13-R-55- D & D Construction-Ware Seguin Rd & Lower Seguin RdRESOLUTION NO. 13 -R -55
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH D &D
CONSTRUCTION RELATING TO THE RECONSTRUCTION OF WARE
SEGUIN ROAD AND LOWER SEGUIN ROAD AND AUTHORIZING
THE BUDGET ESTIMATES FOR BOTH PROJECTS AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the
City accept the bid proposal from D &D Construction for the reconstruction of Ware Seguin
Road and Lower Seguin Road and approve the project expenditures; and
WHEREAS, City staff has received qualifications indicating that D &D Construction is
qualified to provide such services for the City; and
WHEREAS, this project will be funded from the 2009 Street Bonds; and D &D
Construction will complete the entire reconstruction of Ware Seguin Road and the silt removal
from drainage ditches as well as complete concrete work for driveways and culverts on Lower
Seguin Road. The road construction project for Lower Seguin Road will be completed by the
Public Works Street Department.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Ur:r_74
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the contract with D &D Construction to complete the reconstruction of Ware Seguin and
Lower Seguin Road in an amount of $520,735.90 and not exceed $573,550, and to approve
project expenditures not to exceed $487,500 for Ware Seguin Road and not to exceed $541,400
for Lower Seguin Road.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 13th day of
OF
R. Carpenter, Mayor
ATTEST:
renda Dennis, City Secretary
(CITY SEAL)
50506221.1 2 -
CONTRACT
AND
SPECIFICATIONS
FOR
SCHERTZ RURAL ROADS PHASE II
STREET IMPROVEMENT PROJECT:
Ware Seguin Road & Lower Seguin Road
Between:
CITY of SCHERTZ, TX
(Owner)
D & D Contractors, Inc.
(Contractor)
fj o; 34589 Q
11;910
Prepared By:
V%
Don McCrary and Associates Inc.
323 Breesport St.
San Antonio, TX. 78216 -2602
Ph: (210)349-2651
Fax: (210)349-2653
Project No. 11011
TABLE OF CONTENTS
ADVERTISEMENT TO BIDDERS /
INVITATION TO BID
TRENCH PROTECTION
INSTRUCTION TO BIDDERS
CONSTRUCTION CONTRACT
BID PROPOSAL
PERFORMANCE AND PAYMENT BONDS
CERTIFICATE OF INSURANCE (As Required)
NOTICE OF AWARD
NOTICE TO PROCEED
GENERAL CONDITIONS
SUPPLEMENTARY CONDITIONS
CONSTRUCTION SPECIFICATIONS
ADDENDA
ADVERTISEMENT TO BIDDERS \
INVITATION TO BID
CITY OF SCHERTZ
INVITATION TO BID
The City of Schertz is accepting sealed bids for the construction of "RURAL ROADS
PHASE II STREET IMPROVEMENT PROJECT ",
Sealed bids should be received by the Purchasing Director of the City located at 10
Commercial Place, Building #1, Schertz, Texas 78154 by 10:00 a.m. (CST) on
June 4, 2013 via hand delivery. * *No fax or E -mail bids will be accepted, Sealed Bids
will then be opened and read aloud at 10:30 a.m, in the City of Schertz Council Chambers
located at 1400 Schertz Parkway, Bldg # 4 Schertz Texas 78154. Sealed Bids must be
submitted with one (1) original and four (4) copies and be clearly marked in a sealed
envelope as "RURAL ROADS PHASE II STREET IMPROVEMENT PROJECT,
# 13- PW- 19 -S -01. Bids submitted after the aforementioned date and time will not be
accepted.
Interested vendors /contractors may attend a Pre -Bid meeting on May 23, 2013 at 10:00
AM (CST) in the City of Schertz Council Chambers located at 1400 Schertz Parkway
Bldg #4. Schertz. Texas 78154. Contractors must obtain copies of the contract
documents, plans, and specifications from DON MCCRARY & ASSOCIATES, INC.,
ENGINEERING AND SURVEYING, 323 Breesport, San Antonio, TX 78216. A non-
refundable fee of $50 (Fifty dollars) is required to obtain a copy of the plans, or $10 (Ten
dollars) for a digital copy. ONLY CHECKS ACCEPTED. Questions in reference to
Bid procedures may be directed to the Purchasing Department, 210 -619 -1160, or
questions in reference to the Project may be directed to Don McCrary, at Don McCrary &
Associates, Inc., Engineering and Surveying at 210 - 349 -2651.
All documents, including Addendums to this project, will be placed on the City's website
at www.scheitz.com/Purchasine.
The City reserves the right to reject any or all bids and to select the bid deemed in the
best interest of the City from among those received.
TRENCH
EXCAVATION
SAFETY
PROTECTION
TRENCH EXCAVATION SAFETY PROTECTION
The CONTRACTOR shall bear full responsibility for design and execution of acceptable
trenching and shoring procedures for any trenching in excess of five (5) feet below
existing grade. This work shall conform to United States Department of Labor Rules 29
C.F.R. Occupational Safety and Health Administration, Part 1926, Safety and Health
Regulations for Construction. Subpart P, Excavation ( "OSHA "); Section 2166.303 of the
Texas Government Code; Chapter 756 Subchapter C, Trench Safety, of the Texas Health
and Safety Code; and other applicable safety standards and regulations, all as in effect
during the period of construction of the project.
The CONTRACTOR will be required to install a trench safety system to provide for the
safe excavation of all trenches exceeding a depth of five (5) feet that at a minimum
complies with OSHA standards. The trench excavation plans and the trench safety
system are to be designed in conformance with OSHA standards and regulations. The
CONTRACTOR accepts sole responsibility for compliance with all applicable safety
requirements.
The City reserves the right to enter and inspect the job site at anytime and to stop work if
an unsafe condition is observed. Once stopped for a safety issue, work shall not resume
until the unsafe condition has been corrected or OSHA has determined that no violation
of recognized safety standards exists.
The CONTRACTOR shall indemnify and hold harmless the OWNER, the ENGINEER,
and their employees and agents from any and all damages costs, (including without
limitation, legal fees, court costs, and the cost of investigation), judgments, or claims by
anyone including but not limited to contractors, subcontractors, employees, independent
contractors, workers, or the general public for injury or death of persons resulting from
the collapse or failure of trenches constructed under this contract.
INSTRUCTIONS
TO
BIDDERS
DEFINED TERMS: Terms used in these instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract have the meanings assigned to
them in the General Conditions. The term "Bidder" means one who submits a Bid directly to
Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. The term "Successful
Bidder" means the lowest, qualified, responsible and responsive Bidder to whom the Owner
(on the basis of the Owner's evaluation as hereinafter provided) makes an award. The term
"Bidding Documents" includes the Advertisement for Bid, Instructions to Bidders, the Bid
Form, and the proposed Contract Documents (including all Addenda issued prior to receipt
of Bids).
2. COPIES OF BIDDING DOCUMENTS: Complete sets of the Bidding Documents in the
number and for the deposits sum, if any, stated in the Advertisement or Invitation to Bid may
be obtained from the Engineer.
Complete set of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
Owner and Engineer in making copies of Bidding Documents available on the above terms
do so only for the purpose obtaining Bids on the Work and do not confer a license or grant
for any other use.
3. QUALIFICATION OF BIDDERS: To demonstrate qualifications to perform the Work,
each Bidder must be prepared to submit within five days of Owner's request written
evidence, such as financial data, previous experiences, present commitments and other such
data as may be called for below (or in the Supplementary Conditions). Each Bid must
contain evidence of Bidder's qualification to do business in the state where the Project is
located or covenant to obtain such qualification prior to award of the contract.
EXAMINATION OF CONTRACT DOCUMENTS AND SITE: It is the responsibility of
each Bidder before submitting a Bid, to:
a. Examine the Contract Documents thoroughly.
b. Visit the site to become familiar with local conditions that may affect cost, progress,
performance or furnishing of the Work
e. Consider federal, state, and local Laws and Regulations that may affect cost, progress
d. Notify Engineer of all conflicts, errors, or discrepancies in the Contract Documents.
Before submitting a Bid, each Bidder will be responsible to make or obtain such
explorations, tests, and data concerning physical conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the site, or otherwise which may affect cost,
progress, performance, or furnishing of the Work, and which Bidder deems necessary to
determine its Bid for performing and furnishing the Work in accordance with the time, price
and other terms and conditions of the Contract Documents.
On request in advance, Owner will provide each Bidder access to the site to conduct such
explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall
fill all holes, clean us and restore the site to its former condition upon completion of such
explorations.
The lands upon which the Work is to be performed, right -of -way, and casements for access
and thereto and other lands designated for use by Contractor in performing the Work are
identified in the Contract Documents. All additional lands and access thereto required for
temporary construction facilities or storage of materials and equipment are to be provided by
Contractor. Easements for permanent structures or permanent changes in existing structures
are to be obtained and paid for by Owner unless otherwise provided in the Contract
Documents.
The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has compiled with every requirement of this Article 4, that without exception the Bid
is premised upon performing and furnishing the Work required by the Contract Documents
and such means, methods, techniques, sequences or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
5. INTERPRETATIONS AND ADDENDA: All questions about the meaning or intent of the
Contract Documents are to be directed to Engineer. Interpretations or clarifications
considered necessary by Engineer in response to such questions will be issued by Addenda
mailed or delivered to all parties recorded by Engineer as having received the Bidding
Documents. Questions received less than ten (10) days prior to date for opening of Bids may
not be answered. Only questions answered by formal written Addenda will be binding. Oral
and other interpretations or clarifications will be without legal effect.
Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
6, BID SECURITY: Each Bid must be accompanied by Bid Security made payable to Owner
in an amount of five percent (5 11o) of the Bidder's maximum Bid price and in the form of a
certified check or a Bid Bond issued by a surety meeting the requirements of the General
Conditions.
The Bid security of the Successful Bidder will be retained until such Bidder has executed the
Agreement and furnished the required contract security, whereupon the Bid security will be
returned. If the Successful Bidder fails to execute and deliver the Agreement and famish the
required contract security within fifteen (15) days after the Notice of Award, Owner may
annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid
2
security of other Bidders whom Owner believes to have a reasonable chance of receiving the
award may be retained by Owner until the earlier of the seventh (7) day after the Effective
Date of the Agreement or the forty -sixth (46) day after the Bid opening, whereupon Bid
security furnished by such Bidders will be returned. Bid security with Bids which are not
competitive will be returned within seven (7) days after the Bid opening.
CONTRACT TIME: The numbers of days within which, or the dates by which, the Work is
to be substantially completed and also completed and ready for final payment (the Contract
Time) are set forth in the Bid Form and the Agreement.
8. LIQUIDATED DAMAGES: Provisions for liquidated damages, if any, are set forth in the
Agreement.
SUBSTITUTE OR "OR- EQUAL" ITEMS: The contract, if awarded, will be on the basis
of materials and equipment described in the Drawings or specified in the Specifications
without consideration of possible substitute or "or- equal" items. Whenever it is indicated in
the Drawings or specified in the Specifications that a substitute or "or- equal" item of material
or equipment may be furnished or used by Contractor if acceptable to Engineer, application
for such acceptance will not be considered by Engineer until after the Effective Date of the
Agreement. The procedure for submission of any such application by Contractor and
consideration by Engineer is set forth in the General Conditions and may be supplemented in
the General Requirements.
10, SUBCONTRACTORS, SUPPLIERS, AND OTHER: If the Supplementary Conditions
require the identity of certain Subcontractors, Suppliers, and other persons and organizations
(including those who are to furnish the principal items of material and equipment) to be
submitted to Owner in Advance of the specified date prior to the Effective Date of the
Agreement, the apparent Successful Bidder, and any other bidder so requested, shall within
seven (7) days after the Bid opening submit to Owner a list of all such Subcontractors,
Suppliers and other persons and organizations proposed for those portions of the Work for
which such identification is required. Such list shall be accompanied by an experience
statement with pertinent information regarding similar projects and other evidence of
qualification for each such Subcontractor, Supplier, person or organization if requested by
Owner. If Owner or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, Supplier, other person or organization, either may before Notice of
Award is given request the apparent Successful Bidder to submit an acceptable substitute in
which cast the apparent Successful Bidder shall submit an acceptable substitute, the Bidder's
Bid price will be increased (or decreased) by the difference in cost occasioned by such
substitution and Owner may consider such price adjustment in evaluating Bids and making
the contract award or without an increase in Bid price.
If apparent Successful Bidder declines to make any such substitution, Owner may award the
contract to the next lowest Bidder that proposed to use acceptable Subcontractors, Suppliers,
and other persons and organizations. The declining to make requested substitutions will not
constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor,
Supplier, other person or organization listed and to whom Owner or Engineer does not make
written objection prior to the giving of the Notice of Award will be deemed acceptable to
Owner and Engineer subject to revocation of such acceptance after the Effective Date of the
Agreement as provided in Paragraph 6.06 of the General Conditions.
11. PREPARATION OF BID: The Bid Form is included with the Bidding Documents;
additional copies may be obtained from Engineer (or the issuing office).
All blanks on the Bid Form must be completed in ink or by typewriter
Bids by corporations must be executed in the corporate name by the president or a vice -
president (or other corporate officer accompanied by evidence of authority to sigh) and the
corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation must be shown below the signature.
Bids by partnership must be executed in the partnership name and signed by a partner whose
title must appear under the signature and the official address of the partnership must be
shown below the signature.
All names must be typed or printed below the signature
The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which
must be filled in on the Bid Form).
The address and telephone number for communications regarding the Bid must be shown.
Bids must be priced on a lump sum basis for the base contract and include a separate price
for each alternative described in the Specifications as provided for in the Bid Form. The
price of the Bid for each alternative will be the amount to be added to or deducted form the
price of the base Bid if Owner selects the alternative.
12. SUBMISSION OF BIDS: Bids shall be submitted at the time and place indicated in the
Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope,
marked with the Project title (and, if applicable, the designated portion of the Project for
which the bid is submitted) and name and address of the Bidder and accompanied by the Bid
security and other required documents. If the Bid is sent through the mail or other delivery
system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID
ENCLOSED" on the face of it. A mailed bid shall be addressed to the City of Schertz.
13. MODIFICATION AND WITHDRAWAL OF BIDS: Bids may be modified or withdrawn
by an appropriate document duly executed (in the manner that a Bid must be executed) and
delivered to the place where Bids are to be submitted at any time prior to the opening of
Bids.
If, within twenty -four (24) hours after Bids are opened, and Bidder files a duly signed,
written notice with Owner and promptly thereafter demonstrates to the reasonable
satisfaction of Owner that there was a material and substantial mistake in the preparation of
its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter,
that Bidder will be disqualified from further bidding on the Work to be provided under the
Contract Documents.
14. OPENING OF BIDS: Bids will be opened and (unless obviously non - responsive) read
aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will
be made available to Bidders after the opening of Bids.
15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE: All Bids will remain subject to
acceptance for forty -five (45) days after the day of the Bid opening, but Owner may, in its
sole discretion, release any Bid and return the Bid security prior to that date.
16. AWARD OF CONTRACT: Owner reserves the right to reject any and all Bids, to waive
any and all informalities not involving price, time or changes in the Work and to negotiate
contract terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the
Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to
make an award to the Bidder, whether because the Bid is not responsive or the Bidder is
unqualified or of doubtful financial ability or fails to meet any other pertinent standard or
criteria established by owner. Discrepancies in the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum
of any column of figures and the correct sum thereof will be resolved in favor of the correct
SUM.
In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the
Bids comply with the prescribed requirements, and such alternates, unit prices and other date,
as may be requested in the Bid Form or prior to the Notice of Award.
Owner may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the
identity of Subcontractors, Suppliers, and other persons and organizations must be submitted
as provided in the supplementary Conditions. Owner also may consider the operating costs,
maintenance requirements, performance data and guarantees of major items of material and
equipment proposed for incorporation in the Work when such data is required to be
submitted prior to the Notice of Award.
If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by
Owner indicates to Owner that the award will be in the best interest of the Project.
17. CONTRACT SECURITY: Article 5 of the General Conditions and the Supplementary
Conditions set forth Owner's requirements as to performance and payment Bonds. When the
Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the
required performance and payment Bonds.
18. SIGNING OF AGREEMENT: When Owner gives a Notice of Award to the Successful
Bidder, it will be accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within fifteen (15) days
thereafter Contractor shall sign and deliver the required number of counterparts of the
Agreement and attached documents to Owner with the required Bonds. Within ten (10) days
thereafter, Owner shall deliver one fully signed counterpart to Contractor. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate identification.
19. PRE -BID CONFERENCE: There will be a pre -bid conference at the City of Schertz,
Public Works Office located at 10 Commercial Place, Schertz Texas, 78154 at a time to be
announced.
20. SALES AND USE TAXES: See clarification in Supplementary General Conditions
paragraph SC -6.15.
21. RETAINAGE: Provisions concerning retainage and Contractors' rights to deposit securities
in lieu of retainage are set forth in the Agreement.
22. CONTRACT TO BE ASSIGNED: The contracts will be assigned by Owner to Contractor.
23. WHEN TERM "OWNER ": Is used in this document, it shall mean the City of Schertz.
24. WHEN TERM "ENGINEER ", "ARCHITECT ", and "INSPECTOR ": Are used in these
documents, it shall mean Don McCrary & Associates, Inc.
0
CONSTRUCTION
CONTRACT
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
t�.
THIS AGREEMENT is dated as of the � day of in the year 2013 by and between the
City of Schertz. Texas (herein called OWNER) and & D Contractors. Inc (herein 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:
RURAL ROADS PHASE II STREET IMPROVEMENT PROJECT
ARTICLE 2. ENGINEER
The Project has been designed by: Don McCrary & Associates, Inc.
323 Breesport St.
San Antonio, Texas 78216
(210) 349 -2651
(210) 349 -2653 fax
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all
duties and responsibilities and have the right 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 90 consecutive calendar days from the date
wen the Contract Time commences to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.07
of the General Conditions within 100 consecutive calendar days form from the date when the
Contract Time commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognized that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in paragraph 4.02 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
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 Two Hundred Fifty and
00 /100 Dollars ($250.00) for each day that expires after the time specified in paragraph 4.02
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 thereof granted by OWNER,
CONTRACTOR shall pay OWNER Two Hundred Fifty and 00 /100 Dollars ($250.00) for
each day that expires after that time specified in paragraph 4.02 for completion and readiness
for final payment.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds as follows: See attached Bid Documents,
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the
General Conditions, OWNER shall pay the Contract Price as recommended by Engineer less such
amounts as provided by this Contract. (Less 10% Retainage, which will be paid upon Final
Completion and Acceptance of this project.)
ARTICLE 6. INTEREST
All moneys not paid when due as provided in Article 14 of the General Condition shall bear interest
at the maximum rate allowed by law at the place of the Project.
ARTICLE 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
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 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 4.2 of the General Conditions, and accepts the
determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of
the technical data contained in such reports and drawings upon which CONTRACTOR is
entitled to reply.
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 paragraph 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 or furnishing of the Work as CONTRACTOR
considers necessary for the performance or 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,
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 date 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, test, 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 he has 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 following:
8.1 Invitation and Instruction to Bidders
8.3 Standard General Conditions and Supplementary General Conditions
8.4 Special Conditions
8.5 Performance and Payment Bonds
8.6 Certificates of Insurance
8.7 Specifications bearing the title City of Schertz and San Antonio Standard Specifications
(latest revision), Technical specifications City of Schertz and San Antonio Standard
Specifications for Public Works Construction - as applicable.
8.8 Drawings, consisting of a cover sheet and sheets bearing the following general title:
RURAL ROADS PHASE II STREET IMPROVEMENT PROJECT.
8.9 Notice to Proceed - Notice of Award
8.10 Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to
inclusive).
8.11 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 3.05 of the
General Conditions.
8.12 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 3.05 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 monies that may become due and monies that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically state 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 bids itself, its partners, successors, assigns and legal
El
r
representatives 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.
ARTICLE 10. OTHER PROVISIONS
In lieu of a Maintenance Bond, The City of Schertz may retain two and one -half (2 1/2 %) of the
contract price, either in a cash escrow or an unconditional and irrevocable letter of credit for the 1
year warranty period.
This Agreement will be effective on Sed Le , 2013
OWNER: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
BY:
(CORPORATE SEAL)
Attest
Address for giving notices:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
CONTRACTOR: D & D Contractors, Inc.
P.O. Box 592
Schertz, TX 78154
5
BY: 1 i a /�1iLr✓
ORPORATE SEAL)
Attest (/ �f
Address for giving notices:
D & D Contractors, Inc.
P.O. Box 592
Schertz, TX 78154
BID PROPOSAL
Bid Proposal
P To
j` The City of Schertz
for
RURAL ROADS PRASE II STREET IWROVEAMPIT PROJECT
TEUS BID IS SUBAMTTED BY: 1 J l n n- 1-aCA o rs i n c
TMS. B.ID IS SUEMTTED TO: The City Of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
The undersigned -BIDDER proposes and agrees, if this Bid is accepted;`to enter into an
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Contract Price and
within the Contract time indicated in this Bid and in accordance with the other terms and
conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for forty-five days after the day of Bid
opening. BIDDER will sign and submit the Agreement with the Bonds and other documents.
required by the Bidding Requirements within fifteen days after the date of OWNER's Notice of
Award.
