Rural Roads Phase II Street Improvement ProjectTHE CITY OF SCHERTZ TEXAS
RURAL ROADS PHASE II STREET IMPROVEMENT
PROJECT
# 13- PW- 19 -S -01
May 8, 2013
Project No. 11011
Corridor to the Future
CITY OF SCHERTZ, 1400 SCHERTZ PARKWAY, SCHERTZ, TEXAS 78154
CONTRACT
AND
SPECIFICATIONS
FOR
Prepared For:
CITY of SCHERTZ, TX
1400 Schertz Parkway
Schertz, TX 78154
Project No. 11011
May 2013
Prepared By
Don McCrary and Associates Inc.
323 Breesport St.
San Antonio, TX. 78216 -2602
(210)349 -2651
(210)349 -2653
TABLE OF CONTENTS
NUMBER OF
PAGES
ADVERTISEMENT TO BIDDERS I
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 PRECEDE
GENERAL CONDITIONS
SPECIAL CONDITIONS
CONSTRUCTION SPECIFICATIONS
ADDENDA
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 he 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 114, 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 NAmv.schertz.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.
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 Govermuent 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 tench 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 contactors, 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.
INS'TRUCTI ®NS
WE
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.
4. 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
c. 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 easements 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 %) 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 furnish 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
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.
7. 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.
9. 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 ofmaterial
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 otherpersons 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 Successftd 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. PJMPARATION OF BID: The Bid Form is included with the Bidding Documents;
additional copies maybe 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 scaled 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 ofthe 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 OFBIDS: 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 wil l 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. Withinten (10) days
thereafter, Owner shall deliver one fiilly 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.
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i
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
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 (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 Workers 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.
Ban 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 ENGINEERwritten notice of all conflicts, errors ordiscrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
ARTICLES. 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 Sehertz 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
4
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
2013
OWNER: City of Schertz CONTRACTOR:
1400 Schertz Parkway
Schertz, Texas 78154
W
(CORPORATE SEAL)
Attest
Address forgiving notices:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
ff-W
Attest
Address for giving notices:
G
(CORPORATE SEAL)
Bid Proposal
To
The City of Schertz
for
RURAL ROADS PHASE II STREET IMPROVEMENT PROJECT
THIS BID IS SUBMITTED BY:
THIS BID IS SUBMITTED TO: The City Of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
I. 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 O WNER's Notice of
Award.
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
Number
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,
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
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 ROADS PHASE II STREET IMPROVEMENT PROJECT
5. Numbers in brackets are City of Schertz Public Works Specifications numbers.
BASE BID WARE SEGUIN ROAD
Unit Price
Total Price
Item
Description & Unit Price (words)
Unit
OTY
Numbers
Numbers
1
Mobilization /Bonding [01502]
LS
1
$
$
Dollars
2
Traffic Barricades, Signs etc.
LS
1
$
$
[01555]
Dollars
3
Silt Fence [01570]
LF
4000
$
$
Dollars
4
Rock Gabions [01570[
LF
50
$
$
Dollars
5
Roadway Excavation
CY
4600
$
$
[02315]
Dollars
6
Asphalt (3" Type "D" HMAC)
SY
7,375
$
$
[02741]
2
7 Tack Coat @ 0.1 Gal /SY GAL 700 $ $
[02743]
8 Prime Coat @ 0.2 Gal /SY GAL 1,400 $ $
[02742]
Dollars
9 Crushed Rock Base @ 20" SY 7,375 $ $
(Entire 28' Width) [02714]
11 Moisture Conditioned SY 7,375 $ $
& Compacted Subgrade
12 Hydromulch [02921] SY 10,000 $ $
Dollars
13 C.M. Pipe 18" [02642) LF 50 $ $
14 Sign Relocation (removal only) EA
Dolls
15 Mailbox Relocation (removal only) EA
16 R.O.W. Preparation [101] LS
2 $ $
10 $ $
1 $ $
17 Fine Grading Bar Ditch SY 6,000 $ $
K?
Additive Alternates — Ware Seguin:
AA1 LIME STABILIZED SUBGRADE SY 7,375 $ $
Dollars
AA2 LIME (30# / S.Y.) TONS 110 $ $
Base Bid -- Ware Seguin $
Time required to complete Base Bid —Ware Seguin, days
Base Bid Notes — Ware Seguin
BASE
BID LOWER SEGUIN ROAD
Unit Price
Total Price
Item
Description & Unit Price (words)
Unit
OTY
Numbers
Numbers
1
Mobilization /Bonding [01502]
L.S.
1
$
$
Dollars
2
Traffic Barricades, Signs etc.
L.S.
1
$
$
[01555]
Dollars
3
Silt Fence [01570]
L. F.
600
$
Dollars
4
Rock Gabions [01570]
L. F.
20
$
$
Dollars
5
R.O.W. Preparation [ ]
L.S.
1
$
$
51
6 C.M. Pipe 18" [02642]
LF
60 $
$
Dollars
7 6" Concrete Rip -Rap [ ]
SY
50 $
$
Dollars
8 6" Concrete Driveways [02754]
SY
810 $
$
Dollars
9 Guardrail [TXDot SGT (7) 31 -111
LF
100 $
Dollars
Base Bid - Lower Seguin $
Time required to complete Base Bid — Lower Seguin,
days
Base Bid Notes — Lower Seguin
Total Base Bid (Ware Seguin & Lower Seguin) $,
Total Time Required (Ware Seguin & Lower Seguin)
5. BIDDER agrees that all work will be substantially complete with the time specified in
article 3.1 of the contract agreement and complete and ready for final payment as
indicated.
BIDDER accepts the provisions of the Agreement with regard to liquidated damages
in the event of the contractor's failure to complete work on time.
BIDDER accepts and agrees, unless stipulated in this Bid.
6. The following documents are attached to and made a condition of this Bid:
a. A tabulation of Subcontractors, Suppliers and other persons and organizations
required to be identified in this Bid.
5
b. If additional time is required to order and furnish equipment, please indicate total
time required to complete
Wilii M
7. Communications concerning this Bid can be addressed to the following address:
8. The terms used in this bid which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the
meanings assigned to them in the General Conditions.
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
checked and are submitted as correct and final.
Submitted on
By:
Title:
If BIDDER is:
An Individual
By
2013
(Individual's Name)
doing business as
Business add
I•;
A Partnership
By—
(Seal)
(Firm Name)
(General Partner)
Business address:
Phone
A Corporation
3
(Corporation Name)
(State of Incorporation)
By
(Name of persons authorized to sign)
(Title)
(Corporate Seal)
Attest
(Secretary)
Business address:
Phone No:
A Joint Venture
By
By
(Name)
(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.
7
Mal
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 or 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
PRINCIPLE (Print Finn Name)
By:
Address:
SURETY
(Print Firm Name)
Title:
'By.
Title:
Address:
*Note: Ifsigned by and 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 all Attorney in Fact, we must have copy of power of
attorney for our files.
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
NOTICE
OF
AWARD
NOTICE OF AWARD
TO:
(BIDDER)
ADDRESS:
Dated:
CONTRACT FOR RURAL ROADS PHASE II STREET IMPROVEMENT PROJECT
The Contract Price of your contract is
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.
You must deliver to the OWNER four filly executed counterparts ofthe 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
Don McCrary
(OWNER'S AGENT)
By
(AUTHORIZED SIGNATURE)
President
(TITLE)
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
By
this the day of
By
Title
20 .
NOTICE
TO
To:
For: The City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
NOTICE TO PROCEED
Date:
Project: RURAL ROADS PHASE II
STREET IMPROVEMENT
PROJECT
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 Contract
Documents. As per our agreement, the dates of Substantial Completion and Final Completion are
2013 and 2013, respectively.
Before you may start any work at the site, paragraph 2.7 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:.
Don McCrary & Associates. Inc. City Engineers Office
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged by
this the
of
91
Title
_ day
,2012
By Don McCrary
Title President
KIM "
IN: �o
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS CONENTCI'EE
and
Issued and Published Jointly By
PROCESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CR71L ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
Construction Specifications institute
EICDC No. 1910 -5 (1996 Edition)
CopyrightD1996.
