8.1 This Agreement (Section 00500). 8.2 Performance and other Bonds (Sections 00610 and 00620). Section 00500 Page 4 of 6 8.3 Notice of Award. 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8.6 Attachments to the Supplementary Conditions. 8.7 Specifications consisting of divisions and as numbered pages, as listed in table of contents thereof. 8.8 Drawings, consisting of sheets numbered 1 through 12 inclusive with each sheet bearing the following general title: Piper Road Water & Sewer Extension 8.9 Addenda number _ to _, inclusive. 8.10 CONTRACTOR's Bid (Section 00300). 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3 04 of the General Conditions. There are no contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Section 00500 Page 5 of 6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on August 8, OWNER City of Pearland City Manager Ci• ATTEST -( Address for In g no ices 3519 Liberty Drive Pearland, TX 77581 Phone: 781/651-16no Fax: 281/652-1707 , 2001 ATTEST yeast44,1„-ee, (Corporate Seal) 11111• I, 479 • L Address for giving notices /Pe fit Phone: Fax: Agent for service of process 7/r 1149 29 9 ren y;,2 PIP END OF SECTION Section 00500 Page 6 of 6 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and r% Issued and Published Jointly By _. National Society of ASCE = _ = Professsonal Engineers AMERICAN CONSULTING = Professional Engineers in Private Practice AMERICAN SOCIETY OF CIVIL ENGINEERS ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a pracnce division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General a is <= Contractors of America Construction Specifications Institute AOvinceminl 0, ConslNcnon Technology These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) TABLE OF CONTENTS Rua ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 00700 - 6 1.01 Defined Terms 00700 - 6 1.02 Terminology 00700 - 8 ARTICLE 2 - PRELIMINARY MATTERS 00700 - 9 2.01 Delivery of Bonds 00700 - 9 2.02 Copies of Documents 00700 - 9 2.03 Commencement of Contract Times; Notice to Proceed 00700 - 9 2.04 Starting the Work 00700 - 9 2.05 Before Starting Construction 00700 - 9 2.06 Preconstruction Conference 00700 - 10 2.07 Initial Acceptance of Schedules 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 00700 - 10 3.01 Intent . , 00700 - 10 3.02 Reference Standards 00700 - 10 3.03 Reporting and Resolving Discrepancies 00700 - 11 3.04 Amending and Supplementing Contract Documents 00700 - 11 3.05 Reuse of Documents 00700 - 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands 4.02 Subsurface and Physical Conditions 4.03 Differing Subsurface or Physical Conditions 4.04 Underground Facilities 4.05 Reference Points 4.06 . Hazardous Environmental Condition at Site ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds 5.02 Licensed Sureties and Insurers 5.03 Certificates of Insurance 5.04 CONTRACTOR's Liability Insurance 5.05 OWNER's Liability Insurance 5.06 Property Insurance 5.07 Waiver of Rights 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence 6.02 Labor; Working Hours 6.03 Services, Materials, and Equipment 6.04 Progress Schedule 6.05 Substitutes and "Or -Equals" 6.06 Concerning Subcontractors, Suppliers, and Others 6.07 Patent Fees and Royalties 6.08 Permits 6.09 Laws and Regulations 6.10 Taxes 6.11 Use of Site and Other Areas 6.12 Record Documents 6.13 Safety and Protection 6.14 Safety Representative 6.15 Hazard Communication Programs 00700 - 11 00700 - 11 00700 - 12 00700 - 12 00700 - 13 00700 - 13 00700 - 14 00700 - 15 00700 - 15 00700 - 15 00700 - 15 00700 - 15 00700 - 16 00700 - 16 00700 - 17 00700 - 18 00700 - 18 00700 - 18 00700 - 18 00700 - 18 00700 - 19 00700 - 19 00700 - 19 00700 - 19 00700 - 20 00700-21 00700-21 00700 - 22 00700-22 00700 - 22 00700 - 22 00700 - 23 00700 - 23 00700 - 23 00700-3 6 16 Emergencies 00700-23 6.17 Shop Drawings and Samples 00700-23 6 18 Continuing the Work 00700 -24 6 19 CONTRACTOR's General Warranty and Guarantee 00700-25 6.20 Indemnification 00700 -25 ARTICLE 7 - OTHER WORK 00700-26 7 01 Related Work at Site 00700- 26 7 02 Coordination 00700-26 ARTICLE 8 - OWNER'S RESPONSIBILITIES 00700 -26 8 01 Communications to Contractor 00700 -26 8 02 Replacement of ENGINEER 00700-26 8 03 Furnish Data 00700 -26 8 04 Pay Promptly When Due 00700-26 8 05 Lands and Easements;Reports and Tests 00700- 26 8 06 Insurance 00700-27 8 07 Change Orders 00700-27 8 08 Inspections, Tests, and Approvals 00700-27 8 09 Limitations on OWNER's Responsibilities 00700 -27 8.10 Undisclosed Hazardous Environmental Condition 00700-27 8 11 Evidence of Financial Arrangements 00700-27 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 00700 -27 9 01 OWNER'S Representative 00700-27 9 02 Visits to Site 00700-27 9 03 Project Representative 00700-27 9 04 Clarifications and Interpretations 00700-28 9 05 Authorized Variations in Work 00700-28 9 06 Rejecting Defective Work 00700-28 9 07 Shop Drawings, Change Orders and Payments 00700-28 9 08 Determinations for Unit Price Work 00700-28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 00700-28 -- 9 10 Limitations on ENGINEER's Authority and Responsibilities 00700-28 ARTICLE 10- CHANGES IN THE WORK, CLAIMS 00700-29 10.01 Authorized Changes in the Work 00700-29 10 02 Unauthorized Changes in the Work 00700-29 10 03 Execution of Change Orders 00700-29 10 04 Notification to Surety 00700-29 10 05 Claims and Disputes 00700-30 ARTICLE 11 - COST OF THE WORK, CASH ALLOWANCES, UNIT PRICE WORK 00700-30 1101 Cost of the Work 00700-30 11 02 Cash Allowances 00700 -32 11 03 Unit Price Work 00700-32 ARTICLE 12 - CHANGE OF CONTRACT PRICE, CHANGE OF CONTRACT TIMES 00700- 33 12.01 Change of Contract Price 00700- 33 12.02 Change of Contract Times 00700-33 12.03 Delays Beyond CONTRACTOR's Control 00700 - 33 12.04 Delays Within CONTRACTOR's Control 00700-34 12.05 Delays Beyond OWNER's and CONTRACTOR's Control 00700- 34 12.06 Delay Damages 00700- 34 ARTICLE 13 - TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 00700- 34 13 01 Notice of Defects 00700 - 34 13 02 Access to Work 00700 - 34 13 03 Tests ant/Inspections 00700 - 34 13 04 Uncovering Work 00700 - 35 ?' 13 05 OWNER May Stop the Work 00700 - 35 13 06 Correction or Removal of Defective Work 00700 - 35 00700 -4 ARTICLE 15 - 15 01 15 02 15 03 15 04 ARTICLE 16 - 16 01 ARTICLE 17 - ARTICLE 14 - 14 01 14 02 14 03 14 04 14 05 14 06 13.07 Correction Period 13.08 Acceptance of Defective Work 13.09 OWNER May Correct Defective Work PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values Progress Payments CONTRACTOR's Warranty of Title Substantial Completion Partial Utilization Final Inspection 14 07 Final Payment 14.08 Final Completion Delayed 14.09 Waiver of Claims SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work OWNER May Terminate for Cause OWNER May Terminate For Convenience CONTRACTOR May Stop Work or Terminate DISPUTE RESOLUTION Methods and Procedures MISCELLANEOUS 17 01 Giving Notice 17 02 Computation of Times 17.03 Cumulative Remedies 17 04 Survival of Obligations 17 05 Controlling Law 00700 - 35 00700-36 00700-36 00700 - 36 00700 - 36 00700 - 37 00700 - 38 00700 - 38 00700 - 39 00700 - 39 00700-39 00700 - 40 00700 40 00700 - 40 00700 - 40 00700 - 40 00700-41 00700-41 00700 - 41 00700 - 41 00700 - 42 00700 - 42 00700 - 42 00700 - 42 00700 - 42 00700 - 42 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Contract Times, issued on or after the Effective Date of the Agreement. 1 01 Defined Terms 10 Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price A. Wherever used in the Contract Documents and or Contract Times, or both, or other relief with respect to printed with initial or all capital letters, the terms listed the terms of the Contract. A demand for money or below will have the meanings indicated which are applicable services by a third party is not a Claim. to both the singular and plural thereof 11 Contract--The entire and integrated written 1 Addenda--Written or graphic instruments issued agreement between the OWNER and CONTRACTOR prior to the opening of Bids which clarify, correct, or concerning the Work. The Contract supersedes prior change the Bidding Requirements or the Contract negotiations, representations, or agreements, whether Documents written or oral. 2. Agreement--The written instrument which is 12. Contract Documents--The Contract Documents evidence of the agreement between OWNER and establish the rights and obligations of the parties and CONTRACTOR covering the Work. include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including 3 Application for Payment—The form acceptable to documentation accompanying the Bid and any post Bid ENGINEER which is to be used by CONTRACTOR documentation submitted prior to the Notice of Award) during the course of the Work in requesting progress or when attached as an exhibit to the Agreement, the Notice final payments and which is to be accompanied by such to Proceed, the Bonds, these General Conditions, the supporting documentation as is required by the Contract Supplementary Conditions, the Specifications and the 41 Documents. Drawings as the same are more specifically identified in i the Agreement, together with all Written Amendments, 4 Asbestos--Any material that contains more than Change Orders, Work Change Directives, Field Orders, one percent asbestos and is friable or is releasing asbestos and ENGINEER's written interpretations and fibers into the air above current action levels established clarifications issued on or after the Effective Date of the by the United States Occupational Safety and Health Agreement. Approved Shop Drawings and the reports Administration. and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of 5 Bid—The offer or proposal of a bidder submitted the items listed in this paragraph are Contract Documents. on the prescribed form setting forth the prices for the Files in electronic media format of text, data, graphics, Work to be performed. and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 6 Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all 13 Contract Price--The moneys payable by OWNER Addenda issued prior to receipt of Bids) to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the 7 Bidding Requirements--The Advertisement or Agreement(subject to the provisions of paragraph 11`'03 Invitation to Bid, Instructions to Bidders, Bid security in the case of Unit Price Work) form, if any, and the Bid form with any supplements 14 Contract Times--The number of days or the dates 8. Bonds--Performance and payment bonds and stated in the Agreement to (i) achieve Substantial other instruments of security Completion, and(ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written 9 Change Order--A document recommended by recommendation of final payment. ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision 15 CONTRACTOR--The individual or entity with in the Work or an adjustment in the Contract Price or the whom OWNER has entered into the Agreement. 00700 - 6 r L 16. Cost of the Work--See paragraph 11.O1.A for 27 Milestone--A principal event specified in the definition. Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the 17 Drawings--That part of the Contract Documents Work. prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be 28 Notice of Award--The written notice by OWNER performed by CONTRACTOR. Shop Drawings and to the apparent successful bidder stating that upon timely other CONTRACTOR submittals are not Drawings as so compliance by the apparent successful bidder with the defined. conditions precedent listed therein, OWNER will sign and deliver the Agreement. 18 Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, 29 Notice to Proceed--A written notice given by but if no such date is indicated, it means the date on OWNER to CONTRACTOR fixing the date on which the which the Agreement is signed and delivered by the last Contract Times will commence to run and on which of the two parties to sign and deliver CONTRACTOR shall start to perform the Work under the Contract Documents 19 ENGINEER--The individual or entity named as such in the Agreement. 30 OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into 20 ENGINEER's Consultant—An individual or entity the Agreement and for whom the Work is to be having a contract with ENGINEER to furnish services as performed. ENGINEER's independent professional associate or consultant with respect to the Project and who is 31 Partial Utilization—Use by OWNER of a substan- identified as such in the Supplementary Conditions. tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to `21 Field Order--A written order issued by ENGI- Substantial Completion of all the Work. NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or 32. PCBs--Polychlorinated biphenyls `-. the Contract Times. 33 Petroleum—Petroleum, including crude oil or any 22. General Requirements—Sections of Division 1 of fraction thereof which is liquid at standard conditions of the Specifications. The General Requirements pertain to temperature and pressure(60 degrees Fahrenheit and 14 7 all sections of the Specifications. pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil 23 Hazardous Environmental Condition--The mixed with other non-Hazardous Waste and crude oils presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such 34 Project--The total construction of which the quantities or circumstances that may present a substantial Work to be performed under the Contract Documents danger to persons or property exposed thereto in may be the whole, or a part as may be indicated connection with the Work. elsewhere in the Contract Documents 24 Hazardous Waste--The term Hazardous Waste 35 Project Manual--The bound documentary shall have the meaning provided in Section 1004 of the information prepared for bidding and constructing the Solid Waste Disposal Act (42 USC Section 6903) as Work. A listing of the contents of the Project Manual, amended from time to time. which may be bound in one or more volumes, is contained in the table(s) of contents 25 Laws and Regulations;Laws or Regulations--Any and all applicable laws, rules regulations, ordinances, 36 Radioactive Material--Source, special nuclear, or codes, and orders of any and all governmental bodies, byproduct material as defined by the Atomic Energy Act agencies, authorities, and courts having jurisdiction. of 1954 (42 USC Section 2011 et seq ) as amended from time to time 26 Liens--Charges, . security interests, or encumbrances upon Project funds, real property, or 37 Resident Project Representative--The authorized personal property representative of ENGINEER who may be assigned to the Site or any part thereof • 00700 - 7 '"' 38. Samples--Physical examples of materials, steam, liquid petroleum products, telephone or other equipment, or workmanship that are representative of communications, cable television, water, wastewater, some portion of the Work and which establish the storm water, other liquids or chemicals, or traffic or standards by which such portion of the Work will be other control systems judged. 47 Unit Price Work--Work to be paid for on the 39 Shop Drawings—All drawings,diagrams, illustra- basis of unit prices tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- 48. Work--The entire completed construction or the TRACTOR and submitted by CONTRACTOR to various separately identifiable parts thereof required to be illustrate some portion of the Work. provided under the Contract Documents. Work includes and is the result of performing or providing all labor, 40 Site--Lands or areas indicated in the Contract services, and documentation necessary to produce such Documents as being furnished by OWNER upon which construction, and furnishing, installing, and incorporating the Work is to be performed, including rights-of-way and all materials and equipment into such construction, all as easements for access thereto, and such other lands required by the Contract Documents furnished by OWNER which are designated for the use of CONTRACTOR. 49 Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of 41 Specifications--That part of the Contract the Agreement and signed by OWNER and recommended Documents consisting of written technical descriptions of by ENGINEER ordering an addition, deletion, or revision materials, equipment, systems, standards, and in the Work, or responding to differing or unforeseen workmanship as applied to the Work and certain subsurface or physical conditions under which the Work administrative details applicable thereto is to be performed or to emergencies A Work Change Directive will not change the Contract Price or the 42. Subcontractor--An individual or entity having a Contract Times but is evidence that the parties expect that direct contract with CONTRACTOR or with any other the change ordered or documented by a Work Change Subcontractor for the performance of a part of the Work Directive will be incorporated in a subsequently issued at the Site. Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract —' 43 Substantial Completion—The time at which the Times. Work (or a specified part thereof)has progressed to the point where, in the opinion of ENGINEER, the Work(or 50 Written Amendment--A written statement a specified part thereof) is sufficiently complete, in modifying the Contract Documents, signed by OWNER accordance with the Contract Documents, so that the and CONTRACTOR on or after the Effective Date of the Work(or a specified part thereof)can be utilized for the Agreement and normally dealing with the nonengineering purposes for which it is intended. The terms or nontechnical rather than strictly construction-related "substantially complete" and "substantially completed" as aspects of the Contract Documents. applied to all or part of the Work refer to Substantial Completion thereof. 1 02 Terminology 44 Supplementary Conditions--That part of the A. Intent of Certain Terms or Adjectives Contract Documents which amends or supplements these General Conditions. 1 Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or 45 Supplier--A manufacturer, fabricator, supplier, import are used, or the adjectives "reasonable," distributor, materialman, or vendor having a direct "suitable," "acceptable," "proper," "satisfactory," or contract with CONTRACTOR or with any Subcontractor adjectives of like effect or import are used to describe an to furnish materials or equipment to be incorporated in action or determination of ENGINEER as to the Work, it the Work by CONTRACTOR or any Subcontractor is intended that such action or determination will be solely to evaluate, in general, the completed Work for 46 Underground Facilities--All underground compliance with the requirements of and information in pipelines, conduits, ducts, cables, wires, manholes, the Contract Documents and conformance with the design vaults, tanks, tunnels, or other such facilities or concept of the completed Project as a functioning whole attachments, and any encasements containing such as shown or indicated in the Contract Documents (unless facilities, including those that convey electricity, gases, there is a specific statement indicating otherwise) The 00700 - 8 use of any such term or adjective shall not be effective to ARTICLE 2 - PRELIMINARY MATTERS assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the 2.01 Delivery of Bonds provisions of paragraph 9 10 or any other provision of the Contract Documents A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver B Day to OWNER such Bonds as CONTRACTOR may be required to furnish. 1 The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2.02 Copies of Documents C. Defective A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents Additional copies will be 1 The word "defective," when modifying the word furnished upon request at the cost of reproduction. "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract 2 03 Commencement of Contract Times, Notice to Proceed Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred A. The Contract Times will commence to run on the to in the Contract Documents, or has been damaged prior thirtieth day after the Effective Date of the Agreement or, if to ENGINEER's _recommendation of final payment a Notice to Proceed is given, on the day indicated in the (unless responsibility for the protection thereof has been Notice to Proceed. A Notice to Proceed may be given at any assumed by OWNER at Substantial Completion in actor- time within 30 days after the Effective Date of the dance with paragraph 14 04 or 14.05) Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening D Furnish, Install, Perform, Provide or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier 1 The word "furnish," when used in connection with services, materials, or equipment, shall mean to 2.04 Starting the Work supply and deliver said services, materials, or equipment to the Site(or some other specified location)ready for use A. CONTRACTOR shall start to perform the Work on or installation and in usable or operable condition. the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the 2. The word "install," when used in connection Contract Times commence to run. with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, 2 05 Before Starting Construction or equipment complete and ready for intended use. A. CONTRACTOR's Review of Contract Documents. 3 The words "perform" or "provide," when used Before undertaking each part of the Work, CONTRACTOR in connection with services, materials, or equipment, shall carefully study and compare the Contract Documents shall mean to furnish and install said services, materials, and check and verify pertinent figures therein and all or equipment complete and ready for intended use applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, 4 When "furnish," "install," "perform," or "pro- ambiguity, or discrepancy which CONTRACTOR may vide" is not used in connection with services, materials, discover and shall obtain a written interpretation or or equipment in a context clearly requiring an obligation clarification from ENGINEER before proceeding with any of CONTRACTOR, "provide" is implied. Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any E. Unless stated otherwise in the Contract Documents, conflict, error, ambiguity, or discrepancy in the Contract words or phrases which have a well-known technical or Documents unless CONTRACTOR knew or reasonably construction industry or trade meaning are used in the should have known thereof Contract Documents in accordance with such recognized meaning` s; B Preliminary Schedules Within ten days after the Effective Date of the Agreement (unless otherwise specified 00700 - 9 in the General Requirements), CONTRACTOR shall submit 1 The progress schedule will be acceptable to to ENGINEER for its timely review. ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and 1 a preliminary progress schedule indicating the the Contract Times Such acceptance will not impose on times (numbers of days or dates) for starting and ENGINEER responsibility for the progress schedule, for completing the various stages of the Work, including any sequencing, scheduling, or progress of the Work nor Milestones specified in the Contract Documents, interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal 2. CONTRACTOR's schedule of Shop Drawing and and the times for submitting, reviewing, and processing Sample submittals will be acceptable to ENGINEER if it such submittal, and provides a workable arrangement for reviewing and processing the required submittals 3 a preliminary schedule of values for all of the Work which includes quantities and prices of items which 3 CONTRACTOR's schedule of values will be when added together equal the Contract Price and subdi- acceptable to ENGINEER as to form and substance if it vides the Work into component parts in sufficient detail provides a reasonable allocation of the Contract Price to. to serve as the basis for progress payments during component parts of the Work. performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. ARTICLE 3 -CONTRACT DOCUMENTS INTENT, AMENDING, REUSE C Evidence of Insurance. Before any Work at the Site is started; CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified 3 01 Intent in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any A. The Contract Documents are complementary; what additional insured may reasonably request) which is called for by one is as binding as if called for by all. CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5 B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be 2.06 Preconstruction Conference constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment A. Within 20 days after the Contract Times start to run, that may reasonably be inferred from the Contract Docu- but before any Work at the Site is started, a conference ments or from prevailing custom or trade usage as being attended by CONTRACTOR, ENGINEER, and others as required to produce the intended result will be provided appropriate will be held to establish a working understanding whether or not specifically called for at no additional cost to among the parties as to the Work and to discuss the schedules OWNER. referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications C. Clarifications and interpretations of the Contract for Payment, and maintaining required records. Documents shall be issued by ENGINEER as provided in Article 9 2.07 Initial Acceptance of Schedules 3 02 Reference Standards A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first A Standards, Specifications, Codes, Laws, and Application for Payment a conference attended by CON- Regulations TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided 1 Reference to standards, specifications, manuals, below the schedules submitted in accordance with paragraph or codes of any technical society, organization, or 2.05.B. CONTRACTOR shall have an additional ten days to association, or to Laws or Regulations, whether such make corrections and adjustments and to complete and reference be specific or by implication, shall mean the resubmit the schedules. No progress payment shall be made standard, specification, manual, code, or Laws or Regula- -1 to CONTRACTOR until acceptable schedules are submitted tions in effect at the time of opening of Bids (or on the to ENGINEER. Effective Date of the Agreement if there were no Bids), 00700 - 10 except as may be otherwise specifically stated in the 3 04 Amending and Supplementing Contract Documents Contract Documents A. The Contract Documents may be amended to provide 2. No provision of any such standard, specification, for additions, deletions, and revisions in the Work or to manual or code, or any instruction of a Supplier shall be modify the terms and conditions thereof in one or more of the effective to change the duties or responsibilities of following ways. (i) a Written Amendment; (ii) a Change OWNER, CONTRACTOR, or ENGINEER, or any of Order; or(iii) a Work Change Directive. their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall B The requirements of the Contract Documents may be any such provision or instruction be effective to assign to supplemented, and minor variations and deviations in the OWNER, ENGINEER, or any of ENGINEER's Work may be authorized, by one or more of the following Consultants, agents, or employees any duty or authority ways. (i) a Field Order; (ii) ENGINEER's approval of a to supervise or direct the performance of the Work or any Shop Drawing or Sample; or (iii) ENGINEER'S written duty or authority to undertake responsibility inconsistent interpretation or clarification. with the provisions of the Contract Documents. 3 05 Reuse of Documents 3 03 Reporting and Resolving Discrepancies A. CONTRACTOR and any Subcontractor or Supplier A. Reporting Discrepancies or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER. 1 If, during the performance of the Work, (i) shall not have or acquire any title to or ownership rights CONTRACTOR discovers any conflict, error, ambiguity, in any of the Drawings, Specifications, or other documents or discrepancy within the Contract Documents or between (or copies of any thereof) prepared by or bearing the seal of the Contract Documents and any provision of any Law or ENGINEER or ENGINEER's Consultant, including Regulation applicable to the performance of the Work or electronic media editions; and(ii) shall not reuse any of such of any standard, specification, manual or code, or of any Drawings, Specifications, other documents, or copies thereof instruction of any Supplier, CONTRACTOR shall report on extensions of the Project or any other project without it to ENGINEER in writing at once. CONTRACTOR written consent of OWNER and ENGINEER and specific shall not proceed with the Work affected thereby (except written verification or adaption by ENGINEER. This in an emergency as required by paragraph 6 16.A)until prohibition will survive final payment, completion, and an amendment or supplement to the Contract Documents acceptance of the Work, or termination or completion of the has been issued by one of the methods indicated in Contract. Nothing herein shall preclude CONTRACTOR paragraph 3 04,provided,however,that CONTRACTOR from retaining copies of the Contract Documents for record shall not be liable to OWNER or ENGINEER for failure purposes. to report any such conflict, error, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known thereof ARTICLE 4 -AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, B Resolving Discrepancies REFERENCE POINTS 1 Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract 4 01 Availability of Lands Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the A. OWNER shall furnish the Site. OWNER shall notify provisions of the Contract Documents and. CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site a. the provisions of any standard, specification, with which CONTRACTOR must comply in performing the manual, code, or instruction(whether or not specifi- Work. OWNER will obtain in a timely manner and pay for cally incorporated by reference in the Contract easements for permanent structures or permanent changes in Documents), or existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, b the provisions of any Laws or Regulations if any, of any adjustment in the Contract Price or Contract ( applicable to the performance of the Work (unless Times, or both, as a result of any delay in OWNER's such an interpretation of the provisions of the furnishing the Site, CONTRACTOR may make a Claim Contract Documents would result in violation of such therefor as provided in paragraph 10 05 Law or Regulation) 00700 - 11 B Upon reasonable written request, OWNER shall 4 03 Differing Subsurface or Physical Conditions furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the A. Notice. If CONTRACTOR believes that any subsur- Work is to be performed and OWNER's interest therein as face or physical condition at or contiguous to the Site that is necessary for giving notice of or filing a mechanic's or uncovered or revealed either construction lien against such lands in accordance with applicable Laws and Regulations 1 is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to C CONTRACTOR shall provide for all additional lands rely as provided in paragraph 4 02 is materially and access thereto that may be required for temporary inaccurate; or construction facilities or storage of materials and equipment. 2. is of such a nature as to require a change in the 4 02 Subsurface and Physical Conditions Contract Documents, or A. Reports and Drawings. The Supplementary 3 differs materially from that shown or indicated in Conditions identify- the Contract Documents; or 1 those reports of explorations and tests of 4 is of an unusual nature, and differs materially subsurface conditions at or contiguous to the Site that from conditions ordinarily encountered and generally ENGINEER has used in preparing the Contract Docu- recognized as inherent in work of the character provided ments, and for in the Contract Documents, 2. those drawings of physical conditions in or then CONTRACTOR shall, promptly after becoming aware relating to existing surface or subsurface structures at or thereof and before further disturbing the subsurface or contiguous to the Site(except Underground Facilities)that physical conditions or performing any Work in connection ENGINEER has used in preparing the Contract therewith(except in an emergency as required by paragraph Documents. 6 16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb 9) B. Limited Reliance by CONTRACTOR on Technical such condition or perform any Work in connection therewith Data Authorized. CONTRACTOR may rely upon the (except as aforesaid)until receipt of written order to do so general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not B. ENGINEER's Review. After receipt of written notice Contract Documents. Such "technical data" is identified in as required by paragraph 4 03.A, ENGINEER will promptly the Supplementary Conditions. Except for such reliance on review the pertinent condition, determine the necessity of such"technical data," CONTRACTOR may not rely upon or OWNER's obtaining additional exploration or tests with make any Claim against OWNER, ENGINEER, or any of respect thereto, and advise OWNER in writing(with a copy ENGINEER's Consultants with respect to: to CONTRACTOR) of ENGINEER's findings and conclusions 1 the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not C. Possible Price and Times Adjustments limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to 1 The Contract Price or the Contract Times, or be employed by CONTRACTOR, and safety precautions both, will be equitably adjusted to the extent that the and programs incident thereto; or existence of such differing subsurface or physical condition causes an increase or decrease in 2. other data, interpretations, opinions, and CONTRACTOR's cost of, or time required for, perfor- information contained in such reports or shown or mance of the Work; subject, however, to the following: indicated in such drawings, or a. such condition must meet any one or more of 3 any CONTRACTOR interpretation of or the categories described in paragraph 4 03 A, and conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. b with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9 08 and 11 03 4 ` 00700 - 12 is 2. CONTRACTOR shall not be entitled to any b locating all Underground Facilities shown or adjustment in the Contract Price or Contract Times if: indicated in the Contract Documents, a. CONTRACTOR knew of the existence of c. coordination of the Work with the owners of such conditions at the time CONTRACTOR made a such Underground Facilities, including OWNER, final commitment to OWNER in respect of Contract during construction, and Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto b the existence of such condition could resulting from the Work. reasonably have been discovered or revealed as a result of any examination, investigation, exploration, B Not Shown or Indicated test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract 1 If an Underground Facility is uncovered or Documents to be conducted by or for CON- revealed at or contiguous to the Site which was not shown TRACTOR prior to CONTRACTOR's making such or indicated, or not shown or indicated with reasonable final commitment; or accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before c. CONTRACTOR failed to give the written further disturbing conditions affected thereby or notice within the time and as required by paragraph performing any Work in connection therewith(except in 4 03.A. an emergency as required by paragraph 6 16.A), identify the owner of such Underground Facility and give written 3 If OWNER and CONTRACTOR are unable to notice to that owner and to OWNER and ENGINEER. agree on entitlement to or on the amount or extent, if any, ENGINEER will promptly review the Underground of any adjustment in the Contract Price or Contract Facility and determine the extent, if any, to which a Times, or both, a Claim may be made therefor as change is required in the Contract Documents to reflect provided in paragraph 10 05 However, OWNER, and document the consequences of the existence or ENGINEER, and ENGINEER's Consultants shall not be location of the Underground Facility During such time, liable to CONTRACTOR for any claims,costs,losses, or CONTRACTOR shall be responsible for the safety and damages(including but not limited to all fees and charges protection of such Underground Facility of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution 2. If ENGINEER concludes that a change in the costs) sustained by CONTRACTOR on or in connection Contract Documents is required, a Work Change with any other project or anticipated project. Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment 4 04 Underground Facilities shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to'the A. Shown or Indicated. The information and data shown existence or location of any Underground Facility that or indicated in the Contract Documents with respect to was not shown or indicated or not shown or indicated existing Underground Facilities at or contiguous to the Site with reasonable accuracy in the Contract Documents and is based on information and data furnished to OWNER or that CONTRACTOR did not know of and could not ENGINEER by the owners of such Underground Facilities, reasonably have been expected to be aware of or to have including OWNER, or by others. Unless it is otherwise anticipated. If OWNER and CONTRACTOR are unable expressly provided in the Supplementary Conditions to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract 1 OWNER and ENGINEER shall not be Times, OWNER or CONTRACTOR may make a Claim responsible for the accuracy or completeness of any such therefor as provided in paragraph 10 05 information or data, and 4 05 Reference Points 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full A. OWNER shall provide engineering surveys to responsibility for establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- \ a. reviewing and checking all such information TRACTOR to proceed with the Work CONTRACTOR and data, shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 00700 - 13 monuments, and shall make no changes or relocations Environmental Condition, CONTRACTOR shall immedi- without the prior written approval of OWNER. ately• (i) secure or otherwise isolate such condition, (ii) stop �! CONTRACTOR shall report to ENGINEER whenever any all Work in connection with such condition and in any area reference point or property monument is lost or destroyed or affected thereby (except in an emergency as required by requires relocation because of necessary changes in grades or paragraph 6.16), and (iii) notify OWNER and ENGINEER locations, and shall be responsible for the accurate (and promptly thereafter confirm such notice in writing) replacement or relocation of such reference points or OWNER shall promptly consult with ENGINEER concerning property monuments by professionally qualified personnel. the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any 4 06 Hazardous Environmental Condition at Site E. CONTRACTOR shall not be required to resume A. Reports and Drawings. Reference is made to the Work in connection with such condition or in any affected Supplementary Conditions for the identification of those area until after OWNER has obtained any required permits reports and drawings relating to a Hazardous Environmental related thereto and delivered to CONTRACTOR written Condition identified at the Site, if any, that have been utilized notice. (i) specifying that such condition and any affected by the ENGINEER in the preparation of the Contract area is or has been rendered safe for the resumption of Work; Documents. or (ii) specifying any special conditions under which such Work may be resumed safely if OWNER and B. Limited Reliance by CONTRACTOR on Technical CONTRACTOR cannot agree as to entitlement to or on the Data Authorized. CONTRACTOR may rely upon the amount or extent, if any, of any adjustment in Contract Price general accuracy of the "technical data" contained in such or Contract Times, or both, as a result of such Work stop- reports and drawings, but such reports and drawings are not page or such special conditions under which Work is agreed Contract Documents. Such "technical data" is identified in to be resumed by CONTRACTOR, either party may make a the Supplementary Conditions. Except for such reliance on Claim therefor as provided in paragraph 10 05 such"technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of F If after receipt of such written notice ENGINEER's Consultants with respect to: CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to 1 the completeness of such reports and drawings resume such Work under such special conditions, then for CONTRACTOR's purposes, including, but not OWNER may order the portion of the Work that is in the limited to, any aspects of the means, methods, area affected by such condition to be deleted from the Work. techniques, sequences and procedures of construction to If OWNER and CONTRACTOR cannot agree as to be employed by CONTRACTOR and safety precautions entitlement to or on the amount or extent, if any, of an and programs incident thereto; or adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may 2. other data, interpretations, opinions and make a Claim therefor as provided in paragraph 10 05 information contained in such reports or shown or OWNER may have such deleted portion of the Work indicated in such drawings, or performed by OWNER's own forces or others in accordance with Article 7 3 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such G To the fullest extent permitted by Laws and other data, interpretations, opinions or information. Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, C. CONTRACTOR shall not be responsible for any ENGINEER's Consultants and the officers, directors, Hazardous Environmental Condition uncovered or revealed partners, employees, agents, other consultants, and at the Site which was not shown or indicated in Drawings or subcontractors of each and any of them from and against all Specifications or identified in the Contract Documents to be claims, costs, losses, and damages (including but not limited within the scope of the Work. CONTRACTOR shall be to all fees and charges of engineers, architects, attorneys, and responsible for a Hazardous Environmental Condition created other professionals and all court or arbitration or other with any materials brought to the Site by CONTRACTOR, dispute resolution costs) arising out of or relating to a Subcontractors, Suppliers, or anyone else for whom CON- Hazardous Environmental Condition, provided that such TRACTOR is responsible. Hazardous Environmental Condition. (i) was not shown or indicated in the Drawings or Specifications or identified in 1} D If CONTRACTOR encounters a Hazardous the Contract Documents to be included within the scope of J Environmental Condition or if CONTRACTOR or anyone for the Work, and (ii)was not created by CONTRACTOR or by whom CONTRACTOR is responsible creates a Hazardous anyone for whom CONTRACTOR is responsible Nothing 00700 - 14 in this paragraph 4.06.E shall obligate OWNER to indemnify of paragraph 5.01.B, CONTRACTOR shall within 20 days any individual or entity from and against the consequences of thereafter substitute another Bond and surety, both of which that individual's or entity's own negligence. shall comply with the requirements of paragraphs 5 01 B and 5 02. H To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 5 02 Licensed Sureties and Insurers harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors,partners, employees, agents, other A. All Bonds and insurance required by the Contract consultants, and subcontractors of each and any of them from Documents to be purchased and maintained by OWNER or and against all claims, costs, losses, and damages (including CONTRACTOR shall be obtained from surety or insurance but not limited to all fees and charges of engineers, companies that are duly licensed or authorized in the architects, attorneys, and other professionals and all court or jurisdiction in which the Project is located to issue Bonds or arbitration or other dispute resolution costs) arising out of or insurance policies for the limits and coverages so required. relating to a Hazardous Environmental Condition created by Such surety and insurance companies shall also meet such CONTRACTOR or by anyone for whom CONTRACTOR is additional requirements and qualifications as may be provided responsible. Nothing in this paragraph 4 06.F shall obligate in the Supplementary Conditions. CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's 5 03 Certificates of Insurance own negligence. A. CONTRACTOR shall deliver to OWNER, with I. The provisions of paragraphs 4 02, 4 03, and 4.04 copies to each additional insured identified in the Supple- are not intended to apply to a Hazardous Environmental mentary Conditions, certificates of insurance (and other Condition uncovered or revealed at the Site. evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to ARTICLE 5 - BONDS AND INSURANCE CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by 01 Performance, Payment, and Other Bonds CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the 5 04 CONTRACTOR's Liability Insurance Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the A. CONTRACTOR shall purchase and maintain such Contract Documents. These Bonds shall remain in effect at liability and other insurance as is appropriate for the Work least until one year after the date when final payment being performed and as will provide protection from claims becomes due, except as provided otherwise by Laws or set forth below which may arise out of or result from Regulations or by the Contract Documents. CONTRACTOR CONTRACTOR's performance of the Work and shall also furnish such other Bonds as are required by the CONTRACTOR's other obligations under the Contract Contract Documents. Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by B All Bonds shall be in the form prescribed by the anyone directly or indirectly employed by any of them to Contract Documents except as provided otherwise by Laws perform any of the Work, or by anyone for whose acts any or Regulations, and shall be executed by such sureties as are of them may be liable• named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as 1 claims under workers' compensation, disability Acceptable Reinsuring Companies" as published in Circular benefits, and other similar employee benefit acts, 570(amended)by the Financial Management Service, Surety Bond Branch, U S Department of the Treasury All Bonds 2 claims for damages because of bodily injury, signed by an agent must be accompanied by a certified copy occupational sickness or disease, or death of of such agent's authority to act. CONTRACTOR's employees, C If the surety on any Bond furnished by CON 3 claims for damages because of bodily injury, TRACTOR is declared bankrupt or becomes insolvent or its sickness or disease, or death of any person other than right to do business is terminated in any state where any part CONTRACTOR's employees, of the Project is located or it ceases to meet the requirements 00700 - 15 i 4 claims for damages insured by reasonably correcting, removing, or replacing defective Work in available personal injury liability coverage which are sus- accordance with paragraph 13 07, and tained. (i)by any person as a result of an offense directly or indirectly related to the employment of such person by 7 with respect to completed operations insurance, CONTRACTOR, or (ii) by any other person for any and any insurance coverage written on a claims-made other reason, basis, remain in effect for at least two years after final payment(and CONTRACTOR shall furnish OWNER and 5 claims for damages, other than to the Work each other additional insured identified in the Supple- itself, because of injury to or destruction of tangible mentary Conditions, to whom a certificate of insurance property wherever located, including loss of use resulting has been issued, evidence satisfactory to OWNER and therefrom, and any such additional insured of continuation of such insurance at final payment and one year thereafter) 6. claims for damages because of bodily injury or death of any person or property damage arising out of the 5 05 OWNER's Liability Insurance ownership, maintenance or use of any motor vehicle. A. In addition to the insurance required to be provided B The policies of insurance so required by this by CONTRACTOR under paragraph 5 04, OWNER, at paragraph 5 04 to be purchased and maintained shall OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect 1 with respect to insurance required by paragraphs OWNER against claims which may arise from operations 5 04.A.3 through 5 04.A 6 inclusive, include as under the Contract Documents. additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, 5 06 Property Insurance ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of A. Unless otherwise provided in the Supplementary whom shall be listed as additional insureds, and include Conditions, OWNER shall purchase and maintain property coverage for the respective officers, directors, partners, insurance upon the Work at the Site in the amount of the full employees, agents, and other consultants and replacement cost thereof(subject to such deductible amounts subcontractors of each and any of all such additional as may be provided in the Supplementary Conditions or "ky insureds, and the insurance afforded to these additional required by Laws and Regulations) This insurance shall. insureds shall provide primary coverage for all claims covered thereby; 1 include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's 2. include at least the specific coverages and be Consultants, and any other individuals or entities identi- I written for not less than the limits of liability provided in tied in the Supplementary Conditions, and the officers, i the Supplementary Conditions or required by Laws or directors, partners, employees, agents, and other Regulations, whichever is greater; consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and 3 include completed operations insurance, shall be listed as an additional insured, 4 include contractual liability insurance covering 2. be written on a Builder's Risk "all-risk" or open CONTRACTOR's indemnity obligations under para- peril or special causes of loss policy form that shall at graphs 6 07, 6.11, and 6.20; least include insurance for physical loss or damage to the Work,temporary buildings, false work, and materials and 5 contain a provision or endorsement that the equipment in transit, and shall insure against at least the coverage afforded will not be canceled, materially following perils or causes of loss. fire, lightning, changed or renewal refused until at least thirty days prior extended coverage, theft, vandalism and malicious written notice has been given to OWNER and mischief, earthquake, collapse, debris removal, CONTRACTOR and to each other additional insured demolition occasioned by enforcement of Laws and identified in the Supplementary Conditions to whom a Regulations, water damage, and such other perils or certificate of insurance has been issued (and the causes of loss as may be specifically required by the certificates of insurance furnished by the CONTRACTOR Supplementary Conditions, pursuant to paragraph 5 03 will so provide), A 3 include expenses incurred in the repair or 6 remain in effect at least until final payment and replacement of any insured property (including but not _.=) at all times thereafter when CONTRACTOR may be limited to fees and charges of engineers and architects), 00700 - 16 4 cover materials and equipment stored at the Site at the Site, OWNER shall in writing advise CONTRACTOR (4— or at another location that was agreed to in writing by whether or not such other insurance has been procured by OWNER prior to being incorporated in the Work, OWNER. provided that such materials and equipment have been included in an Application for Payment recommended by 5 07 Waiver of Rights ENGINEER, A. OWNER and CONTRACTOR intend that all policies 5 allow for partial utilization of the Work by purchased in accordance with paragraph 5.06 will protect OWNER, OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or 6. include testing and startup, and entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, 7 be maintained in effect until final payment is directors, partners, employees, agents, and other consultants made unless otherwise agreed to in writing by OWNER, and subcontractors of each and any of them) in such policies CONTRACTOR, and ENGINEER with 30 days written and will provide primary coverage for all losses and damages notice to each other additional insured to whom a certifi- caused by the perils or causes of loss covered thereby All cate of insurance'his been issued. such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will B OWNER shall purchase and maintain such boiler and have no rights of recovery against any of the insureds or machinery insurance or additional property insurance as may additional insureds thereunder OWNER and CONTRAC- be required by the Supplementary Conditions or Laws and TOR waive all rights against each other and their respective Regulations which will include the interests of OWNER, officers, directors, partners, employees, agents, and other CONTRACTOR, Subcontractors, ENGINEER, consultants and subcontractors of each and any of them for ENGINEER's Consultants, and any other individuals or all losses and damages caused by, arising out of or resulting entities identified in the Supplementary Conditions, each of from any of the perils or causes of loss covered by such whom is deemed to have an insurable interest and shall be policies and any other property insurance applicable to the listed as an insured or additional insured. Work; and, in addition, waive all such rights against Subcontractors,ENGINEER,ENGINEER's Consultants,and C. All the policies of insurance (and the certificates or all other individuals or entities identified in the Supplemen- other evidence thereof) required to be purchased and tary Conditions to be listed as insureds or additional insureds maintained in accordance with paragraph 5 06 will contain a (and the officers, directors, partners, employees, agents, and 'provision or endorsement that the coverage afforded will not other consultants and subcontractors of each and any of them) be canceled or materially changed or renewal refused until at under such policies for losses and damages so caused. None least 30 days prior written notice has been given to OWNER of the above waivers shall extend to the rights that any party and CONTRACTOR and to each other additional insured to making such waiver may have to the proceeds of insurance whom a certificate of insurance has been issued and will held by OWNER as trustee or otherwise payable under any contain waiver provisions in accordance with paragraph 5 07 policy so issued. D OWNER shall not be responsible for purchasing and B. OWNER waives all rights against CONTRACTOR, maintaining any property insurance specified in this Subcontractors, ENGINEER,ENGINEER's Consultants,and paragraph 5 06 to protect the interests of CONTRACTOR, the officers,directors,partners, employees, agents, and other Subcontractors, or others in the Work to the extent of any consultants and subcontractors of each and any of them for deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible 1 loss due to business interruption, loss of use, or amount will be borne by CONTRACTOR, Subcontractors, other consequential loss extending beyond direct physical or others suffering any such loss, and if any of them wishes loss or damage to OWNER's property or the Work property insurance coverage within the limits of such caused by, arising out of, or resulting from fire or other amounts, each may purchase and maintain it at the peril whether or not insured by OWNER, and purchaser's own expense 2. loss or damage to the completed Project or part E. If CONTRACTOR requests in writing that other thereof caused by, arising out of, or resulting from fire or special insurance be included in the property insurance other insured peril or cause of loss covered by any policies provided under paragraph 5 06, OWNER shall, if property insurance maintained on the completed Project possible, include such insurance, and the cost thereof will be or part thereof by OWNER during partial utilization charged to CONTRACTOR by appropriate Change Order or .pursuant to paragraph 14 05, after Substantial Completion Written Amendment. Prior to commencement of the Work T 00700 - 17 pursuant to paragraph 14 04, or after final payment of such party by the Contract Documents, such party shall pursuant to paragraph 14 07 notify the other party in writing of such failure to purchase r prior to the start of the Work, or of such failure to maintain C. Any insurance policy maintained by OWNER cover- prior to any change in the required coverage. Without ing any loss, damage or consequential loss referred to in prejudice to any other right or remedy, the other party may paragraph 5.07.B shall contain provisions to the effect that in elect to obtain equivalent Bonds or insurance to protect such the event of payment of any such loss, damage, or other parry's interests at the expense of the party who was consequential loss, the insurers will have no rights of required to provide such coverage, and a Change Order shall recovery against CONTRACTOR, Subcontractors, be issued to adjust the Contract Price accordingly ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants 5 10 Partial Utilization, Acknowledgment of Property and subcontractors of each and any of them. Insurer 5 08 Receipt and Application of Insurance Proceeds A. If OWNER fords it necessary to occupy or use a portion or portions of the Work prior to Substantial A. Any insured loss under the policies of insurance Completion of all the Work as provided in paragraph 14 05, required by paragraph 5 06 will be adjusted with OWNER no such use or occupancy shall commence before the insurers and made payable to OWNER as fiduciary for the insureds, providing the property insurance pursuant to paragraph 5 06 as their interests may appear, subject to the requirements of have acknowledged notice thereof and in writing effected any any applicable mortgage clause and of paragraph 5 08.B changes in coverage necessitated thereby The insurers OWNER shall deposit in a separate account any money so providing the property insurance shall consent by endorse- received and shall distribute it in accordance with such agree- ment on the policy or policies, but the property insurance ment as the parties in interest may reach. if no other special shall not be canceled or permitted to lapse on account of any agreement is reached, the damaged Work shall be repaired or such partial use or occupancy replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES i#111)• B. OWNER as fiduciary shall have power to adjust and settle any loss wiih the insurers unless one of the parties in 6.01 Supervision and Superintendence interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power If A. CONTRACTOR shall supervise, inspect, and direct such objection be made, OWNER as fiduciary shall make the Work competently and efficiently, devoting such attention settlement with the insurers in accordance with such thereto and applying such skills and expertise as may be agreement as the parties in interest may reach. If no such necessary to perform the Work in accordance with the agreement among the parties in interest is reached, OWNER Contract Documents. CONTRACTOR shall be solely as fiduciary shall adjust and settle the loss with the insurers responsible for the means, methods, techniques, sequences, and, if required in writing by any party in interest, OWNER and procedures of construction, but CONTRACTOR shall as fiduciary shall give bond for the proper performance of not be responsible for the negligence of OWNER or such duties. ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of 5 09 Acceptance of Bonds and Insurance; Option to construction which is shown or indicated in and expressly Replace required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies A. If either OWNER or CONTRACTOR has any accurately with the Contract Documents. objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and B At all times during the progress of the Work, maintained by the other party in accordance with Article 5 on CONTRACTOR shall assign a competent resident superin- the basis of non-conformance with the Contract Documents, tendent thereto who shall not be replaced without written -the objecting parry shall so notify the other party in writing notice to OWNER and ENGINEER except under within 10 days after receipt of the certificates (or other extraordinary circumstances. The superintendent will be evidence requested)required by paragraph 2.05 C. OWNER CONTRACTOR's representative at the Site and shall have and CONTRACTOR shall each provide to the other such authority to act on behalf of CONTRACTOR. All additional information in respect of insurance provided as the communications given to or received from the superintendent other may reasonably request. If either party does not shall be binding on CONTRACTOR. purchase or maintain all of the Bonds and insurance required 00700- 18 6 02 Labor; Working Hours any provisions of the General Requirements applicable thereto A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the 2. Proposed adjustments in the progress schedule Work as required by the Contract Documents CON- that will change the Contract Times (or Milestones) shall TRACTOR shall at all times maintain good discipline and be submitted in accordance with the requirements of order at the Site. Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with B Except as otherwise required for the safety or Article 12. protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the 6 05 Substitutes and "Or-Equals" Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not A. Whenever an item of material or equipment is permit overtime work or the performance of Work on specified or described in the Contract Documents by using Saturday, Sunday, or any legal holiday without OWNER's the name of a proprietary item or the name of a particular written consent (which will not be unreasonably withheld) Supplier, the specification or description is intended to given after prior written notice to ENGINEER. establish the type, function, appearance, and quality required. ri Unless the specification or description contains or is followed 6.03 Services, Materials, and Equipment by words reading that no like, equivalent,or "or-equal" item or no substitution is permitted, other items of material or A. Unless otherwise specified in the General Re- equipment or material or equipment of other Suppliers may quirements, CONTRACTOR shall provide and assume full be submitted to ENGINEER for review under the circum- responsibility for all services, materials, equipment, labor, stances described below transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, 1 "Or-Equal" Items. If in ENGINEER's sole sanitary facilities, temporary facilities, and all other facilities discretion an item of material or equipment proposed by 'and incidentals necessary for the performance, testing, CONTRACTOR is functionally equal to that named and start-up, and completion of the Work. sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an B All materials and equipment incorporated into the "or-equal" item, in which case review and approval of Work shall be as specified or, if not specified, shall be of the proposed item may, in ENGINEER's sole discretion, good quality and new, except as otherwise provided in the be accomplished without compliance with some or all-of Contract Documents. All warranties and guarantees the requirements for approval of proposed substitute specifically called for by the Specifications shall expressly items. For the purposes of this paragraph 6.05.A.1, a run to the benefit of OWNER. If required by ENGINEER, proposed item of material or equipment will be CONTRACTOR shall furnish satisfactory evidence considered functionally equal to an item so named if. (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and a. in the exercise of reasonable judgment equipment shall be stored, applied, installed, connected, ENGINEER determines that: (i) it is at least equal in erected, protected, used, cleaned, and conditioned in quality, durability, appearance, strength, and design accordance with instructions of the applicable Supplier, characteristics, (ii) it will reliably perform at least except as otherwise may be provided in the Contract Docu- equally well the function imposed by the design ments concept of the completed Project as a functioning whole, and, 6 04 Progress Schedule b CONTRACTOR certifies that: (i)there is no A. CONTRACTOR shall adhere to the progress schedule increase in cost to the OWNER, and (ii) it will established in accordance with paragraph 2.07 as it may be conform substantially, even with deviations, to the adjusted from time to time as provided below detailed requirements of the item named in the Contract Documents 1 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2 07) 2. Substitute Items e proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones) a. If in ENGINEER's sole discretion an item of Such adjustments will conform generally to the progress material or equipment proposed by CONTRACTOR schedule then in effect and additionally will comply with does not qualify as an "or-equal" item under 00700 - 19 paragraph 6.05.A.1, it will be considered a proposed required by the Contract Documents, CONTRACTOR may substitute item. furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- b. CONTRACTOR shall submit sufficient NEER. CONTRACTOR shall submit sufficient information information as provided below to allow ENGINEER to allow ENGINEER, in ENGINEER's sole discretion, to to determine that the item of material or equipment determine that the substitute proposed is equivalent to that proposed is essentially equivalent to that named and expressly called for by the Contract Documents. The proce- an acceptable substitute therefor Requests for dure for review by ENGINEER will be similar to that review of proposed substitute items of material or provided in subparagraph 6 05.A.2. equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. C Engineer's Evaluation. ENGINEER will be allowed a reasonable time within which to evaluate each proposal or c. The procedure for review by ENGINEER submittal made pursuant to paragraphs 6.05.A and 6.05 B will be as set forth in paragraph 6 05.A.2.d, as ENGINEER will be the sole judge of acceptability No supplemented in the General Requirements and as "or-equal" or substitute will be ordered, installed or utilized ENGINEER may decide is appropriate under the until ENGINEER's review is complete, which will be circumstances evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will d. CONTRACTOR shall first make written advise CONTRACTOR in writing of any negative application to ENGINEER for review of a proposed determination. substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The D Special Guarantee. OWNER may require CON- application shall certify that the proposed substitute TRACTOR to furnish at CONTRACTOR's expense a special item will perform adequately the functions and performance guarantee or other surety with respect to any achieve the results called for by the general design, substitute. be similar in substance to that specified, and be suited to the same use as that specified. The application E. ENGINEER's Cost Reimbursement: ENGINEER will will state the extent, if any, to which the use of the record time required by ENGINEER and ENGINEER's proposed substitute item will prejudice Consultants in evaluating substitute proposed or submitted by CONTRACTOR's achievement of Substantial CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B Completion on time, whether or not use of the and in making changes in the Contract Documents (or in the proposed substitute item in the Work will require a provisions of any other direct contract with OWNER for change in any of the Contract Documents (or in the work on the Project) occasioned thereby Whether or not provisions of any other direct contract with OWNER ENGINEER approves a substitute item so proposed or for work on the Project) to adapt the design to the submitted by CONTRACTOR, CONTRACTOR shall proposed substitute item and whether or not reimburse OWNER for the charges of ENGINEER and incorporation or use of the proposed substitute item ENGINEER's Consultants for evaluating each such proposed in connection with the Work is subject to payment of substitute. any license fee or royalty All variations of the pro- posed substitute item from that specified will be F CONTRACTOR's Expense. CONTRACTOR shall identified in the application, and available provide all data in support of any proposed substitute or engineering, sales, maintenance, repair, and "or-equal" at CONTRACTOR's expense. replacement services will be indicated. The application will also contain an itemized estimate of 6 06 Concerning Subcontractors, Suppliers, and Others all costs or credits that will result directly or indi- rectly from use of such substitute item, including A. CONTRACTOR shall not employ any Subcontractor, costs of redesign and claims of other contractors Supplier, or other individual or entity (including those affected by any resulting change, all of which will be acceptable to OWNER as indicated in paragraph 6 06.B), considered by ENGINEER in evaluating the proposed whether initially or as a replacement, against whom OWNER substitute item. ENGINEER may require CON- may have reasonable objection. CONTRACTOR shall not be TRACTOR to furnish additional data about the pro- required to employ any Subcontractor, Supplier, or other posed substitute item individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B Substitute Construction Methods or Procedures. If a specific means, method, technique, sequence, orprocedure B If the Supplementary Conditions require the identity q 9 PP ry 9 of construction is shown or indicated in and expressly of certain Subcontractors, Suppliers, or other individuals or 00700 - 20 ' t - entities to be submitted to OWNER in advance for acceptance or Supplier which specifically binds the Subcontractor or by OWNER by a specified date prior to the Effective Date of Supplier to the applicable terms and conditions of the the Agreement, and if CONTRACTOR has submitted a list Contract Documents for the benefit of OWNER and thereof in accordance with the Supplementary Conditions, ENGINEER. Whenever any such agreement is with a OWNER's acceptance(either in writing or by failing to make Subcontractor or Supplier who is listed as an additional written objection thereto by the date indicated for acceptance insured on the property insurance provided in paragraph or objection in the Bidding Documents or the Contract 5 06, the agreement between the CONTRACTOR and the Documents) of any such Subcontractor, Supplier, or other Subcontractor or Supplier will contain provisions whereby individual or entity so identified may be revoked on the basis the Subcontractor or Supplier waives all rights against of reasonable objection after due investigation. CON- OWNER, CONTRACTOR, ENGINEER, ENGINEER's TRACTOR shall submit an acceptable replacement for the Consultants, and all other individuals or entities identified in rejected Subcontractor, Supplier, or other individual or the Supplementary Conditions to be listed as insureds or entity, and the Contract Price will be adjusted by the differ- additional insureds (and the officers, directors, partners, ence in the cost occasioned by such replacement, and an employees, agents, and other consultants and subcontractors appropriate Change Order will be issued or Written of each and any of them) for all losses and damages caused Amendment signed. No acceptance by OWNER of any such by, arising out of, relating to, or resulting from any of the Subcontractor, Supplier, or .other individual or entity, perils or causes of loss covered by such policies and any whether initially or as a replacement, shall constitute a other property insurance applicable to the Work. If the waiver of any right of OWNER or ENGINEER to reject insurers on any such policies require separate Waiver forms defective Work. to be signed by any Subcontractor or Supplier, CONTRAC- TOR will obtain the same. C CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 6 07 Patent Fees and Royalties Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as A. CONTRACTOR shall pay all license fees and CONTRACTOR is responsible for CONTRACTOR's own royalties and assume all costs incident to the use in the acts and omissions. Nothing in the Contract Documents shall performance of the Work or the incorporation in the Work of create for the benefit of any such Subcontractor, Supplier, or any invention, design, process, product, or device which is other individual or entity any contractual relationship between the subject of patent rights or copyrights held by others If OWNER or ENGINEER and any such Subcontractor, a particular invention, design, process, product, or device is Supplier or other individual or entity, nor shall it create any specified in the Contract Documents for use in the `obligation on the part of OWNER or ENGINEER to pay or performance of the Work and if to the actual knowledge of to see to the payment of any moneys due any such Subcon- OWNER or ENGINEER its use is subject to patent rights or tractor, Supplier, or other individual or entity except as may copyrights calling for the payment of any license fee or otherwise be required by Laws and Regulations. royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents To the D CONTRACTOR shall be solely responsible for fullest extent permitted by Laws and Regulations, scheduling and coordinating the Work of Subcontractors, CONTRACTOR shall indemnify and hold harmless Suppliers, and other individuals or entities performing or OWNER, ENGINEER, ENGINEER's Consultants, and the furnishing any of the Work under a.direct or indirect contract officers, directors, partners, employees or agents, and other with CONTRACTOR. consultants of each and any of them from and against all. claims, costs, losses, and damages (including but not limited E. CONTRACTOR shall require all Subcontractors, to all fees and charges of engineers, architects, attorneys, and Suppliers, and such other individuals or entities performing other professionals and all court or arbitration or other or furnishing any of the Work to communicate with ENGI- dispute resolution costs) arising out of or relating to any NEER through CONTRACTOR. infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the F The divisions and sections of the Specifications and incorporation in the Work of any invention, design, process, the identifications of any Drawings shall not control product, or device not specified in the Contract Documents CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any 6 08 Permits specific trade A. Unless otherwise provided in the Supplementary G All Work performed for CONTRACTOR by a Conditions, CONTRACTOR shall obtain and pay for all Subcontractor or Supplier will be pursuant to an appropriate construction permits and licenses OWNER shall assist agreement between CONTRACTOR and the Subcontractor CONTRACTOR, when necessary, in obtaining such permits 00700 - 21 and licenses. CONTRACTOR shall pay all governmental unreasonably encumber the Site and other areas with charges and inspection fees necessary for the prosecution of construction equipment or other materials or equipment. , the Work which are applicable at the time of opening of Bids, CONTRACTOR shall assume full responsibility for any or, if there are no Bids, on the Effective Date of the damage to any such land or area, or to the owner or Agreement. CONTRACTOR shall pay all charges of utility occupant thereof, or of any adjacent land or areas owners for connections to the Work, and OWNER shall pay resulting from the performance of the Work. all charges of such utility owners for capital costs related thereto, such as plant investment fees. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, 6 09 Laws and Regulations CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the•claim by A. CONTRACTOR shall give all notices and comply arbitration or other dispute resolution proceeding or at with all Laws and Regulations applicable to the performance law of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor 3 To the fullest extent permitted by Laws and ENGINEER shall be responsible for monitoring Regulations, CONTRACTOR shall indemnify and hold CONTRACTOR's compliance with any Laws or Regulations. harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, B. If CONTRACTOR performs any Work knowing or employees, agents, and other consultants of each and any having reason to know that it is contrary to Laws or of them from and against all claims, costs, losses, and Regulations, CONTRACTOR shall bear all claims, costs, damages (including but not limited to all fees and charges losses, and damages (including but not limited to all fees and of engineers, architects, attorneys, and other professionals charges of engineers, architects, attorneys, and other and all court or arbitration or other dispute resolution professionals and all court or arbitration or other dispute costs) arising out of or relating to any claim or action, resolution costs) arising out of or relating to such Work; legal or equitable,brought by any such owner or occupant however, it shall not be CONTRACTOR's primary against OWNER, ENGINEER, or any other party responsibility to make certain that the Specifications and indemnified hereunder to the extent caused by or based Drawings are in accordance with Laws and Regulations, but upon CONTRACTOR's performance of the Work. this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3 03 B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep C. Changes in Laws or Regulations not known at the the Site and other areas free from accumulations of waste time of opening of Bids (or, on the Effective Date of the materials, rubbish, and other debris. Removal and disposal Agreement if there were no Bids)having an effect on the cost of such waste materials, rubbish, and other debris shall con- or time of performance of the Work may be the subject of an form to applicable Laws and Regulations. adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or C. Cleaning Prior to Substantial Completion of the on the amount or extent, if any, of any such adjustment, a Work CONTRACTOR shall clean the Site and make it ready Claim may be made therefor as provided in paragraph 10.05 for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, 6.10 Taxes appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all A. CONTRACTOR shall pay all sales, consumer, use, property not designated for alteration by the Contract i and other similar taxes required to be paid by CONTRAC- Documents. TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the D Loading Structures CONTRACTOR shall not load performance of the Work. nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 6 11 Use of Site and Other Areas CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. A. Limitation on Use of Site and Other Areas 6 12 Record Documents 1 CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and A CONTRACTOR shall maintain in a safe place at the the operations of workers to the Site and other areas Site one record copy of all Drawings, Specifications, -- permitted by Laws and Regulations, and shall not Addenda, Written Amendments, Change Orders, Work 00700 - 22 'IT • .l,•1. i Change Directives, Field Orders, and written interpretations responsibilities for safety and for protection of the Work shall / and clarifications in good order and annotated' to show continue until such time as all the Work is completed and changes made during construction. These record documents ENGINEER has issued a notice to OWNER and together with all approved Samples and a counterpart of all CONTRACTOR in accordance with paragraph 14 07.B that approved Shop Drawings will be available to ENGINEER for the Work is acceptable (except as otherwise expressly reference. Upon completion of the Work, these record provided in connection with Substantial Completion) documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.14 Safety Representative 6 13 Safety and Protection A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and A. CONTRACTOR shall be solely responsible for responsibilities shall be the prevention of accidents and the initiating, maintaining and supervising all safety precautions maintaining and supervising of safety precautions and and programs in connection with the Work. CONTRACTOR programs shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, 6 15 Hazard Communication Programs injury or loss to A. CONTRACTOR shall be responsible for coordinating 1 all persons on the Site or who may be affected any exchange of material safety data sheets or other hazard by the Work; communication information required to be made available to or exchanged between or among employers at the Site in 2. all the Work and materials and equipment to be accordance with Laws or Regulations. incorporated therein, whether in storage on or off the Site; and 6 16 Emergencies 3 other property at the Site or adjacent thereto, A. In emergencies affecting the safety or protection of including trees, shrubs, lawns, walks, pavements, persons or the Work or property at the Site or adjacent roadways,structures,utilities, and Underground Facilities thereto, CONTRACTOR is obligated to act to prevent - not designated for removal, relocation, or replacement in threatened damage, injury, or loss. CONTRACTOR shall the course of construction. give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or B. CONTRACTOR shall comply with all applicable variations from the Contract Documents have been caused Laws and Regulations relating to the safety of persons or thereby or are required as a result thereof If ENGINEER property, or to the protection of persons or property from determines that a change in the Contract Documents is damage, injury, or loss, and shall erect and maintain all required because of the action taken by CONTRACTOR in necessary safeguards for such safety and protection. response to such an emergency, a Work Change Directive or CONTRACTOR shall notify owners of adjacent property and Change Order will be issued. of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate 6 17 Shop Drawings and Samples with them in the protection, removal, relocation, and replacement of their property All damage, injury, or loss to A. CONTRACTOR shall submit Shop Drawings to any property referred to in paragraph 6.13 A.2 or 6.13.A.3 ENGINEER for review and approval in accordance with the caused, directly or indirectly, in whole or in part, by CON- acceptable schedule of Shop Drawings and Sample TRACTOR, any Subcontractor, Supplier, or any other submittals. All submittals will be identified as ENGINEER individual or entity directly or indirectly employed by any of may require and in the number of copies specified in the them to perform any of the Work, or anyone for whose acts General Requirements The data shown on the Shop any of them may be liable, shall be remedied by Drawings will be complete with respect to quantities, dimen- CONTRACTOR (except damage or loss attributable to the sions, specified performance and design criteria, materials, fault of Drawings or Specifications or to the acts or and similar data to show ENGINEER the service materials, omissions of OWNER or ENGINEER or ENGINEER's Con- and equipment CONTRACTOR proposes to provide and to sultant, or anyone employed by any of them, or anyone for enable ENGINEER to review the information for the limited whose acts any of them may be liable, and not attributable, purposes required by paragraph 6 17 E. directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, B CONTRACTOR shall also submit Samples, to Supplier, or other individual or entity directly or indirectly ENGINEER for review and approval in accordance with the employed by any of them) CONTRACTOR's duties and acceptable schedule of Shop Drawings and Sample 00700 - 23 submittals. Each Sample will be identified clearly as to Drawing and Sample submitted to ENGINEER for review material, Supplier, pertinent data such as catalog numbers, and approval of each such variation. and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal E. ENGINEER':Review for the limited purposes required by paragraph 6 17 E. The numbers of each Sample to be submitted will be as specified 1 ENGINEER will timely review and approve in the Specifications Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals C Where a Shop Drawing or Sample is required by the acceptable to ENGINEER. ENGINEER's review and Contract Documents or the schedule of Shop Drawings and approval will be only to determine if the items covered by Sample submittals acceptable to ENGINEER as required by the submittals will, after installation or incorporation in paragraph 2.07, any related Work performed prior to the Work, conform to the information given in the ENGINEER's review and approval of the pertinent submittal Contract Documents and be compatible with the design will be at the sole expense and responsibility of concept of the completed Project as a functioning whole CONTRACTOR. as indicated by the Contract Documents. D Submittal Procedures 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or 1 Before submitting each Shop Drawing or Sample, procedures of construction (except where a particular CONTRACTOR shall have determined and verified. means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the a. all field measurements, quantities, dimen- Contract Documents)or to safety precautions or programs sions, specified performance criteria, installation incident thereto. The review and approval of a separate requirements, materials, catalog numbers, and item as such will not indicate approval of the assembly in similar information with respect thereto, which the item functions b. all materials with respect to intended use, 3 ENGINEER's review and approval of Shop fabrication, shipping, handling, storage, assembly, Drawings or Samples shall not relieve CONTRACTOR and installation pertaining to the performance of the from responsibility for any variation from the require- Work; ments of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such c. all information relative to means, methods, variation at the time of each submittal as required by techniques, sequences, and procedures of construc- paragraph 6.17.D.3 and ENGINEER has given written tion and safety precautions and programs incident approval of each such variation by specific written thereto; and notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval d. CONTRACTOR shall also have reviewed by ENGINEER relieve CONTRACTOR from and coordinated each Shop Drawing or Sample with responsibility for complying with the requirements of other Shop Drawings and Samples and with the paragraph 6.17 D 1 requirements of the Work and the Contract Docu- ments. F Resubmittal Procedures 2. Each submittal shall bear a stamp or specific 1 CONTRACTOR shall make corrections required written indication that CONTRACTOR has satisfied by ENGINEER and shall return the required number of CONTRACTOR's obligations under the Contract corrected copies of Shop Drawings and submit as Documents