1 3. In submitting this Bid; BIDDER represents, as more fully set forth in the Agreement that:
a. BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all which is hereby acknowledged):
Date
S /3►/.t3
Number
VA " .
b, BIDDER has familiarized itself with the nature and extent ofthe 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.
1 c. BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it
has discovered in the Contract Documents and the written resolution thereof by ENGINEER is
acceptable to BIDDER.
d. This Bid is genuine and one made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization or corporation; BIDDER has not directly or indirectly induced
I or, solicited any. other Bidder to submit a false or sham Bid;. BIDDER has not solicited or
induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought
by collusion to obtain for itself any advantage over any other Bidder or over OWNER.
4. The undersigned BIDDER proposes and agrees to furnish all labor, tools, equipment, material,
supervision and incidental s necessary to complete the work according to the plans and attached
specifications for the unit price bid of each of the following:
RURAL ROAIDS PIitASE IX STREET UvwROVEME N T PROJECT
S. Numbers in brackets are City of Schertz Public Works Specifications numbers.
BASE BID W OAD GUINI ROAD Unit Price Total Price
Item Description & Uni T
Lint Price (Words-) Unit �Y Numbers Numbers _
1 Mobilization/Bonding [01502]
LS 1 $ 20000.4° $
«iid
Dollars
f 3 R.O.W. Preparation [101] LS 1 $ aoo °° $°
Il
3 Traffic Barricades, Signs etc.
[01555] I ,
4 Silt Fence [0.1570]
5
C
Rock Gablons (Q1570]
[02315]
LS
)011ars
LF
D011ars
LF
Pollan
CY
2
1 40.-o $ 21&40. °0
4522 $ . $JA&L3-0
50 $-2 0 00 $1,00
4600 $ v5 go � °°
7 Asphalt, (3" Type "D" HMAC) [02741] SY
[0274'1]
JlifSeei� And. Tl+ir }•l -L'j �n�
�on1 c D Ilals
8 Tack Coat @.0:1 Ga)(SY [02743] GAL
roar av d Tl •r }e „ iii
Dollars
9: Prime Coat Q 0;2 GaVSY [02742] GAL
_Fauf std larn�� " -t tir
�e� ;< Dollars
10 Crushed Rock Bass Q.2o" SY .
(Entlire 28' Width) [0271]
EtRI}ee>\ 4�J �! ry�a�S
` }. J Dollars.
1.O.a Tenser TriAx.TX -5 GeOgrid Layer SY
Dollars
11 Moisture. Conditioned SY
&compacted Subgrade
Sevznj.- • Five r is.
Dollars
12 Hydromulch [0292.1], SY
13 Pavement Striping 4' Yellow LF
7,150 $ 13.225 $ 5 &/.7 00
716 $ Lt.13 $ ,fir g5.1.9�;•
1,430 $ y.qf $--'-74- 07g. S'a
7,150 $ LLsj $i3o,glG.�'9
7,150 $_3. - _0 $ 1, 1 �,Ob
7,150 S LI
Idpo °"
6} 300 .. HU $. 201 0 0
.14 Paveinent:Striping 41" White LP 41400
44 NVAL
Dollars
15. 1W CA. P. [02642]' LF 75 $ ii. G Fs $
av -Fi1 SiN�
16 6" Conecrete1Rlp�Rap 1 SY 70 $ $ 79, 20 5, s , o°
.Yawol M -M,'Ka QlM
'I we :44 Dollars-
3 -A1
17 6" Concrete Driveway [027541 SY
Qer• - Dollars
18 Sign Relocation (removal only) EA
-%fee. AlAwbeA el4Ye e. 11
Dollars
19 Mailbox Relocation p(removal only) BA
I+,oD ��nvvi,^er� �� aln�reew
n,.ne
20 Fine Grading. Bar Ditch SY
nnllai
60 $ �' /. "K $ 3 r/ , s'
2 $ 315.00
10 $ .LIL'oo
$ 03o."
6,000 $ .So $ 3,000.°°
Base. Bid —Ware Seguin $ 3J925 jc( 1, 5f _—
Additive Alternates - Ware Seguin:
AM LIME STABILIZED SUBGRA,D!E SY 7,375 $ 2.3N $ 17,17, 257. sO
`Tior� ��1� TI+Sr�epo'nr
Dollars
AA2 LIME (25 #/ S.Y.) TONS 110 $ /9$.G3 s 1�.3�fq, 3tl
er , - L+ree S Dollars
RIt,
TotarBld — Ware Seguin d1$ 33 tgo 6 1w
4
�o�ic,i- ''t5;se8,'d ? AID L�icl A ``�l 59V 3S -
The required to complete = Ware Seguin, Go days
Notes — Ware Seguin
0
�3A5 ..)3IID LOM R S]EGUIN.I; ROAD
Unit Price
Total Price
I
Item
Description do Unit Price (words) Unit
OTY
Numbers
Numbers
1
Mobilization /Bonding[01502jj L.S.
1
$7,5'30,°°
$ 7,5W.O°
-
Seve✓� 7bgu <�,d I've NFn�a�d
Dollars
2
R.O.W. Preparation [101] L.S.
1
$11's -07,
$ 11, SOtf.eb
Nine�eeo ` Ov,,,O".d rve NtjreU
row Dollars
3
Traffic Barricades, Signs etc. L.S.
1
$ 11"T.
$J.���� °
[01555]
rl��s.ad AJIAe.
life 4 °ie�(nF Dollars
4
Silt Fence [01570] L. F.
600
$
0141 a iUieie w' iVP
PASS Dollars
5
Rock Gablons [01570] L.F.
20
$ Sa, °°
$ 1,000.pG
Dollars
6
18" C.M.P: [02642] LF
75
$ 641,4,5
$ S,.IHiI.'g
Dollars
7
6" Concrete Rip -Rap SY
60
$ -),T, &9
$ q, 5gy.tso
Se.ynvifa - dive c� Sr'xi�4
F iaA -S . Dollars
8
6" Concrete Driveways [02754] SY
825
$. GN.oB
00
$_:2 ,�rGre,
S rY;•H '�vu/ kNd
Dollars
_
9
Guardrail [TxDot SGT (7) 31 -11] LF
100
$ `iN • yO
$ 4,, 4Y0 -pO
F °r�u • rDw - ;i d Fv; 6 Cem s
Dollars
j
4
,
5
9. The undersigned BIDDER certifies that he has thoroughly examined these
documents (Bid Documents, Contracts, General Conditions, Supplementary and
Special, etc.) and that the bid prices contained in this proposal have been carefully
n checked and are submitted as correct and final.
Submitted on -`1 2013
By:11ro Titlee S i i
If BIDDER Is
An Individual
By
(Seal
doing business as
Business address:
Phone No:
(Individual's Name)
A Partnership
By
(Seal)
(Firm Nan1e)
(General Partner)
Business address:
Phone No:
7
I
V
A Corporatlon
By Ls, D Con�ax-Aoirs,
(Corporation Name)
(State of Incorporation)
By.
s� ` (Name of persons authorized to sign)
-4 (Title)
(Corpora t ,Sal)
Attest /�
(Secretary)
BUslness address: d Roy S 9 a
Phone No; (T36) 91L,1 - )OOo
A Joint. Venture
By .
(Name)
(Address)
By (Name)
( Address)
(Each Joint;venture must sign: The manner.of signing for each individual, partnership and
corporation that Is a party to. the Joint venture should be In the manner indicated above.
8
JtJMC Don McCrary & Associates Inc Engineers and Surveyors
ADDENDUM EMO.1 (A -1)
SCHERTZ RURAL ROADS PHASE II
STREET IMPROVEMENT PROJECT:
Ware Seguin Road & Lower Seguin Road
This Addendum adds a bid item for the Geogrid Layer to the pavement section for Ware Seguin
Road.
Bidders must substitute the attached Proposal "Page 3 -Al" in lieu of the "Pago 3" of the `Bid
Proposal' section of the Bid Documents, and acknowledge inclusion of the Addendum No. I in
your Bid
If you have any questions please call Don McCrary and Associates at (210)349 -2651
Project No. 11011
May 2013
Prepared By
'J
Don McCrary and Associates Inc.
323 Breesport St.
San Antonio, TX. 78216 -2602
(210)349 -2651
(210)349 -2.653
323 Breesport St, San Anlonlo, Texas 78216.2602 Phone (210) 349.2651 Fax (210) 349 -2663
1--�'
KNOW ALL MEN BY THESE PRESENTS, that we D & D Contractors. Inc. as principal, hereinafter called the
"Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as
surety, hereinafter called the "Surety," are held and firmly bound unto City of Schertz as obligee, hereinafter called
the Obligee, in the sum of 5% of greatest amount bid Percent (5% GAB %) of the Amount Bid by Principal for the
payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for Schertz rural roads phase II street improvement project.
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified In said bld and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 3rd day of June, 2013
Bid Bond uncapped_leAdoc Rev 1.1.06
D & D Contractors. Inc.
(Principal)
BY: _�, ry mar
TITLE:'
ITLE: VICE�(Pg�4Qh�
SureTec'Insurance Company
In
BY: /�f �;j
Diane Matthews, Attorney -In -Fact
POA a; 4221022
SureTee Insurance Company
LIMITED POWER OF ATTORNEY
Knory All Dlen by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint ,.
_ . - .. .. . Michael S. AbaloV, Diane Matthews - - - - - - - • _ - -
its true and lawful Attorney -in -fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge
and deliver any and all bands, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confuming all that the said Aflomey -in -Fact may do in the -
premises. Said appointment shall continue in force until' 12131/2014 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice - President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and Is
hereby vested with.full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Pact to represenl and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or Indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instmments so executed by any such
Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved that die signature of any authorized officer and seal of the Company heretofore or hereafier affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to my bond or undertaking to which It is attached. (Adapted at a meeting held on 10 ofAprll,
1999.) ,
In Wloiess Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 3rd day of September, A.D. 2010.
SUMNOP SURETEC INS E C LvIPANY
4? X -CO
By:
w a John o Jr., resident
Slate of Texas ss: 7� .� 1 a r
County of Harris
On this 3rd day of September. A.D. 2010 before me personally came John Knox Jr., tome known, who, being by me duly swom, did depose and say, that
he resides in Houston, Texas, that he is President of SURBTEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that Ilia seal affixed to said instrument Is such corporate seal; ilia( It was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
,.•;li`�p� ,, JAC9UELYN MAL1011 ?0 U _
No 1. 1y PUblfc, Stale of Texas acq telyn 11Qaldo ode, Notary Public
„( !.,?' My Commission Expires
- Moy 18, 2013 y comm slon ex ' s May 18, 2013
I, M. Brent Bealy, Assislanl Secretory of SURETEC INSURANCE COiVIPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still In full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attomey are in full force and effect.
Given under my hand and the seal of said Company at Houson, Texas this 3r•1 __ day of d+ i s'rg)_3-_ _, A.D.
I
t Beaty,
Any Instrument Issued In excess of the penally stated above is totally vold and without any validity.
For verification of the authority of this power you may call (710) 812 -0800 any business day between 8:00 am and 6:00 pm CST.
F Sure ec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain Information or make a complaint: You may call the Surety's toll free telephone number for information or
to make a complaint at: 1- 866 - 732 -0099. You may also write to the Surety al:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1- 800 - 252 -3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714 -9104
Faxff: 512 - 475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for,
losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable
for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related
products or parts, nor for any environmental hazards, bio- hazards, hazardous materials, environmental spills,
contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the
performance of the bonded obligations, of the occurrence, existence, or appearance thereof.
Rev I. L06
PERFORMANCE
AND
PAYMENT BONDS
SureTec Insurance Company
1330 Post Oak Boulevard, Suite 1100
Houston, Tx 77056
713 - 812 -0800
TEXAS STATUTORY PERFORMANCE BOND
Bond No.:4376801
KNOW ALL MEN BY THESE PRESENTS:
THAT, D & D Contractors, Inc. (hereinafter called the Principal, and SureTec Insurance Company,
a corporation organized and existing under the laws of the State of Texas, licensed to do business in the
State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly
bound unto City of Schertz (hereinafter called the Obligee), in the amount of Five hundred twenty thousand
seven hundred thirty six and no /100 Dollars ( $520,736.000�for the payment whereof, the said Principal and
Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the t10 day of
D 15 for Schertz rural roads phase ll, which contract is hereinafter referred to as the "Contract."
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform the work required by the Contract then this obligation shall be null and void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
the Texas Government Code and all liabilities on this bond shall be determined in accordance with the
provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
19th day of August, 2013.
Principal: D 8 Contractors, Inc.
By:
Surety: V SureTec Insurance Company
By: At ti
Diane Matthews Attorney -in -Fact
The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information
Rev. 1 -1 -06
PoAN: 4221022
SureTec Insurance Company
LIMITED POWER OF ATTORNEY bond 4376801
SBou, All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Michael S. Abelow, Diane Matthews
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to Include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the some extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 1213112016 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice- Prosident, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -hr -racl may be given full power and authority for and In the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or Indemnity and other conditions] or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's ]lability, thereunder, and any such instruments so executed by any such
Attorney -In -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of tho Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing faca]mlle signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20' g(April,
1999.)
In Witness Ifliereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D. 2013.
CWIP(
SURETEC INSURANCE COMPANY
By;
John I ox Jr; resident
Stele of Texas ss: County ofHaris JJJ
On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duty swam, did depose and say, that he
resides in Houston, Texas, that he Is President of SURETEC INSURANCE COMPANY, the company described In and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument Is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
�„crwyh JACOUELY14 MALOONAOO
Notary Nbrro
stale otTe.as
My Comm.EUp•611812017 Jacq clynMaldonado,NotaryPublic
My commission expires May 18, 2017
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and corect copy
of a Power of Attorney, executed by said Company, which Is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out In the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 19th day of August 2013 � A.D.
. Breift Benty,Asslstanttecretary
Any Instrument Issued In excess of the penalty slated above Is totally void and without any validity.
For verification of the authority of this poweryou may call (713) 812 -0800 any business day between 8:00 am and 6:00 pm CST.
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF GUADALUPE Bond Number:
KNOW ALL MEN BY THESE PRESENTS: That we of the City of Schertz, County of
Guadalupe, and State of Texas, as principle, and as suety, are help and firmly bound unto the
(Project sponsor), in the penal sun of Dollars
lawful money of (lie United States, well and truly to be paid to the (Project sponsor), and
we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firm by these presents.
Whereas, the above bounden principal has entered into the forgoing contract with the (Project
sponsor), attached hereto, and whereas, under the law said principle is required before commencing the work provided
for in said contract to execute a bond in the amount of said contract:
Now, therefore, the condition of this obligation is such that if the above bounden principle, his or its heirs, successors,
executors, and administrators shall well and faithfully do and perform each and every, all and singular, the work in
accordance with the plans, specifications, and contract documents as provided in said contract aforesaid, then this
obligation shall be null and void; otherwise to be and remain in full force and effect.
WITNESS our hands this the_ day of 20_.
PRINCIPLE (Print Firm Name)
By: Title:
Address:
SURETY
(Print Finn Name)
`By: Title:
Address:
*Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by -laws showing
the this person has authority to sign obligation. If signed by an Attorney In fact, we must have a copy of power of
attorney for our files.
(Print Firm Name)
Resident Agency of Surety.
*By.
Counter Signature of officer, director, principal or shareholder of the Resident Agent of Surety.
Title:
Address:
SureTec Insurance Company
1330 Post Oak Boulevard, Suite 1100
Houston, Tx 77056
713 -812 -0800
TEXAS STATUTORY PAYMENT BOND
(Public Works)
Bond No.: 4376801
KNOW ALL MEN BY THESE PRESENTS:
THAT, D & D Contractors, Inc. (hereinafter called the Principal), as principal, and SureTec Insurance
Company, a corporation organized and existing under the laws of the State of Texas, licensed to do
business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are
held and firmly bound unto City of Schertz (hereinafter called the Obligee), in the amount of Five hundred
twenty thousand seven hundred thirty six and no /100 Dollars ( $520.736.00 ) for the payment whereof, the
said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns, jointly and severally, firmly by these presents. r�
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the J& •day of
01 for Schertz rural roads phase 11, which contract is hereinafter referred to as the "Contract."
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 null and void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
the Texas Government Code and all liabilities on this bond shall be determined in accordance with the
provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
19th day of August, 2013.
Principal: D & 0 Contractors Inc.
By.
Surety: QS eTec Insurance Company
By: Wig —
Diane Matthews Attorney -in -Fact
The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information
Rev. 1 -1 -06
PoAN: 4221022
SureTec Insurance Company
LIMITED POWER OF ATTORNEY bond 4376801
%note All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint -
Michaef S. Abelow, plane Matthews
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to Include waivers to the
conditions of contracts and consents of surety for:
Five Millldn and 00 /100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as If such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 12/3112016 and Is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be It Resolved that the President, any Vice- President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions: -
Attorneydn -Fact may be given full power and authority for and In the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or Indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be It Resolved that the signature of any authorized oHlcer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 ofAprll,
1999.)
In WJhress fYhereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D. 2013.
s AnNO SURETEC INSURANCE COMPANY
(VOBy. John ] ox resident
State Count of ar ss: j
County of Harris
On this 21st day of Much, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described In and which executed the above
tustrnmenl; that be knows the seal of said Company; that the seal affixed to said instrument Is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
�. ft, JACQUELYN MALDONADO
Notary Public
Stele olTavas
MyC— ,Exp,511612m7 JacqYielyn Maldonado,NotaryPublic
My commission expires May I8, 2017
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are In full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 19th day of August 2013 _ , A.D.
.Bra tBeaty,Assistant 'ecretaty
Any Instrument Issued In excess of the penalty staled above Is totally void and without any validity.
For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST.
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
Bond Number:
KNOW ALL MEN BY THESE PRESENTS: That we of the City of
, County of , and State of , as principle, and as
Surety, are held and firmly bound unto the (Project sponsor), in the penal sum of
Dollars , lawful money of the United States, well and truly to be paid to the
(Project sponsor), and we bind ourselves, our heirs, successors, executors, and
administrators, jointly and severally, firmly by these presents.
Whereas, the above bounden principal has entered into the forgoing contract with the
(Project sponsor), attached hereto, and whereas, under the law said principle is required
before commencing the work provide for in said contract to execute a bond in the amount of said contract solely for the
protection of all claimants supplying labor and materials as defined by law, in the prosecution of the work provided for
in said contract, for the use of each such claimant;
Now, therefore, the condition of this obligation is such that if the above bounden principle, his of its heirs, successors,
executors, and administrators shall well and faithfully make payments to each and every claimant as defined by law,
supplying labor and materials as defined by law, in the prosecution of the work provided for in said contract aforesaid,
then this obligation shall be null and void; otherwise to be and remain in full force and effect.
WITNESS our hands this the day of 20_
1 PRINCIPLE (Print Firm Name)
By: Title:
Address:
SURETY
(Print Firm Name)
*By.
Title:
Address:
*Note: If signed by and officer of the Surety Company there must been file a certified extract from the by -laws showing
the this person has authority to sign obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our rites.
Resident Agency of Surety
(Print Firm Name)
*By
Counter Signature of officer, director, principal or shareholder of the Resident Agent of Surety.
Title:
Address:
CERTIFICATE
OF
INSURANCE
"� ° CERTIFICATE OF LIABILITY INSURANCE
D )
TYPE OF INSURANCE
/6 /2VDD3
5/6/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the farms and conditions of the policy, certain policies may require an endorsement. A statement on this certificato does not confer rights to the
certificate holder In lieu of such endorsement(a).
PRODUCER
CO 10. or Seth Abelow
IIA
INSt1RICA
1100 N. E. Loop 410
Suite 200
San Antonio TX 78209
oxE ,(210)525 -0500 C He, (866)652-9386
u IL .eabelowOINSURICA.com
INSURERS AFFORDING COVERAGE
NAIO0
INSUIERAFCCI Insurance Com an
0178
INSURED
INSURER BNational Trust Insurance CO.
20141
D & D Contractors, Ina.
INSURERcNonroe Guaranty, Insurance Co.
32506
P. O. Box 592
INSURER D:
/1/2013
INSURER E:
PREMISES ET a occurrence)
E 100,000
Sohertz TX 78154
INSURERF:
PERSONAL S AOV INJURY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LSR
-Et
TYPE OF INSURANCE
OLIC UMBER
P�pCYEFF
OLICYEXP
U
LIMITS
GENERAL LIABILITY
EACHOCCURRENCE
E 1,000,000
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
PP0016367
/1/2013
/1/2014
PREMISES ET a occurrence)
E 100,000
MEDEXPAnyone non)
E 5,000
PERSONAL S AOV INJURY
E 1,000,000
OENERALAGGREGATE
E 2,000,000
GEHL AGGR EGATE LIMIT APPLIES PER:
POLICY PRO- Lae
PRODUCTS- COMPA)P AGO
E 2,000 00O
E
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
AUOWNED SCHEDULED
AUTOS AUTOS
HIREOAUTOS X AUTOS
0023735
/1/2013
/1/2014
COMBINED SINGLE LIMIT
Ea aalde I
1 000 000
BODILY INJURY (Per Person)
E
BODILY INJURY Pw sake
1
E
X
PROPERTY DAMAGE
e e
E
E
X
UMBRELLAUAB
X
OCCUR
EACH OCCURRENCE
E 5,000,000
B
EXCESS LEAD
CVJMS -MADE
1
L0016392
/1/2013
/1/2014
AGGREGATE
S 5,000,000
DED I X I RET 1 N 10,000
E
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOWPARTNE111)(ECUTNE
OFFICER/MEMSER EXCLUDED? Li
(Mandatory In NN)
0ySCRIIPTION Mar
DESG,ItIPTION OF OPERATIONS belw,
NIA
C00002064
/1/2013
/1/2014
WCSTATU O N
X FEE
E.L. EACH ACCIDENT
E 11000.0001
E.L DISEASE - FA EMPLOYE
E 1 000 000
El DISEASE.POLICYLIMIT
E 1.000100(
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 107, Addlllonal Remark, Schedule, If Awre apace to acquired)
The City of Sohertz is provided additional insured Statue with regards to General Liability endorsement
CO 2010 (10 /01) only when there is a written contract between the named insured and the certificate
holder that requires such statue. The Automobile policy includes a blanket automatic additional insured
endorsement that provides additional insured statue to the certificate holder only when there is a
written contraot between the named insured and the certificate holder that requires such status.