National Society of Professional Engineers
1420 King Street, Alexandria, SSA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 470r Sireel, New York, NY 10017
GENERAL CONDMONS 00700.2
TABLE OF CONTENTS
Pa9le
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ............................................................................................... ..............................6
1.01 Defined Te nns ................................................................................................................................ ..............................6
1.02 Terminolog ................................................................................................................................... ..............................8
ARTICLE2 - PRELIMINARY MATTERS .......................................:,.........................................,::......,.................... ......,.......................9
2.01 Delivery of Bonds .......................................................................................................................... ..............................9
2.02 Copies ofDocaments .................................................................................................................... ..............................9
2.03 Commencement of Cont)-act Times; Notice to Proceed ......................................................... ..............................9
2.04 Starting the B'ork ......................................................................................................................... ..............................9
205 Before Starting Cmrrn• action .......................•.........................................................._................. ..............................9
2.06 Preconsiruction Conference ........................................................................................................ .............................10
2.07 Initial Acceptance of Schedules .................................................................................................. .............................10
ARTICLE 3 - CONTRACT DOCUMENTS: IN M91', AMENDING, REUSE ...................................•................... ..............I................ 10
3.01 Intern ............................................................................................................................................. .........- ..................... 10
3.02 Reference Standards., .......................................................... ........................ ............................................................ 10
3.03 Reporting and Resolving Discrepancies ................................................................................... .............................10
3.04 Amending and Supplementing Contract Documents............ ......................................................................... ...... 11
3.05 Reuse ofDocunnents ....................................................................................................................... .............................I1
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
4.01 Avoilabiltty ofLonds ..................................................................................................................... .............................11
4.02 Substoface and Phvsical Condi tions ......................................................................................... .............................12
4.03 Differing Subsurface a* Pkvsical conditions ..............................................................;........... .......................,....,12
4.04 Undegr ound Facil ities .............................................................................................................. ............................... 13
4405 Reference Points .. ... ....................................................................... ............................... .......,.....................13
4.06 Hazardous Environmental Condition at Site... . ............................ ..... _ - ....... _..... r n
ARTICLE5 - BONDS AND INSURANCE ............ ............................•.........................,......................................,..,..... .............................15
5.01 Performance, Pavmenb and Other Bonds ................................................................................ .........._..,...............15
5.02 Licensed Sureties and insurers ................................................................................................... .............................15
5.03 Certificates ofInstamrce .............................................................................................................. .............................15
5.04 CONTRACTOR's Liability Insurance ........................................................................................ .............................15
5.05 011WER's Liability Insurance ..................................................................................................... .............................16
5.06 Properfv Insurance ........................................................................................................................ .............................16
5.07 Waiver of Rights ............................................................................................................................. .............................17
5.08 Receipt and Application of insurance Proceeds ...............................................................•..... .............................18
5.09 Acceptance of Bonds and Insurance; Option to Replace ................................................•.... ............................... 18
5.10 Partial Utilization, Acknowledgment of Property Ltsa• er..._ ............................................... .............................18
ARTICLE 6 - CONIRACTOR'S RESPONSIBILITIES.., 18
6.01 Supervision and Superintendence ....:...............•........................................................................ .............................18
6.02 Labor, Working Hours .................................................................................................................. .............................19
6.03 Services, Materials, and Equipm ent .......................................................................................... .............................19
6.04 Progress Schedule ........................... ................................................................................ ........................................... 19
6.05 Substitutes and "Or-Equals - ...................................................................................................... .............................19
6.06 Concerning Subcontractors, Suppliers, and Ot hera ............................................................ .............................21
GENERAL CONDITIONS 00700 -3
6.07 Patent fees andRaval tico ........................................................................................................... .............................21
6.08 Permit s....... ...................................................................................................................................... .............................22
6.09 Later and Regulat ions .................................................................................................................. .........................::..22
6.10 Taxes ......... ........................................................................ .............................22
6.11UseafSheand0tberAreas ......... .............................................................:..:..... .............................22
6.12 Record Documents.......... ......... ......... . ........ .............:.. .............................22
6.13 Safetv and Protection.... ......... ..................................... ............................23
6.14 Sq%4vRepr•esentative ................................................................... ..:•;... ......... .........:23
6.15 Hozard Communication Programs..... .............................. ...................... :. 91
Shop Drawings and Samples, .............. ...... .
.......:..,..:.:
..F1
. .a .
66.17
.18 Continuing the Vork .................. ......................... .................. .
..........:....,24
::::25
6.19 CONTRACTOR's General Warrau, and Guarantee ................. 4......•................ .
...:....:........;.
... .........25
6.20 Indemnification ...... . ........ . .... : ......... . ......... . ....................... .. ........ ................. .........
....,..:. ..........25
ARTICLE7.OTHER WORK ...............................................................................................................:.......................
....:......:.................26
7.01 Related ]fork at Site .................................................................................................................:...
........:...:..:...........:.26
7.02 Coordination, .... d- ............ 66-6 ..... ...................... -d- .................................. ...............
............. ................. 44 .... 26
ARTICLE 8.OWNER'S RESPONSIBILITIES ............................................................:...........:..................:......::.......
.............................27
8.01 Communications to Contr actor ..................... ....4.......6.4............4... .........
......... ........27
8.02 Replacement ofENG1A' EER ................................ ......4........................ .........
......... .........27
8.03 Furnish Data ....:::...........................................................................................................................
.............................27
8.04 Pav Pranpdv When Due ..................... .......................................:...................:...:.........
......:... ...........................27
.
8.05 Lands and Easennents; Reports and Tests .................... ........................4.4.... ...:....................
..............:..............27
8.061us urance......... ...... ....... . .... . ... .... ..... . .... .. ........ .... ........ . ......... .... ......... ................... ...
......4.. .........27
8.07 Change Orders- ... d_ .... 4 .... 44d ... 4.66 ............. 66 ............ 4 ..................
8.08 hnspections; Tests, and Approvals .............................................................:.................:.:............
.........;...................27
8.09 Limitations oil tOIYNER's Responsibilities .............................. .....4.............4........4.:
........... - .......,.27
8.10 Undisclosed Hazardous F,nvhanaental Condition- ......... 4 ...... 4 ....... 4.......4 .............
....4..4.. .:.......27
8.11 Evidence of Financial Arrangentents ............................................•.......... ...............6..............;
...........................27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ......................................................................:.
..::........................27
9.01 OIYNER'S Representative ............................................................................................•..............
..................:..........27
9.02 Visits to Site ........... 4 ........ 4 ............. .......4..4............ ............444.......4........ , ............................
..:..::...................1::28
9.03 P1 oject Represent ative ..................................................................................................................
................:............28
9.04 C1cnlfications and Gnten pn etaians .... 16 ...............4.......4. ........... 4444.....
44:4:4:. ...........28
9.05 Authorized I'ariatio ns in i1' a• k .............. ...... ...... ....... ...................,.... .....;:.
4444;.: 4444.., 28
9.06 Rejecting Defective Work. ............... ..............6................ .:.....:.:........ ...........................:..:
4.:...:......................29
9.07 Shop Drawings. Change Orders and Pat' neen ts ................................................................._....
.....................:...:...29
9.08 Deten nirutionsfor• Unit Price B' ak ....................................................................................
.....................:.:.....28
9.09 Decisions one Requirements of Contract Documents aed Acceptability ofWoik ...............
.............................28
9.10 Limitations on ENGINEERSs Authority and Responsibilities ...............................................
.............................28
AR'T'ICLE 10 - CHANGES IN THE WORK; CLAIMS ...............................................................................................
.............................29
10.01 Authorized Changes in the Wo A ..............................................................................................
.............................29
10.02 Unauthorized Changes in the IYa• k .........................................................................................
.............................29
10.03 Execution of Charge Orders........... .........................................................................................
.............................30
10.04 Notifucatlon to Surety- .......... ..........:..............................................................,........................
.............................30
10.05 Claims and Disputes ...................................:...............................................................................
.............................30
ARTICLE 11 - COST OF TEE WORK; CASH ALLOWANCFS; UNIT PRICE WORK.,
11.01 Cost ofthe Work-, ........ d.4 ..... 4.46 .......... 4 .......... 4 ............ 4 .... 4 ....... 4'.4..6 ........................
an
GENERAL CONDITIONS 00700 -4
11.02 Cash Allowances
1.03 Unil Price
ARTICLE 12 • CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ....................................... .............................33
12.01 Change of Contract Price .......................................................................................................... .............................33
12.02 Change of Contract Times ..........................:.:............................................................................ .............................34
12.03 Dele vs Beyond CONTRACTOR's Conn• ol ............................. ............................... ...........34
12.04 Delgms Within CONTRACTOR's Conti o1 `......... ..... .............................34
1205DelgtsBgond 01VA'ERS and CONTRACTORS Control ........: .......... ............................... _ ... 34
12. 06De1gvDmuages ................. . .... .... .... . ..................... . .... .... .......... ....... I ....... I .... ....__ _ _ _ IA
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
--_.._,._... ._.__ ....
13.01 Notice gjDef ects .......................................................................................................................... . ... . . .. . ......... .... ........ .
.....................34
13.02 Access to iYork ............................................................................................................................. .............................34
13.03 Tests and Inspect ions .................................................................................................................. .............................35
13.04 Uncovering i York ......................................................................................................................... .............................35
13.05 01MVER Mav Stop the Ii'ak ...................................................................................................... .............................35
13.06 Cut rection or Rem .
oval of Defective I York ..........................................................-.........,....... .....•.......................36
13.07 Correction Period ........................................................... . .................................... ......... . ........ ..... .... ................ ......... 36
13.08AcceplonceofDefective IYork ...................................................... ..............................._........... ..... ........... . ......... ..... 36
13.09 OWNER Afgv Correct Defective Work ...................................................................................... .............................36
ARTICLE 14 • PAYMENTS TO CONTRACTOR AND COMPLETION ................................................................
.............................37
14.01 Schedule. ofYal es .................. ........................ ......... ................................................................................................
14.02 Progress Payments ................:.....................:...............................................................................
37
.............................37
14.03 CONTRACT OR's Warranh' of Title ...................................................................._.....................
.............................38
14.04 Substantial Completion .............................................................................................................
14.05 Partial Utili: atioi ...................... .... ........................ ..... ......... ......................
...........:.................39
.........................._..39
14.06 Fbml Lispection .........................................,:...............................................................................
................,............39
14.07Final Pavmetu ............................. ..................... ..:...,...........••...,.....:............................................
........... ...... ... ......... 40
14.08Final Completion Delayed ................................................................................................
14.09 Waiver of'Clainu .........................................................................................................................
.............................40
.............................AI
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ........................................................................
1
15.01 OWNER May Suspend Work ....................................................................................................
........_.....................A
.............................41
15.02 OWNER Alai, Terminatefor Cause ...............................................................,.........................
.............................Al
15.03 OIYNER Mov Terminate For Convenience .............................................................................
.............................41
15.04 CONTRACTOR Mgv Stop Bork or Terminate ........................................................................
.............................42
ARTICLE16 - DISPUTE RESOLUTION .....................................................................................................................
.............................42
16.01 Methods and Procedures .............................................................. .........................
___... Al
ARTICLE17 - MISCFJ LANE. OUS ............................................................................................................................... ..............:..............43
17.01 Giving Notice ..:.....................::..................................................................................................... .............................43
17.02 Computation of Times ......................:.:........,........................................................................,..., .......:....................43
17.03 Cumulative ............ .................................................................................................................................. .43
17.04 Survival of Obligations ..................:................................................................•...,•..................... .............................43
17.05 Controlling Law ........................................................... .................................................................. .. ___ .___. 4¢
GENERAL CONDITIONS 00700 -5
GENERAL CONDITIONS
ARTICLE I - DEFINITIONS AND TERd4INOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, tale terms listed
below, will have the meanings indicated wldeh 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 instmment which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Pnvnrent -The. :four
acceptable to ENGMER 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 that contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety and
Health Administra(ion.