with respect to CONTRACTOR's review and required new Samples for review and approval CON- approval of that submittal TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- 3 At the time of each submittal, CONTRACTOR NEER on previous submittals shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample 6 18 Continuing the Work submitted may have from the requirements of the Contract Documents, such notice to be in a written corn- A. CONTRACTOR shall carry on the Work and adhere 4) munication separate from the submittal, and, in addition, to the progress schedule during all disputes or disagreements J shall cause a specific notation to be made on each Shop with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except 00700 - 24 as permitted by paragraph 15 04 or as OWNER; and and against all claims, costs, losses, and damages (including CONTRACTOR may otherwise agree in writing.' but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 6 19 CONTRACTOR's General Warranty and Guarantee arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any A CONTRACTOR warrants and guarantees to such claim, cost, loss, or damage. OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents 1 is attributable to bodily injury, sickness, disease, and will not be defective CONTRACTOR's warranty and or death, or to injury to or destruction of tangible guarantee hereunder excludes defects or damage caused by property(other than the Work itself), including the loss of use resulting therefrom, and 1 abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- 2. is caused in whole or in part by any negligent act contractors, Suppliers, or any other individual or entity or omission of CONTRACTOR, any Subcontractor, any for whom CONTRACTOR is responsible; or Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or 2 normal wear and tear under normal usage. anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any B CONTRACTOR's obligation to perform and negligence or omission of an individual or entity indem- complete the Work' in accordance with the Contract riffled hereunder or whether liability is imposed upon such Documents shall be.absolute. None of the following will indemnified party by Laws and Regulations regardless of constitute an acceptance of Work that is not in accordance the negligence of any such individual or entity with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in B In any and all claims against OWNER or ENGINEER accordance with the Contract Documents: or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the 1 observations by ENGINEER, survivor or personal representative of such employee) of (tip_ CONTRACTOR, any Subcontractor, any Supplier, or any 2. recommendation by ENGINEER or payment by individual or entity directly or indirectly employed by any of OWNER of any progress or final payment; them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation 3 the issuance of a certificate of Substantial under paragraph 6.20.A shall not be limited in any way by Completion by ENGINEER or any payment related any limitation on the amount or type of damages, thereto by OWNER, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or 4 use or occupancy of the Work or any part thereof entity under workers' compensation acts, disability benefit by OWNER, acts, or other employee benefit acts 5 any acceptance by OWNER or any failure to do C The indemnification obligations of CONTRACTOR so, under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the 6 any review and approval of a Shop Drawing or officers, directors, partners, employees, agents, and other Sample submittal or the issuance of a notice of acceptabil- consultants and subcontractors of each and any of them ity by ENGINEER, arising out of• 7 any inspection, test, or approval by others, or 1 the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, 8 any correction of defective Work by OWNER surveys, Change Orders, designs, or Specifications, or 6 20 Indemnification 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or A. To the fullest extent permitted by Laws and Regula- damage Ctions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from 00700 - 25 ARTICLE 7 - OTHER WORK 7 02 Coordination A. If OWNER intends to contract with others for the 1' 7 01 Related Work at Site performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions. A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other 1 the individual or entity who will have authority direct contracts therefor, or have other work performed by and responsibility for coordination of the activities among utility owners If such other work is not noted in the Con- the various contractors will be identified, tract Documents, then. 2. the specific matters to be covered by such 1 written notice thereof will be given to CON- authority and responsibility will be itemized, and TRACTOR prior to starting any such other work; and 3 the extent of such authority and responsibilities 2. if OWNER and CONTRACTOR are unable to will be provided. agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times B Unless otherwise provided in the Supplementary that should be allowed as a result of such other work, a Conditions, OWNER shall have sole authority and respon- Claim may be made therefor as provided in paragraph sibility for such coordination. 10 05 B. CONTRACTOR shall afford each other contractor ARTICLE 8 - OWNER'S RESPONSIBILITIES who is a parry to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees)proper and safe access to the Site and 8 01 Communications to Contractor a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other A. Except as otherwise provided in these General Condi- work and shall properly coordinate the Work with theirs. tions, OWNER shall issue all communications toy• Unless otherwise provided in the Contract Documents, CON- CONTRACTOR through ENGINEER. TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise 8.02 Replacement of ENGINEER make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger A. In case of termination of the employment of ENGI- any work of others by cutting, excavating, or otherwise NEER, OWNER shall appoint an engineer to whom altering their work and will only cut or alter their work with CONTRACTOR makes no reasonable objection,whose status the written consent of ENGINEER and the others whose under the Contract Documents shall be that of the former work will be affected. The duties and responsibilities of ENGINEER. CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that 8 03 Furnish Data there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER A. OWNER shall promptly furnish the data required of and such utility owners and other contractors OWNER under the Contract Documents. C If the proper execution or results of any part of 8 04 Pay Promptly When Due CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect A. OWNER shall make payments to CONTRACTOR such other work and promptly report to ENGINEER in promptly when they are due as provided in paragraphs writing any delays, defects, or deficiencies in such other 14 02.0 and 14 07 C work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. 8 05 Lands and Easements, Reports and Tests CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for A OWNER's duties in respect of providing lands and integration with CONTRACTOR's Work except for latent easements and providing engineering surveys to establish defects and deficiencies in such other work. reference points are set forth in paragraphs 4 01 and 4 05 Paragraph 4 02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations 00700 - 26 and tests of subsurface conditions and drawings of physical ' ARTICLE 9 - ENGINEER'S STATUS DURING conditions in or relating to existing surface or subsurface CONSTRUCTION structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 9 01 OWNER'S Representative 8.06 Insurance A. ENGINEER will be OWNER's representative during A. OWNER's responsibilities, if any, in respect to pur- the construction period. The duties and responsibilities and chasing and maintaining liability and property insurance are the limitations of authority of ENGINEER as OWNER's set forth in Article 5 representative during construction are set forth in the Contract Documents and will not be changed without written 8.07 Change Orders consent of OWNER and ENGINEER. A. OWNER is obligated to execute Change Orders as 9 02 Visits to Site indicated in paragraph 10 03 s;. A. ENGINEER will make visits to the Site at intervals 8.08 Inspections, Tests, and Approvals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an A. OWNER's responsibility in respect to certain inspec- experienced and qualified design professional the progress tions, tests, and approvals is set forth in paragraph 13 03 B that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information .8.09 Limitations on OWNER's Responsibilities obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the A. The OWNER shall not supervise, direct, or have Work is proceeding in accordance with the Contract control or authority over, nor be responsible for, Documents. ENGINEER will not be required to make CONTRACTOR's means, methods, techniques, sequences, exhaustive or continuous inspections on the Site to check the Or procedures of construction, or the safety precautions and quality or quantity of the Work. ENGINEER's efforts will C--- ,programs incident thereto, or for any failure of CON- be directed toward providing for OWNER a greater degree TRACTOR to comply with Laws and Regulations applicable of confidence that the completed Work will conform to the performance of the Work. OWNER will not be generally to the Contract Documents. On the basis of such responsible for CONTRACTOR's failure to perform the visits and observations, ENGINEER will keep OWNER Work in accordance with the Contract Documents informed of the progress of the Work and will endeavor to guard OWNER against defective Work. 8 10 Undisclosed Hazardous Environmental Condition B ENGINEER's visits and observations are subject to A. OWNER's responsibility in respect to an undisclosed all the limitations on ENGINEER's authority and Hazardous Environmental Condition is set forth in paragraph responsibility set forth in paragraph 9 10, and particularly, 4.06. but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work 8 11 Evidence of Financial Arrangements ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's A. If and to the extent OWNER has agreed to furnish means, methods, techniques, sequences, or procedures of CONTRACTOR reasonable evidence that financial construction, or the safety precautions and programs incident arrangements have been made to satisfy OWNER's thereto,or for any failure of CONTRACTOR to comply with obligations under the Contract Documents, OWNER's Laws and Regulations applicable to the performance of the responsibility in respect thereof will be as set forth in the Work. Supplementary Conditions. 9 03 Project Representative A If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9 10 and in the Supplementary Conditions. If OWNER designates another 00700 - 27 representative or agent to represent OWNER at the Site who B In connection with ENGINEER's authority as to is not ENGINEER's Consultant, agent or employee, the Change Orders, see Articles 10, 11, and 12. responsibilities and authority and limitations thereon of such 1 other individual or entity will be as provided in the Supple- C. In connection with ENGINEER's authority as to mentary Conditions. Applications for Payment, see Article 14 9 04 Clarifications and Interpretations 9 08 Determinations for Unit Price Work A. ENGINEER will issue with reasonable promptness A. ENGINEER will determine the actual quantities and such written clarifications or interpretations of the require- classifications of Unit Price Work performed by ments of the Contract Documents as ENGINEER may deter- CONTRACTOR. ENGINEER will review with CON- mine necessary, which shall be consistent with the intent of TRACTOR the ENGINEER's preliminary determinations on and reasonably inferable from the Contract Documents. Such such matters before rendering a written decision thereon (by written clarifications and interpretations will be binding on recommendation of an Application for Payment or OWNER and CONTRACTOR. If OWNER and CON- otherwise) ENGINEER's written decision thereon will be TRACTOR are unable to agree on entitlement to or on the final and binding (except as modified by ENGINEER to amount or extent, if any, of any adjustment in the Contract reflect changed factual conditions or more accurate data) Price or Contract Times, or both, that should be allowed as upon OWNER and CONTRACTOR, subject to the a result of a written clarification or interpretation, a Claim provisions of paragraph 10 05 may be made therefor as provided in paragraph 10 05 9 09 Decisions on Requirements of Contract Documents 9 05 Authorized Variations in Work and Acceptability of Work A. ENGINEER may authorize minor variations in the A. ENGINEER will be the initial interpreter of the Work from the requirements of the Contract Documents requirements of the Contract Documents and judge of the which do not involve an adjustment in the Contract Price or acceptability of the Work thereunder Claims, disputes and the Contract Times and are compatible with the design other matters relating to the acceptability of the Work, the concept of the completed Project as a functioning whole as quantities and classifications of Unit Price Work, theAE) indicated bythe Contract Documents. These maybe interpretation of the requirements rp of the Contract Documents accomplished by a Field Order and will be binding on pertaining to the performance of the Work, and Claims OWNER and also on CONTRACTOR, who shall perform seeking changes in the Contract Price or Contract Times will the Work involved promptly If OWNER and CONTRAC- be referred initially to ENGINEER in writing, in accordance TOR are unable to agree on entitlement to or on the amount with the provisions of paragraph 10 05, with a request for a or extent, if any, of any adjustment in the Contract Price or formal decision. Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05 B. When functioning as interpreter and judge under this paragraph 9 09, ENGINEER will not show partiality to 9 06 Rejecting Defective Work OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in A. ENGINEER will have authority to disapprove or good faith in such capacity The rendering of a decision by reject Work which ENGINEER believes to be defective, or ENGINEER pursuant to this paragraph 9 09 with respect to that ENGINEER believes will not produce a completed any such Claim, dispute, or other matter (except any which Project that conforms to the Contract Documents or that will have been waived by the making or acceptance of final prejudice the integrity of the design concept of the completed payment as provided in paragraph 14 07)will be a condition Project as a functioning whole as indicated by the Contract precedent to any exercise by OWNER or CONTRACTOR of Documents. ENGINEER will also have authority to require such rights or remedies as either may otherwise have under special inspection or testing of the Work as provided in the Contract Documents or by Laws or Regulations in respect paragraph 13 04, whether or not the Work is fabricated, of any such Claim, dispute, or other matter installed, or completed. 9 10 Limitations on ENGINEER's Authority and Respon- 9 07 Shop Drawings, Change Orders and Payments sibilities A. In connection with ENGINEER's authority as to Shop A. Neither ENGINEER's authority or responsibility Drawings and Samples, see paragraph 6 17 under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER .} in good faith either to exercise or not exercise such authority 00700- 28 or responsibility or the undertaking, exercise, or performance Directive, a Claim may be made therefor as provided in of any authority or responsibility by ENGINEER sha11'create, paragraph 10 05 impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any 10 02 Unauthorized Changes in the Work Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times B ENGINEER will not supervise, direct, control, or with respect to any work performed that is not required by have authority over or be responsible for CONTRACTOR's the Contract Documents as amended, modified, or means, methods, techniques, sequences, or procedures of supplemented as provided in paragraph 3 04, except in the construction, or the safety precautions and programs incident case of an emergency as provided in paragraph 6.16 or in the thereto, or for any failure of CONTRACTOR to comply with case of uncovering Work as provided in paragraph 13 04.B Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for 10 03 Execution of Change Orders CONTRACTOR's failure to perform the Work in accordance with the Contract Documents A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER(or C ENGINEER will not be responsible for the acts or Written Amendments) covering: omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any 1 changes in the Work which are: (i) ordered by of the Work. OWNER pursuant to paragraph 10 01.A, (ii) required because of acceptance of defective Work under para- D ENGINEER's review of the final Application for graph 13 08.A or OWNER's correction of defective Payment and accompanying documentation and all mainte- Work under paragraph 1.3 09, or (iii) agreed to by the nance and operating instructions, schedules, guarantees, parties, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 2. changes in the Contract Price or Contract Times 14.07.A will only be to determine generally that their content which are agreed to by the parties, including any .complies with the requirements of, and in the case of undisputed sum or amount of time for Work actually .certificates of inspections, tests, and approvals that the results performed in accordance with a Work Change Directive; ,.certified indicate compliance with, the Contract Documents. and E. The limitations upon authority and responsibility set 3 changes in the Contract Price or Contract Times forth in this paragraph 9 10 shall also apply to ENGINEER's which embody the substance of any written decision Consultants, Resident Project Representative, and assistants rendered by ENGINEER pursuant to paragraph 10 05, provided that, in lieu of executing any such Change ARTICLE 10 - CHANGES IN THE WORK, CLAIMS 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 10 01 Authorized Changes in the Work during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as A. Without invalidating the Agreement and without provided in paragraph 6.18.A notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work 10 04 Notification to Surety by a Written Amendment, a Change Order, or a Work Change Directive Upon receipt of any such document, A. If notice of any change affecting the general scope CONTRACTOR shall promptly proceed with the Work of the Work or the provisions of the Contract Documents involved which will be performed under the applicable (including, but not limited to, Contract Price or Contract conditions of the Contract Documents (except as otherwise Times) is required by the provisions of any Bond to be given specifically provided) to a surety, the giving of any such notice will be , CONTRACTOR's responsibility The amount of each B If OWNER and CONTRACTOR are unable to agree applicable Bond will be adjusted to reflect the effect of any on entitlement to, or on the amount or extent, if any, of an such change adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change 00700 - 29 10 05 Claims and Disputes D No Claim for an adjustment in Contract Price or Contract Times(or Milestones) will be valid if not submitted A. Notice. Written notice stating the general nature of in accordance with this paragraph 10 05 each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly(but in no event later than 30 days)after the start of ARTICLE II - COST OF THE WORK, CASH the event giving rise thereto. Notice of the amount or extent ALLOWANCES, UNIT PRICE WORK of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event 11 01 Cost of the Work (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such A Costs Included. The term Cost of the Work means Claim, dispute, or other matter). A Claim for an adjustment the sum of all costs necessarily incurred and paid by CON- in Contract Price shall be prepared in accordance with the TRACTOR in the proper performance of the Work. When provisions of paragraph 12.01.B A Claim for an adjustment the value of any Work covered by a Change Order or when in Contract Time shall be prepared in accordance with the a Claim for an adjustment in Contract Price is determined on provisions of paragraph 12.02.B. Each Claim shall be the basis of Cost of the Work, the costs to be reimbursed to accompanied by claimant's written statement that the adjust- CONTRACTOR will be only those additional or incremental ment claimed is the entire adjustment to which the claimant costs required because of the change in the Work or because believes it is entitled as a result of said event. The opposing of the event giving rise to the Claim. Except as otherwise party shall submit any response to ENGINEER and the may be agreed to in writing by OWNER, such costs shall be claimant within 30 days after receipt of the claimant's last in amounts no higher than those prevailing in the locality of submittal (unless ENGINEER allows additional time) the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11 01.B B. ENGINEER's Decision. ENGINEER will render a formal decision in writing within 30 days after receipt of 1 Payroll costs for employees in the direct employ the last submittal of the claimant or the last submittal of the of CONTRACTOR in the performance of the Work -. opposing party, if any ENGINEER's written decision on under schedules of job classifications agreed upon by i, such Claim, dispute, or other matter will be final and binding OWNER and CONTRACTOR. Such employees shall upon OWNER and CONTRACTOR unless: include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll 1 an appeal from ENGINEER's decision is taken costs for employees not employed full time on the Work within the time limits and in accordance with the dispute shall be apportioned on the basis of their time spent on resolution procedures set forth in Article 16, or the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, 2. if no such dispute resolution procedures have which shall include social security contributions, unem- been set forth in Article 16, a written notice of intention ployment, excise, and payroll taxes, workers' to appeal from ENGINEER's written decision is compensation, health and retirement benefits, bonuses, delivered by OWNER or CONTRACTOR to the other sick leave, vacation and holiday pay applicable thereto. and to ENGINEER within 30 days after the date of such The expenses of performing Work outside of regular decision, and a formal proceeding is instituted by the working hours, on Saturday, Sunday, or legal holidays, appealing party in a forum of competent jurisdiction shall be included in the above to the extent authorized by within 60 days after the date of such decision or within OWNER. 