City of Sohertz
1400 Sohertz Parkway
Sohertz, TX 78154
ACORD 26 (201
INS02R r2nlrn5l m
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS. -
AUTHORIMO REPRESENTATIVE
Blair, CIC /RRARTI
011988-2010A0
Th. Ar.npn namn and Innn am rnnlafarnd moron of Ar.npn
reserved.
(Attach Certificate Here)
NOTICE
OF
.._:�
NOTICE OF AWARD
Dated: Zk q -13 - � d/, j
TO: D & D Contractors. hic.
(BIDDER)
ADDRESS: P.O. Box 592
Schertz, TX 78154
CONTRACT FOR RURAL ROADS PHASE H STREET IMPROVEMENT PROJECT
6
The Contract Price of your contract is $ ai rnr � S'� —
Four copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of
Award.
You must comply with the following conditions precedent within fifteen days of the date of this
Notice of Award, which is by,�, 2013.
1. You must deliver to the OWNER four fully executed counterparts of the Agreement including
all the Contract Documents.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten days after you comply with those conditions, OWNER will return to you one fully signed
counterpart of the Agreement with the Contract Documents attached.
Don McCrary & Associates, Inc,
President
(TITLE)
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
By _ D & D Contractors, Inc. XG
this the pp Ad day of XD �• 2WJ
By kl"
Title .6�iL+•7�m/
NOTICE
TO
PROCEED
NOTICE TO PROCEED
To: D & D Contractors, Inc. Date: �� Ito ZD/ 3
P.O. Box 592 Project: RURAL ROADS PHASE II
Schertz, TX 78154 STREET IMPROVEMENT
PROJECT
For: The City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
You are hereby notified that the Contract Time under the above contract will commence to run on
2013. By the date, you are to start performing your obligations under the
Cont act Documents. As per our agreement, the dates of Substantial Completion and Final
Completion are 1494,' Z -5 , 2013 and / Z //� �i'� 2013, respectively.
Before you may start any work at the site, section 2.05 of the General Conditions provides that you
and Owner must each deliver to the other (with copies to Engineer) certificates of insurance which
each is required to purchase and maintain in accordance with the Contract Documents.
Also before you may start any work at the site you must contact The City Engineers Office:
Don McCrary & Associates, hic.,
323 Breesnort St.
San Antonio, TX 78216
C
Don McCrary
Title President
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged by
D & D Contractors, Inc.
this the /A day
of S 2013
By ge,,.o
Title
GENERAL
CONDITIONS
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMTTTEE
and
Issued and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division ofthe
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 Contractors of America
Construction Specifications Institute
EICDC No. 1910- 8(1996 Edition)
Copyright 01996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 151h Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 471h Street, New York, NY 10017
GENERAL CONDITIONS 00700 -2
TABLE OF CONTENTS
Paee
ARTICLE 1 - DEFE41TIONS AND TERMINOLOGY ...............................................................................................
..............................6
1.01 Defined To ms ...............................................................................................................................
..............................6
1.02 Terminol ogv ...................................................................................................................................
..............................8
ARTICLE2 - PRELIMINARY MATTERS .................................................................................................................
..............................9
2.01 Delivey ofBoids ..........................................................................................................................
..............................9
2.02 Copies ofDocmuents ....................................................................................................................
..............................9
2.03 Comnenceme i of Contract Times; Notice to Proceed .........................................................
..............................9
2.04 Starling the Work .........................................................................................................................
..............................9
2.05 Before Starling Construcl ion .....................................................................................................
..............................9
2.06 Precmnslruction Conference ......................................................................................................
............................... 10
2.07 bdiial Acceptance ofSchedndes ..................................................................................................
.............................10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AlvfENDING, REUSE ............. - ................................................ ....................... 10
3.01 Intent ................................................................................................................................................ .............................10
3.02 Reference Standards ................................................................................................................... ............................... 10
3.03 Reporting and Rasohdng Discrepancies ................................................................................... ............................. 10
3.04 Amending and Supplementing Contract Documents ............................................................ ............................... 11
3.05 Reuse ofDomameas ....................................................................................................................... .............................11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS.................................................................................................................................................. ............................... 11
4.01 Avallabill(v ofLamis ..................................................................................................................... .............................11
4.02 Subset face and Pigslcal Conditions ....................................................................................... ............................... 12
4.03 Differing Subsurface or Physical Conditions ........................................................................... .............................12
4.04 Underground Facilit ies ............................................................................................................. ............................... 13
4.05 Reference Pohus .......................................................................................................................... ............................... 13
4.06 Hazm dons En vironme tal Condition at Site ......................................................................... ............................... 14
ARTICLE5 - BONDS AND INSURANCE .................................................................................................................. .............................15
5.01 Peformonce, Payment, and Other Bonds ................................................................................. .............................15
5.02 Licensed Sureties and Insurers ................................................................................................... .............................15
5.03 Cerill7cates ofbisnrance .............................................................................................................. .............................15
5.04 CONTRACTOR' Liabillq, Insurance ........................................................................................ .............................15
5.05 OWNER'S Liablli)- Insurance ..................................................................................................... .............................16
5.06 Property Insurance ........................................................................................................................ .............................16
5.07 Waiver of ftlas ............................................................................................................................. .............................17
5.08 Receipt mid Applicailon of Insurance Proceeds ................................................................... ............................... 18
5.09 Acceptance of Bonds and btsa•ance: Option to Repl ace ..................................................... ............................... 18
5.10 Parlial Utilization, Acknowledgment of Proper(v I asurer .................................................... .............................18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ........................ ..................................................................... ..............................I S
6.01 Supervision and Superintendence ............................................................................................. ............................. 18
6.02 Labor; Woking Hours ............................................... I.................................................................. .............................19
6.03 Services. Materials, and Equipment .......................................................................................... .............................19
6.04 Progress Schedul e ......................................................................................................................... .............................19
6.05 Substitutes and "Or- Equals" ...................................................................................................... .............................19
6.06 Concerning Subcontractors, Suppliers. and Others ............................................................. .............................21
GENERAL CONDITIONS
00700 -3
6.07 Patent Fees aid Rovallies ...........................................................................................................
.............................21
6.08 Permits ..........• ......................•.•.....................................................................................................•...
.............................22
6.09 Laws and Regulationns ..................................................................................................................
.............................22
6.10 Tares .......................•.....•.•.................•.........•....................................................................................
.............................22
6.11 Use ofSile and Othe' Areas ................................................................
.........;.................•............. .............................22
6.12 Record Docunents ..............•................•..............................................................•................
.............................22
6.13 Safety and Protection ........................•................•................•...................•.....•.........................•....
.............................23
6.14 8*% v Repr esentallve .................................................................................................................................................
23
6.15 Hazard Communication Programs ...........................................................................................................
...............23
6.16 Emergencies ....................................................... ..........................................................................................................
23
6.17 Shop Drawings and Sampl es ....................................•..........•...................................•...................
.............................24
6.18 Continuing the Work ...................................................•................................................................
.............................25
6.19 CONTRACTOR's General Warrant' and Guaronlee ...........................................................................................
25
6.20 Indemnification .............. ............................... •.....................................................•.................
............................... _.....25
ARTICLE 7 - OTHER WORK
7.01 Related Work of Site ............................................................................................................ ......... .............................26
7.02 Coordination ..................... .......................................................................................................................................... 26
ARTICLE 8 - OWNER'S RESPONSIBILITIES ................................................................................•..........................
8.01 Conmunnicalions to Conlractor ...................................•..............................................................
.............................27
.............................27
8.02Replacennent of ENGINEER .........................................................................................................
.............................27
8.03 Furnish Data ...............•..................................................................................................................
.............................27
8.04 Pav Promptly When Due ...............................................................................................................
.............................27
8.05 Lauds and Easements; Reports and Tests ................... . ..........................................................................................
27
8.06 Insurance ................ •..................... ............................... •..................................................................
.............................27
8.07 Change Orders ......................................•...................................................•.................•.........•........
.............................27
8.08 Inspections, Tests, and Approvals .................................•.........................................•..................
.............................27
8.09 Limitations at OWNER's Responsibil ities ................................................................................
.............................27
8.10 Undisclosed Hazardous Environmental Condition ................................................................
.............................27
8.11 Evidence of Financial Arranngements ..................................................................•....•..........•.....
.............................27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ......................................................................•..
.............................27
9.01 OIYNER'S Representative .......................................... ...............................................................................................
27
9.02 Visits to Site ......................................•.....•................•....................•.................•...............................
.............................28
9.03 Project Representative ..................................•................................................•......•.....•.................
.............................28
9.04 Clarifications and Interpretation s ........................................................................•....................
.............................28
9.05 Authorized Variations in Work .......................................•...............•...........................................
.............................28
9,06Rejecting Defective Work .............................................•...............................................................
.............................29
9.07 ShopDravhngs. Change Orders and Payments ...... - ... • ........... ................................................
.............................29
9.08 Determinations fo' Unit Price IVo' k .................................................................................•..
.............................28
9.09 Decisions on Requirements of Contract Documents and Acceplabilitp of f York ...............
.............................28
9.10 Limitations on ENGINEER's Authority and Responsibilities ...............................................
.............................28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ....................................................... • ..... ................. ....... .....
. ... • ......... ..... . .............. 29
10.01 Authorized Changes In the Work ............................................. .•. ..... ... ............. . .........................
. ... ...• ... .... ............. 29
10.02 Unauthorized Changes in the Work ......................................................................................... .............................29
10.03 Execution of Change Orders ............................................................................................•........ .............................30
10.04 Nolywalionn to Su' elv ......................... • ......... ..... ..... . ................. . ........... ........• ... . .... . .................................... ............. 30
10.05 Claims and Disputes ............................... ............................................................... . ................................. . .... .. ... -- -40
ARTICLE 11 - COST OF THE WORK; CASE ALLOWANCES; UNIT PRICE WORK ....................................... .............................30
11.01 Cost ofthe work ................................................................................................•.....•.................... .............................30
GENERAL CONDITIONS 00700.4
11.02 Cash Allowances
11.03 Unit Price WarA .,
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ....................................... .............................33
12.01 Change of Contract Price .......................................................................................................... .............................33
12.02 Change ofContr•acl Times ......................................................................................................... .............................34
12.03 Delays Beyond CONTRACTORSs Conn• ol ............................................................................... .............................34
12.04 Delays Within CONTRACTORS Control ................................................................................ ......................:......34
1205 Delays Bevond OIIWER's and CONTRACTORS Conn- ol .............................................. .............................34
12.06 Delnv Darrrages ............................................................................................................................ .............................34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
13.01 Notice of Defects ............... ...............................
13.02 Access to Wor4. .................. ...............................
13.03 Tests and hrspectlons ....... ...............................
13.04 Uncovering Wor• A .............. ...............................
13.05 OWNER Mnv Slop floe 14rorA• ..........................
13.06 Correction ar Removal of Defective II'ork ,.
13.07 Correction Period ............ ...............................
13.08 Acceptance ofDefeclive IYor•A .......................
13.09 OWNER May, Correct Defective WorA..........
ARTICLE 14 - PAYME:NTS TO CONTRACTOR AND COMPLETION ................................................................
.............................37
14.01 Schedule of Values ......................................................................................................................
.............................37
14.02 Progress Payments ......................................................................................................................
.............................37
14.03 CONTRACTOR's Warranty of Title ..........................................................................................
.............................38
14.04 Substaruial Completion .............................................................................................................
.............................39
14.05 Partial Utilization .......................................................................................................................
.............................39
14.06 Final / nspection ...........................................................................................................................
.............................39
14.07 Final Payme» t .............................................................................................................................
.............................40
14.08 Final Completion Delayed.................... ......................... .............. I ..................................................................
40
14.09 Walver of Clahns ..........................................................................................................................
.............................41
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ...........................................................................
15.01 OWNER May Suspend Work ...................................................................................................
.............................41
.............................A1
15.02 OWNER May Terminate for• Cause ...........................................................................................
.............................41
15.03 OWNER May Terminate For Convenience .............................................................................
.............................41
15.04 CONTRACTOR AMY Stop Work or Ter•r ninale ........................................................................
.............................42
ARTICLE16 - DISPUTE RESOLUTION ..................................................................................................................... .............................42
16.01 Methods and Procedures ............................................................................................ .................... .. ... . . ..... 49
ARTICLE17 - MISCELLANEOUS ............................................................•.................................................................. .............................43
17.01 Giving Notice ............................................................................................................................... .............................43
17.02 Compniadon of Times ................................................................................................................. .............................43
17.03 Cumulalive Re medies .................................................................................................................. .............................43
17.04 Surrival of Obligations .............................................................................................................. .............................43
17.05 Conivolling Law .......................................................................................................................... .............................43
GENERAL CONDITIONS 00700 -5
GENERAL CONDITIONS
ARTICLE I - DEFINITIONS AND TEI INOLOGY
1.01 Defined Tenns
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are
applicable to both the singular and plural thereof.
1. Addenda -- Written or graphic instruments
issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the Contract
Documents.
2. Agreement- -The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Pnvntemt- -The form
acceptable to ENGINEER which is to be used by CON-
TRACTOR during the course of the Work in requesting
progress or final payments and which is to be accompa-
nied by such supporting documentation as is required by
the Contract Documents.
4. Asbestos- -Any material Ihal contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United Stales Occupational Safety and
Health Administmlfon.
5. Bid- -The offer or proposal of a bidder
submitted on the prescribed form setting forth the prices
for time Work to be performed.
6. Bidding Documents- -The Bidding
Requirements and the proposed Contract Documents (in-
cluding all Addenda issued prior to receipt of Bids).
7. Bidding Requirements- -The Advertisement
or Invitation to Bid, Instructions to Bidders, Bid security
Firm, if any, and file Bid form with any supplements.
8. Bonds -- Performance and payment bonds and
other instruments of security.
9. Change Order - -A document recommended
by ENGINEER which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion, or revision
in the Work or nn adjustment in the Contract Price or the
Conlmel Times, issued on or after the Effective Date of the
Agreement.
10. Claim. -A demand or assertion by OWNER
or CONTRACTOR seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with
respect to the lenms of the Contract. A demand for money
or services by a third party is not a Claim.
11. Contract- -The entire and integrated written
agreement between life OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contact Documents- -The Contract Docu-
ments establish the rights and obligations of the parties
and include the Agreement, Addenda (which pertain to
the Contract Documents), CONTRACTOR's Bid (includ-
ing documentation accompanying the Bid and any post
Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to (lie Agreement, the
Notice to Proceed, the Bonds, these General Conditions,
the Supplementary Conditions, the Specifications and the
Drawings as lite same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER's written interpretations and clarifications
issued on or after the Effective Date of the Agreement.
Approved Shop Drawings and the reports and drawings
of subsurface and physical conditions are not Contract
Documents. Only printed or hard copies of the items
listed in this paragraph are Contract Documents. Files in
electronic media format of text, data, graphics, and the like
that may be furnished by OWNER to CONTRACTOR are
not Contract Documents.
13. Contract Price - -Tire moneys payable by
OWNER to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to time provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contract Tines- -The number of days or the
dates slated in the Agreement to: (i) achieve Substantial
Completion: and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER's written
recommendation of Final payment,
15. CONTRACTOR —The individual or entity
with whom OWNER has entered into the Agreement.
GENERAL CONDITIONS 00700 -6
16. Cost of the Work- -See paragraph I I.01.A for
definition.
17. Drawings- -That pan of the Contract
Documents prepared or approved by ENGINEER which
graphically shows the scope, extent, and characler of the
Work to be performed by CONTRACTOR. Shop
Drawings and other CONTRACTOR submittals are not
Drawings as so defined.
18. Effective Dare of the Agreement —The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the dale oil which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
19. ENGINEER - -The individual or entity named
as such in the Agreement.
20. ENGINEER's Consultant —An individual or
entity having a contract with ENGINEER to fumish
services as ENGMEER's independent professional
associate or consultant with respect to the Project and
who is identified as such in the Supplementary
Conditions.
21. Field Order - -A written order issued by
ENGINEER which requires minor changes in the Work but
which does not involve a change in (lie Contract Price or
the Contract Times.
22. General Requiremants -- Sections of Division
1 of the Specifications. The General Requirements pertain
to all sections of the Specifications.
23. Hazardous Environmental Condilion- -The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection Willi the Work.
24. Hazardous lVaste- -The term Hazardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended farm lime to lime.
25. Laws and Regulations; Laos or Regulal-
ions- -Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental
bodies, agencies, authorities, and courts having
jurisdiclion.
GENERAL CONDITIONS
26. Liens -- Charges, security interests, or
encumbrances upon Pmjcct funds, real property, or
personal property.
27. Milestone - -A principal event specified in the
Contract Documents relating to an intermediate comple.
tion date or time prior to Substantial Comp lelion of all the
Work.
28. Notice of Award- -The wri0en notice by
OWNER to the apparent successful bidder stating that
upon timely compliance by the apparent successful bidder
Willi the conditions precedent listed therein, OWNER will
sign and deliver the Agreement.
29. Notice to Proceed - -A written notice given
by OWNER to CONTRACTOR fixing the date on which
the Contract Times will commence to ran and on which
CONTRACTOR shall start to perform the Work under the
Contract Documents.
30. OWNER- -The individual, entity, public body,
or authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be performed.
31. Partial Utilization - -Use by OWNER of a
substantially completed pail of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs — Polychlorinated biphenyls.
33. Penroleunt-- Peroleur, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non- Hazardous Waste
and crude oils.
34. Project —The total construction of which the
Work to be perfomned under [lie Contract Documents may
be the whole, or a part as may be indicated elsewhere in
the Contract Documents.
35. Project Manual - -The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is contained
in file Inble(s) of contents.
00700 -7
36. Radioactive Material -- Source, special
nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 2011 el seq.) as
amended from time fo time.
37. Resideiri Project Repi•esenlalive- -The autho-
rized representative of ENGINEER who may be assigned to
file Site or any part thereof.
38. Samples--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. Sire - -Lands or areas indicated in the
Contract Documents as being furnished by OWNER upon
which file Work is to be perforated, including rights -of-
way and easements for access thereto, and such other
lands furnished by OWNER which are designated for Ilse
use of CONTRACTOR.
41. Specifications- -That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontraclor - -An individual or entity
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at (lie Site.
43. Subsrnnilal Completion—The time at which
the Work (or a specified part thereof) lies progressed to
the point where, in fife opinion of ENGINEER, the Work
(or a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terns
"substantially complete" and "substantially completed' as
applied to all of- part of the Work refer- to Substantial
Completion thereof.
44. Supplenrenran- Conditions —That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier - -A manufacturer, fabricator, suppli-
er, distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontraclor.
46. Underground racililies - -All underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
larks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
47. Unit Price Work --Work to be paid for on the
basis of unit prices.
48. Work- -The entire completed construction or
the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work
includes and is the result of performing or providing all
labor, services, and documentation necessary to produce
such construction, and fumishog, installing, and
incorporating all materials and equipment into such
construction, all as required by the Contract Documents.
49. Work Change Dirccrive--A written
statement to CONTRACTOR issued on or after the
Effective Date of the Agreement and signed by OWNER
and recommended by ENGINEER ordering an addition,
deletion, or revision in time Work, or responding to
differing or unforeseen subsurface or physical conditions
under which the Work is to be performed or to emergen-
cies. A Work Change Directive will not change the
Contract Price or the Contract Times but is evidence that
rite parties expect that the change ordered or documented
by a Work Change Directive will be incorporated in a
subsequently issued Change Order following negotiations
by the parties as to its effect, if any, on the Contract Price
or Contract Times.
50. Written Aruendmeru - -A written statement
modifying the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction- related
aspects of the Contract Documents.
GENERAL CONDITIONS 00700 -8
1.02 Terminology
A. lnlou of Certain Terms or Adjeclives
1. Whenever in the Contract Documents the
terns "as allowed," "as approved," or terms of like
effect or import are used, or the adjectives
"reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or adjectives of like effect or import are
used to describe an action or determination of
ENGINEER as to [he Work, it is intended that such
action or determination will be solely to evaluate, in
general, the completed Work for compliance will, the
requirements of and information in the Contract
Documents and conformance with the design concept
of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The
use of any such term or adjective shall not be effective
to assign to ENGINEER any duty or authority to
supervise or direct the performance of the Work or
any duly or authority to undertake responsibility
contrary to (lie provisions of paragraph 9.10 or any
other provision of the Contract Documents.
