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R-87-1012 - 6/11/1987WHEREAS, the City has duly advertised for bids for street improvements to Sunset Street; and // WHEREAS, 1. - G/4444\ submitted the lowest and best bid; and WHEREAS, the Council wishes to accept the bid of , and to authorize the execution of the TEXAS necessary documents, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the bid of as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement with for the street improvements to Sunset Stret. RESOLVED this / , - day of ATTEST: LAND, City Secretary RESOLUTION NO. //2/ C W is hereby accepted , 1987. MIKE ROBINSON, Mayor City of Round Rock, Texas Mr. Al Willie City of Round Rock 214 East Main Street Round Rock, Texas 78664 RE: RECOMMENDATION OF AWARD Sunset Drive Street and Drainage Improvements DUA Project No. 1790 Dear Mr. Willie: DIPPEL. ULMANN & ASSOCIATES, INC. June 4, 1987 Sealed bids for the referenced project were received and publicly opened on June 2, 1987 at 2:30 p.m. at the City of Round Rock. The thirteen (13) bids received have been tabulated and checked and a copy of the engineer certified bid tabulation is attached. J. C. Evans Excavation Company, Inc. was the low bidder with a total contract price of $84,994.33. Based on our past experience with this company, we recommend that the contract for the referenced project be awarded to J. C. Evans Excavation Company, Inc. Sincerely, DIPPEL, ULMANN & ASS IATES, INC. � BobbY Schroeder Construction Manager BS /mb Attachment ENGINEERS • PLANNERS • SURVEYORS 2499 CAPITAL. OF TEXAS HWY. SO. • AUSTIN, TEXAS 78746 • (512) 327 -7730 • (5121327-8381 BIDDER 3. C.. Euctnns .L rA IAJ U CR�x ExccxO. Aus�nv UNIT PRICF TOTAL , titrre ut CDIA. . � S PRICE TOTAL uNIT PA IT T TOTAL PRICE} TOTAL ITEM - AuT, TOTAL UNI aT r T�,� 'Mrs MrF TOTAL STREET IMPROVEMENTS: 1. Street Excavation including 6,167 SY 9,701 SY Subgrade Prep 148 �3,B72' , 2- 19 -O 12,1 ZIo t5 L\- 38,e-- 1'1 1 p I,tto � 2 T �Je., 2. Flexible Base 1,635 CY la) 21,682, 1(: 17,1(01 1� 22,6.°1' 1\ 22, KID- l2 2°,241 ` - 20, Coo \1J 1` I loW 3. 2" Hot Mix Asphaltic Concret: 5,124 SY 3 "15 V1,2.16 /VW 1 7_1 7_1 7_1 0 rco p 1S --- 3 1c, 3`� 18 1go $ cso �8 (� .1,1 18,' �`�o 4. 1' " Hot Mix Asphaltic Concrete 570 SY Zcl , 1 (9 1 32 l,85z 2 11° I, lo , b(=. 1,41, zzee. 1, - 1 R) 1 ,1116- 2 1 5. Concrete Valley Gutter 1,119 SF 1 25 L 0 ) 61115 L � 1 3, (:)2.1 Z Z Z - e, 238 -` j� , ii-to 3, C 36P 3 °1 i 3 ` 6. Reflectorized Pavement 104 SF Figures 11D ,y 1 446 z- � L�CJ 11D t ( D ' 2 �2 I r 1 l DI-- 1 O 2D 10 7. 4" Reflectorized Pavement Marking Lines 430 LF .SCJ r�� 2 L JOB r 5b Z, r - J .62 r� C 'l ° . c. r �- 1 ~ L �� -S3 2r� C 1 ° 8. Reflectorized Pavement Markers, Type II -C -R 24 EA 1115 7O 2 - 1 _ l 1 Z �" 1 ( P _ -4 1 - I oo ?CA 16 1 ' q 24 1 1 l 1 1 - - /�� LIJ � TOTAL AMOUNT BID FOR STREET IMPROVEMENTS q l gl, 1 . b - 3, 60- 1 1° °1� �,bi ij1,J��1 1_ 2 (0-3,61Z; 1Z; 31 1 9 ,915 Z. $5, ,'ROJECT OWNER I DATE' SUNSET DRTVE THE CITY OF ROUND ROCK JUNE 2, 1987 STREET 6 DRAINAGE `� DIPPE ANN & ASSOCIATES. INC. ENGINEERS • PLANNERS • SURVEYORS I-W 2499 CAPITAL OF TEXAS .SO. • AUSTIN. TEXAS 78749 OF i r �T� 9 J' �1 6 TW DAVID LEWIS 71 t,p 55412Q y� , 6, - Tabulation of Bids JOB NO. 1 BIDDER Etlev C S+r Must -1w &za 4 N" `" ITEM ; lF TOTAL IMF TOTS vaF TOTAL PRIr.F TOTAL PRICF TOTAL Pia 5F TOTAL TOTAL STREET IMPROVEMENTS: 1. Street Excavation including 6,167 SY Subgrade Prep 9,701 SY 2 gp 27,1(2 3- 2`1, ID3 r 24 LA 3 i5011 -1- 2 70/ pj Z ?o - 2. Flexible Base 1.635 CY 14- 23,f511- l 1r D 1 2.`Y 6Z6 IGj11 l 24, 6' e 14 ?2, 71 /3,C 1-5556 Z2, 43 3. 2" Hot Mix Asphaltic Concrete 5,124 SY L1. qlp 21 ) 9 8 1 3 1°1, 2 - 4v) 21 006 ' 1 S,LN -14o 8" zo, 1'4- 161;1214° 4. 11" Hot Mix Asphaltic Concrete 570 SY 2, C5110 ,J 1 !,8291° c50 j,13S -• 2. s6 ro 1,8G7, '° 5. Concrete Valley Gutter 1,119 SF L\" L F, i l f' `t" P -! �-\ ` 11 IL 3 _ A 351 3 W '26 ?j - ,� 1 ` �- 1 i� 6. Reflectorized Pavement Marking Figures 104 SF 33Z \--1.46'3 i8 20 � -15 l BZ \ ` 1O'� Q 8 ^ �j �j U ` a 7. 4" Reflectorized Pavement Marking Lines 430 LF •40 l Z - 3. Z _ • 1D 1 -pj - , to 7 • }Qi ° v 1 f1 ^ 1 4 3CJ 8. Reflectorized Pavement Markers, Type II -C -R 24 EA p 8 2U`I'^ 1Z 2.88 _ ' '& (� L / .I( tp _ '1'1 1` l� \Z _ � Q e�_ L- TOTAL AMOUNT BID FOR STREET IMPROVEMENTS 6(1E031 � 4b 1, - Noi - 16a,14�15 67,131 - 1 9 S`1,2q°l • PROJECT OWNER DATE SUNSET DRIVE STREET & DRAINAGE THE CITY OF ROUND ROCK .NNE 2, 1987 ACP' ,.' 0. OF 7 , x , 1 m.010 = _�`• Tabulation of Bids DIPPEL, ULMANN * " _ D AV ID LEV8S # E. ASSOCIATES, INC. o ' 55412 i j JOB NO. ENGINEERS • PLANNERS • SURVEYORS ! Po PF , f 2499 CAPITAL OF TEXAS HWY.SO. • AUSTIN. TEXAS 797+9 e • F C /51 EP� \. �� v y - `T BIDDER S .C. - vavns 1,,). L. Irk Cv - 61 Exca, ,r d, ��f e1 Ga, str: ' 4- Ca,v.� , ITEM 1IIF TOTAL ME TOTS PRU F TOTAL pRii;F TOTAL PRICE L TOTAL Was TOTAL VKIIE TOTAL DRAINAGE IMPROVEMENTS: 9. 25 "x16" CMP 136 LF 11 2,312' 1 k 1 , 10E - 22 2,9 3 _ 15 2,a0S _ ;,a04-- I`-}- 1)90 10. 29 "x18" CMP 134 LF _ ib r� L,L}�^ is �j G ,�'0 - 2 3,2100 �,D� 1 I 7, 2, 38Cg rj L6 3, %0I f 1l0 2 1 � ` 11. 24" CMP 178 LF Q 16 3, ' o4- 1 l4 r� 0 B( 2-1 ' l 1 \ -1,C.`i'`f L y�'` _ '1 7 ' 12 , 1'� 3,1 r I I 6 / z8 4Z,S48 6 1 � i Q 12. 30" CMP 140 LF 35- 11 ,, `T,�CO I { (0 r� L, 3 1 32 'l �L� 4-, �-Jv /� L� _ _ 4�J, � ZZ'1')5 3 '1G 1 'Y1 Zg` . ,9ZO 23 3,CZO 13. 18" RCP, Class III 62 LF ` Q 1[l 1,11(0 l } -1r 1 1 J 2� 1) 1 �0 20 1 `12 Q 0 loico 2G `l 1, 5 o 1C q lr 14. "V" Bottom Channel 667 LF r 8 I° ', � 2 1,B 4 Zr ?,fr _ � C �j�U' t3, ' 2, � , coZ ^ 1i 15. Grading of Existing Channel on North Mays Street 400 LF Q eCJ� � 2�! ''/\^ r gob ��- tI n�, [� L S 15 �p, CCO7 2 1,l[J,o 16. Concrete Riprap including 5'. Flat Bottom Transition 2 EA Y00 _ il� JM- r�' v ' , � 10(y. 3 : : a�� lli/ LX:3 L� clay. � GJW 1 ) 17. Concrete Riprap (Downstread) for 2-30" CMP l EA &CC° 2,� l;� 1 - 2,220 Z 2 20" Z, f Z - S O 3 , 3�kD" 30 3, 3 3, 3 , 18. Concrete Riprap (Upstream) for 2 -30" CMP w /10' Channel � ii r 11 QQ rr f 1 0r/�J 11�'�I '1 _ 2 2,L 2, � 2,oc Y ZSB Q� 2, S zo r� 2 ,285 3,Gm ,,I t PROJECT OWNER' • DATE' SUNSET DRIVE STREET & DRAINAGE CITY OF ROUND ROCK JUNE 2, 1987 DIPPE NN & ASSOCIATES. INC. ENGINEERS • PLANNERS • SURVEYORS 2489 CAPITAL OF TEXAS HWY. SO. • TEXAS 78748 OF� .0 A Z E F I �I (,. f DAVID LEWIS Tlf °ti %P 55412 f j 4 F� F / � Tabglation of Bids JOB NO. 4-81 BIDDER et1ers CotA tr• AAr r" A (past �oa) ct rc " ` �� xtpNA - PNoeAmx .creek. ITEWI ,t ,I F i. TOTAL g. T UNIT PRIrF TOTAL UNIT PRICF TOTAL U '' il u I PRICE TOTAL SIT PRICF TOTAL IE TOTAL DRAINAGE IMPROVEMENTS: 9. 25 "x16" CM P � , 3 136 LF C.(J (08 3,825 _ I (J ,I' 2 �I 'C6 ^ p t V �� zI � r 1 U ^ 3 1 4 (o� 16" + � I 1 (06' Zi4 " �' I , 3 1 10 10. 29 "x18" CMP 134 LF 4, C61 r� ' Q� L n^ (Y 2 too -1 2 1 2 J, �5 p 1, V1� 7,1 c� �J,(Dt U 11. 24" CMP CD Ib 178 LF 7-814' � ,119 r _ I 16 -113 Z C J , 2. 1 I �. v� p Ztl C1.Z 22 L41CM^ 12. 30" CMP 140 LF g - o o a M .+ N ' l ZA �,�Zl LV 2, Bar Z� 3,�� 3S 4 9 4I - 36, - olt0" 13. 18" RCP, Class III 62 LF 2 `08 21024-x`' L !� 5 _ , 1 � �`� V 11 cod 2(0 1.6717- - p 1E3 1, 1l (0 Z) t 66f) - 14. "V" Bottom Channel 667 LF w V E 0 O W ra a > o 1, 2- ,1-�"1Le 5- 6,-3 Z5 IID,(DJK7 3 2,001 (0,Cx)3 1 k - 1, 331 - 15. Grading,of Existing Channel Mays Street 2 on 400 _ B North - Be() 6 - 3� WC) - a)" S ) (I t, p Z.,8 7 1c) [-f) Y 16. Concrete Riprap including 2 ' Flat Bottom Transition EA 0 U V1N �o 1 p(� `� 6 ` 1 1 ` - 1 T O Co- Iv Z 4430 _ -t ` I . 2 I 17. Concrete Riprap (DownstreaL) for 2 -30" CMP 3113 I EA 3,v11:=5D 2, - 4 - 1`x6 - '( 1 \ l00 ' too- Z " Zi 18. Concrete Riprap (Upstream) -IZ for 2 -30" CMP w /LO' Channe13,201 1 EA ?5,20-1-11 �c�) _ 21 Lt� 1171))- _ , 2 1�J I(D� I �J _ 3 2 D PROJECT 1 SUNSET DRIVE STREET 6 DRAINAGE OWNER T - DATE I CITY OF ROUND ROCK JUNE 2, 1987 DIPPEL, UL ANN & ASSOCIATES. INC. ENGINEERS • PLANNERS • SURVEYORS 2499 CAPITAL OF TEXAS HWY.SO. • AUSTIN, TEXAS 787 '7 ' OF •� y I1 ; *hs Tab lation of Bids DAVID LEWIS j 9 • 5 541 2 O A1 % E c =1.- F61S T E? \�� 6 - 4 - S 7 JOB NO. BIDDER 3. 1J. L. We ca�pk l Excai. Acvc∎v 1?ioacl ., ",� evrve e Caar t Cow �c�{ Co�.KIeh ITEM ITEM �,";� TOTAL i TOTAL. PRICF TOTAL PRICF TOTAL PRICF TOTAL POlTf`F TOTAL (TT TOTAL 19. Type "C" Rock Headwall with 5' Flat Bottom Channel 2 EA 165- 33C) ?p -1 Z°_ jL3 L\-W ( � - ` (0W 2 , x , 5 �� , yc "[L^ . Qcc - I� 20. Type "C" Rock Headwall with 88 ' E Flat Bottom Channel 1,C" rr// \13L� 1 D 3 ,WD 2W I,Gco ?:cD 2,1 W L J!, 3.5,300_ ( L�t 3,�kU( -.M_ am✓ , 1. "f 21. Type "C" Rock Headwall with 5' Flat Bottom Channel 8 EA 13?,U " 3 2J 2W 1, �o ` 2 ., 4 }(�' - 400 �, zoo - 4c6- 3 2U,. L+ 4 22. 6" Concrete Drop Structure from 3' Valley Gutter to 18 1 EA 6e0 (06c)- 4 `lC L W 4r1 �`� `T` Q 2r LX� r- (cm- l�� /_� lU 10 co ( / _ M ' ISJI�I ic o [�J . . is 23. Seeding for Erosion Control 3,770 SY _ Z ; ?.(0Z. 1,885_ 1 3`a 6 cOr .50 1,131` .SO I,8a5 .Zlo G\ 80 LI _ 1,>3a5 TOTAL AMOUNT BID FOR DRAINAGE IMPROVEMENTS �5 25, 14- 50 24; �1 oG 7 �� _ 2 � WI act 3 96 31, (085 � 33 COTAL AMOUNT BID FOR ALL IMPROVEMENTS R °q 33 ; 1 1� �/ 2S � S Ita "" 1.,a 11-3,1-1-11 -7 yti 111, Z 115,-`,0 PROJECT' SUNSET DRIVE STREET & DRAINAGE )WNER ' CITY OF ROUND ROCK )ATE. JUNE 2, 1987 DIPPE ANN & ASSOCIATES, INC. ENGINEERS • PLANNERS • SURVEYORS MEI CAPITAL OF TEXAS HWY, SO. • AUSTIN. TEXAS 787 e�Sp OF T...' � * �` *S Tabulation of Bids DAVID LEWIS f JOB NO. or 55412 � 4 ent Cf! . ..P ° 81 BIDDER Et1 Cetnstr. A k \ cam. te a+ CCIaSt V OC)C\Dx - 6x.