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and 2. Cost of all materials and equipment furnished CONTRACTOR), to exercise such rights or remedies as and incorporated in the Work, including costs of the appealing party may have with respect to such transportation and storage thereof, and Suppliers' field Claim, dispute, or other matter in accordance with services required in connection therewith. All cash applicable Laws and Regulations. discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with C If ENGINEER does not render a formal decision in which to make payments, in which case the cash writing within the time stated in paragraph 10 05.B, a discounts shall accrue to OWNER. All trade discounts, decision denying the Claim in its entirety shall be deemed to rebates and refunds and returns from sale of surplus have been issued 31 days after receipt of the last submittal of materials and equipment shall accrue to OWNER, and f/ the claimant or the last submittal of the opposing party, if CONTRACTOR shall make provisions so that they may any be obtained. 00700 - 30 3 Payments made by CONTRACTOR.h,to And royalty payments and fees for permits and Subcontractors for Work performed by Subcontractors licenses. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to f Losses and damages (and related expenses) OWNER and CONTRACTOR and shall deliver such caused by damage to the Work, not compensated by bids to OWNER, who will then determine, with the insurance or otherwise, sustained by advice of ENGINEER, which bids, if any, will be CONTRACTOR in connection with the perfor- acceptable. If any subcontract provides that the mance of the Work (except losses and damages Subcontractor is to be paid on the basis of Cost of the within the deductible amounts of property insurance Work plus a fee, the Subcontractor's Cost of the Work established in accordance with paragraph 5 06.D), and fee shall be determined in the same manner as provided such losses and damages have resulted CONTRACTOR's Cost of the Work and fee as provided from causes other than the negligence of in this paragraph 11 01 CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or 4 Costs of special consultants (including but not for whose acts any of them may be liable. Such limited to engineers, architects, testing laboratories, losses shall include settlements made with the surveyors, attorneys, and accountants) employed for written consent and approval of OWNER. No such services specifically related to the Work. losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining 5 Supplemental costs including the following: CONTRACTOR's fee. a. Theproportion of necessary transportation, g. The cost of utilities, fuel, and sanitary travel, and subsistence expenses of facilities at the Site. CONTRACTOR's employees incurred in discharge of duties connected with the Work. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the b. Cost, including transportation and mainte- Site, expressage, and similar petty cash items in nance, of all materials, supplies, equipment, connection with the Work. machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the i. When the Cost of the Work is used to workers, which are consumed in the performance of determine the value of a Change Order or of a the Work, and cost, less market value,of such items Claim, the cost of premiums for additional Bonds used but not consumed which remain the property of and insurance required because of the changes in the CONTRACTOR. Work or caused by the event giving rise to the Claim. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented j When all the Work is performed on the from CONTRACTOR or others in accordance with basis of cost-plus, the costs of premiums for all rental agreements approved by OWNER with the Bonds and insurance CONTRACTOR is required by advice of ENGINEER, and the costs of the Contract Documents to purchase and maintain. transportation, loading, unloading, assembly, dismantling, and removal thereof All such costs B Costs Excluded. The term Cost of the Work shall shall be in accordance with the terms of said rental not include any of the following items. agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is 1 Payroll costs and other compensation of no longer necessary for the Work. CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- d. Sales, consumer, use, and other similar ers, engineers, architects, estimators, attorneys, audi- taxes related to the Work, and for which CON- tors, accountants, purchasing and contracting agents, TRACTOR is liable, imposed by Laws and Regu- expediters, timekeepers, clerks, and other personnel lations employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general e Deposits lost for causes other than negli- administration of the Work and not specifically included gence of CONTRACTOR, any Subcontractor, or in the agreed upon schedule of job classifications anyone directly or indirectly employed by any of referred to in paragraph 11.01.A.1 or specifically them or for whose acts any of them may be liable, covered by paragraph 11 01.A.4, all of which are to be 00700 - 31 considered administrative costs covered by the ances have been included in the Contract Price and not CONTRACTOR's fee. in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the B Prior to final payment, an appropriate Change Order Site. will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work 3 Any part of CONTRACTOR's capital expenses, covered by allowances, and the Contract Price shall be including interest on CONTRACTOR's capital employed correspondingly adjusted for the Work and charges against CONTRACTOR for delinquent payments. 11 03 Unit Price Work 4 Costs due to the negligence of CONTRACTOR, A. Where the Contract Documents provide that all or any Subcontractor, or anyone directly or indirectly part of the Work is to be Unit Price Work, initially the employed by any of them or for whose acts any of them Contract Price will be deemed to include for all Unit Price may be liable, including but not limited to, the Work an amount equal to the sum of the unit price for each correction of defective Work, disposal of materials or separately identified item of Unit Price Work times the equipment wrongly supplied, and making good any estimated quantity of each item as indicated in the Agree- damage to property ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of 5 Other overhead or general expense costs of any comparison of Bids and determining an initial Contract Price. kind and the costs of any item not specifically and Determinations of the actual quantities and classifications of expressly included in paragraphs 11 01.A and 11 01.B Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph C. CONTRACTOR's Fee. When all the Work is 9 08. performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the B. Each unit price will be deemed to include an amount value of any Work covered by a Change Order or when a considered by CONTRACTOR to be adequate to cover Claim for an adjustment in Contract Price is determined on CONTRACTOR's overhead and profit for each separately the basis of Cost of the Work, CONTRACTOR's fee shall be identified item. determined as set forth in paragraph 12.01 C. C. OWNER or CONTRACTOR may make a Claim for D Documentation. Whenever the Cost of the Work for an adjustment in the Contract Price in accordance with any purpose is to be determined pursuant to paragraphs paragraph 10 05 if 11 01.A and 11 01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally 1 the quantity of any item of Unit Price Work accepted accounting practices and submit in a form performed by CONTRACTOR differs materially and acceptable to ENGINEER an itemized cost breakdown significantly from the estimated quantity of such item together with supporting data. indicated in the Agreement; and 11 02 Cash Allowances 2. there is no corresponding adjustment with respect any other item of Work; and A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract 3 if CONTRACTOR believes that Documents and shall cause the Work so covered to be CONTRACTOR is entitled to an increase in Contract performed for such sums as may be acceptable to OWNER Price as a result of having incurred additional expense or and ENGINEER. CONTRACTOR agrees that: OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as 1 the allowances include the cost to CONTRAC- to the amount of any such increase or decrease TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and ) handling on the Site, labor, installation costs, overhead, - profit, and other expenses contemplated for the allow- 00700- 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE, fixed fee is agreed upon, the intent of paragraph CHANGE OF CONTRACT TIMES 12.01 C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such 12.01 Change of Contract Price Subcontractor under paragraphs 11 01.A.1 and 11.01.A.2 and that any higher tier Subcontractor A. The Contract Price may only be changed by a and CONTRACTOR will each be paid a fee of five Change Order or by a Written Amendment. Any Claim for percent of the amount paid to the next lower tier an adjustment in the Contract Price shall be based on written Subcontractor; notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accor- d. no fee shall be payable on the basis of costs dance with the provisions of paragraph 10 05 itemized under paragraphs 11 01.A.4, 11 01.A.5, and 11 01.B, B The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will e. the amount of credit to be allowed by be determined as follows. CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount 1 where the Work involved is covered by unit of the actual net decrease in cost plus a deduction in prices contained in the Contract Documents, by applica- CONTRACTOR's fee by an amount equal to five tion of such unit prices to the quantities of the items percent of such net decrease; and involved(subject to the provisions of paragraph 11 03 ), or f when both additions and credits are in- volved in any one change, the adjustment in 2. where the Work involved is not covered by unit CONTRACTOR's fee shall be computed on the prices contained in the Contract Documents, by a basis of the net change in accordance with para- mutually agreed lump sum (which may include an graphs 12.01 C.2.a through 12.01 C.2.e, inclu- allowance for overhead and profit not necessarily in sive. accordance with paragraph 12.01 C.2), or 12.02 Change of Contract Times 3 where the Work involved is not covered by unit prices contained in the Contract Documents and agree- A. The Contract Times (or Milestones) may only be ment to a lump sum is not reached under paragraph changed by a Change Order or by a Written Amendment. 12.01.B.2, on the basis of the Cost of the Work Any Claim for an adjustment in the Contract Times (or (determined as provided in paragraph 11 01) plus a Milestones)shall be based on written notice submitted by the CONTRACTOR's fee for overhead and profit (deter- party making the claim to the ENGINEER and the other mined as provided in paragraph 12.01 C) party to the Contract in accordance with the provisions of paragraph 10 05 C. CONTRACTOR's Fee. The CONTRACTOR's fee for overhead and profit shall be determined as follows B Any adjustment of the Contract Times (or Milestones)covered by a Change Order or of any Claim for 1 a mutually acceptable fixed fee, or an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this 2. if a fixed fee is not agreed upon, then a fee Article 12. based on the following percentages of the various portions of the Cost of the Work: 12 03 Delays Beyond CONTRACTOR's Control a. for costs incurred under paragraphs A. Where CONTRACTOR is prevented from 11 01.A.1 and 11 01 A.2, the CONTRACTOR's completing any part of the Work within the Contract Times fee shall be 15 percent, (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be b for costs incurred under paragraph extended in an amount equal to the time lost due to such 11 01.A.3, the CONTRACTOR's fee shall be five delay if a Claim is made therefor as provided in paragraph percent; 12 02.A Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by c where one or more tiers of subcontracts are OWNER, acts or neglect of utility owners or other on the basis of Cost of the Work plus a fee and no contractors performing other work as contemplated by 00700 - 33 Article 7, fires, floods, epidemics, abnormal weather to CONTRACTOR. All defective Work may be rejected, conditions, or acts of God. corrected, or accepted as provided in this Article 13 12.04 Delays Within CONTRACTOR's Control 13 02 Access to Work A. The Contract Times (or Milestones) will not be A OWNER, ENGINEER, ENGINEER's-Consultants, extended due to delays within the control of other representatives and personnel of OWNER, independent CONTRACTOR. Delays attributable to and within the testing laboratories, and governmental agencies with control of a Subcontractor or Supplier shall be deemed to be jurisdictional interests will have access to the Site and the delays within the control of CONTRACTOR. Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and 12.05 Delays Beyond OWNER's and CONTRACTOR's safe conditions for such access and advise them of Control CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or 13 03 Tests and Inspections Milestones)due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times(or A CONTRACTOR shall give ENGINEER timely Milestones) in an amount equal to the time lost due to such notice of readiness of the Work for all required inspections, delay shall be CONTRACTOR's sole and exclusive remedy tests, or approvals and shall cooperate with inspection and for such delay testing personnel to facilitate required inspections or tests. 12.06 Delay Damages B OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, A. In no event shall OWNER or ENGINEER be liable tests, or approvals required by the Contract Documents to CONTRACTOR, any Subcontractor, any Supplier, or any except: other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of 1 for inspections, tests, or approvals covered by - or resulting from. paragraphs 13 03 C and 13 03.D below; 1 delays caused by or within the control of CON- 2. that costs incurred in connection with tests or TRACTOR, or inspections conducted pursuant to paragraph 13 04.B shall be paid as provided in said paragraph 13.04.B, and 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, 3 as otherwise specifically provided in the Con- floods, epidemics, abnormal weather conditions, acts of tract Documents. God, or acts or neglect by utility owners or other contractors performing other work as contemplated by C If Laws or Regulations of any public body having Article 7 jurisdiction require any Work(or part thereof)specifically to be inspected, tested, or approved by an employee or other B. Nothing in this paragraph 12.06 bars a change in representative of such public body, CONTRACTOR shall Contract Price pursuant to this Article 12 to compensate assume full responsibility for arranging and obtaining such CONTRACTOR due to delay, interference, or disruption inspections, tests, or approvals, pay all costs in connection directly attributable to actions or inactions of OWNER or therewith, and furnish ENGINEER the required certificates anyone for whom OWNER is responsible. of inspection or approval D CONTRACTOR shall be responsible for arranging ARTICLE 13 - TESTS AND INSPECTIONS, and obtaining and shall pay all costs in connection with any CORRECTION, REMOVAL OR ACCEPTANCE OF inspections, tests, or approvals required for OWNER's and DEFECTIVE WORK ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to 13 01 Notice of Defects CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be A. Prompt notice of all defective Work of which performed by organizations acceptable to OWNER and OWNER or ENGINEER has actual Imowledge will be given ENGINEER. 00700 - 34 E. If any Work (or the work of others) that is t9,be the Work shall not give rise to any duty on the part of inspected, tested, or approved is covered by CONTRACTOR OWNER to exercise this right for the benefit of without written concurrence of ENGINEER, it must, if CONTRACTOR, any Subcontractor, any Supplier, any other requested by ENGINEER, be uncovered for observation. individual or entity, or any surety for, or employee or agent of any of them. F Uncovering Work as provided in paragraph 13 03 E shall be at CONTRACTOR's expense unless CON- 13 06 Correction or Removal of Defective Work TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- A. CONTRACTOR shall correct all defective Work, NEER has not acted with reasonable promptness in response whether or not fabricated, installed, or completed, or, if the to such notice Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. 13 04 Uncovering Work CONTRACTOR shall pay all Claims, costs, losses, and damages(including but not limited to all fees and charges of A. If any Work is covered contrary to the written engineers, architects, attorneys, and other professionals and request of ENGINEER, it must, if requested by ENGINEER, all court or arbitration or other dispute resolution costs) be uncovered for ENGINEER's observation and replaced at arising out of or relating to such correction or removal CONTRACTOR's expense (including but not limited to all costs of repair or replacement of work of others) B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected 13 07 Correction Period or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available A. If within one year after the date of Substantial for observation, inspection, or testing as ENGINEER may Completion or such longer period of time as may be require, that portion of the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any necessary labor, material, and equipment. If it is found that applicable special guarantee required by the Contract such Work is defective, CONTRACTOR shall pay all Documents or by any specific provision of the Contract Claims, costs, losses, and damages (including but not limited Documents, any Work is found to be defective, or if the to all fees and charges of engineers, architects, attorneys, and repair of any damages to the land or areas made available for other professionals and all court or arbitration or other CONTRACTOR's use by OWNER or permitted by Laws and dispute resolution costs) arising out of or relating to such Regulations as contemplated in paragraph 6.11.A is found to uncovering, exposure, observation, inspection, and testing, be defective, CONTRACTOR shall promptly, without cost and of satisfactory replacement or reconstruction(including to OWNER and in accordance with OWNER's written but not limited to all costs of repair or replacement of work instructions. (i) repair such defective land or areas, or (ii) of others), and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work has decrease in the Contract Price. If the parties are unable to been rejected by OWNER, remove it from the Project and agree as to the amount thereof, OWNER may make a Claim replace it with Work that is not defective, and (iii) satisfac- therefor as provided in paragraph 10.05 If, however, such torily correct or repair or remove and replace any damage to Work is not found to be defective, CONTRACTOR shall be other Work, to the work of others or other land or areas allowed an increase in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly the Contract Times(or Milestones), or both, directly attribut- comply with the terms of such instructions, or in an able to such uncovering, exposure, observation, inspection, emergency where delay would cause serious risk of loss or testing, replacement, and reconstruction. If the parties are damage, OWNER may have the defective Work corrected or unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and CONTRACTOR may make a Claim therefor as provided in replaced, and all Claims, costs, losses, and damages paragraph 10 05 (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and 13 05 OWNER May Stop the Work all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such A If the Work is defective, or CONTRACTOR fails to removal and replacement (including but not limited to all supply sufficient skilled workers or suitable materials or costs of repair or replacement of work of others) will be paid equipment, or fails to perform the Work in such a way that by CONTRACTOR. "' the completed Work will conform to the Contract sv Documents, OWNER may order CONTRACTOR to stop the B In special circumstances where a particular item of Work, or any portion thereof, until the cause for such order equipment is placed in continuous service before Substantial has been eliminated, however, this right of OWNER to stop Completion of