B. Dnv
1. The word "day" shall constitute a
calendar day of 24 hours measured from midnight
to The next midnight.
C. Defective
1. The word "defective," when modifying
the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in [hat it does
not conform to the Contract Documents or does
not meet the requirements of any inspection,
reference standard, test, or approvnl referred to in
the Contract Documents, or has been damaged
prior to ENGINEER's recommendation of final
payment (unless responsibility for line protection
thereof has been assumed by OWNER at
Substantial Completion in accordance with
paragraph 14.04 or 14.05).
D. Furnish, Install. Per form, Provide
I. The word "furnish," when used in
connection with services, materials, or equipment,
shall mean to supply and deliver mid services,
materials, or equipment to the Site (or sonic olher
GENERAL CONDITIONS
specified location) ready for use or installation and
in usable or operable condition.
2. The word "install," when used in
connection Willi services, materials, or equipment,
shall mean to put into use or place in final position
said services, materials, or equipment complete and
ready for intended use.
3. The words "perforin" or "provide,"
when used in connection with services, materials,
or equipment, shall mean to famish and install said
services, materials, or equipment complete and
ready for intended use.
4. When "f imish, "install," "perform," or
"provide" is not used in connection will, services,
mnterials, orequipmem in a context clearly requiring
an obligation of CONTRACTOR, "provide" is
implied.
E Unless stated otherwise in the Contract Docu-
meals, words or phrases which have a well -known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
ARTICLE 2 • PRELIMINARY MATTERS
2.01 Delivery ofBords
A. When CONTRACTOR delivers the executed
Agreements [o OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be
required to furnish.
2.02` Copies ofDocumenis
A. OWNER shall famish to CONTRACTOR up to
ten copies of llte Contract Documents. Additional copies
will be furnished upon request at (lie cost of reproduction.
2.03 Commencement of Cooll acl Times; Nolice to
Proceed
A. The Contract Times will commence to ran on the
thirtieth day after the Effective Date of the Agreement or,
if a Notice to Proceed is given, oil the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times coal.
00700 -9
mence to run later than the sixtieth day after the day of Bid
opening or the ihirlic(I) day after time Effective Date of the
Agreement, whichever date is earlier.
2.04 Starting the Weir*
A. CONTRACTOR shall start to perform the Work
on the date when the Contract Times continence to run.
No Work shall be done at the Site prior to the date on
which the Conlrac( Times comnence to run.
2.05' Before Stmving Construction
A. CONTRACTOR's Review of Contract Docn-
menis: Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures (herein and all applicable field measurements.
CONTRACTOR shall promptly report in writing to
ENGINEER any conflict, error, ambiguity, or discrepancy
which CONTRACTOR may discover and shall obtain a
written interpretation or clarification from ENGINEER
before proceeding with any Work affected thereby;
however, CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents
unless CONTRACTOR knew or reasonably should have
known thereof.
B. Preliminary Schedules: Within ten days after
the Effective Date of (he Agreement (unless otherwise
specified in the General Requirements), CONTRACTOR
shall submit to ENGINEER for its timely review:
I. a preliminary progress schedule indical.
ing Ilene times (numbers of days or dates) for start -
ing and completing the various stages of the Work,
including any Milestones specified in due Contract
Dochments;
2. a preliminary schedule of Shop Drawing
and Sample submittals which will list each required
submittal and [lie times for submitting, reviewing,
and processing such submittal; and
3. a preliminary schedule of values for all
of The Work which includes quantities and -prices
of
items which when added together equal One
Contract Price and subdivides the Work into
component pails in sufficient delail to serve as the
basis for progress payments during performance of
Ilse Work. Such prices will include all appropriate
amount of overhead and profit applicable to each
item of Work.
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, certificates of insurance (and other evidence of
insurance which either of them or any additional insured may
reasonably request) which CONTRACTOR and OWNER
respectively are required to purchase and maintain in
accordance with Article 5.
2.06 Preconsiruclion Conference
A. Within 20 days after the Contract Times start to
run, but before any Work at the Site is started, a
conference attended by CONTRACTOR, ENGINEER, and
others as appropriate will be held to establish a working
understanding among lie parties as to the Work and to
discuss the schedules referred to in paragraph 2.053,
procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
2.07 Inirial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at lens( ten days before submission of (lie first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.05.B. CONTRACTOR shall have an additional
ten days to make corrections and adjustments and to
complete and resubmit the schedules, No progress
payment shall be made to CONTRACTOR until acceptable
schedules are submitted (o ENGINEER,
1. The progress schedule will be accept-
able to ENGINEER if it provides an orderly
progression of the Work to completion within any
specified Milestones and the Contract Times. Such
acceptance will not impose on ENGINEER
responsibility for the progress schedule, for
sequencing, scheduling, or progress of the Work
nor interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor.
GENERAL CONDITIONS 00700 -10
2. CONTRACTOR's schedule of Shop
Drawing and Sample submittals will be acceptable
to ENGINEER if it provides a workable arrangement
for reviewing and processing the required
submittals.
3. CONTRACTOR's schedule of values
will be acceptable to ENGINEER as to form and
substance if it provides a reasonable allocation of
the Contract Price to component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01' Intent
A. The Contract Documents are complementary;
what is called for by one is as binding as if called for by
all.
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract Docu-
ments. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred Bom the
Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will
be provided whether or not specifically called for at no
additional cost to OWNER.
C. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
Article 9.
3.02 Re( rence Standards
A. Standards, Specifications, Codes, Laws. and
Regulations
L Reference to standards, specifications,
manuals, or codes of any technical society,
organization, or association, or to Laws or
Regulations, whether such reference he specific or
by implication, shall mean the standard,
specification, manual, code, or Laws or Regain tions
in effect at the time of opening of Bids (or on the
Effective Dne of the Agreement if there were no
Bids), except as may be otherwise specifically
stated in the Contract Documents.
2. No provision of any such standard,
specifiealion, manual or code, or any instruction of
a Supplier shall be effective to change the duties or
responsibilities of OWNER, CONTRACTOR, or
ENGINEER, or any of their subcontractors, consul-
tants, agents, or employees from those set forth in
the .Contract Documents, nor shall any such
provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or
authority to supervise or direct the performance of
(lie Work or any duty or authority to undertake
responsibility inconsistent with the provisions of -
the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
L If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambi-
guity, or discrepancy within the Contract
Documents or between Ilse Contract Documents
and any provision of any Law or Regulation
applicable to the performance of the Work or of
any standard, specification, manual or code, or of
any instruction of any Supplier, CONTRACTOR
shall report it to ENGINEER in writing in once.
CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as
required by paragraph 6.16.A) until an amendment
or supplement to the Conn-act Documents has been
issued by one of the methods indicated in
paragraph 3.04; provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity, or discrepancy unless CON-
TRACTOR knew or reasonably should have known
thereof.
B. ResolvingDiscrepancles
1. Except as may be otherwise specifically
stated in the Contract Documents, the provisions
of the Contract Documents shall take precedence in
resolving any conflict, error, ambiguity, or
discrepancy between tine provisions of the Con-
tract Documents and:
a. (lie provisions of arty standard,
specification, manual, code, or instruction
(whether or not specifically incorporated by
reference in the Contract Documents); or
GENERAL CONDITIONS 00700 -11
b. the provisions of any Laws or
Regulations applicable to the performance of
the Work (unless such an interpretation of the
provisions of the Contract Documents would
result in violation of such Law or Regulation).
3.04 Amending and Supplementing Contract
Documents
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the Work
or to modify the terms and conditions thereof In one or more
of the following ways: (1) a Written Amendment; (ti) a Change
Order; or 1101 a Work Chanee D rectivc.
B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more
of the following ways: (i) a Field Order; (ii) ENGINEER's
approval of a Shop Drawing or Sample; or (iii)
ENGINEER's written interpretation or clarification.
3.05 Reuse ofDocumenrs
A. CONTRACTOR and any Subcontractor or
Supplier or other individual or entity performing or
fumishing any of the Work under a direct or indirect
contract with OWNER: (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications, or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, Including electronic media
editions; and (ii) shall not reuse any of such Drawings,
Specifications, other documents, or copies thereof on
extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaption by ENGINEER This
prohibition will survive final payment, completion, and
acceptance of the Work, or termination or completion of
the Contract. Nothing herein shall preclude
CONTRACTOR from retaining copies of the Contract
Documents for record purposes.
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE
AND PHYSICAL CONDITIONS; REFERENCE POINTS
4.01 AvailabilityofLands
A. OWNER shall furnish the Site. OWNER shall
notify CONTRACTOR of any encumbrances or
restrictions not of general application but specifically
related to use of the Site with which CONTRACTOR must
comply in performing the Work. OWNER will obtain in a
timely manner and pay for easements for permanent
structures or permanent changes in existing facilities. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or on the amount or extent, if any, of any
adjustment in the Contract Price or Contract Times, or
both, as a result of any delay in OWNER's furnishing the
Site, CONTRACTOR may make a Claim therefor as
provided in paragraph 10.05.
B. Upon reasonable written request, OWNER shall
famish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which
the Work is to be performed and OWNER's interest
therein as necessary for giving notice of or filing a
mechanic's or construction lien against such lands In
accordance with applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
4.02* Subsurface and Physical Conditions
A.* Reports and Drawings: The Supplementary
Conditions identify:
I, those reports of explorations and tests
of subsurface conditions at or contiguous to the
Site Olat ENGINEER has used in preparing the
Contract Documents; and
2.. those drawings of physical conditions
in or relating to existing surface or subsurface
structures at or contiguous to the Silo (except
Underground Facilities) that ENGINEER has used
in preparing the Contraol Documents.
B. Limited Reliance by CONTRACTOR on
Technical Data Authorized: CONTRACTOR may rely
upon the general accuracy of the "technical data"
contained In such reports and drawings, but such reports
and drawings are not Contract Documents. Such "technl-
cal data" is identified in the Supplementary Conditions.
Except for such reliance on such "technical data,"
CONTRACTOR may not rely upon or make any Claim
against OWNER, ENGINEER, or any of ENGINEER's
Consultants with respect to:
1. the completeness of such reports and
drawings for CONTRACTOR's purposes, includ-
GENERAL CONDITIONS 00700 -12
ing, but not limited to, any aspects of the means, necessity of OWNER's obtaining additional exploration or
methods, techniques, sequences, and procedures tests will] respect Iherelo, and advise OWNER in writing
of construction to be employed by (will] a copy to CONTRACTOR) of ENGINEER's findings
CONTRACTOR, and safety precautions and and conclusions.
programs incident thereto; or
2. other data, interpretations, opinions,
and infonnation contained in such reports or
shown or indicated in such drawings; or
3. any CONTRACTOR integrrelalion of or
conclusion drawn from any "technical data" or any
such other data, interpretations, opinions, or infory
malion.
4.03 Differing SubsuifaceorPlivsica !Conditions
A. Notice: If CONTRACTOR believes Thal any
subsurface or physical condition at or contiguous to the
Site that is uncovered or revealed either:
1. is of such a nature as to eslablish that
- any "technical data" on which CONTRACTOR is
i entitled to rely as provided in paragraph 4.02 is
materially inaccurate; or
2. is of such a nature as to require a
change in the Contract Documents; or
3. differs materially from that shown or
indicated in the Contact Documents; or
4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of the
character provided for in the Contract Documents;
then CONTRACTOR shall, promptly after
becoming aware thereof and before further
disturbing the subsurface or physical conditions or
' performing any Work in connection therewith
(except in an emergency as required by paragraph
6.16.A), notify OWNER and ENGINEER in writing
about such condition. CONTRACTOR shall not
further disturb such condition or perform any Work
in connection therewith (except as aforesaid) until
receipt of written order to do so.
B. ENGINEER's Review: After receipt of written
notice as required by paagmph 4.03.A, ENGINEER will
promptly review the pertinent condition, determine the
C. Possible Price and Times Adjustments
1. The Contact Price or the Contract
Times, or both, will be equitably adjusted to the
extent that the existence of such differing
subsurface or physical condition causes an in-
crease or decrease in CONTRACTOR's cost of, or
time required for, performance of the Work;
subject, however, to the following:
a. such condition trust meet any one or
more of llte categories described in paragraph
4.03.A; and
b. with respect to Work that is paid for on
a Unit Price Basis, any adjustment in Contact
Price will be subject to the provisions of pars-
graphs 9.08 and 11.03.
2. CONTRACTOR shall not be entitled to
any adjustment in the Contact Price or Contract
Tines if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR
made a final commitment to OWNER in respect
of Contact Price and Contract Times by the
submission of a Bid or becoming bound under
a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed
as a result of any examination, investigation,
exploration, lest, or study of (1]e Site and
contiguous areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior to
CONTRACTOR's making such final com
mihnent; or
C. CONTRACTOR failed to give the
wri(ten notice within the time and as required
by paragraph 4.03.A.
3. If OWNER and CONTRACTOR are
unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract
Price or Contact Times, or both, a Claim may be
GENERAL CONDITIONS 00700.13
made therefor as provided in paragraph 10,05,
However, OWNER, ENGINEER, and ENGINEER's
Consultants shall not be liable to CONTRACTOR
for any claims, costs, losses, or damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution
costs) sustained by CONTRACTOR on or in
connection with any other project or anticipated
project.
4.04 Underground Facilities
A. Shown at- Indicated: The information and data
shown or indicated in the Contract Documents Willi
respect to existing Underground Facilities at or
contiguous to the Site is based on information and data
furnished to OWNER or ENGINEER by the owners of such
Underground Facilities, including OWNER, or by others.
Unless it is olhenvise expressly provided in the Sup-
plementary Conditions:
1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of
any such information or data; and
2. the cost of all of the following will be
included in file Contract Price, and CONTRACTOR
shall have full responsibility for:
a. reviewing and checking all such
information and data,
b. locating all Underground Facilities
shown or indicated in the Contract Documents,
C. coordination of [lie Work with the
owners of such Underground Facilities,
including OWNER, during construction, and
d. the safely and protection of all such
Underground Facilities and repairing any
damage thereto resulting from the Work.
B. Nor Shmvn or Indicated
I. If an Underground Facility is uncovered
or revealed at or contiguous to the Site which was
not shown or indicated, or not shown or indicated
Willi reasonable accuracy in the Contact
Documents, CONTRACTOR shall, promptly after
becoming aware thereof and before further
disturbing conditions affected thereby or
performing any Work in connection therewith
(except in an emergency as required by paragraph
6.16,A), identify the owner of such Underground
Facility and give written notice to that owner and
to OWNER and ENGINEER ENGINEER will
promptly review the Underground Facility and
determine the extent, if any, to which a change is
required in the Contract Documents to reflect and
document the consequences of the existence or
location of the Underground Facility. During such
time, CONTRACTOR shall be responsible for the
safety and protection of such Underground
Facility.
2. If ENGINEER concludes that a change in
the Contract Documents is required, a Work
Change Directive or a Change Order will be issued
to reflect and document such consequences. An
equitable adjustment shall be made in the Contract
Price of Contract Times, or both, to the extent that
they are attributable to the existence or location of
any Underground Facility that was not shown or
indicated or not shown or indicated with
reasonable accuracy in the Contract Documents
and that CONTRACTOR did not know of and
could not reasonably have been expected to be
aware of or to have anticipated. If OWNER and
CONTRACTOR are unable to agree on entitlement
to or on the amount or extent, if any, of any such
adjustment In Contract Price or Contract Times,
OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05" Reference Points
A. OWNER shall provide engineering surveys to
establish reference points forconslruction which in
ENGINEER's judgment are necessary to enable CON-
TRACTOR to proceed Willi llte Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect
and preserve the established reference points and
property monuments, and shall make no changes or
relocations without the prior written approval of OWNER.
CONTRACTOR shall report to ENGMEER whenever any
reference point or properly monument is lost or destroyed
or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference
points or property monuments by professionally qualified
personnel.
4.06 Hazardous Environunenlol Condition at Site
GENERAL CONDITIONS 00700 -14
A. Reporls and Drawings: Reference is made to the
Supplementary Conditions for the identification of those
reports and drawings relating to a Hazardous
Environmental Condition identified of the Site, if any, that
have been utilized by the ENGINEER in fire preparation of
the Contract Documents.
B. Lintfled Reliance by CONTRACTOR on
Technical Dolo Authorized: CONTRACTOR may rely
upon the general accuracy of the "technical data"
contained in such reports and drawings, bat such reports
and drawings are not Contract Documents. Such
"technical data" is identified in the Supplementary
Conditions. Except for such reliance on such 'technical
Mr." CONTRACTOR may not rely upon or make any
Claim against OWNER, ENGINEER or any of ENGINEER's
Consultants with respect to:
1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto; or
2, other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn front any "technical data" or any
such other data, interpretations, opinions or
information.
C. CONTRACTOR shall not be responsible for any
Hazardous Eilvironnmenlal Condition uncovered or re-
vealed a( the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work. CON-
TRACTOR shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by CONTRACTOR, Subcontractors,
Suppliers, or anyone else for whom CONTRACTOR is
responsible.
D. if CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone
for whom CONTRACTOR is responsible creates a
Hazardous Environmental Condition, CONTRACTOR shall
immediately: (i) secure or otherwise isolate such condition;
GENERAL CONDITIONS
(ii) stop all Work in connection with such condition and
in any area affected thereby (except in an emergency as
required by paragraph 6.16); and (iii) notify OWNER and
ENGINEER (and promptly thereafter confirm such notice in
writing). OWNER shall promptly consult with ENGINEER
concerning the necessity for OWNER to retain a qualified
expert to evaluate such condition or take corrective
action, if any.
E. CONTRACTOR shall not be required to resume
Work in connection with such condition or in any
affected area until alter OWNER has obtained any
required pewits related (hereto and delivered to
CONTRACTOR written notice: (i) specifying that such
condition and any affected area is or has been rendered
safe for the resumption of Work; or (ii) specifying any
special conditions under which such Work may be re-
sumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or on Ilse amount or extent, if
any, of any adjustment in Contract Price or Contract
Times, or both, as a result of such Work stoppage or such
special conditions under which Work is agreed to be
resumed by CONTRACTOR, either party may make a
Claim therefor as provided in paragraph 10.05.
F. If alter receipt of such written notice
CONTRACTOR does not agree to resume sucin Work
based on a reasonable belief it is unsafe, or does not agree
to resume such Work under such special conditions, then
OWNER may order the portion of the Work that is In the
area affected by such condition to be deleted front the
Work. If OWNER and CONTRACTOR cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the. Work, then either party
may make a Claim therefor as provided in paragraph 10.05.
OWNER may have such deleted portion of the Work
performed by OWNER's own forces or others in accor-
dance with Article 7.
G. To the filled extent permilled by Laws and
Regulations, OWNER shall indemnify and hold harmless
CONTRACTOR, Subcontmc(ors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and
subcontractors oFeach and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and outer professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition,
provided that such Hazardous Environmental Condition:
0) was not shown or indicated in the Drawings or
00700 -15
Specifications or identified in the Contract Documents to
be included within the scope of the Work, and (ii) was not
created by CONTRACTOR or by anyone for whom
CONTRACTOR is responsible. Nothing in this paragraph
4.06.E shall obligate OWNER to indemnify any individual
or entity from and against the consequences of that
individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents,
other consultants, and subcontractors of each and any of
them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by CONTRACTOR or by
anyone for whom CONTRACTOR is responsible. Nothing
in this paragraph 4.06.F shall obligate CONTRACTOR to
indemnify any individual or entity from and against the
consequences of that individual's or entity's own negli-
gence.
1. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01* Performance, Pavmenl, and Other Bonds
A. CONTRACTOR shall fumish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contact Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRAG
TOR shall also furnish such other Bonds as are required
by the Contract Documents.
B.* All Bonds shall be in the form prescribed by the
Contract Documents except as provided olhenvise by
Laws or Regulations, and shall be executed by such
sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All Bonds signed by an
agent must be accompanied by a certified copy of such
agent's authority to act.
C. If the surely on any Bond famished by CON-
TRACTOR is declared bankrupt or becomes insolvent or
its right to do business is terminated in any slate where
any part of the Project is located or it ceases to meet the
requirements of paragraph 5.0113, CONTRACTOR shall
within 20 days thereafter substitule another Bond and
surety, both of which shall comply with the requirements
of paragraphs 5.01.13 and 5.02.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the
Contract Documents to be purchased and maintained by
OWNER or CONTRACTOR shall be obtained from surety
or insurance companies that are duly licensed or
authorized in the jurisdiction in which the Project is
located to issue Bonds or insurance policies for the limits
and coverages so required. Such surety and insurance
companies shall also meet such additional requirements
and qualifications as may be provided in the Supple-
mentary Conditions.
5.03 CerilficaresofInsurance
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple.