„aa.�AOCVt\x C ITEM TOTAL t PRir.F TOTS as TOTAL PR CF TOTAL PRICE TOTAL P9RF TOTAL OTT TOTAL 9. Type "C" Rock Headwall with 5 ' Flat Bottom Channel �,�o ?5 ) -I �p(0 IIZ (� ,n _ \,b[� (two 2 O" - _ ( 1 v� 1I ` t c�.. f,SG�- G;cD 1 I 7� - '0. Type "C" Rock Headwall with 5' Flat Bottom Channel 8 EA ttAD 12 3, - }jj qo0 1,20!)" (o, 16D (0,(W- xl 120 - (0 I. Type "C" Rock Headwall with 5' Flat Bottom Channel 8 EA 4L 3,5 - 780 (D. 2 - 1 1 - 0 - 1 O (o,� Boo BOO' (PA CO I (1 11 1 200 - I' r �� 4 :2. 6" Concrete Drop Structure from 3' Valley Gutter to 18' 1 EA j3 ,/ -113 Llo1 13 1,153- , Z - (, Z c.k 1 - I �\ r �w M �W M �La� Q L ad - ( � :3. Seeding for Erosion Control 3,770 SY' .II �b 2 - 1( o •to ( g � . 1 2 7 .('O 21uD2. N -754. . DTAL AMOUNT BID FOR DRAINAGE .MPROVEMENTS �ri 51P 1 I L� / ( 4-9 _ 1 1ZZ 68 1I 1 VIAL AMOUNT BID FOR ALL MPROVEMENTS ( ZL I Z - I�� ` 1 IGJ3?J tO 135125 11 I 13(0,2 138,ac).2 1Wo 'ROJELT 1WNER • ATE SUNSET DRIVE STREET & DRAINAGE CITY OF ROUND ROCK JUNE 2, 1987 i P , E OF TF %1 1•0 11.111 g � f• 1 � ` . : % , Tab Cation of Bids DIPPEL, ULMANN i _ DAVID LEWIS f & ASSOCIATES, INC. o r ~ 55412 • " ; . NW ENGINEERS • PLANNERS • SURVEYORS �'• Et i � 2499 CAPITAL OF TEXAS Y. SO. • AUSTIN, TEXAS 78746 �o_ 4 -4 -5 JOB NO. DIPPEL, ULMANN & ASSOCIATES, I N C ENGINEERS • PLANNERS • SURVEYORS 2499 CAPITAL OF TEXAS HWY, SO. • AUSTIN. TEXAS 78746 • (5121327-7730 (5121327-8381 DUA- 1790 -S &D SUNSET DRIVE STREET AND DRAINAGE IMPROVEMENTS 1985 G.O.B. PROGRAM CITY OF ROUND ROCK, TEXAS Owner DIPPEL, ULMANN & ASSOCIATES, INC. 2499 Capital of Texas Highway Suite 204 Austin, Texas June, 1987 DUA- 1790 -S &D TABLE OF CONTENTS I. Notice to Bidders II. Instructions to Bidders III. Proposal IV. Subcontractor Agreement V. Agreement VI. General Conditions of the Agreement VII. Special Conditions of the Agreement VIII. Subsurface Investigation IX. Technical Specifications Notice X. Plans Notice DUA- 1790 -S &D NOTICE TO BIDDERS Sealed proposals addressed to the City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, will be received at the above mentioned address until 2:30 p.m., Tuesday, June 2, 1987, and then publicly opened and read aloud at that time and place, for construction of approximately 1,530 LF of Street and Drainage Improvements on Sunset Drive. Bids will be submitted in sealed envelopes for each contract on the Proposal furnished and marked in the upper lefthand corner, "Bid for Sunset Drive, to be opened at 2:30 p.m., June 2, 1987." Prospective bidders may receive a copy of the bid documents from the Engineer, Dippel, Ulmann & Associates, Inc., 2499 Capital of Texas Highway, Suite 204, Austin, Texas. A $25.00 fee will be required. Plans and Specifications furnished to prospective bidders remain the property of the Bidder. Each Proposal shall be accompanied by a Certified or Cashier's Check on a responsible bank in the State of Texas, or a Bid Bond issued by an acceptable surety company authorized to do business in the State of Texas in an amount of not less than five percent (5 %) of the total amount bid. The Contractor on this project will be required to furnish a Performance Bond and a Payment Bond in the amount of one hundred percent (100 %) of the total amount bid. No Proposal shall be withdrawn for a period of thirty (30) days after opening bids. The Owner reserves the right to reject any and /or all bids and to waive all formalities in bidding. The Owner also reserves the right to determine which bid is the lowest and the best, and to award the contract on this basis. City of Round Rock, Texas Owner DUA- 1790 -S &D INSTRUCTIONS TO BIDDERS A. Preparation of Bids: Bids shall be submitted on the forms or form furnished by the Owner, with all spaces appropriately filled in. Bid prices shall be legibly written in ink, in both words and numerals; in case of discrepancy between words and numerals, the price written in words shall govern. Any alteration of the words or numerals must leave both the original and the corrected price clearly legible, and each such alteration must be initialed by the person signing the bids. Any proposal submitted by an individual must be signed by the Bidder or his authorized agent; a Proposal by an association of partnership must be signed by a member of authorized agent of the organization, a Proposal b/ a company, corporation, etc., must be signed by a properly authorized agent of official. The Bidder's business name and address must be given on all Proposals; where pertinent, properly written authorization to sign the Proposal should be submitted with that Proposal. B. Interpretation of Contract Documents and Technical Specifications, and Plans Bidders desiring further information, or further interpretation of the Contract Documents and TECHNICAL SPECIFICATIONS and PLANS must make request for such information in writing to the Engineer, prior to 48 hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in addendum form, and all addenda will be bound and made a part of the Contract. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Contract Documents, TECHNICAL SPECIFICATIONS, or PLANS, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written addendum may be sent to all bidders. It is the responsibility of the bidders to know if they have received all such addenda, complete files of which will be maintained in the office of the Engineer and in the office designated to receive the PROPOSALS. C. Conditions of Work • Each bidder is expected to inform himself fully of the construction and labor conditions under which the work will be performed, and will have inspected the site and have read and be thoroughly familiar with the Contract Documents, TECHNICAL SPECIFICATIONS, and PLANS. Each bidder shall satisfy himself as the the character, quality and quantities of work to be performed and materials to be furnished. The submission of a proposal by a bidder shall be conclusive evidence that he has complied with these requirements. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. Any information given in regard to subsurface data, test borings, and similar conditions is to be considered approximate and does not relieve the bidder of the responsibility for its verification. Instructions to Bidders - DUA- 1790 -S &D D. Delivery of Proposal Each completed proposal shall be placed, together with the proposal guaranty in an envelope, sealed and clearly identified on the outside as a proposal to the Owner, projection description and name and address of the bidder. When sent by mail, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. Proposals will not be considered unless received on or before the time designated in the Invitation to Bidders. Any bidder, upon his written request, will be given permission to withdraw his proposal not later than the time set of the opening thereof. E. Proposal Guaranty Each proposal must be accompanied by a Cashier's or Certified Check, payable to the Owner, or an acceptable bid bond in the amount of not less than five percent (5 %) of the total amount bid, as a guarantee that bidder will enter into a contract and furnish the required bonds and insurance within five (5) working days after Notice of Award of contract to him. This guarantee shall be forfeited and become the property of the Owner in case the bidder neglects or refuses to enter into contract and to furnish bonds and insurance acceptable to the Owner within five (5) working days after his Proposal shall have been accepted. F. Evaluation of Bids After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposals, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities, plus any lump sum items and such other quoted amounts as may enter into the cost of the complete project, will be considered as the amount of the bids. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and to waive technicalities, to re- advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. Proposal will be considered irregular and may be rejected if they show erasures or improper alterations of words of figures, additions or deletions not called for, uninvited alternate or conditional bids, incomplete bids, or unbalanced values for any bid items Bidders may be disqualified and their proposals set aside for any cause not in the best interest of the Owner. G. Award of the Contract The Owner reserves the right to postpone final action on Proposals for up to thirty (30) calendar days after opening, and to investigate the competence and responsibility of Bidders. Award of the contract, if made, will be to the bidder who is judged by the Instructions to Bidders -2- DUA- 1790 -S &D Owner to be sufficiently responsible and competent to perform the contract to his satisfaction. An award does not become effective until the Owner issues the successful Bidder a written Notice of Award. H. Execution of Contract Within five (5) working days after the Notice of Award of the Contract has been issued, the successful bidder shall execute the Contract and furnish the Owner the following bonds and insurance: (1) A 100% Performance Bond (2) A 100% Labor & Materials Bond (3) Workmen's Compensation Insurance (4) Comprehensive General Liability Insurance (5) Property Damage Insurance (6) Automobile Liability Insurance I. Sureties No sureties will be accepted by the Owner which are in default or delinquent on any bonds, or which are interested in any litigation against the Owner. Should any surety on the contract be determined unsatisfactory at the time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. J. Commencement and Prosecution of Work The successful bidder will be required to commence work within ten (10) calendar days after the date the Notice to Proceed, and will be required to complete the work within the number of days stated in the contract beginning on the date of the Notice to Proceed. K. Statement of Bidder's Qualifications At the Owner's request the Bidder is to submit information regarding his qualifications in accordance with the following instructions. Minimum wage scales shall be as specified and regulated by the State of Texas and the Federal Government. All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder. 2. Permanent main office address and telephone number. 