all the Work, the correction period for that 00700 - 35 item may start to run from an earlier date if so provided in connection with such corrective and remedial action, the Specifications or by Written Amendment. OWNER may exclude CONTRACTOR from all or part of ^' the Site, take possession of all or part of the Work and C Where defective Work(and damage to other Work suspend CONTRACTOR's services related thereto, take resulting therefrom) has been corrected or removed and possession of CONTRACTOR's tools, appliances, con- replaced under this paragraph 13 07, the correction period struction equipment and machinery at the Site, and incorpo- hereunder with respect to such Work will be extended for an rate in the Work all materials and equipment stored at the additional period of one year after such correction or removal Site or for which OWNER has paid CONTRACTOR but and replacement has been satisfactorily completed. which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, D CONTRACTOR's obligations under this paragraph OWNER's other contractors, and ENGINEER and 13 07 are in addition to any other obligation or warranty ENGINEER's Consultants access to the Site to enable The provisions of this paragraph 13 07 shall not be construed OWNER to exercise the rights and remedies under this as a substitute for or a waiver of the provisions of any paragraph. applicable statute of limitation or repose C All Claims, costs, losses, and damages (including 13 08 Acceptance of Defective Work but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred or replacement of defective Work, OWNER (and, prior to sustained by OWNER in exercising the rights and remedies ENGINEER's recommendation of fmal payment, under this paragraph 13 09 will be charged against CON- ENGINEER) prefers to accept it, OWNER may do so. TRACTOR, and a Change Order will be issued incorporating CONTRACTOR shall pay all Claims, costs, losses, and the necessary revisions in the Contract Documents with damages(including but not limited to all fees and charges of respect to the Work; and OWNER shall be entitled to an engineers, architects, attorneys, and other professionals and appropriate decrease in the Contract Price. If the parties are all court or arbitration or other dispute resolution costs) unable to agree as to the amount of the adjustment, OWNER attributable to OWNER's evaluation of and determination to may make a Claim therefor as provided in paragraph 10 05 accept such defective Work (such costs to be approved by Such claims, costs, losses and damages will include but not , ENGINEER as-to reasonableness)and the diminished value be limited to all costs of repair, or replacement of work of of the Work to the extent not otherwise paid by others destroyed or damaged by correction, removal, or CONTRACTOR pursuant to this sentence. If any such replacement of CONTRACTOR's defective Work. acceptance occurs prior to ENGINEER's recommendation of fmal payment, a Change Order will be issued incorporating D CONTRACTOR shall not be allowed an extension the necessary revisions in the Contract Documents with of the Contract Times (or Milestones)because of any delay respect to the Work, and OWNER shall be entitled to an in the performance of the Work attributable to the exercise by appropriate decrease in the Contract Price, reflecting the OWNER of OWNER's rights and remedies under this diminished value of Work so accepted. If the parties are paragraph 13 09 unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10 05 If the acceptance occurs after such recommendation, an appropriate ARTICLE 14 - PAYMENTS TO CONTRACTOR AND amount will be paid by CONTRACTOR to OWNER. COMPLETION 13 09 OWNER May Correct Defective Work 14 01 Schedule of Values A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective A. The schedule of values established as provided in Work or to remove and replace rejected Work as required by paragraph 2.07.A will serve as the basis for progress ENGINEER in accordance with paragraph 13 06.A, or if payments and will be incorporated into a form of Application CONTRACTOR fails to perform the Work in accordance for Payment acceptable to ENGINEER. Progress payments with the Contract Documents, or if CONTRACTOR fails to on account of Unit Price Work will be based on the number comply with any other provision of the Contract Documents, of units completed. OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency 4j B In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously In 00700 - 36 t i 14 02 Progress Payments a. the Work has progressed to the point indicated, A. Applications for Payments b the quality of the Work is generally in 1 At least 20 days before the date established for accordance with the Contract Documents (subject to each progress payment (but not more often than once a an evaluation of the Work as a functioning whole month), CONTRACTOR shall submit to ENGINEER prior to or upon Substantial Completion, to the for review an Application for Payment filled out and results of any subsequent tests called for in the signed by CONTRACTOR covering the Work Contract Documents, to a final determination of completed as of the date of the Application and quantities and classifications for Unit Price Work accompanied by such supporting documentation as is under paragraph 9 08, and to any other required by the Contract Documents. If payment is qualifications stated in the recommendation), and requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably c the conditions precedent to stored at the Site or at another location agreed to in CONTRACTOR's being entitled to such payment writing, the Application for Payment shall also be appear to have been fulfilled in so far as it is accompanied by; a bill of sale, invoice, or other docu- ENGINEER's responsibility to observe the Work. mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and 3 By recommending any such payment ENGI- evidence that the materials and equipment are covered NEER will not thereby be deemed to have represented by appropriate property insurance or other arrangements that. (i) inspections made to check the quality or the to protect OWNER's interest therein, all of which must quantity of the Work as it has been performed have been be satisfactory to OWNER. exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work 2 Beginning with the second Application for beyond the responsibilities specifically assigned to Payment, each Application shall include an affidavit of ENGINEER in the Contract Documents, or (ii) that CONTRACTOR stating that all previous progress there may not be other matters or issues between the payments received on account of the Work have been parties that might entitle CONTRACTOR to be paid applied on account to discharge CONTRACTOR's additionally by OWNER or entitle OWNER to withhold legitimate obligations associated with prior Applications payment to CONTRACTOR. for Payment. 4 Neither ENGINEER's review of 3 The amount of retainage with respect to pro- CONTRACTOR's Work for the purposes of recom- gress payments will be as stipulated in the Agreement. mending payments nor ENGINEER's recommendation of any payment, including final payment, will impose B Review of Applications responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, 1 ENGINEER will,within 10 days after receipt of sequences, or procedures of construction, or the safety each Application for Payment, either indicate in writing precautions and programs incident thereto, or for CON- a recommendation of payment and present the TRACTOR's failure to comply with Laws and Regu- Application to OWNER or return the Application to lations applicable to CONTRACTOR's performance of CONTRACTOR indicating in writing ENGINEER's the Work. Additionally, said review or recommendation reasons for refusing to recommend payment. In the will not impose responsibility on ENGINEER to make latter case, CONTRACTOR may make the necessary any examination to ascertain how or for what purposes corrections and resubmit the Application. CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of 2. ENGINEER's recommendation of any payment the Work, materials, or equipment has passed to requested in an Application for Payment will constitute OWNER free and clear of any Liens a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed 5 ENGINEER may refuse to recommend the Work as an experienced and qualified design profession- whole or any part of any payment if, in ENGINEER's al and on ENGINEER's review of the Application for opinion, it would be incorrect to make the representa- Payment and the accompanying data and schedules, that bons to OWNER referred to in paragraph 14 02.B 2 to the best of ENGINEER's knowledge, information and ENGINEER may also refuse to recommend any such belief payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, 00700 - 37 revise or revoke any such payment recommendation OWNER shall promptly pay CONTRACTOR the previously made, to such extent as may be necessary in amount so withheld, or any adjustment thereto agreed to n ENGINEER's opinion to protect OWNER from loss by OWNER and CONTRACTOR, when CONTRAC- because: TOR corrects to OWNER's satisfaction the reasons for such action. a. the Work is defective, or completed Work has been damaged, requiring correction or replace- 3 if it is subsequently determined that OWNER's ment, refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as b the Contract Price has been reduced by determined by paragraph 14 02.0 I Written Amendment or Change Orders; 14 03 CONTRACTOR's Warranty of Title c. OWNER has been required to correct defective Work or complete Work in accordance A. CONTRACTOR warrants and guarantees that title with paragraph 13 09; or to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project d. ENGINEER has actual knowledge of the or not, will pass to OWNER no later than the time of occurrence of any of the events enumerated in para- payment free and clear of all Liens graph 15 02.A. 14 04 Substantial Completion C. Payment Becomes Due A. When CONTRACTOR considers the entire Work 1 Ten days after presentation of the Application ready for its intended use CONTRACTOR shall notify for Payment to OWNER with ENGINEER's recom- OWNER and ENGINEER in writing that the entire Work is mendation, the amount recommended will(subject to the substantially complete (except for items specifically listed by provisions of paragraph 14 02.D)become due, and when CONTRACTOR as incomplete)and request that ENGINEER due will be paid by OWNER to CONTRACTOR. issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER D Reduction in Payment shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work 1 OWNER may refuse to make payment of the substantially complete, ENGINEER will notify full amount recommended by ENGINEER because: CONTRACTOR in writing giving the reasons therefor If ENGINEER considers the Work substantially complete, a. claims have been made against OWNER on ENGINEER will prepare and deliver to OWNER a tentative account of CONTRACTOR's performance or fur- certificate of Substantial Completion which shall fix the date nishing of the Work; of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or b. Liens have been filed in connection with the corrected before final payment. OWNER shall have seven Work, except where CONTRACTOR has delivered days after receipt of the tentative certificate during which to a specific Bond satisfactory to OWNER to secure make written objection to ENGINEER as to any provisions the satisfaction and discharge of such Liens; of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not c. there are other items entitling OWNER to substantially complete, ENGINEER will within 14 days after a set-off against the amount recommended, or submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor lf, d. OWNER has actual knowledge of the occur- after consideration of OWNER's objections, ENGINEER rence of any of the events enumerated in paragraphs considers the Work substantially complete, ENGINEER will 14 02.B.5.a through 14 02.B.5.c or paragraph within said 14 days execute and deliver to OWNER and I5 02.A. CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be 2. If OWNER refuses to make payment of the full completed or corrected) reflecting such changes from the amount recommended by ENGINEER, OWNER must tentative certificate as ENGINEER believes justified after give CONTRACTOR immediate written notice (with a consideration of any objections from OWNER. At the time copy to ENGINEER) stating the reasons for such action of delivery of the tentative certificate of Substantial Comple- j and promptly pay CONTRACTOR any amount tion ENGINEER will deliver to OWNER and CONTRAC- remaining after deduction of the amount so withheld. TOR a written recommendation as to division of responsibili- 00700-38 r: S ties pending final payment between OWNER and 2. No occupancy or separate operation of part of CONTRACTOR with respect to security, operation,safety; the Work may occur prior to compliance with the and protection of the Work, maintenance, heat, utilities, requirements of paragraph 5 10 regarding property insurance, and warranties and guarantees Unless OWNER insurance. and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing 14 06 Final Inspection the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on A. Upon written notice from CONTRACTOR that the OWNER and CONTRACTOR until final payment. entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with B OWNER shall have the right to exclude OWNER and CONTRACTOR and will notify CON- CONTRACTOR from the Site after the date of Substantial TRACTOR in writing of all particulars in which this Completion, but OWNER shall allow CONTRACTOR inspection reveals that the Work is incomplete or defective reasonable access to complete or correct items on the CONTRACTOR shall immediately take such measures as are tentative list. necessary to complete such Work or remedy such deficiencies 14 05 Partial Utilization 14 07 Final Payment A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has A. Application for Payment specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 1 After CONTRACTOR has, in the opinion of constitutes a separately functioning and usable part of the ENGINEER, satisfactorily completed all corrections Work that can be used by OWNER for its intended purpose identified during the fmal inspection and has delivered, without significant interference with CONTRACTOR's in accordance with the Contract Documents, all main- performance of the remainder of the Work, may be tenance and operating instructions, schedules, guaran- :accomplished prior to Substantial Completion of all the Work tees, Bonds, certificates or other evidence of insurance subject to the following conditions. certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, 1 OWNER at any time may request CON- CONTRACTOR may make application for final TRACTOR in writing to permit OWNER to use any payment following the procedure for progress payments. such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If 2. The final Application for Payment shall be CONTRACTOR agrees that such part of the Work is accompanied(except as previously delivered)by• (i) all substantially complete, CONTRACTOR will certify to documentation called for in the Contract Documents, OWNER and ENGINEER that such part of the Work is including but not limited to the evidence of insurance substantially complete and request ENGINEER to issue required by subparagraph 5 04.B.7, (ii) consent of the a certificate of Substantial Completion for that part of surety, if any, to final payment; and (iii) complete and the Work. CONTRACTOR at any time may notify legally effective releases or waivers (satisfactory to OWNER and ENGINEER in writing that OWNER)of all Lien rights arising out of or Liens filed CONTRACTOR considers any such part of the Work in connection with the Work. ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial 3 In lieu of the releases or waivers of Liens Completion for that part of the Work. Within a specified in paragraph 14 07.A.2 and as approved by reasonable time after either such request, OWNER, OWNER, CONTRACTOR may furnish receipts or CONTRACTOR, and ENGINEER shall make an releases in full and an affidavit of CONTRACTOR that: inspection of that part of the Work to determine its status (i) the releases and receipts include all labor, services, of completion. If ENGINEER does not consider that material, and equipment for which a Lien could be filed, part of the Work to be substantially complete, and (ii) all payrolls, material and equipment bills, and ENGINEER will notify OWNER and CONTRACTOR other indebtedness connected with the Work for which in writing giving the reasons therefor If ENGINEER OWNER or OWNER's property might in any way be considers that part of the Work to be substantially responsible have been paid or otherwise satisfied. If any complete, the provisions of paragraph 14 04 will apply Subcontractor or Supplier fails to furnish such a release with respect to certification of Substantial Completion.of or receipt in full, CONTRACTOR may furnish a Bond that part of the Work and the division of responsibility or other collateral satisfactory to OWNER to indemnify in respect thereof and access thereto OWNER against any Lien 00700 - 39 B. Review of Application and Acceptance 1 a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled r-� 1 If, on the basis of ENGINEER's observation of Liens, from defective Work appearing after final the Work during construction and final inspection, and inspection pursuant to paragraph 14 06, from failure to ENGINEER's review of the final Application for comply with the Contract Documents or the terms of any Payment and accompanying documentation as required special guarantees specified therein, or from by the Contract Documents, ENGINEER is satisfied that CONTRACTOR's continuing obligations under the the Work has been completed and CONTRACTOR's Contract Documents, and other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after 2. a waiver of all Claims by CONTRACTOR receipt of the final Application for Payment, indicate in against OWNER other than those previously made in writing ENGINEER's recommendation of payment and writing which are still unsettled. present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the ARTICLE 15 - SUSPENSION OF WORK AND Work is acceptable subject to the provisions of TERMINATION paragraph 14 09 Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to 15 01 OWNER May Suspend Work recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and A. At any time and without cause, OWNER may resubmit the Application for Payment. suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- C. Payment Becomes Due TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the 1 Thirty days after the presentation to OWNER of Work on the date so fixed. CONTRACTOR shall be allowed the Application for Payment and accompanying docu- an adjustment in the Contract Price or an extension of the mentation, the amount recommended by ENGINEER Contract Times, or both, directly attributable to any such will become due and, when due, will be paid by OWN- suspension if CONTRACTOR makes a Claim therefor as ER to CONTRACTOR. provided in paragraph 10.05 14 08 Final Completion Delayed 15.02 OWNER May Terminate for Cause A. If, through no fault of CONTRACTOR, final A. The occurrence of any one or more of the following completion of the Work is significantly delayed, and if events will justify termination for cause: ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and 1 CONTRACTOR's persistent failure to perform recommendation of ENGINEER, and without terminating the the Work in accordance with the Contract Documents Agreement,make payment of the balance due for that portion (including,but not limited to, failure to supply sufficient of the Work fully completed and accepted. If the remaining skilled workers or suitable materials or equipment or balance to be held by OWNER for Work not fully completed failure to adhere to the progress schedule established or corrected is less than the retainage stipulated in the under paragraph 2.07 as adjusted from time to time Agreement, and if Bonds have been furnished as required in pursuant to paragraph 6 04), paragraph 5 01, the written consent of the surety to the payment of the balance due for that portion of the Work fully 2. CONTRACTOR's disregard of Laws or completed and accepted shall be submitted by CON- Regulations of any public body having jurisdiction, TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and 3 CONTRACTOR's disregard of the authority of conditions governing final payment, except that it shall not ENGINEER, or constitute a waiver of Claims 4 CONTRACTOR's violation in any substantial 14 09 Waiver of Claims way of anyprovisions of the Contract Documents. A. The making and acceptance of final payment will B If one or more of the events identified in paragraph constitute. 