5. .Bid- -The offer or proposal of a bidder
submitted on the prescribed form selling forth the prices
for the Work to be perforated.
6. Bidding Documents- -The Bidding
Requirements and the proposed Contract Documents (in-
cluding all Addenda issued priorto receipt of Bids).
7. Bidding Requirements- -The Advertisement
or Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and lbe Bid form with any supplements.
8. Bonds.- Performance and payment bonds and
other instrumen is 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 an adjushnent in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement.
10..Cloinr - -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 terms of the Contract. A demand for money
or services by a third party is not a Claim.
I I. Contract-=The entire and integrated written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract . supersedes prior
negotiations, representations, or agreements, whether
written or oral
12. Contract 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 (inciud , .
ing documentation accompanying the Bid and any post
Bid documentation submitted prior to (lie 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 the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENOWEER'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 formal of text, data, graphics, and the like
that may be famished by OWNER to CONTRACTOR Fire
not Contract Documents.
13. Conract Price - -The moneys payable by
OWNER to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.07
in the case. of Unit Price Work).
14. Contract Times —The number of days or the
dates stated in the Agreement to: (i) achieve Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGMEER'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 Iflork- -See paragraph I LOLA for
definition.
17. Drawings- -That part of the Contract
Documents prepared or approved by ENGINEER which
graphically shows the scope, extent, and character of the
Work to be performed by CONTRACTOR. Shop
Drawings and other CONTRACTOR submittals are not
Drawings as so defined.
18. Efeclive Date of the dgreemeni- -The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
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 famish
services as ENGINEER'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 the Contract Price or
the Contract Times.
22, Genera! Regiiirenients -- Sections of Division
I of the Specifications. The General Requirements pertain
to all sections of the Specifications.
23.. Hazardous F,ni,horonental Condition - -The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities orcircunistances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. Hazardous !Paste- -The term Hazardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
25. Laws and Regulations; Laws or Regulat-
ions- -Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental
bodies, agencies, authorities, and courts having
jurisdiction.
26. Liens -- Charges, seem ity interests, or
encumbrances upon .Project funds, real property, or
personal property,
27. Afilestone - -A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Comp lesion of all the
Work.
28. Notice. of .ward- -The written notice by
OWNER to the apparent successful bidder slating that
upon timely compliance by the apparent successful bidder
with the conditions precedent listed therein, OWNER will
sign and deliver the Agreement.
29. Notice to Procced - -A written notice given
by OWNER to CONTRACTOR fixing the date on which
the Contact Times will commence to run and on which
CONTRACTOR shall start to perform the Work under the
Contract Documents.
30. O11'A'ER- -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 part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work,
32. PCIls— Polychlorinated biphenyls.
33. Pal roleum - Petrol eun, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperatue 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 performed under the Contract Docurnents may
be the whole, or a part as may be indicated elsewhere in
the Contract Documents.
35, Project Afgnual —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 the table(s) of contents.
GENERAL CONDITIONS 00700 -9
36. Radioactive Moterlal -- 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 to tine.
37. ResiderttProjectRepresentatire•-Thcautho-
rized representative of ENGINEER who may be assigned to
the Site or any part thereof.
35.. 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. Site - -Lands or areas indicated in the
Contract Documents as being furnished by OWNER upon
which the Work is to be performed, including rights -of-
way and casements for access thereto, and such other
lands furnished by OWNER which are designated for (Ile
use of CONTRACTOR.
41. S))ee{reatiots --Thal 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. SubcaUroctor - -An individual or entity
having a direct contract wiW CONTRACTOR or Nvith any
other Subcontractor for the performance of a part of the
Work at the Site,
43. Substantial Complelton- -The time at which
the }York (o' a specified part thereof) has progressed to
the point where, in the 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 temts
"substantially complete "and "substantially completed" as
applied to all or }tan of the. Work refer to Substantial
Completion thereof.
44. Supplenwnlarr Conditions- -That part of (lie
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 equipmenito be incorporated in the
Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities - -All underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, 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 co inumcations,
cable television, water, wastewater, stomi water, other
liquids or chemicals, or tmftic or other control systems.
47. Unit Price Work- -Work to be paid for on the
basis of unit prices.
48. Mork —The entire completed construction or
the various separately identifiable palls 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 furnishing, installing, and
incorporating all materials and .equipment into such
construction, all as required by (he Contract Documents.
49. li'oik Change Directive - -A written
statement to CONTRACTOR issued on or after the
Effective Date of the Agreement and signed by OWNER
and reconmended by ENGINEER ordering an addition,
deletion, or revision in the Work, or responding to
differing or unforeseen subsurface or physical conditions
under which (he 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
the parties expect flint 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, oil the Contract Price
or Contract Times,
50. Written Amendment - -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 tile nonengineering
or nontechnical rather than strictly construction-related
aspects of the Contract Documents.
GENERAL CONDITIONS 00700 -8
1.02 TermAmlogy
A. Intent gl'Certoin Ternrs or Adjectives
I. Whenever in the Contract Documents the
temrs "as allowed, "as approved,' or terms of like
effect m 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 the Work, it is intended that such
action or determination will be solely . to evaluate, in
general, the completed Work for compliance with time
requirements of and information in the Contract
Documents and conformance Willi time 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 duty or authority to undertake responsibility
contrary to the provisions of paragraph 9.10 or any
other provision of the Contract Documents.
B. Drry
1. The word "day" shall constitute a
calendar day of 24 hours measured from midnight
to the next midnight.
C. Defective
1, The sword "defective," when modifying
the word "Wort:," refers to Work that is
unsatisfactory, faulty, or deficient in that it does
not conform to the Contract Documents or does
not meet the requirements of any inspection,
reference standard, test, or approval referred to in
the Contract Documents, or has been damaged
prior to ENGINEER's recommendation of full]
payment (unless responsibility for the protection
thereof has been assumed by OWNER at
Substantial Completion in accordance with
paragmph 14,04 or 14.05).
D. Furuislr, brstnli, Peuform. Provide
1. 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 some other
specified location) ready for use or installation and
in usable or operable condition.
2. The word "install." when used in
connection with 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 "perfomt" or "provide,"
when used in connection with services, materials,
or equipment, shall mean to furnish and install said
services, materials, or equipment complete and
ready for intended use.
4. When "famish," "install;' "perfomt;' or
"Provide" is not used in connection with services,
materials, or equipment in a context clearly requiring
an obligation of CONTRAC'T'OR, "provide" is
implied.
E. Unless stated otherwise in the Contract Docu-
ments, 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 of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be
required to famish.
2.02* Copies ojDoeuments
A. OWNER shall famish to CONTRACTOR up to
ten copies of the Contract Documents. Additional copies
will be furnished upon request at the cost of reproduction.
2.03 Commencement ofConn•nM Times; Notice to
Proceed
A. The Contract Times will commence to mn on the
thirtieth day after the Effective Date of the Agreement or,
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within 30 days after the Effective Date of the
Agreement. ]it no event will the Contract Times corn
GENERAL CONDITIONS 00700 -9
men cc to run later than the sixtieth day after the day of Bid
opening or the thirtieth day after the Effective Date of the
Agreement, whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perfomt the Work
on the date when the Contract Times eonmenceto run,
No Work shall be done at the Site prior to the date on
which Ole Contract Times commence to run.
2.05° Before Starting Construction
A. CONTRACTOR's Review of Contract Docta
meats: Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein 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 the Agreement (unless otherwise
specified in the General Requirements), CONTRACTOR
shall submit to ENGINEER for its timely review;
I. a preliminary progress schedule indicat-
ing the times (numbers of days or dates) for suml.
ing and completing the various stages of the Work,
including any Milestones specified in the Contract
Documents;
2. a preliminary schedule of Shop Drawing
and Sample submittals which will list each required
submittal and the 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 the
Contract Price and subdivides the Work into
:component parts ht sufficient detail to serve as the
basis for progress payments during perfoniiance of
the Work, Such prices will include an appropriate
amount of overhead and profit applicable . to each
itenr of Work.
C. Evidence of brsuronce: Before any Work at the
Site is started, CONTRACTOR and OWNER shall each
deliver to the other, with copies to each additional insured
identified in the Supplementary Conditions, 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 PreconstruclionCorference
A. Within 20 days after the Contract Times start to
ran, but before any Work at the Site is started, a
conference attended by CONTRACTOR, ENGINEER, acrd
others as appropriate . will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.05.13,
procedures for handling .Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
2.07 /nitia(AcceplonceofScherddes
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of tine 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
pamgraph2.053. CONTRACT 'ORshall have anadditional
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 to ENGINEER.
I. 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 fill 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 he acceptable to ENGINEER as to form mid
substance if it provides a reasonable allocation of
the Contract Price to component pails of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01* Intern
A, The Contract Documents are complementary;
what is called for by one is as binding as if called for by
all.
B. If 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 from the
Contract Documents or from prevailing custom or trade
usage as being required to produce lire 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 Reference 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 be specific or
by implication, shall mean the standard,
specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the
Effective Due 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,
specification, manual or code, or any instruction of
a Supplier shalt 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 perfomtance of
the Work or any duty or authority to undertake
responsibility inconsistent with the provisions of
the Contract Documents.
3.03 Reparlingand Resolving Discrepancies
A. Reporting Discrepancies
1. If, during the perfomtance of the Work,
CONTRACTOR discovers any conflict, error, ambi.
guity, or discrepancy within the Conmet
Documents or between the Contract Documents
and any provision of any Law or Regulation
applicable to the perfomtance 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 at once.
CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as
required by paragraph 6.16.A) until rat amendment
or supplement to the Contract 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
lhcrcof
B. Resolving Discrepancies
1. Except as may be othervise specifically
stated in the Contract Documents, the provisions
of the Contract Documents shall take precedence in
resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Con -
tract Documents and:
a. the provisions of any 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: (t) a Written Amendment; (11) a Change
Order; or (till a Work Chance Directive.