3. When organized. 4. If a corporation, where incorporated. 5. How may years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the approximate anticipated dates of completion). Instructions to Bidders -3- DUA- 1790 -S &D 1 7. General character of work performed by your company. , 8. Have you ever failed to complete work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important project recently completed by your company (six most recent), stating the approximate costs for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 1 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 1 16. Will you, upon request, fill out a detailed financial statement, and furnish any other pertinent information that may be required by the Owner? 17. The undersigned hereby authorizes and requests any person, firms, or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at this day 1 of , 19 _ , (Contractor) By Title , 1 1 1 1 1 Instructions to Bidders -4- DUA- 1790 -S &D SUNSET DRIVE STREET AND DRAINAGE IMPROVEMENTS CITY OF ROUND ROCK, TEXAS 214 East Main Round Rock, Texas 78664 PROPOSAL COA Spec. Item Estimated Description and Unit Price No. No. Quantity of Item in Words June 12, 1987 Gentlemen: The undersigned, in compliance with your invitation for bids for construction of the Sunset Drive, Street and Drainage Improvements, for the City of Round Rock, Texas, having examined the plans and specifications with the related documents, having carefully read same, having examined the site of the proposed project, proposes to furnish all labor, materials, supplies, and to construct the project in accordance with the Contract Documents within the time set forth and at the price stated below: Unit Price in Figures Total Price Street Improvements 110 1. 9,701 SY Street Excavation, including 6,167 SY Subgrade Preparation, complete and in place, per square yard, For One Dollars And Forty -three Cents $ 1.43 $ 13,872.43 210 2. 1,635 CY Flexible Base, complete and in place, per cubic yard, For Thirteen Dollars And Twenty Cents 13.20 21,582.00 340 3. 5,124 SY 2" Hot Mix Asphaltic Concrete, complete and in place, per square yard, For Three Dollars And Seventy -five Cents 3.75 19,215.00 340 4. 570 SY If" Hot Mix Asphaltic Concrete, complete and in place, per square yard, For Two Dollars And Ninety -five Cents 2.95 1,681.50 436 5. 1,119 SF Concrete Valley Gutter, complete and in place, per square foot, For Two Dollars And Twenty -five Cents 2.25 2,517.75 P -1 DUA- 1790 -S &D COA Spec. Item Estimated Description and Unit Price Unit Price No. No. Quantity of Item in Words in Figures Total Price 860 6. 104 SF Reflectorized Pavement Marking Figures, complete and in place, per square foot, For One Dollars And Ten Cents $ 1.10 $ 114.40 860 7. 430 LF 4" Reflectorized Pavement Marking lines complete and in place, per linear foot, For No Dollars And Fifty -five Cents 0.55 236.50 863 8. 24 EA Reflectorized Pavement Markers, Type II- C- R,complete and in place per each, For Eleven Dollars And Twenty -five Cents 11.25 270.00 TOTAL AMOUNT BID FOR STREET IMPROVEMENTS $ 59,489.58 Drainage Improvements 510 9. 136 LF 25 "x16" CMP, complete and in place, per linear foot, For Seventeen Dollars And No Cents 17.00 2,312.00 510 10. 134 LF 29 "x18" CMP, complete and in place, per linear foot, For Eighteen Dollars And No Cents 18.00 2,412.00 510 13. 62 LF 18" RCP, Class III, complete and in place, per linear foot, For Eighteen Dollars And No Cents 18.00 1,116.00 120 14. 667 LF "V" Bottom Channel, complete and in place, per linear foot, For One Dollars And Twenty -five Cents 1.25 833.75 P -2 1 1 1 1 1 1 1 1 1 1 1 1 510 11. 178 LF 24" CMP, complete and in place, , per linear foot, For Eighteen Dollars And No Cents 18.00 3,204.00 , 510 12. 140 LF 30" CMP, complete and in place, per linear foot, For Thirty -five Dollars And No Cents 35.00 4,900.00 II 1 1 1 1 DUA- 1790 -S &D COA Spec. Item Estimated Description and Unit Price Unit Price No. No. Quantity of Item in Words in Figures Total Price 120 15. 400 LF Grading of existing Channel on North Mays Street, complete and in place, per linear foot, For No Dollars And Eighty Cents $ 0.80 $ 320.00 508 16. 2 EA Concrete Riprap, including 5' Flat Bottom Transition Channel for one 18" RCP, complete and in place, per each, For Three Hundred Fifty Dollars And No Cents 350.00 700.00 508 17. 508 18. 1 EA Concrete Riprap (Downstream) for two 30" CMP, complete and in place, per each, For Two Thousand Dollars And No Cents 2,000.00 2,000.00 1 EA Concrete Riprap (Upstream) for two 30" CMP, including 10' Transition Channel, complete and in place, per each, For Eighteen Hundred Twenty -five Dollars And No Cents 1,825.00 1,825.00 508 19. 2 EA Type "C" Rock Headwall, including 5' Flat Bottom Transition Channel, for 24" CMP, complete and in place, per each, For One Hundred Sixty -five Dollars And No Cents 165.00 330.00 508 20. 8 EA Type "C" Rock Headwall, including 5' Flat Bottom Transition Channel, for 29x18" CMP, complete and in place, per each, For One Hundred Sixty -five Dollars And No Cents 165.00 1,320.00 508 21. 8 EA Type "C" Rock Headwall, including 5' Flat Bottom Transition Channel, for 25x16" CMP, complete and in place, per each, For One Hundred Sixty -five Dollars And No Cents 165.00 1,320.00 508 22. 1 EA 6" Concrete Drop Structure from 3' Concrete Valley Gutter to 18" RCP Headwall, complete and in place, per each, For Six Hundred Fifty Dollars And No Cents 650.00 650.00 P -3 DUA- 1790 -S &D COA Spec. Item Estimated Description and Unit Price No. No. Quantity of Item in Words 604 23. 3,770 SY Seeding for Erosion Control, complete and in place, per square yard, For No Dollars And Sixty Cents TOTAL PRICE BID FOR DRAINAGE IMPROVEMENTS TOTAL PRICE BID FOR ALL IMPROVEMENTS P -4 Unit Price in Figures $ 0.60 Total Price $ 2,262.00 $ 25,504.75 $ 84,994.33 DUA- 1790 -S &D The undersigned bidder hereby acknowledges receipt of the following addenda: None and such addenda are hereby made a part of this contract. The undersigned bidder agrees to complete the work on which he has bid within 60 calendar days from the date of the written order to commence work, including The of the work order. Enclosed with this Proposal is a Certified or Cashier's Check for Dollars ($ ) or an acceptable bid bond percent (5 %) of the total bid, which it is agreed shall be collected by the Owner as liquidated damages in the event this Proposal Owner and the undersigned fails to execute the Agreement and Contract Documents within five (5) calendar days after the acceptance of said proposal; otherwise, said check or bid bond shall to the undersigned, from the date of the bid opening. in the sum of five and retained is accepted by the all other necessary date of notice to be returned The undersigned further declares that he will provide all necessary tools, machinery and apparatus, do all of the work and furnish all the materials and supplies, and do everything required to carry out the above mentioned work covered by the Proposal for the prices set forth above. If written notice of the acceptance to the undersigned within thirty (30) any time thereafter before this bid days after the date of such notice Agreement and all other necessary Proposal. of this bid is mailed, telegraphed or delivered days after the date of the opening of bids, or is withdrawn, the undersigned will, within five of acceptance, execute and deliver a suitable Contract Documents covering the work of this It is understood that any bid item may be either reduced or increased in quantity up to twenty -five percent (25 %) of the total quantity at the option of the Owner and the Contractor's unit bid prices shall remain the same. In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids. The Contractor shall be prepared to start work on this project immediately upon acceptance of his bid. The Contractor, recognizing the importance of this project for the Owner, and by submitting his bid, confirms that he has checked and re- checked his bid proposal, that he has considered fully the price of all materials, labor and any and all other cost items to him to complete