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain, OWNER shall deliver to
CONTRACTOR, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by
CONTRACTOR or any other additional insured) which
OWNER is required to purchase and maintain,
5.04* CONTRACTOR'S Liability Insurance
A. CONTRACTOR shall purchase and maintain
such liability and other insurance as is appropriate for the
Work being performed and as will provide protection from
claims set forth below which rtay arise out of or result
from CONTRACTOR's performance of the Work and
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be perfomted by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
GENERAL CONDITIONS 00700 -16
perform any of the Work, or by anyone for whose acts any
of them may be liable:
1. claims under workers' compensation,
disability benefits, and other similar employee
benefit acts;
2, claims for damages because of bodily
injury, occupational sickness or disease, or death
of CONTRACTOR's employees;
3. claims for damages because of bodily
injury, sickness or disease, or death of any person
other than CONTRACTOR's employees;
4. claims for damages insured by
reasonably available personal injury liability
coverage which are sustained: (i) by any person as
a result of an offense directly or indirectly related
to the employment of such person by
CONTRACTOR, or (ii) by any other person for any
other reason;
5, claims for damages, other than to the
Work itself, because of injury to or destruction of
tangible property wherever located, including loss
of use resulting therefrom; and
6. claims for damages because of bodily
injury or death of any person or property damage
arising out of the ownership, maintenance or use of
any motor vehicle.
B. The politics of insurance so required by this
paragraph 5.04 to be purchased and maintained shall:
I. with respect to insurance required by
paragraphs 5.04.A.3 through 5.04.A.6 inclusive,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability) OWNER, ENGINEER, ENGINEER'..,
Consultants, and arty other individuals or entities
identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and
include coverage for the respective officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of
all such additional insureds, and the insurance
afforded to these additional insureds shall provide
primary coverage for all claims covered thereby;
2, include at least the specific coverages
and be written for not less than [Ile limits of liability
provided in the Supplementary Conditions or
required by Laws or Regulations, whichever is
greater;
3. include completed operations insurance;
4. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that
the coverage afforded will not be canceled, materi-
ally changed or renewal refused until at least thirty,
days prior written notice has been given to OWN
ER and CONTRACTOR and to each other addi-
tional insured identified in the Supplementary
Conditions to whom a certificate of insurance has
been issued (and the certificates of insurance
Furnished by the CONTRACTOR pursuant to
paragraph 5.03 will so provide);
6. remain in effect at least until final
payment and at all times thereafter when CON-
TRACTOR may be correcting, removing, or replac-
ing defective Work in accordance with paragraph
13.07; and
7. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remnin in effect for al least two
years after final payment (and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary Conditions, to
whom a certificate of insurance has been issued,
evidence satisfactory to OWNER and any such
additional insured of continuation of such
insurance at final payment and one year thereafter).
5.05 OWNER's Liabilih, Insurance
A.* In addition to the insurance required to be
pmvlded by CONTRACTOR under paragraph 5.04,
OWNER, of OWNER's option, may purchase and maintain
at ONTIER's expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
5.06* Properly hisurance
A. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
GENERAL CONDITIONS 00700 -17
insurance upon the Work at the Site in the amount of the
full replacement cost thereof (subject to such deductible
amounts as may be provided in (ite Supplementary
Conditions or required by Laws and Regulations). This
insurance shall:
I. include tite interests of OWNER, CON-
TRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and any other
individuals or entities identified in the
Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of
them, each of whom is deemed to have an insurable
interest and shall be listed as an additional insured;
2. be written on a Builder's Risk "all- risk"
or open peril or special causes of loss policy form
that shall at least include insurance for physical
loss or damage to the Work, temporary buildings,
raise work, and materials and equipment in transit,
and shall insure against at least the fallowing perils
or causes of loss: tire, lightning, extended
coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition
occasioned by enforcement of Laws and
Regulations, water damage, and such other perils
or causes of loss as maybe specifically required by
the Supplementary Conditions;
3. include expenses incurred in the repair
or replacement of any insured property (including
but not limited to fees and charges of engineers
and architects);
4. cover materials and equipment stored at
the Site or at another location that was agreed to in
writing by OWNER prior to being incorporated in
the Work, provided that such materials and equip-
ment have been included in an Application for
Payment recommended by ENGINEER;
5. allow for partial utilization of the Work
by OWNER;
6. include testing and startup; and
7. be maintained in effect until final pay-
ment is made unless otherwise agreed to in writing
by OWNER, CONTRACTOR, lard ENGINEER with
30 days written notice to each other additional
insured to whom a certificate or insurance has been
issued.
B.* OWNER shall purchase and maintain such boiler
and machinery insurance or additional property insurance
as may be required by the Supplementary Conditions or
Laws and Regulations which will include the interests of
OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall
he listed as an insured or additional insured.
C.* All the policies of insurance (and [lie certificates
or other evidence thereof) required la be purchased and
maintained in accordance with paragraph 5.06 will contain
a provision or endorsement that the coverage afforded will
not be canceled or materially changed or renewal refused
until at least 30 days prior written notice has been given to
OWNER and CONTRACTOR and to each other additional
insured to whom a certificate of Insurance has been issued
and will contain waiver provisions in accordance with
paragraph 5.07.
D.* OWNER shall not be responsible for purchasing
and maintaining any property insurance specified in this
paragraph 5.06 to protect the interests of CONTRACTOR,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identified in the Srtpple-
mentery Conditions. The risk of loss within such
identified deductible amount will be home by CON-
TRACTOR, Subcontractors, or others suffering any such
loss, and if any or them wishes properly insurance cover.
age within the limits of such amounts, each may purchase
and maintain it at the purchaser's own expense.
E.* If CONTRACTOR requests in writing that other
special insurance be included in the property insurance
policies provided under paragraph 5.06, OWNER shall, if
possible, include such insurance, and the cost thereof will
be charged to CONTRACTOR by appropriate Change
Order or Written Amendment. Prior to cormrencement of
the Work at the Site, OWNER shall in writing advise
CONTRACTOR whether or not such other insurance has
been procured by OWNER
5.07 Waiver ofRights
A.* OWNER and CONTRACTOR intend that all
policies purchased in accordance will, paragraph 5.06 will
protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consuhanls, and all other
GENERAL CONDITIONS 00700-18
individuals or entities identified in the Supplementary
Conditions to be listed as insureds or additional insureds
(mid the officers, directors, partners, employees, agents,
and other consultants and subcontractors of each and any
of (hem) in such policies and will provide primary cover-
age for all losses and damages caused by [lie perils or
causes of loss covered thereby. All such policies shall
contain provisions to the effect that in (he event of
payment of any loss or damage the insurers will have no
rights of recovery against any of [lie insureds or
additional insureds thereunder. OWNER and CONTRAC-
TOR waive all rights against each other and their
respective officers, directors, partners, employees, agents,
and other consultants and subcontractors of each and any
of them for all losses and damages caused by, arising out
or or resulting from any of the perils or causes of loss
covered by such policies and any other property
insurance applicable to the Work; and, in addition, waive
all such rights against Subcontractors, ENGINEER,
ENGINEER's Consultants, and all other individuals or
entities identified in the Supplementary Conditions to be
listed as insureds or additional insureds (and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them)
under such policies for losses and damages so caused.
None of the above waivers shall extend to the rights that
any party making such waiver may have to the proceeds
of insurance held by OWNER as trustee or otherwise
payable under any policy so issued.
B. OWNER waives all rights against
CONTRACTOR, Subconlractors, ENGINEER,
ENGINEER'S Consultants, and the officers, directors,
partners, employees, agents, and other consultants and
subcontractors of each and any of them for:
1. loss due to business interruption, loss
of use, or other consequential loss extending be-
yond direct physical loss or damage to OWNER's
property or the Work caused by, arising out of, or
resulting from fire or other peril whether or not
insured by OWNER; and
2. loss or damage to the completed Project
or part thereof caused by, arising out of, or
resulting Trout fire or other insured peril or cause of
loss covered by any property insurance maintained
on (Ire completed Project or pail thereof by
OWNER during partial utilization pursuant to
paragraph 14.05, after Substantial Completion
Pursuant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER
covering any loss, damage or consequential loss referred
to in paragraph 5.07.B shall contain provisions to the
effect that in the event of payment of any such loss,
damage, or consequential loss, the insurers will have no
rights of recovery against CONTRACTOR, Subcontrac-
tors, ENGINEER, or ENGINEER's Consultants and the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them.
5.08* Receipt andApp licarionoflnsuranceProceeds
A.* Any insured loss under (lie policies of insurance
required by paragraph 5.06 will be adjusted will, OWNER
and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.08.8. OWNER shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof, and the Work and
the cost thereof covered by an appropriate Change Order
or Written Amendment.
B.* OWNER as fiduciary shall have power to adjust
and settle any loss will, the insurers unless one of (lie
parties in interest shall object in writing within 15 days
after tine occurrence of loss to OWNER's exercise of (his
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as llte parties in interest may reach. If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers and, if required in writing by any party in
interest, OWNER as fiduciary shall give bond for the
proper performance of such duties.
5.09* Acceptance of Bonds and Insurance! option to
Replace
A.* If either OWNER or CONTRACTOR has any
objection to the coverage afforded by or other provisions
of the Bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5
on the basis of non- confortuance with the Contract
Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
GENERAL CONDITIONS 00700.19
certificates (or other evidence requested) required by
paragraph 2.05.C. OWNER and CONTRACTOR shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the Bonds and Insurance required of such party by the
Contract Documents, such party shall notify the other
Party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice
to any other right or - remedy, the other patty may elect to
obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued (o adjust the Contract Price accordingly.
5.10 Partial Uliilzalion, Ackuowlcdgment of
Property Insurer
A. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 14.05,
no such use or occupancy shall continence before the
insurers providing the property insurance pursuant to
paragraph 5.06 have acknowledged notice thereof and in
writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance
shall consent by endorsement on the policy or policies,
bill the property insurance shall not be canceled or
pemtilled to lapse on accent'( of any such partial use or
occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSBILITIES
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and
direct the Work competently and efficiently, devoting
such attention dhereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with
the Contract Documents. CONTRACTOR shall be solely
responsible for the means, methods, techniques,
sequences,
and procedures of construction, but CONTRACTOR shall
not be responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific
means, method, technique, sequence, or procedure of
constriction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR
shall be responsible to see that the completed Work
complies accurately with the Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident superin-
tendent thereto who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the Site and shall have
authority to act on behalf of CONTRACTOR. All
conununieations given to or received from the superin-
tendent shall be binding on CONTRACTOR
6.02 Labor; Working Hours
A. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out, and
construct the
Work as required by tine Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the S i te.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as olhenvise slated in the
Contract Documents, all Work al the Site shall be
performed during regular working hours, and CON-
TRACTOR will not permit overtime work or the
perfomtance of Work on Saturday, Sunday, or any legal
holiday without OWNER's written consent (which will not
be unreasonably withheld) given after prior written notice
to ENGINEER-
6.03 Services, Materials, rind Equipment
A. Unless olhenvise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, hent, telephone, water,
sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for tine performance,
testing, start -up, and completion of the Work,
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by tine Specifications shall expressly
GENERAL CONDITIONS 00700-20
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the source, kind,
and quality of materials and equipment. All materials and
equipment shall be stored, applied, installed, connected,
erected, protected, used, cleaned, and conditioned in
accordance with instructions of tine applicable Supplier,
except as otherwise may be provided in the Contract
Documents.
considered by ENGINEER as au "or- equal" item, it
which case review and approval of the proposed
item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all
of the requirements for approval of proposed
substitute items. For the purposes of this
paragraph 6.05.A.1, a proposed item of material or
equipment will be considered fling ionally equal to
an item so named if:
6.04 Progress Schedule a. in the exercise of reasonable judgment
ENGINEER delennines That: (i) it is at leas!
A. CONTRACTOR shall adhere to the progress equal in quality, durability, appearance,
schedule established in accordance with paragraph 2.07 as strength, and design characteristics; (ii) it will
it may be adjusted from time to time as provided below. reliably perfomr at least equally well the
function imposed by the design concept of the
I. CONTRACTOR shall submit to ENGI- completed Project as a functioning whole, and;
NEER for acceptance (to the extent indicated in
paragraph 2.07) proposed adjustments in the prog- b. CONTRACTOR certifies that: (i) (here is
ress schedule flint will not result in changing the no increase in cost to the OWNER; and (ii) it
Contract Times (or Milestones). Such adjustments will conform substantially, even with
will confnnn generally to the progress schedule deviations, to the detailed requirements of the
[hen in effect and additionally will comply with any item named in the Contract Documents.
provisions of the General Requirements applicable
thereto. 2. Subslimic Items
2. Proposed adjustments in the progress
schedule that will change tine Contract Times (or
Miles(ones) shall be submitted in accordance with
the requirements of Article 12. Such adjustments
may only be made by a Change Order or Written
Amendment in accordance with Article 12.
6.05 Subslilwes and "Or- Egaals"
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary Item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance, and
quality required. Unless the specification or description
contains or is followed by words reading (flat no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items of material or equipment or material
or equipment of other Suppliers may be submitted to
ENGINEER for review under the circumstances described
below.
1. "Or- Equal" /rears: If in ENGINEER's
sole discretion an item of material or equipment
proposed by CONTRACTOR is functionally equal
to that mimed and sufficiently similar so that no
change in related Work will be required, it may be
a. I f in ENGINEER's sole discretion an item
of material or equipment proposed by CON.
TRACTOR does not qualify as an "or- equal'
item under paragraph 6.05.A.1, it will be
considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient
infonriation as provided below to allow ENGI.
NEER to determine that tine item of material or
equipment proposed is essentially equivalent
to that named and an acceptable substitute
Therefor. Requests for review of proposed
Substitute items of material or equipment will
not be accepted by ENGINEER from anyone
other than CONTRACTOR.
c. The procedure for review by ENGINEER
will be as set forth in paragraph 6.05.A.2.d, as
supplemented in the General Requirements and
as ENGINEER may decide is appropriate under
the circumstances.
d. CONTRACTOR shall first make written
application to ENGINEER for review of a
proposed substitute item of material or
equipment that CONTRACTOR seeks to
furnish or use. 'The application shall certify
GENERAL CONDITIONS 00700 -21
that the proposed substitute item will perform
adequately the functions and achieve the
results called for by the general design, be
similar in substance to Ihal specified, and be
suited to the sane use as that specified. The
application will state the extent, if any, to which
the use of the proposed substitute item will
prejudice CONTRACTOR's achievement of
Substantial Completion on line, whether or not
use of the proposed substitute item in the
Work will require a change in any of the
Contract Documents (or in the provisions of
any other direct contract with OWNER for work
on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute
item in connection with, the Work is subject to
payment of any license fee or royalty. All
variations of the proposed substitute item from
that specified will be identified in the applica-
tion, and available engineering, sales,
maintenance, repair, and replacement services
will be indicated. The application will also
contain an itemized estimate of all costs or
credits that will result directly or indirectly from
use of such substitute item, including costs of
redesign and claims of other contractors
affected by any resulting change, all of which
will be considered by ENGINEER in evaluating
the proposed substitute item. ENGINEER may
require CONTRACTOR to famish additional
data about the proposed substitute item.
B. Subsliiufe Consh'ucifot hfetlnoels o,Procerhu.es:
If a specific means, method, technique, sequence, or
procedure of construction is shown or indicated in and
expressly required by the Contract Documents, CON-
TRACTOR may fumish or utilize a substitute means, meth-
od, technique, sequence, or procedure of construction
approved by ENGINEER. CONTRACTOR shall submit
sufficient information to allow ENGINEER, in ENGINEER's
sole discretion, to determine that the substitute proposed
is equivalent to that expressly called for by the Contract
Documents. The procedure for review by ENGINEER will
be similar to Ilia( provided in subparagraph 6.05.A,2.
C. Engineer's Evaluation: ENGINEER will be
allowed it reasonable time within which to evaluate each
proposal or submittal made pursuant to paragraphs 6.05.A
and 6.05.B. ENGINEER will be the sole judge of accept -
ability. No "or- equal" or substitute will be ordered,
installed or utilized until ENGINEER's review is complete,
which will be evidenced by either a Change Order for a
substitute or an approved Shop Drawing for an "or equal."
ENGINEER will advise CONTRACTOR in writing of any
negative determination.
D. Special Guarantee: OWNER may require CON-
TRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect
to any substitute.
E. ENGINEER's Cast Reinibnrseincid: ENGINEER
will record lime required by ENGINEER and ENGINEER's
Consultants in evaluating substitute proposed or
submitted by CONTRACTOR pursuant to paragraphs
6.05.A.2 and 6.05.E and in making changes in the Contract
Documents (m• in Die provisions of any other direct
contract with OWNER for work on Ilse Project) occasioned
thereby. Whether or not ENGINEER approves a
substitute item so proposed or submitted by CON-
TRACTOR, CONTRACTOR shall reimburse OWNER for
the charges of ENGINEER and ENGINEER's Consultants
for evaluating each such proposed substitute.
F. CONTRACTOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or- equal' at CONTRACTOR's expense.
6.06 Concerning Subconiraclat's, Suppliers, and
Others
A. CONTRACTOR shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to OWNER as indicated in paragraph
6.063), whether initially or as a replacement, against whom
OWNER may have reasonable objection, CONTRACTOR
shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to furnish orperform
any of the Work against whom CONTRACTOR has
reasonable objection.
B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to OWNER in
advance for acceptance by OWNER by a specified date
Prior to the Effective Date of the Agreement, and if
CONTRACTOR has submitted a list thereof in accordance
with the Supplementary Conditions, OWNER's
acceptance (either in writing or by failing to make written
objection thereto by the date indicated for acceptance or
objection in the Bidding Documents or the Contract
Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the
basis of reasonable objection after due investigation.
CONTRACTOR shall submit an acceptable replacement
GENERAL CONDITIONS 00700.22
for the rejected Subcontractor, Supplier, or other
individual or entity, and the Contract Price will be adjusted
by [lie difference in the cost occasioned by such
replacement, and an appmpriate Change Order will be
issued or Written Amendment signed. No acceptance by
OWNER of any such Subcontractor, Supplier, or other
individual or entity, whether initially or as a replacement,
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or
entities performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents
shall create for the benefit of any such Subcontractor,
Supplier, or other individual or entity any contractual
relationship between OWNER or ENGINEER and anysuch
Subcontractor, Supplier or other individual or entity, nor
shall it create any obligation on the part of OWNER or
ENGINEER to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual
or entity except as may otherwise be required by Laws and
Regulations.
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
Furnishing any of the Work under a direct or indirect
contract with CONTRACTOR.
E CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities per.
Forming or furnishing any of the Work to communicate
whit ENGINEER through CONTRACTOR.
P. The divisions and sections of the Specifications
and the identifications of any Drawings shall not control
CONTRACTOR in dividing Ilse Work among Subcon-
tractors or Suppliers or delineating the Work to be
performed by any specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to lire applicable terns and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. Whenever any such agreement
is with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
paragraph 5.06, die agreement between the CONTRAC-
TOR and the Subcontractor or Supplier will contain
provisions whereby the Subcontractor or Supplier wnires
oil rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER's Consultants, and all other individuals or
entities identified in 1he'Supplementary Conditions to be
listed as insureds or additional insureds (and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of then)
for all losses and damages caused by, arising out of,
relating lo, or resulting from any of the perils or causes of
loss covered by such policies and any other property
insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, CONTRACTOR will
obtain the same.
6.07 Paten( Fees and Rovalries
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in time Work
of any invention, design, process, product, or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use in
the performance of the Work and if to the actual
knowledge of OWNER or ENGINEER its use is subject to
paten! rights or copyrights calling for the payment of any
license fee or royally to others, the existence of such
rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER', Consultants,
and the officers, directors, partners, employees or agents,
and other consultants of each and any of them from and
against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out
of or relating to any hhingement of patent rights or
copyrights incident to the use in lime performance of the
Work or resulting front the incorporation in the Work of
ally invention, design, process, product, or device not
specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in (lie Supplemeulary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
GENERAL CONDITIONS 00700 -23
the prosecution of the Work which are applicable at lire
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
PRY all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners fm' capital costs relnted thereto, such as plant
investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the
performance of the Work. Except where otherwise
expressly required by applicable Laws and Regulations,
neither OWNER nor ENGINEER shall be responsible for
monitoring CONTRACTOR's compliance with any Laws
or Regulations.
B. If CONTRACTOR performs any Work knowing
or having reason to know flint it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however, it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Dale of
the Agreement if there were no Bids) having an effect on
the cost or time of performance of the Work may be the
subject of an adjustment in Contract Price or Contract
Times. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any such adjustment, a Claim may be made therefor as
provided in paragraph 10.05.
6.10" Taxes
A. CONTRACTOR shall pay all sales, consumer,
use, and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
GENERAL CONDITIONS
6.11' Useof Sire and Other Areas
A.* Limitation on Use of Sire and Other At
L CONTRACTOR shall confine
construction equipment, the storage of materials
and equipment, and the operations of workers to
the Site and other areas permitted by Laws and
Regulations,
and shall not unreasonably encumber the Site and
other areas with construction equipment or other
materials or equipment. CONTRACTOR shall
assume full responsibility for any damage to any
such land or area, or to the owner or occupant
thereof, or of any adjacent land or areas resulting
from the performance of the Work.
2. Should any claim be made by any such
owner or occupant because of the performance of
the Work, CONTRACTOR shall promptly settle
with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute
resolution proceeding or at law.