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)
ENOWEER's written interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or
Supplier or other individual or entity performing or
furnishing 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 Availability of Lands
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 perforating 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
furnish 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 oud Physical Conditions
A.' Reports and Drawings; The Supplementary
Conditions identify:
1. those reports of explorations and tests
of subsurface conditions at or contiguous to the
Site that 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 Site (except
Underground Facilities) that ENGINEER has used
in preparingthe Contract Documents.
B- Limfted 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 "techni-
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 ENGTNBEWs
Consultants with respect to:
tI. 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,
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 infonngtion contained in such reports or
shown or indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" orally
such other data, interpretations, opinions, or infor-
mation.
4.03 Differing Subsu face orPkvsical Condilious
A. Nolice: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the
Site that is uncovered orrevealed either:
I. is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
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 Contract 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 tine Contract Documents;
then CONTRACTOR shall, promptly after
becoming aware thereof and before further
disturbing the subsurface or physical conditions or
perforating 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 paragraph 4.03.A, ENGINEERw411
promptly review the pertinent condition, detemnine the
necessity of OWNER's obtaining additional exploration or
tests Willi respect thereto, and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's findings
and conclusions.
C. Possible Price and TimesAdjustmeis
1. The Contract 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 all 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 nust meet any one or
more of the categories described in paragraph
4.03.A; mid
b, with respect to Work that is paid for on
a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of para-
graphs 9.08 and 11.03.
2. CONTRACTOR shall not be entitled to
any adjustment in the Contract Price or Contract
Times if.
a. CONTRACTOR knew of the existence of
such conditions al the time CONTRACTOR
made a final commitment to OWNER in respect
of Contract Price and Contract Times by the
submission of a Bid or becoming bound under
a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed
as a result of any examination, Investigation,
exploration, test, or study of the Site and
contiguous areas required by the Bidding
Requirements or Contract Documents to be
conducted by or fm CONTRACTOR prior to
CONTRACTOR's making such final corn
mitment; or
c. CONTRACTOR failed to give the
written notice within the time and as required
by paragraph 4.03.A.
3. If OWNER and CONTRACTOR are
unable to agree on entitlement to Oral) the amount
or extent, if any, of any adjustment in the Contract
Price or Contract 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 or Indicated: The information and data
shown or indicated in the Contract Documents will)
respect to existing Underground Facilities at or
contiguous to the Site is based on information and data
tarnished to OWNER orENGINEER by the owners of such
Underground Facilities, including OWNER, or by others.
Unless it is otherwise expressly provided in the Sup -
!plententary Conditions:
I. 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 the 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,
e. coordination of the Work with rite
owners of such Underground Facilities,
including OWNER, during construction, and
d. the safety and protection of all such
Underground Facilities and repairing any
damage thereto resulting from the Work.
H. Not Shown or Indicated
I. If an Underground Facility is uncovered
or revealed at or contiguous to the Site which was
not shown or indicated, or riot shown or indicated
with reasonable accuracy in the Contract
Documents, CONTRACTOR shall, promptly after
beconeng 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.. IfENGINEER 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 flit Contract
Price of Contract Times, or both, to the extent that
they are auribulable to the existence or location of
any Underground Facility that was not shown or
indicated or nut 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 ill Contract Price or Contract Times,
OWNER or CONTRACTOR may snake a Claim
therefor as provided lit paragraph 10.05.
4.05* Reference Points
A. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable CON.
TRACTOR to proceed with the 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 ENGINEER whenever any
reference point or property 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 Hosnrr lousEnvironwewalConelitionntSite
GENERAL CONDITIONS 00700 -14
A. Reports and Drawings: Reference is made to tine
Supplementary Conditions for the identification of those
reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that
have been: utilized by the ENGINEER in the preparation of
the Contract Documents.
B. Limited Reliance br CONTRACTOR on
Technical Data Aafhorized: CONTRACTOR may rely
upon the general accuracy of the "technical data"
contained in such reports and drawings, but such reports
and drawings are not Contract Documents. Such
"technical data" is identified in the 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. (be 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 Environmental Condition uncovered or re-
venled of the Site which was not shown or indicated in
Drawings o' Specifications or identified in the Contract
Documents to be within (lie 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
fi mredetely: (i) secure or otherwise isolate such condition;
(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 thereafler eonfimn 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 after OWNER has obtained any
required permits related thereto 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 ally
special conditions under which such Work may be re-
sumed safely. If OWNER and CONTRACTOR cannot
agree as to entitlement to or on the amount . or extent, if
any, of anv adjustment in Contract Price or Contract
Times, or both, as a resultof such Work stoppage orsuch
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 after receipt of such written notice
CONTRACTOR does not agree to resume such Work
based on a reasonable belief it is unsafe, or does not agree
to resume such Work under such special conditions, then
OWNER may order the portion of the Work that is in the
area affected by such condition to be deleted from the
Work. If OWNER and CONTRACTOR cannot agree as to
entitlement to or en 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 fullest extent permitted by Laws and
Regulations, OWNER shat[ indemnify and hold harmless
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the office", 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,
mtomeys, and other 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:
(i) was not shown or indicated in the Drawings or
GENERAL CONDITIONS 00700 -I5
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 lire consequences of that
individual's or entity's own negligence.
H, To the fullest extent pemmilted 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
in icnmify 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.
AWNCLE5- BONDS .AND INSURANCE
5,01* Pelfornrance. Pmanent. rind Other Bonds
A. CONTRACTOR shall furnish 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 time
Contract Documents, These Bonds Shall remain in effect
at feast until one year after the date when final payment
becomes due, except as provided otlmerwise by Laws or
Regulations or by the Contract Documents- CONTRAC -.
TOR shall also furnish such other Bonds as are required
by file 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 "Coupanics
Holding Certificates of Authority as Acceptable Sureties
oil Federal Bonds and as Acceptable Reinsuring Conpa-
hies" 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 surety on any Bond famished by CON-
TRACTOR is declared bankrupt or becomes insolvent or
its right to do business is terminated in any state where
any part of the Project is located or it ceases to meet the
requirements of paragraph 5.01.B, CONTRACTOR shall
within 20 days thereafter substitute another Bond and
surety, both of which shall comply with the requirements
of paragraphs 5.013 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 Certificates ofInsu+•ance
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 OWNF.Roranyother
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 Liabilitm' Insurance
A. CONTRACTOR shall purchase and maintain
such liability and other insurance as is appropriate for the
Work being perforated and as will provide protection front
claims set forth below which nay arise out of or result
from CONTRACTOR's performance of the Work mid
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
GENERAL CONDITIONS 00704,16
perform any of the Work, or by anyone for whose acts any 2, include at least the specific coverages
of them may be liable: and be written for not less than the limits of liability
provided in the Supplenncalary Conditions or
d. claims under workers' compensation, required by Laws or Regulations, whichever is
disability benefits, and other similar employee greater;
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
R 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 policies 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's
Consultants, and any 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;
include completed operations insurance;
4. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
underparagmphs 6.07, 6.11, and 6.20;
S. contain a provision or endorsement (lint
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, remain in effect for at 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 (hereafter).
5.05 ON'NPR's Liahilirt' Insurance
A.* In addition to the insurance required to be
provided by CONTRACTOR .under .paragraph 5.04,
OWNER, at OWNER's option, may purchase and maintain
at OWNER's expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
5.06* Proper Tv Insurance
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 the Supplementary
Conditions or required by Laws and Regulations). This
insurance shall:
I. include the 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 shalt be listed as an additional insured;
2. be written on a Builder's Risk "all- risk"
or open peril or special causes of toss policy form
that shall at least include insurance for physical
toss or damage to the Work, temporary buildings,
false work, and materials and equipment in transit,
and shall insure against at least the following perils
or .causes of loss: fire, lightning, extended
coverage, .theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition
occasioned by enforcement of Laws and
Regulations, water damage, and such other perils
or causes of loss as may be 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;
S. 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, and ENGINEER Willi
30 days written notice to each other additional
insured to whom a certificate of 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 Cmrdi(ions 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
be listed as an insured or additional insured.
C..* All the policies of insurance (and the certificates
or other evidence thereof) required to be purchased and
maintained in accordance Willi 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 an), . 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 Supple-
mentary 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 of them wishes property insurance cover-
age within the limits of such amounts, each may purchase
and maintain it at the purchaser's own expense.
I-* 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 conmencement or
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 gfRights
A.* OWNER and CONTRACTOR intend that all
policies purchased in accordance Willi paragraph 5.06 will
protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's .Consultants, and all other
GENERAL CONDITIONS 00900.18
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) in such policies and will provide primary cover-
age for all losses and damages caused by the perils or
causes of loss covered thereby. All such policies shall
contain provisions to the effect that in the event of
payment of any loss or damage the insurers will have no
rights of recovery against ally of the insureds m'
additional insureds thereunder. OWNER and CONTRAG
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
of 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,
ENOINEER'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 subcmilrac(ors 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. ONirNER waives all rights against
CONTRACTOR, Subcontractors, 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 from fire or other insured peril or cause of
loss covered by any property insurance maintained
on the completed Project or part 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 toss, 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 and Application qfl surmrce Proceeds
A.* Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with 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 5,08.13. OWNER shaft 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 other special agreement is reached, the
damaged Rork 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 with the insurers unless one of the
Panics in interest shall object in writing within 15 days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may 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 QfBondsandInsurance :Optionto
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-conformance 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 othersuch 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
patty 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, lice other party 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 to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of
Property Insurer
A. If OWNER funds it necessary to occupy o, 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 commence 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 tine property, insurance
shall consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
permitted to lapse on account of any such partial use or
occupancy..