this project, that he has examined the project site and satisfied himself regarding unclassified excavation and all other physical aspects of the project, that he has examined carefully the plans and specifications and confirms that they reflect the full intent of all aspects of the project. Respectfully submitted: BIDDER: J. C. EVANS EX VATION CO., INC. BY: TITLE. President A MAILING ADDRESS: P. 0. Box 9647 Austin, Texas 78766 P -5 ' DUA- 1790 -S &D At the request of the Owner the Contractor will be required to submit the names of the subcontractors, and to what extent they will be used, if awarded this contract. The Contractor shall be fully aware that before his bid proposal will be taken under consideration for possible contract awarding or before any contract will be prepared, the subcontractors listed below must be approved in writing by the owner. No other subcontractor may be substituted, after this list is submitted, without prior written consent by the owner before they may be used on this job. Should the owner find any of the proposed subcontractors to be objectionable, the contractor and the owner shall arrive at a mutually agreeable substitute prior to commencing work. The subletting of any portion of the work shall not release the contractor from his obligations regarding that portion of the work and shall be considered his total responsibility. Name of Subcontractor What Extent Used Bidder /Contractor: By: Title: Owner: Engineer: SUBCONTRACTOR AGREEMENT DUA- 1790 -S &D STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT THIS AGREEMENT, made and entered into this 12th day of June A.D. 1986, by and between The City of Round Rock, Texas acting through Mike Robinson, Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and J. C. EVANS EXCAVATION CO., INC. of the City of Round Rock , County of Williamson Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the PARTY of the First Part (OWNER), and under the conditions expressed in the Bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: SUNSET DRIVE STREET AND DRAINAGE IMPROVEMENTS and all extra work in connection therewith, under the terms as stated in the "General Conditions of the Agreement ", and at his (or their) own proper cost and expense to A -1 , and State of Texas DUA- 1790 -S &D furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the "Proposal" attached hereto, and in accordance with the Plans, which includes all maps, plats, blue prints and other drawings and printed explanatory matter thereof, and the Specifications therefor, as prepared by: DIPPEL, ULMANN & ASSOCIATES, INC. 2499 Capital of Texas Highway Suite 204 Austin, Texas 78746 herein entitled the ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR and the ENGINEER thereon, together with the CONTRACTOR'S written "Proposal ", the "Special Conditions of the Agreement ", the "General Conditions of the Agreement ", the "Performance and Payment Bonds" (where required) hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so shall have been given to him, and to substantially complete same within 60 calendar days after the date of the written notice to commence work. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the "Proposal" submitted therefore, subject to additions and deductions, as provided in the "General Conditions of the Agreement ", and to make payments on account thereof as provided therein. A -2 DUA- 1790 -S &D IN WITNESS WHEREOF, the Parties to these presents have executed this "Agreement" in the year and day first written above. ATTEST: O ifIdLI A nne Lan. C y Secretary REC! ut, NDED BY: LMANN s ATE , IN Date: q/18,7 A -3 THE CITY OF ROUND ROCK, TEXAS Party of the First Part (OWNER) Mike Robinson, Mayor J. C. EVANS EXCAVATION CO., INC. Party of the Second Part (CONTRACTOR) ' E A'EZ/ C uT DUA- 1790 -S &D GENERAL CONDITIONS This document has imponant legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. N•1■ON AL. IOC,F r. Of 1 ENC.INIf oS No. 19104 11913 Edition) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee Issued and Published Jointly By and PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors of America These General Conditions have been prepared for use with the Owner - Contractor Agreements (No. I9104 -A -I or 1910.8 -A -2. 1983 editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents. No. 1910.9, 1981 edition. For guidance in the preparation of Supplementary Conditions. see Guide to the Preparation of Supple- mentary Conditions (No. 1910.17. 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910 -12. 1983 edition) may be used. wit TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page I DEFINITIONS 7 2 PRELIMINARY MATTERS 8 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE 9 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 10 5 BONDS AND INSURANCE 11 6 CONTRACTOR'S RESPONSIBILITIES 14 7 OTHER WORK 18 8 OWNER'S RESPONSIBILITIES 19 9 ENGINEER'S STATUS DURING CONSTRUCTION 19 10 CHANGES IN THE WORK 21 11 CHANGE OF CONTRACT PRICE 21 12 CHANGE OF CONTRACT TIME ' • 24 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 24 14 PAYMENTS TO CONTRACTOR AND COMPLETION 26 15 SUSPENSION OF WORK AND TERMINATION 29 16 ARBITRATION 31 17 MISCELLANEOUS 32 Article or Paragraph Number Acceptance of Insurance 5.13 Access to the Work 13.2 Addenda - definition of (see definition of Specifications) 1 Agreement -definition of 1 All Risk Insurance ' 6 Amendment. Written 1. 3.1.1 Application for Payment- definition of I Application for Payment. Final 14.12 Application for Progress Payment 14.2 Application for Progress Payment- review of . 14.4.14.7 Arbitration 16 .Authorized Variation in Work 9.5 Availability of Lands 4.1 Award. Notice of- defined 1 Before Starting Construction '' 5.2 Bid -definition of 1 Bonds and Insurance -in general ...... ..... .......... 5 Bonds - definition of I Bonds. Delivery of 2.1. 5.1 Bonds. Performance and Other 5.1.5' Cash Allowances 11.8 Change Order - definition of 1 Change Orders -to be executed 10.4 Changes in the Work 10 Claims. Waiver of-on Final Payment 14.16 Clarifications and Interpretations 9.4 Cleaning 6.17 Completion 11 Completion. Substantial 14.8.14.9 Conference. Preconstruction 2 . 8 Conflict. Error. Discrepancy - Contractor to Report '_.5. 3.3 Construction Machinery. Equipment. etc. 6.4 Continuing Work 6.19 Contract Documents - amending and supplementing 3.4-3.5 Contract Documents -- definition of 1 Contract Documents - Intent 3.1-3.3 Contract Documents -Reuse of t 6 Contract Price. Change of 11 Contract Price- definition 1 Contract Time. Change of 12 Contract Time. Commencement of 2.3 Contract Time - definition of 1 Contractor - definition of I Contractor May Stop Work or Terminate 15.5 Contractor's Continuing Obligation 14.15 Contractor's Duty to Report Discrepancy in Documents 2.5. 3.2 Contractor's Fee-Cost Plus ... I1.4.5.6. 11.5.1 11.6-11.7 Contractor's Liability Insurance 5 3 Contractor's Responsibilities -in general 6 INDEX TO GENERAL CONDITIONS Contractor's Warranty of Tide 14.3 Contractors-other ....... ............................... 7 Contractual Liability Insurance ' 4 Coordinating Contractor -definition of 7.4 Coordination 7.4 Copies of Documents Correction or Removal of Defective Work 13.11 Correction Period. One Year 13.12 Correction. Removal or Acceptance of Defective Work -in general 13.11.13.14 Cost -net decrease 11.6.' Cosa of Work 11.4.11.5 Costs. Supplemental 11.1.5 Day - definition of ........ ............................... 1 Dejecrive -definition of ......................... ....... I Defective Work. Acceptance of ... 13.13 Defective Work. Correction or Removal of 13.11 Defective Work -in general 13. 14.7, 14.11 Defective Work. Rejecting ............................. 9.6 Definitions 1 Delivery of Bonds '.I Determination for Unit Prices 9.10 Disputes. Decisions by Engineer .............. 9. 9.11-9.12 Documents. Copies of '' Documents. Record 6.19 Documents. Reuse t 6 Drawings - definition of 1 Easements 4.1 Effective date of Agreement-definition of _ .. .......... 1 Emergencies 6.2 Engineer - definition of I Engineer's Decisions 9.10 Engineers-Notice Work is Acceptable 14.13 Engineer's Recommendation of Pay merit ... .. 14.4 11.13 Engineer's Responsibilities. Limitauotts on 6.6. 9.I 1. 9.17.9.16 Engineer's Status During Construction -in general 9 Equipment. Labor. Materials and 6.3.6.6 Equivalent Materials and Equipment 6.7 Explorations of physical conditions 4.2 Fee. Contractor's -Costs Plus - 11 - Field Order - definition of 1 Field Order - issued by Engineer ............... 3.5.1. 9.5 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14 -13 Final Payment. Recommendation of 14.13 General Provisions 17.3.17 -4 General Requirements- definition of 1 General Requirements - principal references to 2.6. 4.4. 6.4. 6.6.6.7. 6.23 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Giving Notice -- Guarantee of Work -by Contractor Indemnification 6.30-6.32. 7.5 Inspection. Final 14.11 Inspection. Tests and 13.3 Insurance. Bonds and-in general 5 Insurance. Certificates of 2.7. 5 Insurance - completed operations 5.3 Insurance. Contractor's Liability 5 Insurance, Contractual Liability 5.4 Insurance. Owner's Liability 5.5 Insurance, Property 5 6 5.13 Insurance- Waiver of Rights 5 11 Intent of Contract Documents 3.3. 