15.02.A occur, OWNER may, after giving CONTRACTOR -_ (and the surety, if any) seven days written notice, terminate 00700 -40 the services of CONTRACTOR, exclude CONTRACTOR , ,engineers, architects, attorneys, and other professionals from the Site, and take possession of the Work and of all and all court or arbitration or other dispute resolution CONTRACTOR's tools, appliances, construction equipment, costs) incurred in settlement of terminated contracts and machinery at the Site, and use the same to the full extent with Subcontractors, Suppliers, and others, and they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in 4 for reasonable expenses directly attributable to the Work all materials and equipment stored at the Site or for termination. which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem B CONTRACTOR shall not be paid on account of loss expedient. In such case, CONTRACTOR shall not be of anticipated profits or revenue or other economic loss entitled to receive any further payment until the Work is arising out of or resulting from such termination. finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not 15 04 CONTRACTOR May Stop Work or Terminate limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration A. If, through no act or fault of CONTRACTOR, the or other dispute resolution costs) sustained by OWNER Work is suspended for more than 90 consecutive days by arising out of or relating to completing the Work, such excess OWNER or under an order of court or other public authority, will be paid to CONTRACTOR. If such claims, costs, or ENGINEER fails to act on any Application for Payment losses, and damages exceed such unpaid balance, within 30 days after it is submitted, or OWNER fails for 30 CONTRACTOR shall pay the difference to OWNER. Such days to pay CONTRACTOR any sum finally determined to claims, costs, losses, and damages incurred by OWNER will be due, then CONTRACTOR may, upon seven days written be reviewed by ENGINEER as to their reasonableness and, notice to OWNER and ENGINEER, and provided OWNER when so approved by ENGINEER, incorporated in a Change or ENGINEER do not remedy such suspension or failure Order When exercising any rights or remedies under this within that time, terminate the Contract and recover from paragraph OWNER shall not be required to obtain the lowest OWNER payment on the same terms as provided in price for the Work performed. paragraph 15 03 In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI- C. Where CONTRACTOR's services have been so NEER has failed to act on an Application for Payment within terminated by OWNER, the termination will not affect any 30 days after it is submitted, or OWNER has failed for 30 rights or remedies of OWNER against CONTRACTOR then days to pay CONTRACTOR any sum finally determined to existing or which may thereafter accrue. Any retention or be due,CONTRACTOR may,seven days after written notice payment of moneys due CONTRACTOR by OWNER will to OWNER and ENGINEER, stop the Work until payment not release CONTRACTOR from liability is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15 04 are 15 03 OWNER May Terminate For Convenience not intended to preclude CONTRACTOR from making a Claim under paragraph 10 05 for an adjustment in Contract A. Upon seven days written notice to CONTRACTOR Price or Contract Times or otherwise for expenses or damage and ENGINEER, OWNER may, without cause and without directly attributable to CONTRACTOR's stopping the Work prejudice to any other right or remedy of OWNER, elect to as permitted by this paragraph. terminate the Contract. In such case, CONTRACTOR shall be paid(without duplication of any items) ARTICLE 16 - DISPUTE RESOLUTION 1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and 16 01 Methods and Procedures reasonable sums for overhead and profit on such Work; A. Dispute resolution methods and procedures, if any, 2 for expenses sustained prior to the effective date shall be as set forth in the Supplementary Conditions. If no of termination in performing services and furnishing method and procedure has been set forth, and subject to the labor, materials, or equipment as required by the provisions of paragraphs 9 09 and 10 05, OWNER and Contract Documents in connection with uncompleted CONTRACTOR may exercise such rights or remedies as Work, plus fair and reasonable sums for overhead and either may otherwise have under the Contract Documents or profit on such expenses, by Laws or Regulations in respect of any dispute 3 for all claims, costs, losses, and damages (including but not limited to all fees and charges of 00700 - 41 ARTICLE 17 - MISCELLANEOUS 17 01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17 02 Computation of Times A. When any period of time is referred to in the Contract Documents by,days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17 03 Cumulative Remedies A The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and "") remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply 17 04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17 05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 -42 SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions (Section 00700) and other provisions of the Contract Documents as indicated below All provisions which are not so amended or supplemented remain in full force and effect. SC-2 02 Amend the first sentence of paragraph 2 02 of the General Conditions to read as follows OWNER shall furnish to CONTRACTOR up to five (5) copies of the Contract Documents as are reasonably necessary for the execution of the Work. And as so amended paragraph 2 02 remains in effect. SC-2.03A Delete paragraph 2 03a of the General Conditions in its entirety and insert the following in its place. The Contract Times will commence to run on the date given in the Notice to Proceed A Notice to Proceed may be given at any time after the agreement has been signed, however, the Notice to Proceed will be issued within ninety (90) days from the date of the bid opening This time may be extended by mutual written agreement between both the CONTRACTOR and OWNER. SC-2.05C Delete paragraph 2.05c and 5 03a of the General Conditions in their entirety and insert the following in their places Before any work at the site is started CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER)which CONTRACTOR is required to purchase and maintain in accordance with Article 5 SC-4 02 Al In the preparation of Drawings and Specifications, ENGINEER has relied on &A2 Geotechnical Investigation of proposed sanitary sewer alignment on Figland Road and Wagontrail Road in Pearland, Texas Report prepared by Coastal Testing Laboratories, February, 2001 SC-5 01 D Add a new paragraph immediately after paragraph 5 01 c of the General Conditions which is to read as follows Bond forms have been provided with the Contract Documents The CONTRACTOR or his Surety may provide a different Bond form(s) provided they include no substantive changes. SC-5 04 Add the following new paragraph immediately after paragraph 5 04b C The limits of liability for the insurance required by paragraph 5 04 of the General Conditions shall provide coverage for general liability coverage under an Section 00800 Page 1 of 7 umbrella policy of one-million dollars ($1,000,000)for any occurrence or greater when required by laws and regulations SC-5 06A Delete paragraph 5 06a of the General Conditions SC-5 06B Delete paragraph 5 06b of the General Conditions SC-5 06E Delete paragraph 5 06e of the General Conditions in its entirety and insert the following in its place If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall if possible include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been procured by CONTRACTOR. SC-5 09 Delete paragraph 5 09 of the General Conditions in its entirety and insert the following in its place If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with Article 5 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten (10) days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.05c. CONTRACTOR shall provide to the OWNER such additional information in respect to insurance provided by Contract as OWNER may reasonably request. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by CONTRACTOR as complying with the Contract Documents SC-5 11 Add a new paragraph immediately after paragraph 5 10 of the General Conditions which is to read as follows. 5 11 Workers' Compensation Insurance Coverage A. DEFINITIONS Certificate of coverage ("Certificate")—A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission (the "TWCC"), or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project— includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("Subcontractor" in Section 406 096 of Texas Labor Code)— includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person Section 00800 Page 2 of 7 contracted directly with the Contractor and regardless of whether that person has employees This includes, without limitations, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44)for all employees of the Contractor providing services on the project, for the duration of the project. C The Contractor must provide a certificate of coverage to the Owner prior to being awarded the contract. D If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the Owner, showing that the coverage has been extended E. The Contractor shall obtain from each person providing services on the project, and provide to the Owner (1) A certificate of coverage, prior to that person beginning work on the project, so that the Owner will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F The Contractor shall retain all required certificates of coverage on file for the duration of the project and for one year thereafter G The Contractor shall notify the Owner in writing by certified mail or personal delivery, within ten (10) days after Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. H The Contractor shall post on each project site a notice, in the text form and manner prescribed by the TWCC, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage The Contractor shall contractually require each person with whom it contracts to provide services on a project to Section 00800 Page 3 of 7 (1) Provide coverage, based on proper 'reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44)for all employees of the Contractor providing services on the project, for the duration of the project; (2) Provide to the Contractor, prior to that person or entity beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person or entity providing services on the project, for the duration of the project. (3) Provide to the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) Obtain from each other person or entity with whom it contracts, and provide to the Contractor (a) A certificate of coverage, prior to the other person or entity beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the Owner in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each other person or entity with whom it contracts to perform as required by paragraph (1)— (7), with the certificate of coverage to be provided to the person for whom they are providing services J By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the TWCC's Division of Self-insurance Regulation Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Owner to declare the contract void if the Contractor Section 00800 Page 4 of 7 does not remedy the breach within ten (10) days after receipt of notice of breach by Owner L. Contractor is referenced to Rule 110 110 of the Texas Administrative Code. SC-6 02B Delete paragraph 6 02 B of the General Conditions in its entirety and insert the following The contractor shall restrict work times to 7 30 a.m to 4 30 p m on Mondays to Fridays except for official City holidays. Work requiring City inspection may take place outside of these hours, but the Contractor must reimburse the City an amount equal to 1.5 times usual pay for that inspector City Inspectors must be given adequate notice prior to work done outside of these normal work times, and the City makes no guarantee that inspectors can be available No work may occur before 6 30 a m., after 7 00 p m or on Sundays SC-6 06C Add the following language to the end of paragraph 6 06c of the General Conditions. OWNER and ENGINEER upon request may furnish to any such Subcontractor, Supplier or other person or organization to the extent practicable, evidenced of amounts paid to CONTRACTOR in accordance with CONTRACTOR's application for payment. SC-6 10 Delete paragraph 6 10 of the General Conditions in its entirety and insert the following The Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20 04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Forms may be obtained from the State Comptroller's Office (713) 683- 9451 The CONTRACTOR performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificates complying with State Comptroller's ruling No 95-0 07 Any such exemption certificate issued by the CONTRACTOR in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling No 95-0 09 as amended effective October 2, 1968 SC-7 01 A3 Add a new paragraph immediately after paragraph 7 01a2 of the General Conditions which is to read as follows Other work may take place at the site of the Work not involving the OWNER. Other utility owners have facilities in the Work site. These owners may perform or contract work to be performed at the Project Site without the concurrence of the OWNER. The applicable provisions of Article 7 shall apply for any work in which the OWNER is not a party regardless of any reciprocity that may or may not be due to the CONTRACTOR. SC-9 03B Add a new paragraph immediately after paragraph 9 03a of the General Conditions which is to read as follows • The OWNER will appoint an inspector during the construction of the project. The inspector will have the following responsibilities and duties Section 00800 Page 5 of 7 (1) Provide on-site inspection and observation of the construction activity of the Work. Make informal written, personal, and telephone reports to the City Engineer and ENGINEER as appropriate (2) Maintain Project Diaries for the Work and submit to the City Engineer and ENGINEER semi-weekly for review and file (3) Coordinate geotechnical services under contract to the OWNER including schedule and scope of all field and laboratory services Make recommendations for retention by OWNER of specific geotechnical firms as needed (4) Receive, comment and report upon all submittals, requests for clarification, requests for change orders, partial pay estimates and requests for approval inspections as needed (5) Act as the on-site representative of the OWNER and assume responsibility for maintaining effective communication between CONTRACTOR, OWNER, geotechnical services, ENGINEER, surveyor, utility companies, and other public and private entities having interest in the successful completion and acceptance of the Work. SC-11 02 Delete paragraph 11 02 and subparagraphs in their entirety SC-12 03 Delete paragraph 12 03 in its entirety and replace with the following The Contract Time as defined in this proposal and other sections of the Contract Documents includes a certain number of rain/mud days Based on the Alvin Weather Center records, the average annual rain days from June 1898 to December 1996 is 80 days, calculated from all precipitation of record, including trace amounts days. CONTRACTOR is required to keep record of rain/mud days at the site Record of rain/mud days must be accepted and signed off by the City Inspector monthly, and it shall be reported on the monthly pay estimate submittals At the end of the Work, CONTRACTOR will be credited only the number of accepted rain/mud days that exceed 80 rain/mud days per year, or any appropriate fraction thereof SC-14 02 Al Amend the first sentence of paragraph 14.2a1 of the General Conditions to read as follows. On or before the 1st day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the Close of Business being the 25th of the previous month, said statement shall also include the value of all stored materials delivered on the site that are to be incorporated into the Work. The statement shall include the signature of the City Inspector prior to submittal to the ENGINEER. Section 00800 Page 6 of 7 SC-14 02 B1 In the first sentence of paragraph 14 02b1 of the General Conditions, delete the words "within 10 days after receipt of each Application for Payment" and replace with "by the 5th of the current month " SC-1402 C1 Delete paragraph 14 02c1 of the General Conditions in its entirety and replace with the following The OWNER shall pay the CONTRACTOR within 30 days from the date the pay estimate is accepted by the ENGINEER. END OF SECTION Section 00800 Page 7 of 7 ` I SECTION 00610 PERFORMANCE BOND STATE OF TEXAS § Bond No TX 567594 COUNTY OF BRAZORIA § Haddock Construction KNOWN ALL MEN BY THESE PRESENTS That Co. Inc,.. of the City of Rosharon County of Brazoria , and State of Texas, as principal, and Merchants Bonding Company (Mutual) authorized under the laws of the State of Texas to act as surety 4 �bd�sAfor r ?ci Is, re held and firmly bound unto City of Pearland (Owner), in the penal sum of t"i"ree"Huunedrred"" i ty-i�'h Thousand/00*** �$222,333.00***)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. WHERE , the Principal has entered into a certain written contract with the Owner, dated the 1' day of , 20 p 1 , to commence and complete the construction of certain improvements escribed as follows. Piper Road Water&Sewer Extension City of Pearland, Texas COP PN B2001-054 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 by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and 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 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder Section 00610 Page 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of July , 20 01 Principal Surety Haddock Construction Co. Inc. Merchants Bonding Company (Mutual) By. i �� � �'`--- By. Mark Haddock rk Smi Title. President Title. Attorney-in-Fact Address Address. 3720 C.R. 48 685Q ALu tin ;Cexterr,-boulevard, Suite 200 Rosharon, Texas 77583 Austin, Texas 78731 Telephone.- ( 281 ) 489-2828 Telephone. ( 800 ) 252-9656 Fax: ( 281 ) 489-2888 Fax: ( 512 ) 343-8363 The name and address of the Resident Agent of Surety is. Rust, Ewing, Watt Ej Haney, Inc 7900 Lowry Expressway, Texas City, Texas 77591 END OF SECTION Section 00610 Page 2 of 2 1. r a� Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint Will E. Watt, II, A. A. Shotwell, Geri Johnson, Patsy Beall, Mark Smith, Joseph C. Blackshear, Jr., G. C. Blystone, Jr. and/or Betty A. Bush -- of Texas City and State of Texas its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS 'and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all such acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992. ARTICLE II,SECTION 8.—The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 1st day of January 2000 O\NG CQ r,- - --- `-MERCHANTS BONDING COMPANY(MUTUAL) �fjA- ;4O4�RPOq .y• y' • 9.4 yc • •iroy,, 1933 'x3 By /-..1(1717 7,4-- STATE OF IOWA •. COUNTY OF POLK ss. On this 1st day of January , 2000 before me appeared Larry Taylor,to me• personally known,who being by me duty sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said - Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. : 4/64 xiA,cid,;„ • a • • J •• . 9. • c, 2 Notary Public,Polk County,Iowa • I O WA o STATE OF IOWA .••• /?l At- ' •.•• COUNTY OF POLK ss. •• •• I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in force and effect. In Witness Whereof,I have hereunto set my hand and affixed the Seal of the Company on this 24th day of July, 2001 Z/� te. '„.„.,,,,/ de...f.,..:}j, +•@O Op�P 0 q 9 s...., • •,.- -0- Msc og»tzisal •A• o •3° 1933 .. . . J• d. . A • • .• - * \ .• • • SECTION 00620 PAYMENT BOND STATE OF TEXAS § Bond No TX567594 COUNTY OF BRAZORIA § Haddock Construction KNOWN ALL MEN BY THESE PRESENTS That Co Inc of the City of Rosharon , County of Brazoria and State of Texas, as principal, and Merchants Bonding Company (Mutual) authorized under the laws of the State of Texas to act as surety on bonds forp rincipals, are held and 7�,o H dr c[ t Tw Thou and *** firmly bound unto City of Pearland (Owner), in the penal sum of Tfiree�izndrec�'�i,�ty-�i,rPP � nn100 ($222,333. 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. WHEREA , the Principal has entered into a certain written contract with the Owner, dated the day of , 20 O1 , to commence and complete the construction of certain improvement escribed as follows. Piper Road Water& Sewer Extension City of Pearland, Texas COP PN B2001-054 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 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder Section 00620 Page 1 of 2 1 � IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of July , 20 01 Principal Surety Haddock Construction Co Inc Merchants Bonding Company (Mutual) Bye//%% By. G . Mark Haddock Ma Smith Title. President Title. Attorney-in-Fact Address. Address: 3720 C.R. 48 6850 Austin Center Boulevard Rosharon, Texas 77583 Suite 200 Austin, Texas 78331 Telephone. ( 281 ) 489-2828 Telephone. ( 800 ) 252-9656 Fax: ( 281 ) 489-2888 Fax: ( 512 ) 343-8363 The name and address of the Resident Agent of Surety is: Rust, Ewing, Watt & Haney, Inc 7900 Lowry Expressway, Texas City, Texas 77591 END OF SECTION Section 00620 Page 2 of 2 • Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint Will E. Watt, II► A. A. Shotwell, Geri Johnson, Patsy Beall, Mark Smith, Joseph C. Blackshear, Jr., G. C. Blystone, Jr. and/or Betty A. Bush of Texas City and State of Texas its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings.recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of. THREE MILLION ($3,000,000.00) DOLLARS • and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all such acts of said.Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING•COMPANY(MUTUAL)on October 3,1992. ARTICLE II,SECTION 8.—The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused th€sa presents to be signed by its President and its corporate seal to be hereto affixed,this 1st day of January 2000 •.••OG .CO;A. __ _. -MERCHANTS BONDING COMPANY(MUTUAL) 4O pSP 0,9 • 9•. - C4 94. y< • ••�-2 -o- 1/ 7 ,4-- c• :3 y 1933 c By `/ ma . • STATE OF IOWA .. COUNTY OF POLK ss On this 1st day of January , 2000 before me appeared Larry Taylor,to me• personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said - Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. • * M c 0 % c)).„% xiAdo,e,;) ... .,...N .. (., .. : . . . tr IOWA Z Notary Public,Polk County,Iowa •. y •0. or ••• s4P .: STATE OF IOWA .• 'f R I At- •: COUNTY OFPOLK ss. �'•.,..,..•�� I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in force and effect. In Witness Whereof,I have hereunto set my hand and affixed the Seal of the Company on this 24th day of July, 2001 •• DING CO,�•. 2 dr-4.1-e-'":-"4' ; O P09 %I.. Sc. .uy • MSC 0874(2/98) 6 441933 c; . J` y• •. -•.