ARTICLE 6 -. CONTRACTOR'S RESPONSIBUTIFS
6.01 Superrision and Superintendence
A. CONTRACTOR shall supervise, inspect, and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with
file Contract Documents. CONTRACTOR shall be solely
responsible for the memns, 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
construction 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 sltali have
authority to act on behalf of CONTRACTOR. All
roll lunications 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 the .Contract Documents. CON-
TRACTOR shall at ail times maintain good discipline and
orderat the Site.
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 otherwise stated in file
Contract Documents, all Work at the Site shall be
performed during regular working hours, and CON-
TRACTOR will not pemnit overtime work or the
perfomnance 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 ENGREEER
6.03 Services, Materials, and Equipmew
A. Unless otherwise 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, heal, telephone, water,
sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for the 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 the 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 the applicable Supplier,
except as otherwise may be provided in the Contract
Documents,
considered by ENGINEER as an "or-equal" item, in
which case review and approval of the proposed
Item .may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all
of the requirements for 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 functionally equal to
an item so named if.
6.04 ProgressSchedale a, in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least
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 perfornt at least equally well the
function imposed by the design concept of the
1. 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 pro ,-- b. CONTRACTOR certifies that: (i) there is
ress schedule that will not result ill changing the no increase in cost to the OWNER; and (ii) it
Contract Times (or Milestones). Such adjustments will conform substantially, even with
will conform generally to the progress schedule deviations, to the detailed requirements of the
then in effect and additionally will comply with any item named in the Contract Documents.
provisions of the General Requirements applicable
thereto. 2. Substiluleltems
2. Proposed adjustments in the progress
schedule that will change (lie Contract Times (or
Milestones) shall be submitted in accordance with
the requirements of Article 12. Such adjushmenls
may only be made by a Change Order or written
Amendment in accordance with Article 12,
6.05 Substitutes mrd "Or- Equals"
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 that 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 circuusances described
below.
1. "O)- Equal" Items: If in ENGINEER's
sole discretion an item of material or equipment
proposed by CONTRACTOR is functionally equal
to that named and sufficiently similar so that no
change in related Work will be required, it may be
a. If in ENGINEER's sole discretion an item
of material or equipment proposed by CON-
TRACTOR does not qualify as on "or-equal"
item under paragraph 6.05.A.1, it will be
considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient
information as provided below to allow ENGI-
NEER to determine that the 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 that specified, and be
suited to the same 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..tile
Contract Documents (or inthe provisions of
any other direct contract with OWNER for work
on the Project) to adopt 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 theapplica-
lion, . and available engineering, gales,
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 furnish additional
data about the proposed substitute item.
B. Substilute Construction Afefhods or Procedures:
If a. specific means, method, technique, sequence, or
procedure of construction is shown at* indicated in and
expressly required by the Contract Documents, CON-
TRACTOR pray furnish 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 udll
be similar to that provided in subpamgmph 6.05.A.2.
C. Engineer's Evalaatiou: ENGINEER will be
allowed a 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 FNGINEER's review is complete,
which will be evidenced by either a Change Order for a
substitute or an approved Shop Drawing for oil "or equal."
ENGINEER will advise CONTRACTOR in writing of any
negative determination.
D. Special Guarantee: OWNER may require CON-
TRACTOR to famish at CONTRACTOR's expense . a
special performance guarantee or other surety with respect
to any substitute.
E. ENGINEER'S Cos! Reimbursement, ENGINEER
will record (line required by ENGINEER and ENGINEER's
Consultants in evaluating substitute proposed or
submitted by CONTRACTOR pursuant to paragraphs
6.05.A.2 and 6.05.8 and in making changes in the Contract
Documents (o• in the provisions of any other direct
contract with OWNER for work on the 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 Consuhants
forevaivating each such proposed substitute.
F. CONTRACTOR's Eipense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or- equal" at CONTRACTOR's expense.
6.06 Concerning Subcontractors, 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
6.06.B), whether initially or as a replacement, agailtsl whom
OWNER may have reasonable objection. CONTRACTOR
shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to furnish orperfomn
any of the Work against whom CONTRACTOR has
reasonable objection.
B. If the Supplementary Conditions require the
identity of certain Subcontractor, 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 failing to make written
objection thereto by the date indicated for acceptance or
objection in the Bidding Documents or the Contract
Documents) of ally such Subcontractor, Supplier, orother
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 orentity, and the Contract Price will be adjusted
by the difference in the cost occasioned by such
replacement. and an appropriate 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 o»issions 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 par of OWNER or
MINEER 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 he 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 perfomdng or
famishing any of the Work under a direct or indirect
calumet with CONTRACTOR-
I— CON'IRACfOR shall require all Subcontractors,
Suppliers, and such other individuals or entities per.
forming or furnishing any of the Work to co numicate
with ENGINEER throughCON1RACf0R.
F. The divisions and sections of the Specifications
and the identifications of any Drawings shall not control
CONTRACTOR in dividing the 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 the 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, the agreement between the CONTRAC.
TOR and the Subcontractor or Supplier will contain
provisions whereby the Subcontractor or Supplier waives
oil rights against OWNER, CONTRACTOR, 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 then))
for all losses and damages caused by, arising out of,
relating to, 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 Parent Fees and Rovrdtles
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 the Work
of any invention, design, process, product, or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in file Contract Documents for use in
the performance of the Work and if to the actual
knowledge of OWNER or ENGINEER its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royally to others, the existence of such
rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Lmvs and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, director, 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 oily bfringement of patent rights or
copyrights incident to the use in the performance of the
Work or resulting from fine incorporation in the Work of
any invention, design, process, product, or device not
specified in the ConlractDocuments.
6.05 Permits
A. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for nil
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay nil
governmental charges and inspection fees necessary for
GENERAL CONDITIONS 00710 -23
the prosecution of the Work which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners For capital costs related 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 that 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 Date of
Ilse 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 oron 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.
6.11* Use oJ'Site and OtherAreas
A.* Limitnrlon an Use of Site and Other Areas
1. CONTRACTOR shall confine
construction equipment, the storage of materials
and equipment, and (lie operations of workers to
the Site and other areas permitted by Laws and
Regulations,
and shall not unicasonably 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 perfommnce 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 parly by negotiation or otherwise
resolve the claim by arbitration or other dispute
resolution proceeding or at law.
3. To the fullest extent permitted by Laws
and Regulatimu, CONTRACTOR shall indemnify
and hold harmless OWNER, ENGINEER,
ENGINEER's Consultant, and the officers,
.directors, partners, mmployees, 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 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 During Performnnee of the
(York: During the progress of the Work CONTRACTOR
shalt 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 otter
debris shall conform to applicable Laws and Regulations.
GENERAL CONDITIONS 0070024
C. Cleating: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it
ready for utilization by OWNER. At Ole corrQletion 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
property 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 the Work or adjacent
Property to stresses or pressures that will endanger it.
6.12 Record Documents
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 interprem-
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 Snfety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety preeau-
lions 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:
1. all persons on the Site or who may be
affected by the Work;
2. all the Work and materials and equip-
ment to be incorporated therein, whether in storage
Oil 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 the course of
construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safely of persons or
Property, m• to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety 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 theta 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.A3 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 perform any of 1 he 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 ONVNF,R or ENGINEER or ENGINEER's Con-
sultant, 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
Subcon(ractor, Supplier, m other individual or entity
directly or indirectly employed by any of them).
CONTRACPOR's duties and responsibilities for safely
and for protection of the Work shall continue until such
time as nil the Work is completed and ENGINEER has
issued a notice to OWNER and CONTRACTOR in
accordance with paragraph 14.07.B that the Work is
acceptable (except as otherwise expressly provided in
correction with Substantial Completion).
6.14 Safe(VRcpresentntive
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the prevention of accidents
and the maintaining and supervising of safety precautions
and programs.
6.15 Hazard Communication Progianis
A. CONTRACTOR shall be responsible for coordi-
nnting any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the Site in accordance with Laws or
Regulations.
6.16 Gnnergencies
GENERAL CONDITIONS 00700 -25
A. In emergencies affecting the safety or protection
of persons or the Work or property at die 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 that any significant changes in the Work or
variations from 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 and 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 submittals 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 will' 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,E.
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 tine 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. SubmriuolProcedures
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 with respect
thereto;
It. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly, and installation pertaining to the .
perfommance of the Work;
c. all InYomtation 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
satisfied CONTRACTOR's obligations under (be
Contract Documents with respect to
CONTRACTOR's review and approval of that
submittal
3. At the time of each submittal, CON.
'1'RACT'OR shall give ENGINEER specific written
notice of such variations, if anv, 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.
L ENGIMER's Revieu,
1.: ENGINEER will timely review and
approve Shop Drawings and Samples in
accordance with (lie schedule of Shop Drawings
and Sample submittals acceptable to ENGINEER
ENGINEER's review and approval will be only to
determine if the items covered by the submittals
GENERAL CONDITIONS 00700 -26
will, after installation or incorporation in the Work,
conform to the infonnalion given in the Contract
Documents and be compatible with the design
concept of the completed Project as a functioning
whole as indicated by the Contract Documents.
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
Doeoments) or to safety precautions or programs
incident thereto, The review and approval
of a separate itenm as such will not indicate approval
of the assembly in a4rch the item functions,
3. ENGINEER's review and approval of
Shop Drawings or Samples shall not mlieve CON -
TRACTOR from responsibility for any variation
from the requirements of tine Contract Documents
unless CONTRACTOR has in writing called
ENGINEER's attention to each such variation at the
time of each submittal as required by paragraph
6.17.D3 and ENGINEERhas 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. Resubmittal Procedures
I. CONTRACTOR shall make corrections
required by ENGINEER and shall return the
required number of corrected copies of Shop
Drawings and submit as required new Samples for
review and approval. CONTRACTOR shall direct
specific attention in writing to revisions other than
the corrections called for by ENGINEER on previ-
ous submittals.
6.18 Continuing Me Mork
A. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed
or postponed 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 CONTRM'TOR's General Warrauvand
Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Docu-
meals and will not be defective. CONTRACTOR's
warranty and guarantee hereunder excludes defects or
damage caused by:
I. abuse, modification, or improper maiii-
tenance or operation by persons other than CON-
TRACTOR, Subcontractors, Suppliers, orally other
individual or entity for whom CONTRACTOR is
responsible; or
2. normal .year and tear under normal
usage.
B. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accor-
dance with time Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Docmnents:
observations by ENGINEER;
2. recormnendation by ENGINEER or pay
ment by OWNER of any progress or final payment;
3. the issuance of a certificate of Sub-
stantial Completion by ENGINEER or any payment
related thereto by OWNER;
4, use or occupancy of the Work or any
Part 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 submittal or the issuance of a
notice of acceptability by ENGINEER;
7, any inspection, lest, or approval by
others; or
8. any correction of defective Work by
OWNER
GENERAL CONDITIONS (10700-27
6.20 /ndenrutfication
A, To tine 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,
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 other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to the perfon
trance 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 pail 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 pat( by any negligence or
omission of an individual or entity indemnified
hereunder or whetter 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 city 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 them to perform . any of the Work, or
anyone for whose acts any of their may be liable, the
indemnification obligation under paragraph. 6.20.A shall
not be limited in any 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 tinder workers'compen-
sation acts, disability benefit acts, or other employee
benefit acts.
C. The indemnification obligations of CONTRAG
TOR under paragraph 6.20.A shall not extend to the
liability of ENGINEER and RNGINEER'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. the 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
tie injury or damage.
ARTICLE 7 - OTIiER WORK
7,01 Related WarA at Site
A. OWNER may perfamr other work related to the
Project at the 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-
tract 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 Contact Times that should be allowed as a
result of such other work, a Claim may be made
there for 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 cutting, fitting, and patching of the Work that
may be required to properly connect or otherwise make its
several parts cone 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
wank 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 OIVNER
and such utility owners and other contractors.
C. If the proper execution or results of any pact 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 deficiclicies in such other
work that render, it unavailable or unsuitable for the 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 proper for
integration with CONTRACTOR's work except for Intent
defects and deficiencies in such other work.
7.02 Coordination
A. If OWNER intends to contract with others for the
performance of other walk on the Project at the Site, the
following will be set forth in Supplementary Conditions:
1, 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
1 . the extent . of such authority and
responsibilities will be provided.
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon-
sibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSIARITIES
8.01 Communications to Co owetoi
A. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement gl'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
former ENGINEER
8.03 Furnish Data
A..OWNER shall promptly furnish the data required
of OWNER under (lie Contract Documents,
8.04 Pqr prwnpily When Die
A. OWNER shall make payments to CONTRACTOR
promptly when (hey are due as provided in paragraphs
14.02.0 and 14.07.C.
8.05 Lands and Easements: Repovis 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 ENGI NEER in preparing the
Contract Documents.
8.06* Insurance
A.* OWNER's responsibilities, if any, in respect to
Purchasing and maintaining liability and property insur-
ance 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
inspec(imns, tests, and approvals is set forth in paragraph
13.03,R.
GENERAL CONDITIONS 00700-29
8.09. Linihadons on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have
control or authority .over, nor 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.
OWNER will not be responsible for CONTRACTOR's
failure to perform the Work in accordance with the
Contract Documents.
8.10 Undis closedHa:ar•dqusEirviioanientat
Condition
A. OWNER's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
paragraph4.06.
8.11 Evidence ojFinairclal Arrinrgmnenlr
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 DURING
CONS "[RUCTION
9.01 OWNERS Represenlaive
A. ENGINEER will be OWNER's representative
during the construction period. The duties and respotisi•
bilides and the limitations of authority of ENGINEER as
OWNER's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINFF.R will make visits to the Site at intervals
appropriate to the 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 inforination 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 or quantity of
the Wok. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will confomt generally to the Contract
Documents. On the basis of such visits and observations,
ENGINEER will keep OWNER informed of due 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 oil ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly,
but without limitation, during or as a result of ENGINEER's
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* Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a ,Resident Project Representative to assist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitations
thereon of any such Resident Project Representative and
assistants will be as provided in paragraph 9,10 and in the
Supplementary Conditions. If .OWNER designates
another representative or agent to represent OWNER at
the Site who is not ENGINEER's Consultant, agent or em-
ployee,
tine responsibilities and authority and limitations thereon
of such other Individual or emity will be as provided in the
Supplementary Conditions.
9.04 Cl ar•ifrcatious and lnrerpretations
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 00700.30
ments. 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 i f any, of any adjusument 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 br WorA
A. ENGINEER may authorize minor variations in (lie
Work from the requirements of the Contract Docurinenis
which do not involve an adjustment in the Contract Price
or the Contract Times and are compatible with the design
concept of the convicted Project as n 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 perfomn
the Work involved promptly. If OWNER 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 Rcgccting Do
(cdivcWa'k
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 that conforms to the Contract Documents or that
Will prejudice the integrity of The design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents, ENGINEER will also have
authority to require special 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 Papntents
A. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraph 6.17.
D. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
C. In correction with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determivatiolls lm Unit Price if ark
A. ENGINEER will determine the actual quantilies
and classifications of Unit Price Work performed by
CON'I'RACI'OR. 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
otherwise). ENGINEER's written 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 ofCorrtract
Documents and.4cceptabiliq, of lfoa'k
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 the 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 fora fomral decision.
D. 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 interpretaliml 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 real 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 Lin{ tationsonENGINEER'sAldhorityand
Responsibilities
A. Neither ENGINEER's authority or responsibility
Under this Article 9 or under any other provision of the
Contract Documents no' any decision made by ENGINEER
in good faith either to exercise or not exercise such
GENERAL CONDITIONS 007W 31
authority or responsibility or file undertaking, exercise, or
performance of any authority or responsibility by
ENGINEER shall create, impose, or give rise to any duty in
contract, tort, or ofhenvise owed. by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier, ally
other individual or entity, or to any surety for or employee
or agent of any of them.
B. ENGINEER will not supervise, direct, control, of-
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 tile performance of the Work.
ENGINEER will not be responsible for CONTRACTOR's
failure to perform the Work in accordance :with the
Contract Documents.
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity performing
any of the Work.
D. ENGINEER's . review of the final Application for
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 flint theircontent complies with the requirements
or, and in the case of certificates of inspections, tests, and
approvals that the results certified Indicate compliance
with, the Contract Documents,
H 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; CLAIMS
10.01 Authorized Changes in the iYork
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 the
Work by a Written Amendment, a Change Order, or a
Work Change Directive, Upon receipt of any such
document, CONTRACTOR shall promptly ptneeed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except
as otherwise spectt cally provided).
B. If OWNER and - CONTRACTOR am 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 Directive, a Claim may be made therefor as
provided in paragraph 10.05.
10.02 Unmithorized Changes in the Work
A. CONTRACTOR shall not be entitled to an
increase in the Contract Price or an extension of the
Contract Times with respect to any work perforated 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 Erectitian of Change Orders
A. OWNER and CONTRACTOR shall :execute
appropriate Change Orden recommended. by ENGINEER
(or W riuen Amendments) covering:.
1. changes in the Work which are: (i)
ordered by OWNER pursuant to paragraph
10.01.A, (ii) required because of acceptance of
defective Work under paragraph 13.08.A or
OWNER's correction of defective Work tinder
paragraph 13.09, or (iii) agreed to by the patties;
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 Directive; 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 that, in lieu
of executing any such Change Order, an appeal
may be taken from any such decision in accordance
with the provisions of the Contract Documents and
applicable Laws and Regulations, but during any
Stich appeal, CONTRACTOR shall carry on the
Work and adhere to iile progress schedule as
provided in paragraph 6.18.A.
GENERAL CONDITIONS 00700 -32
10.09 Notification to Sure {v
A. if notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, bill not limited to, Contract Price or
Contract Times) is required by the provisions of any Bond
to be given to a surely, the giving of any such notice will
be CONTRACTOR's responsibility, The amount of each
applicable Bond will be adjusted to Teflect the effect of
any such change.
10.05 Claims and Disputes
A. Notice: Written notice slating the general nature
of each Claim, dispute, or other matter shall be delivered
by the claimant to ENGINEER and the other party to the
Contract promptly (hot in no event later than 30 days)
after the start of the event giving rise thereto. Notice of
the amount or extent of the Claim, dispute, or other matter
with supporting data shall be delivered to the ENGINEER
and the otherparty to the Contract within 60 days after the
start of such event (unless ENGINEER allows additional
tine for claimant to submit additional or more accurate
data it) support of such Claim, dispute, or other matter). A
Claim for an adjustment in Contract Price shall be prepared
in accordance with the provisions of paragraph 12 91.13, A
Claim for an adjustment in Contract Time shall be prepared
in accordance with the provisions of paragraph 12.02.8.
Each Claim shall be acconpanied by claimant's written
statement that the adjusbnont 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. ENGINEER's Decision., ENGINEER will render o
formal decision in writing within 30 days after receipt of
Ilia last submittal of Ilia claimant or the last submittal of
the 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
taken within the time 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 CONTRAC-
TOR to the other and to ENGINEER within 30 days
after the dale of such decision, and a formal
proceeding is instituted by time appealing party in a
famm of competenljurisdiction within 60 days after
the date of such decision or within 60 days after
Substantial Completion, whiehcver is later (unless
otherwise agreed in writing by OWNER and
CONTRACTOR), to exen: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.B, a
decision denying the Claim in its entirely shall be deemed
to have been issued 31 days after receipt of the last
submittal of the claimant or the 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 I I • COST OF THE WORK: CASH
ALLOWANCES; UNPTPRICE WORK
11.01 Cost of the (York
A. Costs Gtcluded: The term Cost of the Work
means the sum of all costs necessarily incurred and paid
by CONTRACTOR in the proper performance of the Work.
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, 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 event giving rise to
the Claim, Except as otherwise may be agreed to in writing
by OWNER, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall
include only the following items, and shall not include oily
of the costs itemized in paragraph 11.01.13.