9.14 Interpretations and Clarifications 9.4 Investigations of physical conditions 4 Labor. Materials and Equipment 6.3.6.5 Laws and Regulations -definition of 1 Laws and Regulations - general 6.14 Liability Insurance-Contractor's 5 Liability Insurance - Owner's 5.5 Liens - definitions of 14,2 Limitations on Engineer's Responsibilities 6.6. 9.11. Materials and equipment- furnished by Contractor Materials and equipment -not incorporated in Work Materials or equipment - equivalent Miscellaneous Provisions Multi -pnme contracts 14.2 6.7 17 Notice. Giving of 17.1 Notice of Acceptability of Project 14, Notice of Award -definition of I Notice to Proceed - definition of 1 Notice to Proceed - giving of 2 3 "Or- Equal" Items 6.7 Other contractors 7 Other work 7 Overtime Work - prohibition of 6,3 Owner - definition of 1 Owner May Correct Defective Work 13,14 Owner May Stop Work 13.10 Owner May Suspend Work. Terminate 15 1-15.4 Owner's Duty to Execute Change Orders 11.8 Owner's Liability Insurance 5 5 Owner's Representative- Engineer to serve as 9.1 Owner's Responsibilities -in general 8 Owner's Separate Representative at site 9 Partial Utilization 14.10 Partial Utilization- definition of I Partial Utilization - property Insurance 5 .15 Patent Fees and Royalties 6.12 Payments. Recommendation of 14,4-14.7. 14.13 Payments to Contractor -in general 14 17.1 Payments to Contractor -when due 14.4. 14.13 13.1 Payments to Contractor - withholding 14.7 Performance and other Bonds 5.1 -5.2 Permits 6.13 Physical Conditions 4.2 Physical Conditions - Engineer's review 4 Physical Conditions-existing structures 4 . 2 Physical Conditions - explorations and reports 4.2.1 Physical Conditions - possible document change 4.2.5 Physical Conditions -price and time adjustments ... _ 4.2,5 Physical Conditions -report of diffenng 4.2.3 Physical Conditions- Underground Facilities 4 Preconstruction Conference , 8 Preliminary Matters , Premises. Use of 6.16.6.18 Price. Change of Contract 11 Price Contract -.. definition of I Progress Payment. Applications for 14 Progress Payment - retainage 14.2 Progress schedule 2.6. 2.9. 6.6. 6.29. 15.2.6 Project- definition of 1 Project Representation - provision for ... .... ........ 9.3 Project Representative. Resident - definition of ... I Project. Starting the 2.4 Property Insurance 5.6.5.13 9.13.9,16 Property insurance- Partial Utilization 5.15 Property Insurance- Receipt and Application . 6.3 of Proceeds 5.12-5.13 Protection. Safety and 6.20-6.21 Punch list 14.11 5 Recommendation of Payment 14.4. 14.13 Record Documents 6.19 Reference Points 4.4 Regulations. Laws and 6.14 Rejecting Defecrrce Work 9.6 Related Work at Site 7,1-7.3 Remedies Not Exclusive 17.4 Removal or Correction of Defective Work 13.11 Resident Project Representative - definition of 1 Resident Project Representative - provision for 9.3 Responsibilities. Contractor's -in general 6 Responsibilities. Engineer's -in general ... _ . _ 9 Responsibilities. ON ner's -in general 8 Retainage 14.2 Reuse of Documents 3 5 Rights of Way 4.1 Royalties. Patent Fees and 6.12 Safety and Protection 6.20.6.21 Samples 6.23-6.28 Schedule of progress 2.6. 2.8-2.9, 6.6.6 29. 15.2.6 Schedule of Shop Drawing submissions 2 .6. 2.8.2.9. 6.23. 14.1 Schedule of values 2.6. 2.8.2.9. 14.1 Schedules. Finalizing -r 9 Shop Drawings and Samples 6.23-6.28 Shop Drawings - definition of 1 Shop Drawings. use to approve substitutions 6.7.3 Site, Visits to-by Engineer 9.2 Specifications -- definition of 1 Starting 5 2.8 ing Construction. Before 2 4 Starting the Project 12.4 Stopping Work -by Contractor 13.10 5 Stopping Work -by Owner Subcontractor- definition of 6.8-6 11 5.1 Subcontractors -in general Subcontracts - required provisions . 6.11 11 1 Substantial Completion--certification of 14.8 Substantial Completion--definition of 1 Substitute or "Or- Equal" Items 6.7 Subsurface Conditions 4.2.4.3 Supplemental costs 11.4.5 Supplementary Conditions-definition of 1 Supplementary Conditions - principal references to .. 2. 4.2. 5.1. 5.3. 5.6-5.8. 6,3. 6.13. .6 3. .9 Supplementing Contract Documents 3.4 -3.5 Supplier- definition of 1 Supplier - principal references to ... 3.6. 6.5. 6.7-6.9. 6.20. 6.24. 9.13, 9.16. 11.8. 13.4. 14.12 Surety- consent to payment 14.12. 14.14 Surety- Engineer has no duty to 9.13 Surety- notice to 10.1. 10.5. 15.2 Surety- qualification of 5.1.5.2 Suspending Work. by Owner 15.1 Suspension of Work and Termination -in general Superintendent- Contractor's 6 1-6.2 Supervision and Superintendence Taxes- Payment by Contractor 6.15 Termination -by Contractor 15.5 Termination -by Owner 15.2-15.4 Termination. Suspension of Work and -in general 13.3-13.7 Tests and Inspections 12 Time. Change of Contract Time. Computation of 17.2 Time. Contract - definition of 1 Uncovering Work 13.8.13.9 Underground Facilities-definition of 1 Underground Facilities -not shown or indicated 4.3.2 Underground Facilities- protection of 4.3. 6.20 Underground Facilities -shown or indicated 4.3.1 Unit Price Work - definition of 1 Unit Price Work - general 11.9. 14.1. 14.5 Unit Prices 11.3.1 Unit Prices. Determinations for 9.10 Use of Premises 6.16.6.18 Utility owners 6.13. 6.20. 7.2.7.3 Values. Schedule of '_.6. 14.1 Variations in Work - Authorized 6.25. 6.27. 9.5 Visits to Site -by Engineer 9.2 Waiver of Claims-on Final Payment 14.16 Waiver of Rights by insured parties t 10. 6.11 Warranty and Guarantee-by Contractor 13.1 Warranty of Title. Contractor's 14.3 Work. Access to 13.2 Work -by others 7 Work Continuing During Disputes 6.29 Work. Cost of 11.4-11.5 Work -definition of I Work Directive Change -definition of 1 Work Directive Change - principal 3.4.3. 10.1.10.' references to 13.1 2 Work. Neglected by Contractor 15.5 Work. Stopping by Contractor Work. Stopping by Owner 15.1-15.4 Wntten Amendment - definition of 1 Written Amendment - Principal 3.4.1. 10.1. I1?. 12.1 references to 6 1 1 1 1 1 1 1 1 1 J 1 1 1 w 1 1 1 1 1 GENERAL CONDITIONS ARTICLE 1— DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Documents. Agreement —The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment —The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds —Bid. performance and payment bonds and other instruments of security. Change Order —A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date of the Agreement. Contract Documents—The Agreement. Addenda !which per- tain to the Contract Documents). CONTRACTOR's Bid (including documentation accompanying the Bid and any post - Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds. these General Conditions. the Supplementary Conditions. the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement. together with all amend- ments. modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price —The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time —The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 7 defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or 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 final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings —The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Cun- tracr Documents. Effective Date of the Agreement —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. ENGINEER —The person, firm or corporation named as such in the Agreement. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements —Sections of Division I of the Speci- fications. Laws and Regulations; Laws or Regulations —Laws. rules. regulations. ordinances. codes and/or orders. Notice of award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the Agreement. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER —The public body or authority. corporation. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization — Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. Resident Project Representative —The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. Shop Drawings —All drawings. diagrams. illustrations. schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures. standard schedules. perfor- mance charts. instructions. diagrams and other information to prepared by a Supplier and submitted by CONTRACTOR Work. illustrate material or equipment for some po oT of Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials. ship as applied to he Work and certain n dmin st ativ a details applicable thereto. Subcontractor —An individual. firm or corporation having a any other Sub- direct contract contractor for the performs ce of part ofhhe Work at the site. Substantial Completion —The Work or a specified part thereof( has progressed to he point where. in the opinion of ENGI- NEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion. it is sufficiently complete. in accordance with the Contract Documents. so that he Work for specified pant can be utilized for the purposes for which it is intended: or if there be no such certificate issued. when final payment is due in accordance with paragraph 14.13- The terms "substantially complete and ' 'substantially com- pleted' as applied to any Work refer 10 Substantial Comple- tion thereof. Supplementary wh which amends or supplements t these Geneal me tsCondi- tions. Supplier —A manufacturer. fabricator. supplier. distributor. matenalman or vendor. Underground Facilities—All pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- any of ities which have been installed underground to furnish a the following services or materials: electricity. gases. h steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. Unit Price Work —Work to be paid for on the basis of unit prices. Work —The entire completed construction or the various sep• arately identifiable pans thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contact Documents. Work Directive Change —A written directive to CONTRAC- TOR. issued net by on the by ENGINEER. and signed by ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragr ph 4.2 or 4.3 or to emergencies under paragraph 6.22. a .ce or the Directive Change may riot change the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. if any. on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment —A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineenng or nontechnical rather than strictly Work - related aspects of the Contract Documents. ARTICLE 2— PRELIMINARY MATTERS Delivery of Bonds: 2. 