3. To the fullest extent pemritted by Laws
and Regulations, CONTRACTOR shall indemnify
and hold harmless OWNER, ENGINEER,
ENGINEER's Consultant, and the officers,
directors, partners, anployees, agents, and other
consultants of each and any of them from and
against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, a0orneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating
to any claim or action, legal or equitable, brought
by any such owner or occupant against OWNER,
ENGINEER, or any other party indemnified
hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work.
B. Removal of Debris Durdng Performance of lie
Work: During Ilse progress of life Work CONTRACTOR
shall keep the Site and other areas free from accumulations
of waste materials, rubbish, and other debris. Removal
and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
00700 -24
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it
ready for utilization by OWNER. At the completion of the
Work CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
properly not designated for alteration by the Contract
Documents.
D. Loading Structures: CONTRACTOR shall not
load nor permit any'part of any structure to be loaded in
any manner that will endanger the structure, nor shall
CONTRACTOR subject any part of file Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Docmnenrs
A. CONTRACTOR shall maintain in a safe place at
the Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders, and written interpreta-
tions and clarifications in good order and annotated to
show changes made during construction. These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
the Work, these record documents, Samples, and Shop
Drawings will be delivered to ENGINEER for OWNER.
6.13 Safely and Proiectiou
A. CONTRACTOR shall be solely responsible for
initialing, maintaining and supervising all safety precau-
tions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection
to prevent damage, Injury or loss to:
I, all persons on the Site or who may be
affected by tire Work;
2. all the Work and materials and equip-
ment to be incorporated therein, whether in storage
on or off the Site; and
3, other property at the Site or adjacent
thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and
Underground Facilities not designated for removal,
relocation, or replacement in fire course of
construction.
13. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safely of persons or
property, or to the protection of persons or properly from
damage, injury, or loss; and shall erect and mainlnin all
necessary safeguards for such safely and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and other utility owners
when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation,
and replacement of their property. All damage, injury, or
loss to any property referred to in paragraph 6.13.A.2 or
6.13 -.A.3 caused, directly or indirectly, in whole or in part,
by CONTRACTOR, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed
by any of them to perfomr any of the Work, or anyone for
whose acts any of them may be liable, shall be remedied
by CONTRACTOR (except damage or loss attributable to
the fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER's Con•
sultanl, or anyone employed by any of them, or anyone
for whose acts any of them may be liable, and not
attributable, directly or indirectly, in whole or in part, to
the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier, or other individual or entity
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for safely
and for protection of the Work shall continue until such
time as all Ore Work is completed and ENGINEER has
issued a notice to OWNER and CONTRACTOR in
accordance with paragraph 14.07.E that the Work is
acceptable (except as otherwise expressly provided in
connection with Substantial Coniplelion).
6.14 Sajery Representative
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall he [lie prevention of accidents
and fire )maintaining and supervising of safety precautions
and programs.
6.15 Hazard Communication Progrmns
A. CONTRACTOR shall be responsible for coordi-
naling any exchange of material safely data sheets or
other hazard communication infomration required to he
made available to or exchanged between or among
employers at the Site in accordance with Laws or
Regulations.
6.16 Emergencies
GENERAL CONDITIONS 00700.25
A. In emergencies affecting the safely or protection
of persons or the Work or property at the Site or adjacent
thereto, CONTRACTOR is obligated to act to prevent
threatened damage, injury, or loss. CONTRACTOR shall
give ENGINEER prompt written notice if CONTRACTOR
believes dial any significant changes in the Work or
variations front the Contract Documents have been caused
thereby or are required as a result thereof. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued.
6.17* Shop Drawings acid Samples
A.* CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. All subminals will be identified as ENGINEER
may require and in the number of copies specified in the
General Requirements. The data shown on the Shop
Drawings will be complete Willi respect to quantities,
dimensions, specified performance and design criteria,
materials, and similar data to show ENGINEER the
services, materials, and equipment CONTRACTOR
proposes to provide and to enable ENGINEER to review
the information for the limited purposes required by
paragraph 6.17.11.
B.* CONTRACTOR shall also submit six (6) Samples
to ENGINEER for review and approval in accordance with
the acceptable schedule of Shop Drawings and Sample
submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGI-
NEER may require to enable ENGINEER to review the
submittal for the limited purposes required by paragraph
6.17.E. The numbers of each Sample to be submitted will
be as specified in the Specifications.
C. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop
Drawings and Sample submittals acceptable to ENGINEER
as required by paragraph 2.07, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR.
D. Submilrol Procedures
1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
a. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers, and similar information Willi respect
thereto;
b. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly, and installation pertaining to the
performance of the Work;
c. all intbnualion relative to means, meth.
ods, techniques, sequences, and procedures of
construction and safety precautions and
programs incident thereto; and
d. CONTRACTOR shall also have
reviewed and coordinated each Shop Drawing
or
Sample with other Shop Drawings and Samples
and with the requirements of the Work and the
Contract Documents.
2. Each submittal shall bear a stamp or
specific written indication that CONTRACTOR has
sells fled CONTRACTOR's obligations under the
Contract Documents with respect to
CONTRACTOR's review and approval of that
submittal.
3. At tire lime of each submittal, CON.
TRACTOR shall give ENGINEER specific written
notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such
notice to be in a written communication separate
from the submittal; and, in addition, shall cause a
specific notation to be made on each Shop Drawing
and Sample submitted to ENGINEER for review and
approval of each such variation.
E ENGINEER's Review
I. ENGINEER will timely review and
approve Shop Drawings and Samples in
accordance with fire schedule of Shop Drawings
and Sample submittals acceptable to ENGINEER
ENGINEER's review and approval will be only to
delemtine if the items covered by the submittals
GENERAL. COMMONS 00700.26
will, after installation or incorporation in the Work,
confom, to the information given in the Contract
Documents and be compatible will, the design
concept of the completed Project as a functioning
whole as indicated by the Contract Documents.
2. ENGINEER's review and approval will
not extend to means, methods, techniques,
sequences, or procedures of construction (except
Where a particular means, method, technique,
sequence, or procedure of construction is
specifically and expressly called for by the Contract
Documents) or to safety precautions or programs
incident Illerelo. The review and approval
of a separate item as such will not indicate approval
of the assembly in which the item functions.
3. ENGINEER's review and approval of
Shop Drawings or Samples shall not relieve CON-
TRACTOR from responsibility for any variation
from the requirements of the Contract Documents
unless CONTRACTOR has in writing called
ENGINEER's attention to each such variation at the
lime of each submil(al as required by paragraph
6.17.D.3 and ENGINEER has given written approval
of each such variation by specific written notation
thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval
by ENGINEER relieve CONTRACTOR from
responsibility for complying with the requirements
of paragraph 6.17.D.1.
F. Resubmillal Procedures
1. CONTRACTOR shall make corrections
required by ENGINEER and shall return lite
required number of corrected copies of Shop
Drawings and submit as required new Samples for
review and approval. CONTRACTOR shall direct
specific atlention in writing (o revisions other than
the correc(ions called for by ENGINEER on previ-
ous submittals.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and
ndhere to the progress schedule during all disputes or
disagreennen(s will, OWNER. No Work shall be delayed
or postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.04 or
as OWNER and CONTRACTOR may otherwise agree in
writing.
6.19 CONTRACTOR's General Warronly and
Guarantee
A. CONTRACTOR wamams and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Docu-
ments and will not be defective. CONTRACTOR's
warranty and guarantee hereunder excludes defects or
damage caused by:
1. abuse, modifica(ion, or improper main -
(enance or operation by persons other than CON-
TRACTOR, Subcontractors, Suppliers, or any other
individual or entity for whom CONTRACTOR is
responsible; or
2, normal wear and (ear under normal
usage.
B. CONTRACTOR's obligation to perform and
complete the Work in accordance will, the Contract
Documents shall be absolute, None of the following will
constitute an acceptance of Work Ilia] is not in accor-
dance with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
observations by ENGINEER;
2. recommendation by ENGINEER or pay-
ment by OWNER of any progress or final payment;
3. (he issuance of a certificate of Sub.
slanlial Completion by ENGINEER m• any payment
related Ihere(o by OWNER;
4. use or occupancy of lite Work or any
pan thereof by OWNER;
5. any acceptance by OWNER or any
failure to do so;
6. any review and approval of a Shop
Drawing or Sample submi(tal or the issuance of a
notice of acceptability by ENGINEER;
7. any inspection, test, or approval by
others; or
S. any cmrecdon of defective Work by
OWNER
GENERAL CONDITIONS 007027
6.20 Ind eraniJication
A. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNEE, ENGINEER, ENOINEER's Consultants,
and (lie officers, directors, partners, employees, agents,
and other consultants and subcontractors of each and any
of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, - architects, attorneys, and otter
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to the perfor.
malice of the Work, provided that any such claim, cost,
loss, or damage:
I. is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of
tangible property (other than the Work itself),
including the loss of use resulting therefrom; and
2. is caused in whole or in part by any
negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, or any individual or
entity directly or indirectly employed by any of
them to perform any of the Work or anyone for
whose acts any of them may be liable, regardless of
whether or not caused in part by any negligence or
omission of an individual or entity indemnified
hereunder or whether liability is imposed upon
such indemnified party by Laws and Regulations
regardless of the negligence of any such individual
or entity.
B. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of diem to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for CONTRACTOR or any such Subcontractor, Suppli-
er, or other individual or entity under workers' compen-
sation acts, disability benefit acts, or other employee
benefit acts.
C. The indemnification obligations of CONTRAC-
TOR under paragraph 6.20.A shall not extend to the
liability of ENGINEER and ENGINEER's Consultants or to
the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of
them arising out of:
I. (lie preparation or approval of, or the
failure to prepare or approve, maps, Drawings,
opinions, reports, surveys, Change Orders,
designs, or Specifications; or
2. giving directions or instructions, or
failing to give them, if that is the primary cause of
the injury or damage.
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project al time Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con -
Mel Documents, then:
1, written notice thereof will be given to
CONTRACTOR prior to starting any such other
work; and
2. if OWNER and CONTRACTOR are
unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract
Price or Conhmct Times that should be allowed as a
result of such other work, a Claim may be made
therefor as provided in paragraph 10.05.
B. CONTRACTOR shall afford each other
contractor who is a party to such a direct contract and
each utility owner (and OWNER, if OWNER is performing
the other work with OWNER's employees) proper and safe
access to the Site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly
coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all culling, fitting, and patching of the Work that
may be required to properly connect or otherwise make its
several parts come together and properly integrate with
such other work. CONTRACTOR shall not endanger any
work of others by cutting, excavating, or otherwise
altering their work and will only cut or alter their work with
the written consent of ENGINEER and the others whose
work will be affected. The duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
GENERAL CONDITIONS 00700-28
such utility owners and other contractors to the extent
that there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
C. If the proper execution or results of any pall of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to ENGINEER in
writing any delays, defects, or deficiencies in such other
work that render it unavailable or unsuitable for tine proper
execution and results of CONTRACTOR's Work.
CONTRACTOR's failure to so report will constitute an
acceptance of such other work as fit and (roper for
Integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
7.02 Coordination
A. If OWNER intends to contract with others for the
performance or other work on the Project at the Site, the
following will beset forth in Supplementary Conditions:
I. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be
identified;
2. the specific matters to be covered by
such authority and responsibility will be itemized;
and
3, the extent of such authority and
responsibilities will be provided.
B. Unless otherwise provided in the Supplementary
Conditions, OWNERshall have sole authority and respon-
sibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose
status under the Contract Documents shall be that of the
fonnerENGINEER
8.03 Furnish Data
A. OWNER shall promptly furnish the data required
ofOWNER under the Contract Documents.
8.04 Pnr Prornptla When Due
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.0 and 14.07.C.
8.05 Lauds and Easenlerus; Reports and Tests
A. OWNER's duties in respect of providing lands
and casements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.01
and 4.05. Paragraph 4.02 refers to OWNER's identifying
and making available to CONTRACTOR copies of reports
of explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the
Site that have been utilized by ENGINEER in preparing the
Contract Documents.
8.06# Insurance
A.• OWNER's responsibilities, if any, in respect to
purchasing and maintaining liability and property insuo-
ante are set forth in Article 5.
8.07 Change Orders
A. OWNER is obligated to execute Change Orders
as indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain
inspections, tests, and approvals is set forth in paragraph
13.03.B.
GENERAL CONDITIONS 00700.29
8.09 Llunita /ions on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have
control or authority over, nor be responsible for,
CONTRACTOR's means, me0rods, techniques, se-
quences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform the Work in accordance with the
Contract Documents.
8.10 Undisclosed HazardousEmirournenml
Condition
A. OWNER's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
paragraph 4.06.
8.11 Evidence ofFrnancial Arrangennents
A. If and to the extent OWNER has agreed to
furnish CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DUR [NO
CONSTRUCTION
9.01 01MER'S Representative
A. ENGINEER will be OWNER's representative
during the construction period. The duties and responsF
bilities and the limitations of authority of ENGINEER as
OWNER's representative during construction are set forth
in file Contract Documents and will not be changed
without written consent of OWNER and ENGINEER
9.02 Visits to Site
A. ENGINEER will make visits to the Site at intervals
appropriate to [lie various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the
progress that has been made and the quality of the
various aspects of CONTRACTOR's executed Work.
Based on information obtained during such visits and
observations, ENGINEER, for the benefit of OWNER, will
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER will
not be required to make exhaustive or continuous
inspections on the Site to check the quality m• quantity of
the Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the Contract
Documents. On the basis of such visits and observations,
ENGINEER will keep OWNER informed of the progress of
the Work and will endeavor to guard OWNER against
defective Work.
B. ENGINEER's visits and observations are subject
to all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly,
but without limitalion, during or as a result ofENOMEWs
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures
of construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
performance of the Work.
9.03• Protect Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish o 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 representative or agent to represent OWNER at
the Site who is not ENGINEER's Consultant, agent or em,
ployee,
the responsibilities and authority and limitations thereon
of such other Individual orentity will be as provided in the
Supplementary Conditions.
9.04 Clm•y1carians and fnierpretotions
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may
determine necessary, which shall be consistent with the
intent of and reasonably inferable from the Contract Docu.
GENERAL CONDITIONS 00100.30
merits. Such written clarifications and interpretations will
be binding on OWNER and CONTRACTOR. If OWNER
and CONTRACTOR are unable to agree on entitlement to
or on the amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, that should be
allowed as a result of a written clarification or interpre.
tation, a Claim may be made therefor as provided in
paragraph 10.05.
9.05 Authorized Variations in lflork
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price
or the Contract Times and are compatible with the design
concept of tine completed Project as a functioning whole
as indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall perform
the Work invoked promptly, IfOWNER and CONTRAC-
TOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, as a result of a Field
Order, a Claim may be made therefor as provided in
paragraph 10.05.
9.06 Rejecting Defective Mork
A. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
that ENGINEER believes will not produce a completed
Project Ilia( conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.04, whether or not the
Work is fabricated, installed, or completed.
9.07 Shop Drawings, Change Orders and Pmanents
A. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Deterodnations for Unit Price IVorh
A. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written decision thereon
(by recommendation of an Application for Payment or
o(herwise). ENGINEER's wrillen decision thereon will be
final and binding (except as modified by ENGINEER to
reflect changed factual conditions or more accurate da(a)
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Conh•act
Documents and Acceptabilirp of lfark
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes
and other matters relating to rite acceptability of the Work,
the quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract
Documents pertaining to the performance of the Work,
and Claims seeking changes in the Contract Price or
Contract Times will be referred initially to ENGINEER in
writing, in accordance with the provisions of paragraph
10.05, with a request for a fomral decision.
B. When functioning as interpreter and judge under
this paragraph 9.09, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in
connection with any Werpretalion or decision rendered in
good faith in such capacity. The rendering of a decision
by ENGINEER pursuant to this paragraph 9.09 with
respect to any such Claim, dispute, or other matter (except
any which have been waived by the making or acceptance
of final payment as provided in paragraph 14.07) will be a
condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either may
otherwise have under the Contract Documents or by Laws
or Regulations in respect of any such Claim, dispute, or
other matter.
9.10 Lindtolions cu ENGINCER's Amhortry and
Responsibilities
A. Neither ENGINEER's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such
GENERAL CONDITIONS 00700.31
authority or responsibility or Ilse undertaking, exercise, or
performance of any authority or responsibility by
ENGINEER shall create, impose, or give rise to any duty in
con(racl, tort, or otherwise owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier, any
other individual or entity, or to any surety for or employee
or agent of any of them,
B. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for
CONTRACTOR's means, methods, techniques, se-
quences, or procedures of construction, or the safety
Precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the performance of the Work.
ENGINEER will not be responsible for CONTRACTOR's
failure to perform Ore Work in accordance Willi the
Contract Documents.
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, m• of any other individual or entity performing
any of time Work.
D. ENGINEER's review of the final Application fm-
Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates of inspection, tests and
approvals, and other documentation required to be
delivered by paragraph 14.07.A will only be to determine
generally thal their content complies Willi the requirements
of, and in the case of certificates of inspections, tests, and
approvals that the results certified indicate compliance
with, the Contract Documents.
E The limitations upon authority and responsibility
set forth in this paragraph 9.10 shall also apply to
ENGINEER's Consultants, Resident Project Repre-
sentative, and assistants. See Article 18.
ARTICLE 10 -CHANGES IN THE WORK; CLAMS
10.01 Authorized Changes in the IYor•A
A. Without invalidating the Agreement and without
notice to any surety, OWNER tray, at any time or from
time to time, order additions, deletions, or revisions in lire
Work by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
docunment, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of (Ire Contract Documents (except
as otherwise specifically provided).
B. If OWNER and CONTRACTOR are unable to
agree on entitlement to, or on the amount or extent, if any,
of an adjustment in the Contract Price or Contract Times,
or both, that should be allowed as a result of a Work
Change Direclive, a Claim may be made therefor as
provided in paragraph 10.05.
10.02 Unauthorized Changes in the 19or4-
A. CONTRACTOR shall not be entitled to an
increase in the Contract Price or all extension of the
Contract Times with respect to any work performed that is
not required by the Contract Documents as amended,
modified, or supplemented as provided in paragraph 3.04,
except in the case of an emergency as provided in
paragraph 6.16 or in the case of uncovering Work as
provided in paragraph 13.04.B.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
1. changes in the Work which are: (i)
ordered by OWNER pursuant to paragraph
10.0LA, (11) required because of acceptance of
defective Work under paragraph 13.08.A or
OWNER's correction of defective Work under
paragraph 13.09, or(iii) agreed to by (Ire parties;
2. changes in the Contract Price or
Contract Times which are agreed to by the parties,
including any undisputed sum or amount of time
for Work actually performed in accordance with a
Work Change Direclive; and
3. changes in the Contract Price or
Contract Times which embody the substance of
any written decision rendered by ENGINEER
pursuant to paragraph 10.05; provided (hall, in lieu
of executing any such Change Order, air appeal
may be taken from any such decision in accordance
with the provisions of the Contract Documents and
applicable Laws and Regula lions, but during any
such appeal, CONTRACTOR shall carry on The
Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
GENERAL CONDITIONS 00700-32
10.04 Notlfrcation to Surety
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or
Contract Times) is required by the provisions orally Bond
to be given to a surely, Ilse giving of any such notice will
be CONTRACTOR's responsibility. The amount of each
applicable Bond will be adjusted to reflect time effect of
any such change.
10.05 Clahns and Disputes
A. Notice: Written notice staling the general nature
of each Claim, dispute, or other matter shall be delivered
by the claimant to ENGINEER and the other party to the
Contracl promptly (but in no event later than 30 days)
after the start of the event giving rise (hereto. Notice of
the amount or extent of the Claim, dispute, or other matter
with supporting data shall be delivered to the ENGINEER
and the other party to the Contract within 60 days after the
start of such event (unless ENGINEER allows additional
time for claimant to submit additional or more accurate
data in support of such Claim, dispute, orolher matter). A
Claim for an adjustment in Contract Price shall be prepared
in accordance with the provisions of paragraph 12.01.B. A
Claim for an adjustment in Contract Time shall be prepared
in accordance with the provisions of paragraph 12.02.6.
Each Claim shall be accompanied by claimant's written
statement that the adjusanent claimed is the entire
adjustment to which the claimant believes it is entitled as a
result of said event, The opposing party shall submit any
response to ENGINEER and the claimant within 30 days
after receipt of the claimant's last submittal (unless
ENGINEER allows additional time).
B. ENGINCER's Decision: ENGINEER will render a
formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of
lire opposing party, if any. ENGINEER's written decision
on such Claim, dispute, or other matter will be final and
binding upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER's decision is
liken within the lime limits and in accordance with
the dispute resolution procedures set forth in
Article 16; or
2. if no such dispute resolution procedures
have been set forth in Article 16, a written notice of
intention to appeal from ENGINEER's written
decision is delivered by OWNER or CONTRAG
TOR to the other and to ENGINEER within 30 days
after the date of such decision, and a formal
proceeding is instituted by Ilse appealing party in a
forum of competentjurisdiction within 60 days a0er
the date of such decision or within 60 days after
Substantial Completion, whichever is later (unless
Otherwise agreed in writing by OWNER and
CONTRACTOR), to excn:ise such rights or
remedies as the appealing party may have with
respect to such Claim, dispute, or other matter in
accordance with applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.05.13, a
decision denying the Claim in its entirety shall be deemed
to have been issued 31 days after receipt of the last
submittal of the claimant m Ilse last submittal of the
opposing party, if any.