1. Payroll costs for employees in the direct
employ of CONTRACTOR in ilia perfomnance of
the Work under schedules of job classifications
agreed upon by OWNER and CONTRACTOR.
Such employees shall include without limitation
superintendents, foremen, and other personnel
employed full time at the Site. Payroll costs for
employees not employed full time on the Work
GENERAL CONDITIONS 00700 -33
shall be apportioned an the basis of their .time
spent o» 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 thereto. The expenses
of perforating 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 front sale of surplus materials and
equipment shall . accrue to OWNER, and
CONTRACTOR shall make provisions so that they
may be obtained.
3. Payments made by CONTRACTOR to
Subcontractors for Work perfomed 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, with 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 settle manner as
CONTRACTOR's Cost of the Work and fee as
provided in this paragraph 11,01.
4, .Costs of special. consultants (including
IM not limited to engineers, architects, tsting
laboratories, surveyors, attorneys, and accoun.
(ants) employed for services specifically related to
the Work.
5. Supplemental costs including rite
following:
a. The proportion of necessary trans.
portation, travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
b. Cost, including transportation and main-
tenance, 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 the performance of
the Work, and cost, Jess market value, of such
items used but not construed which remain the
property of CONTRACTOR,
C. 'Rentals of all construction . equip-
ment and machinery, and the parts thereof whether
rented from CONTRACTOR or 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
shell be in accordance with the terms of said rental
agreements. The rental ofanysuch equip ment,ma-
chinenq, or parts shall cease when tine use thereof
is no longer necessary for theWork.
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.
A . 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,
arid 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 will) the perfor-
mance of the Work (except losses and damages
within tine deductible amounts of property
insurance established in accordance with
paragraph 5,06.1)), .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 of utilities, fuel, and sanitary
facilities at die Site.
h. ` Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expressage, and similar petty cash items in
connection with the Work,
I. When the Cost of the Work is used to
deiemnine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in
the Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the basis
Of cost -pins, 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 file following items:
1. 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-
tracting agents, expediters, Timekeepers, clerks, and
other personnel employed by CONTRACTOR,
whether at the Site or in 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 11.01.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 Inc 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, the 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
.I LOLA and 11.01.13.
C. CONTRACTOR's Fee: When all the Work is
performed an the 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 be determined as set forth in
paragraph 12.01.C,
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.13, CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in a
fomn acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
11.02 Cash Allowances
A. It is understood that CONTRACTOR has includ-
ed in The Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be perforated for such sums as may be acceptable to
OWNERandENGINEER CONTRACTOR agrees (list:
1, file allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowanc-
es to he delivered at the 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 the allowances have been included in the
Contract Price and not in the allowances, and no
demand far 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 00700 -35
Work covered by allowances, and the ContractPrice shall
be correspondingly adjusted.
11.03 Unit PriceIYork
A. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially (lie
Contract Price will be deemed to include for all Unit Price
Work an amount equal (o the sum of the whit 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 ofUnit
Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining air initial
Contract Price. Detenninations of the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR will be tirade 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 perforated by .CONTRACTOR differs mate-
rially and significan0y fron the estimated quantity
of such item indicated in rile Agreement; and
2. there is no corresponding adjusuent
with respect any other item of Work; and
3. if CONTRACTOR believes (bat
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* ChangeofConfraclPrce
A. The Contract Price may only be changed by a
Charge Order or by a. Written Amendment. Any Claim for
an adjustment in the Contract Price 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. *. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be determined as follows:
1. 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 the Contract
Documents, by a mutually agreed lump sunr (which
may include an allowance for overhead and profit
not necessarily in accordance with paragraph
12.0l.C.2); or
3. where the Work involved is not covered
by 'unit prices contained in the Contract
Documents and agreement to a tarp sum is not
reached under paragraph 12.01.$.2, on the basis of
the Cost of the Work (determined as provided in
paragraph 11.01) plus a CONTRACTOR Is fee for
overhead and profit (determined as provided in
paragraph 12.01.C).
C. CONTRWTOR's Fee: The CONTRACTOR's fee
foroverhead 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 the following percentages of the
various portions of ire Cost of the Work:
A. for costs incurred tinder paragraphs
I LOLAA and I1.01.A.2, the CONTRACTOR's
fee shall be 15 percent;
GENERAL CONDITIONS 00700 -36
b. for costs incurred under paragraph
11.0i.A.3, the CONTRACTOR's fee shall be
five percent;
c. where one or more tiers of subcon.
tracts are on the basis of Cost of tine Work plus
a fee and no fixed fee is agreed upon, tine 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 I LOLA.I and 11.01.A.2 and
that any higher tier Subcontractn and CON-
TRACTOR will each be paid a fee of five
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 11.01.A.4,
I 1.0l.A.5, and 11.01.13;
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 Change of Contract Tiares
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.
13. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim
for an adjustment in the Contract Times (or Milestones)
will be detennined in accordance with the provisions of
this Article 12.
12.03 Deloys Bevand CONTRACTOR's Canlrol
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
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to the time lost due to
such delay if a Claim is made therefor as provided in
paragraph 12.02.A. Delays beyond the 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 DelaysIFIlhill CONTRACTOR'sConhnl
A. The Contract Titres (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 deemed to
be delays within the control of CONTRACTOR.
12.05 Delays Bevand OWNER's and C'ONTR4C1.OR'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 the
Contract Times (or Milestones) in an amount equal to die
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay.
12.06 DelavDamages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subcontractor, ally Supplier, or
any other person or organization, or to any surety for or
employee or agent of any of them, for damages arising out
of or resulting from:
L delays caused by or within the control
of CONTRACTOR; or
2, delays beyond the control of both
OWNER and CONTRACTOR including but mt
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 - TEST'S AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORT;
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, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories, and governmental
agencies with jurisdictional interests will have access to
the Site and the Work at reasonable times for their obser-
vation, inspecting, and testing. CONTRACTOR shall
provide them proper and safe conditions for such access
and advise them of CONTRACTOR's Site safety
procedures and programs so that they may comply
therewith as applicable.
13.03* Tesis and Inspections
A. CON'T'RACTOR 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
inspectionsorlests,
B.* OWNER shall employ and pay for the services of
an independent testing laboratory to perfoml 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.D below;
2, that costs incurred in connection with
tests or inspections Conducted pursuant to para-
graph 13,04.B shall be paid as provided in said
paragraph 13,04.13; and
3. as otherwise specifically provided in the
Contract Documents.
C. If Laws or Regulations of any public body having
jurisdiction require any Work (organ thereof) 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 fitmish 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 ENOINEER'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 perfomred by organizations acceptable
to OWNIFR and ENGINEER,
E If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by CONTRAC-
TOR without written concurrence of ENGINEER, itmust, if
requested by ENGYNEER, be uncovered for observation.
E. Uncovering Work as provided in paragraph
13,03.E shall be at CONTRACTOR's expense unless CON-
TRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable promptness in
response to such notice,
13.04 Uncovering (Pork
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 FNGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspect-
ed or tested by others, CONTRACTOR, at EN'GINEEWs
request, shall uncover, expose, or otherwisc make
available for observation, inspection, or testing as
ENGINEER may require, that portion of the Work it,
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 riot limited to all fees and charges
of engineers, architects, attorneys, and other
professionals and all court or arbitration co 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 not limited to all costs of .repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price. 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, however, such Work is not found to
be defective, CONTRACTOR shall be allowed an increase
in the Contract Price or an extension of the Contact 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 OifNGR Mqr, Stop the Mork
A. if the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such axay that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
time work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the 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, or any surety for, or employee or
agent of any of them.
13.06 Correction or Removal of Defective li'ork
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 front 11T
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 orrenloval (including butnot limited to all costs
of repair or replacemein of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may be
Prescribed by Laws or Regulations o• by the terms of any
applicable special guarantee required by the Contract
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 permitted by
Laws and Regulations as contemplated in paragraph
6,11.A is found to be defective. CONTRACTOR shall
promptly, without cost to OWNER and in accordance with
OWNER's written instructions: (I) repair such defective
land or areas; or (it) 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 correct or repair or remove
and replace any damage to other Work, to the work of
others or other land or areas resulting therefmnn. 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 or repaired or may have
the 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 to all costs of repair or replace-
ment of work of others) will be paid by CONTRACTOR.
B. In special circumstances where a particularitem
of equipment is placed in continuous service before
Substantial Completion of ail the work, the correction
period for that item may start to run from all earlier date if
so provided in the Specifications or by written Amend-
ment.
GENERAL, CONDITIONS 0070039
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 in addition to any other obligation or
warranty. The provisions of this paragraph 13.07 shall not
be construed as a substitute for or a waiver of (be
provisions of any applicable statute of limitation or
repose.
13.08 Acceptance ofDefeenve iflork
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 such acceptance occurs prior to
ENGINEER's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, 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.
13.09 OiYA'TR.MnvCorreci Defective lYork
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 perronn the Work in accordance
with file 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.
D. In exercising the rights and remedies under this
paragraph, OWNER shall proceed expeditiously, In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of all or part of tine Work and
suspend CONTRACTOR's services related thereto, take
Possession of CONTRACTOR's tools, appliances, con-
struction equipment and machinery at the Site, and incor-
porate in the Work all materials and equipment stored at
the Site or for which OWNER has paid CONTRACTOR
but which are stored elsewhere. CONTRACTOR shall
allow OWNER, OWNER's representatives, agents and
employees, OWNER's other contractors, and ENGINEER
and ENGINEER's Consultants access to the Site m 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 other dispute 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 file 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 of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any
delay in the performance of the Work attributable to lire
exercise by OWNER or OWNER's rights and remedies
under this paragraph 1.3.09.
GENERAL CONDITIONS 00706-00
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided
in paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Applica-
tion for Payment acceptable to ENGINEER. Progress
payments on account of Unit Price Work will be based on
the number of units completed. .