1 _ When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. Commencement of Contract Time: Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceeds given. on the day indicated in the Notice to Proceed. A Notice to Proceed may he given at any time within thins days after the Effective Date of he Agree- ment. In no event will the Contract Time commence to run later than the sexenty -fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. 8 Scaring the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at he site prior to the date on which the Contact Time commences to run. Before Starting Construction: 23. Before undertaking each part of the Work. CON• TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to repon any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub missions: and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started. CONTRAC- TOR shall deliver to OWNER. with a copy to ENGINEER. certificates Land other evidence of insurance requested by O W N ER I which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver to CONTRACTOR certificates and other evidence of insurance requested by CONTRACTORI which OWNER is required to purchase and maintain In accordance with paragraphs 5,6 and 5.7. Preconssrucnon Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at Me site. a conference attended by CONTRACTOR. ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for Processing Applications for Payment. and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9. At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para. 9 • graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Intent: 3.1. The Contract Documents comprise the enure agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: w hat is called for by one is as binding as if called for by all The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Document, to describe a functionally complete Project for part thereof) to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well -known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implication, shall mean the latest standard specification, manual. code or Laws or Regulations in effect at the time of opening of Bids lot, on the Effective Date of the Agreement if there were no Bids'. except as may be otherwise specifically stated. However. no provision of any referenced standard specification. manual or code ( whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER, or any of their consultants, agents or employ- ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER. or any of ENGI- NEER's consultants. agents ur employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. 1f. during the performance of the Work. CONTRAC- TOR finds a conflict. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER: however. CONTRACTOR shall not be liable to .OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract eD men unless CONTRACTOR had actual knowledge reasonably have known thereof. Amending and Supplementing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment. 3,4.2. a Change Order ipursuant to paragraph 10.4). 3.4.3. a Work Directive Change (pursuant to para- graph 10.11. As indicated in paragraphs 11.2 and 12.1. Contact Price and Contact Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition. the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in the Work may be authorized. in one or more of the following ways: 3,5.1. a Field Order (pursuant to paragraph 9 -5). sample (pursuant(o paragraphs approval of 6.2.6 and 6.27), Drawing or or 3.5.3. ENGINEER'S written etinterpretation or clarifi- cation (pursuant to paragraph Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- nishing any of the Work under a direct o1 t dir indirect contract with OWNER shall have or acquire any tle or other r shu- rights in any of the Drawings. Specifications meets (or copies of any thereof( prepared by or bearing the seal of ENGINEER: and they shall riot reuse any of them on extensions of the Project or any other project without written ENGINEER consent of OWNER and and specific written verifi at on or adaptation byENGNEER ARTICLE a CONDITIONS: REFERENCE POINTS PHYSICAL Availahifily of Lands: 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be per- formed righter -way and easements for access thereto. and such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contact Documents. If CONTRACTOR b eli e ves at any y de in OWNER'S furnishing these ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR'S purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of ph) sical conditions in or relating to existing surface and subsurface structures (except Underground are od F referred to in paragraph contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contact Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the Except ness thereof for CONTRACTOR'S pure or indicated in the immediately preceding sentence and in paragraph 4.2.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 10 1 1 1 1 1 1 1 1 1 1 4.2,3. Report of Differing Conditions: If CONTRAC TOR believes that 4 any technical data on which CONTRAC TOR is entitled to rely as provided in paragraphs and 4.2.2 is inaccurate. or 4 any physical condition uncovered or cated revealed efleced or referred materially i t e Contract Docu- ments. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by pan - graph 6.22). notify OWNER and ENGINEER in writing about the inaccuracy or difference. 1 1 1 1 4.2.4. E.`'GI,\EER s Reties: ENGINEER will promptly review the pertinent conditions. determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing( with a copy to CONTRACTOR) of ENGINEER'S findings and con- clusions. 4.2.5. Possible Document Change: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Articles I I and 12. Physical Conditions — Underground Facilities: 4.3.1. Shorn or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. 4.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locating all Underground Facilities shown - or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. 4.3,2. Nor Shorn or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22). identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay - ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as otherwise provided by Law or Regulation or by the Con- tract Documents CONTRACTOR shall also furnish such other Bonds as .,re required by the Supplementary Condi- tions. All Bonds shall be in the forms prescnbed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Cenificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Il determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles I I and 12. Reference Points: 4.4. OWNER shall provide engineering survey s to estab- Iish reference points for construction which in ENGINEER 's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior wntten approval of OWNER. CONTRAC• TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes i n grades or locations. and shall be res pun • sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5 —BONDS AND INSURANCE 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety. both of which must be acceptable to OWNER. Contractor's Liability insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S perfor- mance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents. whether it is to be performed or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employed by any of them to perform or furnish any of the Work. or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts: 5.3. Claims for damages because of bodily injury. occupational sickness or disease. or death of CONTRAC- TOR's employees: ' 5.3.3. Claims for damages because of bodily injury. sickness or disease. or death al any person other than CONTRACTOR'S employees: 5.3..t Claims for damages insured by personal injury liability coverage which are sustained tai by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or i6) by any other person for any other reason: _ 5.3 -5. Claims for damages. other than to the Work itself. because of injury to or destruction of tangible prop- erty wherever located. including loss of use resulting therefrom: 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and 5,3.7. 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. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions. or required by law. whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defective Work in accordance with paragraph 13. t'_. In addition. CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: S.J. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR'S obligations under paragraphs 6.30 and 6.31. Owner's Liability insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and. at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable s atue thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations(. this insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER'S consultants in the Work. all of w hom shall he listed as insureds or additional insured parties. shall insure against the perils of fire and extended c overage and shall include "all risk" insurance for physical loss and damage 'including theft, vandalism and malicious mischief. collapse and water damage. and such other perils as may he pros ided in the Supplementary Conditions. and shall include damages. losses and expenses ammg out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers. architects. attorneys and other professionals If not covered under the Fall risk" insurance or otherwise pru- ided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar property insurance on portions of the portions Work the Work are to be the included in an transit Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER AND ENGIN consultants in the Work. all of whom shall be listed as insured or additional insured parties. 12 1 1 111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.8. All the policies of insurance for the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWN ER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- NEER. ENGINEER'S consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER. CONTRACTOR. ENGINEER. ENGI- N E E R's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by.the peals covered thereby. Accordingly. all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds. and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER'S consultant OWNER will obtain the same. and if 13 such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear. subject to the require• ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies al insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Uapradon— Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be accom- plished in accordance with paragraph 14.10: provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6_ CONTRACTOR - S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise 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 the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means. methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means. method. technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor. Materials and Equipment: 6.3. CONTRACTOR ,hall provide competent. suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours. and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday. Sunday or any legal holiday without OWNER'S writ- ten consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. construction equipment and machinery. tools. appliances. fuel. power. light. heat. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. performance. testing. start-up and completion of the Work. 6.5. All materials and equipment shall be of good quality and new. except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence tincluding reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Scheduk: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance Ito the extent indicated in paragraph 2.91 adjust- ments in the progress schedule to reflect the impact thereon of new developments: these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 14 Substitutes or "Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indic.itmg that no substitution is permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests fur review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Comple- tion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents for in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or 1 w 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such su bstitute, including costs of redesign and claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRAACTOR's expense additional data about the proposed substitute. 6.7.2. If a specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or utilized without ENGINEER'S prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization I including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.21. whether initially or as a substi- tute. against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by 15 OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNERs or ENGINEER'S accept- ance (either in writing or by failing to make written objet• (ion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER w reject dvjrrrirr Work. • 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per. forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CON TRACTOR'S own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER ur ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regul.uions. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. • 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance 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 copynghts held by others. If a particular invention. design. process. product or device is specified in the Contract Documents for use in the perfor- mance 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 royalty to others. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims. damages. losses and expenses )including attorneys' fees and court and arbitration costs) arising out of any infringement of patent nghts or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention. design. process. product or device not specified in the Contract Documents. and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary. in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for 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. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations, neither OWN ER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR'S compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt wntten notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations. and without such notice to ENGINEER. CONTRACTOR shall bear all costs ansing therefrom: however. it shall not be CONTRACTOR'S pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Tam: 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations. nghts- of -way. permits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent permitted by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. losses and expenses )including. but not limited to. fees of engineers. architects. attorneys and other professionals and court and arbitration costs) arising directly. indirectly or consequentially out of any action. legal or equi- table. brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 16 6.17, During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste matenals. rubbish and debris from and about the premises as well as all tools. appliances. construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to onginal condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in 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. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written interpretations and clarifications I issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon com- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 pletion of the Work. these record documents, samples and Shop Drawings will be delivered CO ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: 6.20.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or otl the site; and 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements, road- ways. structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. • CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of their prop- erty. All damage. injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly. in whole or in pan. by CONTRACTOR, any Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR )except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable. directly or indi- rectly. in whole or in part. to the fault or negligence of CON- TRACTOR). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. 17 Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, 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. If ENGI. NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR'S responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEER to review the infor- mation as required. 6 24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc. uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR'S responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. Supplier. pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities. dimensions, specified performance cri- teria. installation requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission. CONTRAC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents. and. in addition. shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples. but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means. methods. techniques. sequences or procedures of construction (except where a specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGIN EER. 