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not
submitted in accordance with this paragraph 10.05.
ARTICLE 1 1 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of tile Work
A. Costs 6rchtded: The lemur Cos( of the Work
means the sum of all costs necessarily incurred and paid
by CONTRACTOR in the proper performance of the Work.
When the value of any Work covered by a Change Order
or when a Claim for an adjustment in Contract Price is
delemrined on the basis of Cost of the Work, the costs to
be reimbursed to CONTRACTOR will be only those
additional or incremental costs required because of the
change in the Work or because of the evenl giving rise to
the Claim. Except as otherwise may be agreed to in wriling
by OWNER, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall
include only the following items, and shall not include any
of the costs itemized in paragraph 11.01.13.
1. Payroll costs for employees in the direct
employ of CONTRACTOR in due performance of
the Work under schedules of Job classifications
agreed upon by OWNER and CONTRACTOR.
Such employees shall include wilhoul limilalion
superintendents, foremen, and other personnel
employed full time at the Site. Payroll costs for
employees not employed full lime on (lie Work
GENERAL CONDITIONS 00700 -33
shall be apportioned on Tile basis of their lime
spent on the Work. Payroll costs shall include, but
not be limited to, salaries and wages plus the cost
of fringe benefits, which shall include social
security contributions, unemployment, excise, and
Payroll taxes, workers' compensation, health and
retirement benefits, bonuses, sick leave, vacation
and holiday pay applicable Iherelo. The expenses
of performing Work outside of regular working
hours, on Saturday, Sunday, or legal holidays, shall
be included in the above to the extent authorized
by OWNER.
2. Cost of all materials and equipment fur.
nished and incorporated in the Work, including
costs of transportation and storage thereof, and
Suppliers' field services required in connection
therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments,
in which case the cash discounts shall accrue to
OWNER. All trade discounts, rebates and refunds
and returns from sale of surplus materials and
equipment shall above to OWNER, and
CONTRACTOR shall make provisions so that they
may be obtained.
3. Payments made by CONTRACTOR to
Subcontractors for Work performed by
Subcontractors. If required by OWNER, CON-
TRACTOR shall obtain competitive bids from
subcontractors acceptable to OWNER and CON-
TRACTOR and shall deliver such bids to OWNER,
who will then determine, will, the advice of ENGI-
NEER, which bids, if any, will be acceptable. If any
subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as
CONTRACTOR's Cos( of the Work and fee as
provided in this paragraph 11.01.
4. Costs of special consultants (including
but not limited to engineers, architects, esting
laboratories, surveyors, attorneys, and accoun.
tanls) employed for services specifically related to
the Work.
5. Supplemeninl costs including the
following:
a. The proportion of necessmy trans -
potation, travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with [lie Work.
b. Cost, including transportation and main -
lenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facili-
ties at the Site, and hand tools not owned by the
workers, which are consumed in One performance of
the Work, and cost, less market value, of such
items used but non consumed which remain the
property of CONTRACTOR,
C. Rentals of all construction equip -
nteul and machinery, and the parts thereof whether
renled from CONTRACTOR m others in accor.
dance with rental agreements approved by OWN-
ER with the advice of ENGINEER, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or parts shall cease when the use thereof
is no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. Deposits lost for causes other than
negligence of CONTRACTOR, any Subcontractor,
or anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
and royally payments and fees for permits and
licenses.
f. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the perfory
mance of the Work (except losses and damages
within the deductible amounts of property
insurance established in accordance with
paragraph 5.06.D), provided such losses and
damages have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor,
or anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable.
Such losses shall include settlements made with
the written consent and approval of OWNER. No
such losses, damages, and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee.
GENERAL CONDITIONS 00700 -34
g. The cost or utilities, fuel, and sanitary
facilities at the Site.
It. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expressage, and similar petty cash items ill
connection with the Work.
L When lite Cost of the Work is used to
determine the value of a Change Order or of a
Claim, (lie cost of premiums for additional Bonds
and insurance required because of the changes in
the Work or caused by lire event giving rise to the
Claim.
j. When all [lie Work is performed on the basis
of cost -plus, the costs of premiums for all Bonds
and insurance CONTRACTOR is required by the
Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall
not include any of line following items:
I. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals
(of partnerships and sole proprietorships), general
managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and con -
Iracting agents, expediters, timekeepers, clerks, and
other personnel employed by CONTRACTOR,
whether at the Site or hl CONTRACTOR's principal
or branch office for general administration of the
Work and not specifically included in the agreed
upon schedule of job classifications referred to in
paragraph 11.01.A.1 or specifically covered by
paragraph II.0l.A.4, all of which are to be
considered administrative costs covered by the
CONTRACTOR's fee.
2. Expenses of CONTRACTOR's principal
and branch offices other than CONTRACTOR's
office at the Site.
3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR's
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
4. Costs due to the negligence of CON-
TRACTOR, any Subcontractor, or anyone directly
or indirectly employed by any of them or for whose
acts any of them may be liable, including but not
limited to, tine correction of defective Work,
disposal of materials or equipment wrongly
supplied, and making good any damage to
property.
5. Other overhead or general expense
costs of any kind and the costs of any item not
specifically and expressly included in paragraphs
11.01.A and 11.01.B.
C. CONTRACTOR's Fee: When all the Work is
performed on Ilse basis of cost -plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When
the value of any Work covered by a Change Order or
when a Claim for an adjustment in Contract Price is
determined on the basis of Cost of the Work,
CONTRACTOR's fee shall he determined as set forth in
paragraph 12.01.C.
D. Documenlatiou: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
paragraphs I1.0l.A and 11.01A CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in a
form acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
11.02 Cash Allowances
A. II is understood deal CONTRACTOR has includ-
ed in the Contract Price all allowances so named in the
Contract Documents and shall cause die Work so covered
to be performed for such sums as may be acceptable to
OWNER and ENGINEER CONTRACTOR agrees that:
1. the allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowanc-
es to be delivered at tine Site, and all applicable
taxes; and
2. CONTRACTOR's costs for mloading
and handling on the Site, labor, installation costs,
overhead, profit, and other expenses contemplated
for tine allowances have been included in the
Contract Price and not in the allowances, and no
demand for additional payment on account of any
of the foregoing will be valid.
B. Prior to final payment, an appropriate Change
Order will be issued as recommended by ENGINEER to
reflect actual amounts due CONTRACTOR on account of
GENERAL CONDITIONS 0070035
Work covered by allowances, and the Contract Price shall
be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contact Price will be deemed to include for all Unit Price
Work an amount equal to the suns of the unit price for
each separately identified item of Unit Price Work times
the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit
Price Work are not guaranteed and are solely for the
purpose of compta ison of Bids and determining an initial
Contract Price. Detemtinalions of the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER subject to the
provisions of paragraph 9.08.
B. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each
separately identified item,
C. OWNER or CONTRACTOR may make a Claim for
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs mate-
rially and significantly from the estimated quantity
of such item indicated in the Agreement; and
2. (here is no corresponding adjustment
with respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred addi-
tional expense or OWNER believes that OWNER is
entitled to a decrease in Contract Price and the
parties are unable to agree as to the amount of any
such increase or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01* Change of Cono'nel Price
A. The Contract Price may only be changed by it
Change Order or by a Written Amendment, Any Claim for
an adjustment in the Contract Price shall be based on
wrilten notice subrnitled by the party making the Claim to
the ENGINEER and the other party to the Conlracl in
accordance Willi the provisions of paragraph 10.05. -
B.* The value of any Work covered by a Change
Order or of any Claim for all adjustment in Ole Contract
Price will be determined as follows:
I. where the Work involved is covered by
unit prices contained in the Contract Documents,
by application of such unit prices to the quantities
of the items involved (subject to the provisions of
Paragraph 11.03 ); or
2. where the Work involved is not covered
by unit prices contained in time Contract
Documents, by a mutually agreed lump sum (which
may include an allowance for overhead and profit
not necessarily in accordance with paragraph
12.01.C.2); or
3. where the Work involved is not covered
by unit prices contained in the Contract
Documents and agreement to a lump sum is not
reached under paragraph 12.01.B.2, on the basis of
the Cost of the Work (determined as provided in
Paragraph 11.01) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in
paragraph 12.01.C).
C. CONTRACTOR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
a mutually acceptable fixed fee; or
2, if a fixed fee is not agreed upon, then a
fee based on file following percentages of time
various portions of the Cost of the Work:
a. for costs incurred under paragraphs
11.0[.A.I and I I.01.A.2, the CONTRACTOR's
fee shall be 15 percent;
GENERAL CONDITIONS 00700 -36
b, for costs incurred under paragraph
11.01.A.3, time CONTRACTOR's fee shall be
five percent;
c. where one or more tiers of subcon-
tracts are on the basis of Cos( of the Work plus
a fee and no fixed fee is agreed upon, the intent
of paragraph 12.01.C.2.a is that the Subcon-
tractor who actually performs the Work, at
whatever tier, will be paid a fee of 15 percent of
the costs Incurred by such Subcontractor
under paragraphs I1.01.A.1 and II.OI.A.2 and
that any higher Her Subcontractor and CON-
TRACTOR will each be paid a fee of the
percent of the amount paid to the next lower tier
Subcontractor;
d, no fee shall be payable on the basis of
costs itemized under paragraphs II.O1.A.4,
11.01.A.5, and 11.013;
C. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be
the amount of the actual net decrease in cost
plus a deduction in CONTRACTOR's fee by an
amount equal to five percent of such net
decrease; and
f. when both additions and credits are in-
volved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 12.01.C.2.a through 12.01.C.2.e,
inclusive.
12.02 Grange of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by
the party making the claim to the ENGINEER and the other
party to the Contract in accordance with the provisions of
paragraph 10.05.
B. Any adjustmenl of (lie Contract Times (or
Milestones) covered by a Change Order or of any Claim
for an adjustment in the Contract Times (or Milestones)
will be detemnined in accordance with the provisions of
this Article 12.
12.03 Delays Bevo» d CONTRACTOR's Cornlrol
A. Where CONTRACTOR is prevented from
completing any pan of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to Ole time lost due to
such delay if a Claim is made therefor as provided in
paragraph 12.02.A. Delays beyond (lie control of CON.
TRACTOR shall include, but not be limited to, acts or
neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRACTOR's Ca)lirol
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deerned to
be delays within the control of CONTRACTOR.
12.05 Delays Beyond OlyNER's and C'ONTRACTOR'S
Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
both OWNER and CONTRACTOR, an extension of dte
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay.
12.06 Delay Danmages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subcontractor, any Supplier, or
any other person or organization, or to any surely for or
employee or agent of any of them, for damages arising out
of or resulting firm:
I, delays caused by or within the control
of CONTRACTOR; or
2. delays beyond the control of both
OWNER and CONTRACTOR including but rot
limited to fires, floods, epidemics, abnormal weather
conditions, acts of God, or acts or neglect by utility
GENERAL CONDITIONS 00700 -37
owners or other contractors performing other work
as contemplated by Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02* Access to Work
A. OWNER, INGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories, and governments]
agencies with jurisdictional interests will have access to
the Site and the Work al reasonable times for their obser.
vation, inspecting, and testing. CONTRACTOR shall
provide their proper and safe conditions for such access
and advise [he'll of CONTRACTOR's Site safety
procedures and programs so that they may comply
therewith as applicable.
13.03* Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required
inspections, tests, or approvals and shall cooperate with
inspection and testing personnel to facilitate required
inspections or tests.
B.* OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
1. for inspections, tests, or approvals
covered by paragraphs 13.03.0 and 13.03.13 below;
2. that costs incurred in connection with
tests or inspections conducted pursuant to para-
graph 13.04.11 shall be paid as provided in said
paragraph 13.04.13; and
3. as otherwise specifically provided in the
Contract Documents.
C. If Caws or Regulalions of any public body having
jurisdiction require any Work (or pall thereoo specifically
to be inspected, tested, or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and rumish ENGINEER the
required certificates of inspection or approval.
D. CONTRACTOR shall be responsible for
arranging and obtaining and shall pay all costs in connec-
tion with any inspections, tests, or approvals required for
OWNER's and ENGINEER's acceptance of materials or
equipment to be incorporated in the Work; or acceptance
of materials, mix designs, or equipment submitted for
approval prior to CONTRACTOR's purchase thereof for
incorporation in the Work. Such inspections, tests, or
approvals shall be performed by organizations acceptable
to OWNER and ENGINEER.
E If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by CONTRAG
TOR without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation,
F. Uncovering Work as provided in paragraph
13.03.E shall be at CONTRACTOR's expense unless CON-
TRACTOR has given ENGINEER limely notice of
CONTRACTOR's intention to cover the some and ENGI-
NEER has not acted with reasonable promptness in
response to such notice.
13.04 Uncovering 111ork
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced
at CONTRACTOR's expense.
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspect-
ed or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose, or otherwise make
available for observation, inspection, or testing as
ENGINEER may require, that portion of the Work in
GENERAL CONDITIONS 00700-38
question, furnishing all necessary labor, material, and
equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees slid charges
of engineers, architects, a(torneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and
testing, and of satisfactory replacement or reconstruction
(including but 1101 limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof,
OWNER may make a Claini therefor as provided in
paragraph 10.05. if, however, such Work is trot found to
be defective, CONTRACTOR shall be allowed an increase
in the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
uncovering, exposure, observation, inspection, testing,
replacement, and reconstruction. If the parties are unable
to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER Mnv Stop the York
A. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to perform time Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to slop
(lie Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to slop time Work shall not give rise to any duty on the
Part of OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any
other individual or entity, crony surely for, oremployce or
agent of any of them.
13.06 Correction or Removal ojDejecrive Work
A. CONTRACTOR shall correct all defective Work,
whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
Project and replace it with Work that is not defective.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other
Professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such
correction or removal (including but not limited to all costs
of repairor replacement of work of others).
13.07 Correcliom Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may he
prescribed by Laws or Regulations or by Ilse terms orally
applicable special guarantee required by the Con(racl
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made available
for CONTRACTOR's use by OWNER or pemmilted by
Laws and Regulations as contemplated in paragraph
6.1 EA is found to be defective, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with
OWNER's written instructions: (t) repair such defective
land or areas, or (ii) correct such defective Work or, if the
defective Work has been rejected by OWNER, remove it
from the Project and replace it with Work that is not
defective, and (iii) satisfactorily corrector repairor remove
and replace any damage to other Work, to the work of
others or other land or areas resulting therefrom. If
CONTRACTOR does not promptly comply with the terms
of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, OWNER may
have the defective Work corrected orrepaired ormay have
flue rejected Work removed and replaced, and all Claims,
costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such
correction or repair or such removal and replacement
(including but not limited in all costs of repair or replace-
ment of work of others) will be paid by CONTRACTOR.
B. In special circumstances where a particular item
of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amend-
ment.
GENERAL CONDITIONS 00700 -39
C. Where defective Work (and damage to other
Work resulting Therefrom) has been corrected or removed
and replaced under this paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for an additional period of one year after such
correction or removal and replacement has been
satisfactorily completed.
D. CONTRACTOR's obligations under this
paragraph 13.07 are ill addition to tiny other obligation or
warranty. The provisions of this paragraph 13.07 shall not
be construed as a substitute for or a waiver of the
provisions of any applicable statute of limitation or
repose.
13.08 AcceplanceofDefeclive Weir k
A. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment,
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) attributable to OWNER's evaluation of
and determination to accept such defective Work (such
costs to be approved by ENGINEER as to reasonableness)
and the diminished value of the Work to the extent not
otherwise paid by CONTRACTOR pursuant to this
sentence. if any Stich acceptance occurs prior to
ENGINEER's reconmendation of final payment, a Change
Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease In the
Contract Price, reflecting the diminished value of Work so
accepted. If the parties are 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 amount will be
paid by CONTRACTOR to OWNER.
19.09 0 NWER AMY Co? recl Defective Me)*
A. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance
Willi the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of The Contract
Documents, OWNER may, after seven days written notice
to CONTRACTOR, correct and remedy any such
deficiency.
B. In exercising the rights and remedies under this
paragraph, OWNER shall proceed expeditiously. In
connection with such corrective and remedial anion,
OWNER may exclude CONTRACTOR from oil or part of
the Site, take possession of all or part of the Work and
suspend CONTRACTOR's services related Ihereto, take
Possession of CONTRACTOR's tools, appliances, con-
struction equipment and machinery at the Site, and inem=
porate in the Work all materials and equipment stored at
file Site or for which OWNER has paid CONTRACTOR
but which are stored elsewhere. CONTRACTOR shall
allow OWNER, OWNER's representatives, agents and
employees, OWNER's other contractors, and ENGINEER
and ENGINEER's Consultants access to the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
C. All Claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court
or arbitration or otherdispute resolution costs) incurred or
sustained by OWNER in exercising the rights and
remedies under this paragraph 13.09 will be charged
against CONTRACTOR, and a Change Order will be
Issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. if the parties are unable to agree as to the
amount of the adjustment, OWNER may make a Claim
therefor as provided in paragraph 10.05. Such claims,
costs, losses and damages will include but not be limited
to all costs of repair, or replacement of work of others
destroyed or damaged by correction, removal, or replace-
ment ofCONTRACTOR'sdefeclive Work.
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any
delay in the performance of time Work attributable to tire
exercise by OWNER of OWNER's rights and remedies
under this paragraph 13.09.
GENERAL CONDITIONS 00700.40
i
ARTICLE 14- PAYMENTS TO CONTRACTOR AND
B. Review of Applications
COMPLETION
I. ENGINEER will, within 10 days after
—
receipt of each Application for Payment, either
14.01 Schedule of I�n/nes
indicate in writing a recommendation of payment
and present the Application to OWNER or return
A. The schedule of values established as provided
the Application to CONTRACTOR indicating in
writing ENGINEER's for
in paragraph 2.07.A will serve as the basis fm• progress
reasons refusing to
recommend payment. In the latter case, CON -
paymen(s and will he incorporated into a form of Applies.
TRACTOR may make life necessary corrections
lion run Payment acceptable to ENGINEER. Progress
and resubmit the Application.
payments on account of Unit Price Work will be based on
the number of units completed.
2. ENGINEER's recommendation of any
14.02 Progress Pnymeuts
payment requested in an Application for Payment
will constitute a representation by ENGINEER to
A.' Applicatimrsjw Pnvwents
OWNER, based on ENGINEER's observations on
the Site of the executed Work as an experienced
1. At least 20 days before the dale es(ab-
and qualified design professional and on
ENGTNEEWs reviewer the Application for Payment
lisped for each progress payment (but not more
and the accompanying data and schedules, that to
oflen than once a mon(h), CONTRACTOR shall
the best of ENGINEER's knowledge, information
submit to ENGINEER for review an Application for
and belief:
Payment filled out and signed by CONTRACTOR
covering the Work completed as of the dale or the
a. the Work has progressed to the point
Application and accompanied by such supporting
indicated;
documentation as is required by the Contract
Documents. Ir payment is requested on fife basis
b. the quality of the Work is generally in
of materials and equipment no( incorporated in (he
accordance with the Contract Documents (sub -
Work but delivered and suitably stored at lire Site
jecl to an evaluation of the Work as a function-
or at another location agreed in in writing, The
ing whole prior to or upon Substantial Comple
Application for Payment shall also be accompanied
firm, to (lie results of any subsequent tests
by a bill of sale, invoice, or other documentation
called for in the Contract Documents, to a final
warranting that OWNER has received [lie materials
determination of quantities and classifications
and equipment free and clear of all Liens and
for Unit Price Work under paragraph 9.08, and
evidence that the materials and equipment are
to any other qualifications slated in the
covered by appropriate property insurance or other
recommendation); and
arrangements to protect OWNER's interest tlnerein,
all of which must be satisfactory to OWNER.
c. the conditions precedent to
CONTRACTOR's being entitled (o such pay.
2. Beginning with the second Application
men( appear to have been fulfilled in so far as it
for Payrnenl, each Application shall include an
is ENGINEER's responsibility to observe the
affidavit of CONTRACTOR stating that all
Work.
previous progress pnymeals received on account
of the Work have been applied on account to
3. By recommending any such payment
discharge CONTRACTOR's legitimate obligations
ENGINEER will not thereby be deemed to have
associated with prior Applications for Payment.
represented than (i) inspections made to check the
quality or the quantity of the Work as it has been
3. The amount of relainage with respect to
performed have been exhaustive, extended to every
pro-gress payments will be as stipulated in the
aspect of (lie Work in progress, or involved de-
Agreement.
tailed inspections of the Work beyond the
responsibilities specifically assigned fo ENGINEER
in the Contract Documents; or (ii) That there may
not be other matters or issues between the parties
GENERAL CONDITIONS
00700 41
that might entitle CONTRACTOR to be paid
additionally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
4. Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of recotn.
mending payments nor ENGINEER's recommenda-
tion of any payment, including final payment, will
impose responsibility on ENGINEER to supervise,
direct, or control the Work or for The means, meth-
ods, techniques, sequences, or procedures of
construction, or the safety precautions and pro.
grants incident thereto, or for CONTRACTOWs
failure to comply with Laws end Regulations
applicable to CONTRACTOR's performance of llte
Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to
make any examination to ascertain how or for what
purposes CONTRACTOR has used the moneys
paid on account of the Contract Price, or to
determine that title to any of the Work, materials, or
equipment has passed to OWNER free and clear of
any Liens.