14.02 Progress Pnvilrents
A* ApplictttliwtsjdrPayments
I. At least 20 days before the date estab-
lished for each progress payment (but not more
often than once a month), CONTRACTOR shall
submit to ENGINEER for review an Application for
Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the
Application and accompanied by such supporting
documentation as is required by the Contract
Documents. If payment is requested on the basis
of materials and equipment not incorporated in the
Work but delivered and suitably stored at the Site
or at another location agreed to in writing, the
Application for Payment shall also be accompanied
by a bill of sale, invoice, or other documentation
warranting that OWNER has received the materials
and equipment free and clear of all Liens and
evidence that the materials and equipment ore
covered by appropriate property insurance or other
arrangements to protect OWNER's interest therein,
all of which must be satisfactory to OWNER.
2. Beginning with the second Application
for Payment, each Application shall include an
affidavit of 'CONTRACTOR stating (lint all
previous progress payments received on account
of the Work have been applied on account to
discharge CONTRACTOR's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to
pro -gress payments will be as stipulated in the
Agreement.
B. Review gfApplieutlons
1. ENGINEER will, within 10 days after
receipt of each Application for Payment, either
indicate in writing a recommendation of payment
and present the Application to OWNER or return
the Application to CONTRACTOR indicating in
writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CON-
TRACTOR may make the necessary corrections
and resubmit the Application..
2. ENGINEER's recommendation of any
payment requested in an Application for Payment
will constitute a representation by ENGINEER to
OWNER, based on ENGINEER's observations on
the Site of the executed Work as an experienced
and qualified design professional and on
ENGINEER's review of the Application for Payment
and the accompanying data and schedules, that to
the best of ENGINEER's knowledge, information
and belief:
a. the Work has progressed to the point
indicated;
h. the quality of the Work is generally in
accordance with the Contract Documents (sub-
ject to an evaluation of the Work as a function-
ing whole prior to or upon Substantial. Comple
lion, to the results of any subsequent tests
called for in the Contract Documents, to a final
deteranina(lon of quantities and classifications
for Unit Price Work under paragraph 9.08, and
to any other qualifications stated in the
recommendation); and
c. the conditions precedent to
CON'TRACTOR's being entitled to such pay-
ment appear to have been fulfilled in so fair as it
is ENGINEER's responsibility to observe the
Work.
3. By recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) inspections made to check the
quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every
aspect of the Work in progress, or involved de-
tailed inspections of the Work beyond tine
responsibilities specifically assigned to ENGINEER
in the Contract Documents; or (ii) that there may
not be other matters or issues between the parties
GENERAL CONDITIONS 0070041
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 recon}
mending payments nor ENGINEER's recomnenda•
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 andpro-
grams incident thereto, or for CONTRACTOR's
failure to comply with Laws and Regulations
applicable to CONTRACTOR's performance of the
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 mmncvs .
paid on account of the Contract Price, or to
determine that title to any of the Work, materials, or
equipinxnt has passed to OWNER free and clear of
any Liens,
5. ENGINEER may refuse to recommend
[lie whole or any part of any payment in
ENGINEER's opinion, it would be incorrect to make
the representations to OWNER referred to in para-
graph 14,02.8.2.. 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;
b. the Contract Price has been reduced by
Written Amendninent or Change Orders
c. OWNER has been required to correct
defective Work or complete. Work_ in accor-
dance, with paragraph 13.09; or
d. ENGMER has actual knowledge of the
occurrence of any of the events enumerated in
paragraph 15.02.A.
C. Pgvnlent Becomes Due
1. Ten days after presentation of the
Application for Payment to OWNER with
ENGINEER's recommendation, the amount recd ,
mended will (subject to the provisions of paragraph
14.02.D) become due, and when due will be paid by
OWNER to CONTRACTOR.
D. ReducrfonhiPavmenl
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 perf miraince
orfumishing of tile Work:
It. Liens have been filed in connection 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 other items entitling OWNER
to a set -off against the 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,S.c or
'. paragraph 15.02.A.
2. If OWNER refuses to make payment of
the fldl 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 CONTRAG
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 ii'arron(n of Title
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 Inter than the time
of payment free and clearof all Liens.
14.04 Substantial Completion
A. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed
by CONTRACTOR ns ineorplele) and request that
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 couplele,
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
ttne certificate a tentative list of lien's to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within 14 days after submission of the tentative certificate
to OWNER notify CONTRACTOR in writing, staling 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. Al the time of delivery of the
tentative certificate of Substantial Completion ENGINEER
will deliver to OWNER and CONTRACTOR a written
recommendation as In division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, and protection of
the Work, maintenance, heal, utilities, insurance, and
warranties and guarantees, Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude
CONTRACTOR front 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 Partial Utilization
A. Use by OWNER at OWNER's option of any
substantially completed pan 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 the remainder of the
Work, ray be accomplished prior to Substantial Con}
pletion of all 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 part
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 Conpletion for that part of
the Work, CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the
Work ready for its intended use and substantially
complete and request ENGINEER to issue a 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 the Work to
deferrable its status of completion. If ENGINEER
does not consider that part of the Work to be sub-
stantially complete, ENGINEER will notify OWNER
and CONTRACTOR in writing giving the reasons
therefor. If ENGINEER considers that part of the
Work to be substantially complete, the provisions
of paragraph 14,04 will apply with respect to certifi-
cation of Substantial Conpletion of that part of the
Work and the division of responsibility in respect
thereof and access thereto.
GENERAL CONDITIONS 0070443
2.. No occupancy or separate operation of
pail of the Work may occur prior to compliance
with the requirements of paragraph 5.10 regarding
property insurance.
14.06 Fund 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 with
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 Pawnent
A. dpplicalionjorPik1went
1. After .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 application
for final payment fotlorving 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
5,04.13.7; (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 with the Work.
3. In lieu of the 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 filed; and (ii) 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 famish a Braid or other Collateral
satisfactory to OWNER to indemnify OWNER
against any Lien.
B. ReviewoJ dpplicationourl.4eceptnace
1. If, on the basis of ENGINEER's observa-
tion of the Work during construction and final
inspection, and ENOINEER's review of the final
Application for Payment and accompanying docu-
mentation as required by the Contract Documents,
ENGINEER is satisfied that the Work has been
completed and CONTRACTOR's other obligations
under the Contract Documents have been 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. Pgvinenl Becomes Doe
1. 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 Delayed
A. If, through uo fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so emotions, 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 the
remaining balance to be held by OWNER for Work not
GENERAL CONDITIONS 00700 -44
fully completed or corrected is less than the retainage
stipulated in. the Agreement, and if Bonds have been
furnished as required in paragraph 5.01, the written
consent of the surely to the payment of the balance due
for that portion of the Work fully completed and accepted
shall be submitted by CONTRACTOR to ENGINEER with
the Application forsueh payment. Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
Claims.
14.09 Waiver of Claims
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,
front failure to comply with the Contract
Documents or the terns of any special guarantees
specified therein, or from CONTRACTOR's
continuing obligations under the Contract Docu-
ments; and
2, awaiverofall Claims byCONTRACTOR
against OWNER other than those previously trade
in writing which are still unsettled.
ARTICLE 15 - SUSPENSION Or 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 the Work on the date so fixed. CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes a Claim therefor as provided in paragraph 10.05.
15.02 OWNER Uqv Ternrinaie for Cause
A. The occurrence of any one or more of the
following events will justify termination for cause:
1. CONTRACTOR's persistent failure to
perfomt the Work in accordance with the Contract
Documents (including, but not limited to, failure to
supply sufficient skilled workers or suitable nm ucti-
als or equipment or failure to adhere to the prog-
ress schedule established under paragraph 2.07 as
adjusted from time 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 the surety, if any) seven days
written notice, terminate the services of CONTRACTOR,
exclude CONTRACTOR front the Site, and take
possession of the Work and of all CONTRACTOR's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all
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 (lie 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 time
Work, 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 to
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 00700.45
C. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect . any
rights or remedies of OWNER against CONTRACTOR
then existing or which may thereafter accrue. Any
retention or payment of moneys due CONTRACTOR by
OWNER will not release CONTRACTOR from liability.
15.03 OWNER MaY Terminate For Convenience
A. Upon seven days written notice to CON.
TRACTOR and ENGINEER, OWNER may, without cause
and without prejudice io any other right or remedy of
OWNER, elect to terminate the Contract. In such case,
CONTRACTOR shall be paid (without duplication of any
items);
1. far completed and acceptable Work
executed in accordance with the Contract Docu•
merits prior to the effective date of enrination,
including fair and reasonable sums for overhead
and profit on such Work;
2. for expenses sustained prior to the
effective date of termination In performing services
and famishing labor, materials, or equipment as 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 all fees and charges
of engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) incurred in settlement of
terminated contracts with Subconlracton,
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 CONTR ACTORA9nv Stop Mork orTerminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive days by
OWNER or under an order of court or 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 sum finally
determined to be due, then CONTRACTOR may, upon
seven days written notice to OWNER and ENGINEER, and
provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the
Contract and recover from OWNER payment on the same
terms as provided in paragraph 15.03. In lieu of ter» nam-
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
submitted, 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 thereon. 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 Contract Times or otherwise for expenses
or damage directly attributable to CONTRACTOR's
stopping the Work as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION*
16.01 Methods mid 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 I7- 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 file corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage prepaid,
to the last business address known to the giver of the
notice.
17.02 Computation ofTitner
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
GENERAL CONDITIONS 00700-06
exclude the first and include the last day of such period. if
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any
rights and remedies available to any or all of them which
are otherwise h nposed 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 (bey apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties,
and guarantees made m, required by, or given in accor-
dance with the Contract Docmnents, as well as all continu-
ing obligations indicated in the Contract Documents, will
survive final payment, completion, and acceptance of the
Work or termination or couple tion of the Agreement,
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which [lie Project is located.
GENERAL COMMONS 00700 -47
SPECIAL CONDITIONS
SPECIAL 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,)
5. 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.
7. 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 to gas 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
Texas One Call ......... ......... ...........................1- 800 - 245 -4545
City of Sehertz ...........................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.
LIM
�i `
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
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
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