5. ENGINEER may refuse to recommend
the whole or any pan of any payment if, in
ENGINEER's opinion, it would be incorrect to snake
the representations to OWNER referred to in para-
graph 14.02.B.2. ENGINEER may also refuse to
recommend any such payment or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, revise or revoke
any such payment recommendation previously
made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed
Work has been damaged, requiring correction
or replacement;
It. the Contract Price has been reduced by
Written Amendment or Change Orders;
c. OWNER has been required to correct
defective Work or complete Work in actor
dance with paragraph 13.09; or
d. ENGINEER has actual knowledge of the
occurrence of any or The events enumerated in
paragraph 15.02.A.
C. PavnreulBecomesDue
1. Ten days after presentation of the
Application for Payment to OWNER with
ENGINEER's reeoutmendalion, the amount recom
mended will (subject to the provisions of paragraph
14.02.D) become due, and when due will be paid by
OWNER to CONTRACTOR.
D. Reduction in POVmenf
1. OWNER may refuse to make payment of
the full amount recommended by ENGINEER
because:
a. claims have been made against OWNER
on account of CONTRACTOR's perfomlance
or furnishing of the Work;
b. Liens have been filed in correction with
the Work, except where CONTRACTOR has
delivered a specific Bond satisfactory to OWN.
ER to secure the satisfaction and discharge of
such Liens;
c. there are 011ie" items entitling OWNER
to a set -off against Ilse amount recommended;
or
d. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.02.B.S.a through 14.02.B.5.c or
paragraph 15.02.A.
2. If OWNER refuses to snake payment of
the full amount recommended by ENGINEER,
OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating
the reasons for such action and promptly pay
CONTRACTOR any amount remaining after
deduction of the amount so withheld. OWNER
shall promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by
OWNER and CONTRACTOR, when CONTRAC.
TOR corrects to OWNER's satisfaction the reasons
for such action.
3. If it is subsequently determined that
OWNER's refusal of payment was not justified, the
amount wrongfully withheld shall be Treated as an
amount due as determined by paragraph 14.02.C.1.
GENERAL CONDITIONS 00700 -42
14.03 CONTRACTOR's Wall ontV r fTkle
A. CONTRACTOR warrants and guarantees that
title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the lime
of payment free and clearof all Liens.
14.04 Subsiantial Completion
A. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in willing that the entire Work is
substantially complete (except for items specifically listed
by CONTRACTOR as incomplete) and request ilia(
ENGINEER issue a certificate of Substantial Completion.
Promptly thereafter, OWNER, CONTRACTOR, and ENGI-
NEER shall make an inspection of the Work to determine
the status of completion. If ENGINEER does not consider
the Work substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially conplete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the
date of Substantial Completion. There shall be attached to
the certificate a tentative list of items to be completed or
corrected before Final payment. OWNER shall have seven
days after receipt of time tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within 14 days after submission of the tentative certificate
to OWNER notify CONTRACTOR in writing, stating the
reasons therefor. f, after consideration of OWNER's
objections, ENGINEER considers the Work substantially
complete, ENGINEER will within said 14 days execute and
deliver to OWNER and CONTRACTOR a definitive
certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected)
reflecting such changes from the tentative certificate as
ENGINEER believes justified after consideration of any
objections from OWNER. At the time of delivery of the
tentative certificate of Substantial Completion ENGINEER
will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, and protection of
lime Work, maintenance, heat, utilities, insurance, and
warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise ill writing and so inform
ENGINEER in writing prior to ENGINEER's Issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR unlit final payment.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete a correct items on the
tentative list.
14.05 Pnrliel Utilization
A. Use by OWNER at OWNER's option of any
substantially completed part. of the Work which has
specifically been identified in the Contract Documents, or
which OWNER, ENGINEER, and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of [lie remainder of (he
Work, ray be accomplished prior to Substantial Com
plelion ofall the Work subject to the following conditions.
1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such pail
of the Work is substantially complete, CON-
TRACTOR will certify to OWNER and ENGINEER
that such part of the Work is substantially
complete and request ENGINEER to issue a
certificate of Substantial Conplelion for that part of
the Work. CONTRACTOR al any date may notify
OWNER laid ENGINEER in writing that
CONTRACTOR considers any such part of the
Work ready for its intended use and substantially
complete and request ENGINEER to issue a certifi-
cate of Substantial Completion for that part of the
Work. Within a reasonable time after either such
request, OWNER, CONTRACTOR, and ENGINEER
shall make an inspection of that part of (he Work to
determine its status of completion. If ENGINEER
does no[ consider that part of the Work to be sub.
stantially conplete, ENGINEER will notify OWNER
and CONTRACTOR in writing giving the reasons
therefor. If ENGINEER considers that part of die
Work to be substantially complete, the provisions
of paragraph 14.04 will apply with respect to certifi-
cation of Substantial Conplelion of Thal pan of the
Work and the division of responsibility in respect
thereof and access thereto.
GENERAL CONDITIONS 00700A3
2. No occupancy or separate operation of
part of the Work may occur prior to compliance
With the requirements of paragraph 5.10 regarding
property insurance.
14.06 Final Inspection
A. Upon written notice from CONTRACTOR that
the entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a final inspection Willi
OWNER and CONTRACTOR and will notify CON-
TRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately lake such
measures as are necessary to complete such Work or
remedy such deficiencies.
14.07 Final Payment
A. dpplicarionfor Paymenr
1. Afier CONTRACTOR has, in the
opinion of ENGINEER, satisfactorily completed all
corrections identified during the final inspection
and has delivered, in accordance with the Contract
Documents, all maintenance and operating
instructions, schedules, guarantees, Bonds,
certificates or other evidence of insurance
certificates of inspection, marked -up record docu-
ments (as provided in paragraph 6.12), and other
documents, CONTRACTOR may make applicalion
for final payment following the procedure for
progress payments.
2. The final Application for Payment shall
be accompanied (except as previously delivered)
by: (i) all documentation called for in the Contract
Documents, including but not limited to the
evidence of insurance required by subparagraph
5.04.8.7; (ii) consent of the surety, if any, to final
payment; and (iii) complete and legally effective
releases or waivers (satisfactory to OWNER) of all
Lien rights arising out of or Liens filed in
connection Willi Ilse Work,
3. In lieu of tine releases or waivers of
Liens specified in paragraph 14.07.A.2 and as
approved by OWNER, CONTRACTOR may furnish
receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts
include all labor, services, material, and equipment
for which a Lien could be riled; and (it) all payrolls,
material and equipment bills, and other
indebtedness connected with the Work for which
OWNER or OWNER's property might in any way
be responsible have been paid or otherwise satis-
fied. If any Subcontractor or Supplier fails to
Furnish such a release or receipt in full, CON-
TRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER
against any Lien.
B. Review ofAppliealion and Acceprm+ce
1. If, on the basis of ENGINEER's observa-
tion of the Work during construction and final
inspection, and ENGINEER's review of the final
Application for Payment and accompanying docu-
mentation as required by the Contract Documents,
ENGINEER is satisfied Ilia[ the Work has been
completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled,
ENGINEER will, within ten days after receipt of the
final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and
present the Application for Payment to OWNER for
Payment. At the same time ENGINEER will also
give written notice to OWNER and CONTRACTOR
that the Work is acceptable subject to the provi-
sions of paragraph 14.09. Otherwise, ENGINEER
will return the Application for Payment to
CONTRACTOR, indicating in writing the reasons
for refusing to recommend final payment, in which
case CONTRACTOR shall make the necessary
corrections and resubmit the Application for
Payment.
C. Paymeni Becomes Due
L Thirty days after the presentation to
OWNER of the Application for Payment and
accompanying documentation, the amount
recommended by ENGINEER will become due and,
when due, will be paid by OWNER to CON-
TRACTOR.
14.08 Final Completion Delnved
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so confimns, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
Portion of the Work fully completed and accepted, if lice
remaining balance to be held by OWNER for Work not
GENERAL CONDITIONS 00700-44
fully completed or corrected is less than the relaitrnge
stipulated in the Agreement, and if Bonds have been
famished as required in paragraph 5.01, the written
consent of the surety to Elie payment of the balance due
for that portion of die Work fully completed and accepted
shall be submitted by CONTRACTOR to ENGINEER with
the Application for such payment. Such payment shall be
made under the terns and conditions governing fund
payment, except that it shall not constitute a waiver of
Claims.
14.09 Waiver ofClainrs
A. The making and acceptance of final payment will
constitute:
I. a waiver of all Claims by OWNER
against CONTRACTOR, except Claims arising from
unsettled Liens, from defective Work appearing
after final inspection pursuant to paragraph 14.06,
from failure to comply with the Contract
Documents or the terns of any special guarantees
specified therein, or from CONTRACTOR's
continuing obligations under (lie Contract Docu-
ments; and
2. a waiver of all Claims by CONTRACTOR
against OWNER other than those previously made
in writing which are still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of
not more than 90 consecutive days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date on
which Work will be resumed. CONTRACTOR shall
resume Ilre Work on the dale so fixed. CONTRACTOR
shall be allowed an adjusonem in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes a Claim therefor as provided in paragraph 10.05.
15.02 OWNER Mrm Terrninale for Couse
A. The occurrence of any one or more of the
following events willjuslify termination forcauxe:
1. CONTRACTOR's persistent failure to
Perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to
supply sufficient skilled workers or suitable materi-
als or equipment or failure to adhere to the prog-
ress schedule established under paragraph 2.07 as
adjusted from (line to time pursuant to paragraph
6.04);
2. CONTRACTOR's disregard of Laws or
Regulations of any public body having jurisdic-
tion;
3. CONTRACTOR's disregard of the
authority of ENGINEER; or
4. CONTRACTOR's violation in any
substantial way of any provisions of the Contract
Documents,
B. If one or more of the events identified in
paragraph 15,02.A occur, OWNER may, after giving
CONTRACTOR (and (he surely, if any) seven days
written notice, terminate the services of CONTRACTOR,
exclude CONTRACTOR from the Site, and take
possession of [lie Work and of all CONTRACTOR's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to Ilse full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all
materials and equipment stored at the Site or for which
OWNER has paid CONTRACTOR but which are stored
elsewhere, and finish the Work as OWNER may deem
expedient. In such case, CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) sustained
by OWNER arising out of or relating to completing the
Wort, such excess will be paid to CONTRACTOR. If such
claims, costs, losses, and damages exceed such unpaid
balance, CONTRACTOR shall pay the difference to
OWNER. Such claims, costs, losses, and damages
incurred by OWNER will be reviewed by ENGINEER as (o
their reasonableness and, when so approved by
ENGINEER, incorporated in a Change Order. When
exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price
for the Work performed.
GENERAL CONDITIONS 0070045
C. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect ally
rights or remedies of OWNER against CONTRACTOR
then existing or which truly thereafter accrue. Any
retention or payment of moneys due CONTRACTOR by
OWNER will not release CONTRACTOR from liability.
15.03 OINVERMovTermion le For Convenience
A. Upon seven days written notice to CON.
TRACTOR and ENGINEER OWNER may, without cause
and ,without prejudice to any other right or remedy of
OWNER, elect to terminate the Contract. In such case,
CONTRACTOR shall be paid (without duplication of any
items):
I. for completed and acceptable Work
executed in accordance with the Contract Docu-
ments prior to the effective date of Ermination,
including fair and reasonable sums for overhead
and profit on such Work;
2. for expenses sustained prior to the
effective date of lenninalion in performing services
and furnishing labor, materials, or equipmentas re-
quired by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable
sums for overhead and profit on such expenses;
3. for all claims, costs, losses, and damag-
es (including but not limited to nil fees and charges
of engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution cos(s) incurred in settlement of
tenninated conlracls with Subcontractors,
Suppliers, and others; and
4. for reasonable expenses directly
attributable to termination.
B. CONTRACTOR shall not be paid on account of
loss of anticipated profits or revenue or other economic
loss arising out of or resulting from such termination.
15.04 CONTRACTOR MaPStop Work or Terminate
A. If, through no actor fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive days by
OWNER or under an order of court oh• other public
authority, or ENGINEER fails to act on any Application for
Payment within 30 days after it is submitted, or OWNER
fails for 30 days to pay CONTRACTOR any stun finally
delemrined to be due, then CONTRACTOR may, upon
seven days written notice to OWNER slid ENGINEER, and
Provided OWNER or ENGINEER do not remedy such
suspension or failure within (ha( time, terminate the
Contract and recover from OWNER payment on the same
temps as provided in paragraph 15.03. In lieu of terminal -
ing the Contract and without prejudice to any other right
or remedy, if ENGINEER has failed to act on an
Application for Payment within 30 days after it is
submited,.or OWNER has failed for 30 days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may, seven days after written notice to
OWNER and ENGINEER, stop the Work until payment is
made of all such amounts due CONTRACTOR, including
interest lirereon. The provisions of this paragraph 15.04
are not intended to preclude CONTRACTOR from making
a Claim under paragraph 10,05 for an adjustment in
Contract Price or Contmct Times or otherwise for expenses
or damage directly attributable to CONTRACTOR',
stopping the Work as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION*
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if
any, shall be as set forth in the Supplementary Conditions.
If no method and procedure has been set forth, and
subject to the provisions of paragraphs 9.09 and 10.05,
OWNER and CONTRACTOR may exercise such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
dispute.
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 tie
notice.
17.02 Compnrnlion of Tines
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
GENERAL CONDITIONS 00700.46
exclude the firs( 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 Ilse law of the
applicable jurisdiction, such day will be omitted from the
computation.
17.03 CmnnladveRemedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition lo, 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 otltenvise imposed or available by Laws or Regula-
tions, 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 ofObligarions
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given in accor-
dance with the Contract Documents, as well as all continu-
ing obligations indicated in the Contract Documents, will
survive final payment, completion, and acceptance of the
Work or termination orcontplelion of the Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the laws of the
Slate of Texas. Venue shall be in the Slate District Courts of
Guadalupe County, Texas with respect to any lawsuit arising
out of or construing the terms and provisions of this
agreement.
GENERAL COMMONS 0070447
SUPPLEMENTARY CONDITIONS
SUPPLEMENTARY CONDITIONS
1. All workmanship and materials shall conform to contract specifications and applicable local
ordinances of the City of Schertz.
2. Technical specifications (other than those included) shall be the City of Schertz: Public
Works — General Construction Specifications.
3. This project will be constructed utilizing a partial road closure, except for emergencies. The
Contractor shall provide access for residents.
4. Contractor shall be responsible for restoring to its original, or better condition, any damage
done to existing shrubs, bushes, and mail boxes. (No separate pay item.)
S. Notice to Proceed will be issued indicating contract time to start within fifteen (15) days of
Notice of Award. Contract time will commence, and the Contractor will have ninety (90)
calendar days to complete work. Contractor is made aware of this to assure his preparedness
to begin and complete work upon Notice of Award.
6. It is the Contractors responsibility to see that all signs and barricades are properly installed
and maintained. All locations and distances will be decided upon in the field by the
Contractor, using the A Texas Manual on Uniform Traffic Control Devices. The City's
construction inspector and traffic engineering representative will only be responsible to
inspect barricades and signs. If, in the opinion of the traffic engineering representative and
the construction inspector, the barricades and signs do not conform to established standards
or are incorrectly placed or are insufficient in quantity to protect the general public, the
construction inspector shall have the option to stop operations until such time as the
conditions are corrected.
If the need arises, additional barricades and directional devices may be ordered by the City's
engineering representative at the Contractors expense.
8. Due to Federal Regulations Title 49, Part 192.171, C.P.S. must maintain access togas valves
at all times. The Contractor must protect and work around any gas valves that are in the
project area.
9. Contractor shall notify Sam Willoughby, Director of Schertz Public Works (210- 658 -7065)
or Don McCrary & Associates Inc., Office (210- 349 - 2651), twenty-four (24) hours prior to
backfill or testing.
10. Contractor shall preserve all construction stakes, marks, etc. If any are destroyed or removed
by the Contractor or his employees, they shall be replaced at the Contractors expense.
11. Contractor shall notify all utility companies prior to construction to determine the location of
existing utilities. Contractor shall notify the following at least forty-eight (48) hours prior of
existing utilities and to excavation operation:
DIGTess ........................................................... ............................... 1- 800 - 828 -5127
TexasOne Call ...................................... ........... ........... ...................... 1 - 800 - 245 -4545
Cityof Schertz ...................................................... .............................1- 210 - 658 -7065
Lone Star Notification ............... ........................................................ 1 - 800 - 669 -8344
12. The existence and location of underground utilities indicated on the plans are taken from
available records and are not guaranteed, but shall be investigated and verified by the
Contractor before starting work. The Contractor shall be held responsible for any damage to
and for the maintenance and protection of the existing utilities even if they are not shown on
the plans. Location and depth of existing utilities shown here are approximate only. Actual
locations and depth must be verified by the Contractor prior to construction and shall be
responsible for protection of same during construction.
13. If the Contractor encounters any archaeological deposits during construction operations, the
Contractor must stop excavation immediately, contact the Consulting Engineer at 210 -349-
2651 for an archaeological investigation. The Contractor cannot begin excavation again
without written permission from the City.
If more than three days are required for investigation (not including holidays and weekends)
and if the Contractor is unable to work in other areas, then the Contractor will be allowed to
negotiate for additional construction time upon written request within ten (10) days after the
first notice to the City of archaeological investigation for each event.
If the time required for investigation is less than or equal to three days for each event,
contract duration will not be extended.
14. All bonds must be from a reputable bonding agency with an (A +) rating or better. All others
will be rejected.
15. Second and/or third Party Bonding will not be permitted on this Project. The Prime
Contractor must provide their own bonding as specified herein.
16. The Prime Contractor must be the Contractor performing the majority of the project specified
work, not the subcontractors.
17. All employees of the selected Contractor working on or in the City of Schertz and to include
their Sub - Contractor's, shall wear a proper uniform clothing, which identifies the company
they represent, through the duration of this project.
18. All preformed work will be completed in such a manner, that the final appearance will be
neat, even and aesthetically pleasing as well as structurally sound.
19. In accordance with 4.02 the Engineer utilized the geotechnical reports dated 9/25/08 &
10/9/12 as prepared by Terracon.
CONSTRUCTION
SPECIFICATIONS
1
CONSTRUCTION SPECIFICATIONS
All Standard Specifications
and Special Specifications applicable to this project are to be completed
in conformance with:
CITY OF SCHERTZ: PUBLIC WORKS GENERAL CONSTRUCTION SPECIFICATIONS
(Including the latest revisions and additions thereof)
AND ALL OTHER SPECIFICATIONS HEREIN
ITEMS
DESCRIPTION
01502
Mobilization
01555
Barricades, Signs and
Traffic Handling
01570
Storm Water Pollution and Prevention Plan
01580
Project Identification Signs
01732
Water Valve Assistance
02233
Clearing and Grubbing
02260
Trench Excavation Safety Protection
02315
Roadway Excavation
02330
Enbankment
02714
Flexible Base
02741
Asphalt Concrete Pavement
02742
Prime Coat
02743
Tack Coat
02316
Excavation and Backfill for Structures
02921
Hydromulch
1
I 02751
Concrete Paving
02752
Concrete Pavement Joints
02753
Concrete Pavement Curing
02754
Concrete Driveways
2926
Erosion Control Matting
542
Silt Fence
544
Rock Cabions
506
Structural Concrete (Headwalls)
505
Concrete Riprap
101
Prepare R.O.W.
2
ADDENDA
ADDENDUM NO.1 (A -1)
SCHERTZ RURAL ROADS PHASE II
STREET IMPROVEMENT PROJECT:
Ware Seguin Road & Lower Seguin Road
This Addendum adds a bid item for the Geogrid Layer to the pavement section for Ware Seguin Road.
Bidders must substitute the attached Proposal "Page 3 -A1" in lieu of the "Page 3" of the `Bid Proposal'
section of the Bid Documents, and acknowledge inclusion of the Addendum No.1 in your Bid.
If you have any questions please call Don McCrary and Associates at (210)349 -2651
Project No. 11011
May 2013
Prepared By
Y%
Don McCrary and Associates Inc.
323 Breesport St.
San Antonio, TX. 78216 -2602
(210)349 -2651
(210)349 -2653
3 -A1
I 7
Asphalt (3" Type "D" HMAC) [02741] SY
7,150 $
$
[02741]
Dollars
8
Tack Coat @ 0.1 Gal /SY [02743] GAL
715 $
$
Dollars
9
Prime Coat @ 0.2 Gal /SY [02742] GAL
1,430 $
$
Dollars
10
Crushed Rock Base @ 20" SY
7,150 $
$
(Entire 28' Width) [02714]
Dollars
10a
Tensar TriAx TX -5 Geogrid Layer SY
7,150 $
$
Dollars
11
Moisture Conditioned SY
7,150 $
$
& Compacted Subgrade
Dollars
12
Hydromulch [02921] SY
10,000 $
$
Dollars
13
Pavement Striping 4" Yellow LF
4,300 $
$
Dollars
14
Pavement Striping 4" White LF
4,400 $
$
Dollars
15
18" C.M.P. [02642] LF
75 $
$
Dollars
16
6" Concrete Rip -Rap SY
70 $
$
Dollars
3 -A1