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 previous submittals. 6.27. ENGINEER'S review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a 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 errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work performed pnor to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. 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 pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants. losses and employees from and against all claims. damages• s expenses. direct. indirect or consequential )including but not limited to fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs) aris- ing out of or resulting from the performance of the Work. provided that any such claim. damage. loss or expense la) 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 Ib) is caused in whole or in part by any negligent act or omission of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants. agents or employees by any employee of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limned in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER'S consultants. agents or employees arising out of the preparation or approval of maps. drawings. opinions. reports. surveys. Change Orders. designs or specifications. Related Work at Site: 7.1. OWNER may perform other work related ro the Proj- ect at the site by OWNER's own forces. have other work " performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents. written nonce thereof will be given to CONTRACTOR prior to starting any such other work: and. if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER. if OWNER is performing the additional 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 work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting. fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- 18 ARTICLE 7 —OTHER WORK 1 1 N 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR'S Work depends for proper execution or results upon the work of any such other contractor or utility owner for OWNER). CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR'S failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR'S Work except for latent or non - apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor• mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con• tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8— OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER'S identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing srruc- 19 tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. • 8.5. OWNER'S responsibilities in respect of purchasing and maintaining liability and property insurance are set forth M Paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER'S responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4, 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs I3.10and 17. I. paragraph 15.2 deals with OWNER'S right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER'S representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OW NER representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits re Sire: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER'S agent or employee. the duties. responsibilities and limitations of authority of such other person will be u provided in the Supplementary Conditons• Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary. which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article I I or Article 12. .4 athorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be deJecrire. and will also have authority to require special inspection or testing of the Work as pros ided in paragraph 13.9. whether or not the Work is fabricated. installed or completed. Shop Drawings. Change Orders and Payments: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Articles 10. 11 and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise). ENGL. NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other party to the Agreement and 20 to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the .Agreement promptly but in no event later than thirty days) after the occurrence of the event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such a opacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.161 will be a condition precedent to any a'.erctse by OWNER or CONTRACTOR of such rights ur 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. Limitations on ENGINEER 's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier. or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered ". as directed .. . as required ". as allowed ". as approved" or terms of like effect or import are used. or the adjectives "reasonable". "suitable ". "acceptable ". "proper" or "satisfactory or adjectives of like effect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9,16. 9.15. ENGINEER will not be responsible for CON- TRACTOR'S means. methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier- or of any other person or organization performing or furnishing any of the Work. ARTICLE 1 0— .CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work: these will be authorized by a Written Amendment, a Change Order. or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided I. 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change- a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para. graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders for Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1, are required because of acceptance of deject/sr Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties: 10.4.2, changes in the Contract Price or Contract Time which are agreed to by the parties: and 21 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that, in lieu of executing any such Change Order. an appeal may be taken front any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON. TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6,29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to. Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTR.AC- TOR -s responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON. TRACTOR shall he at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11,2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1• Where the Work involved is covered by unit Prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.91. through 11.9.3, inclusive). 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). Cost of the Work: 11.4. 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. 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 any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes. workers' or workmen's compensation. health and retirement benefits, bonuses. sack leave. vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Satur• day. Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- portation 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 all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids will be accepted. If a 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 shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject 22 to the other provisions of the Contract Documents insofar as applicable. 11 .4.4. Costs of special consultants including but riot limited to engineers. architects. testing laboratories. sur- veyors. attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transporta- tion. travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost. including transportation and main- tenance. of all materials. supplies. equipment. machin• ery. appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation. loading. unloading. installation. dismantling and removal thereof —all in accordance with terms of said rental agreements. T he rental of any such equipment. machin- ery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales. consumer. use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CON TRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any o1' them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). pro- vided they 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 determinini CONTRAC TOR's Fee. 1f. however. any such loss or damage 1 1 y 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities. fuel and sanitary facilities at the site. 11.4.5 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. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON. TRACTOR'S officers, executives. principals (of partner. ship and sole proprietorships), general managers. engi- neers, architects. estimators. attorneys, auditors, accoun- tants. purchasing and contracting agents. expeditors, timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC• TOR's principal or a branch office for general administra. (ion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11 -4.4_ all of which are to be considered administrative costs covered by the CONTRACTOR'S Fee. 11.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. 11.53. Any part of CONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub. paragraph 1 1.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR. 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 deferrive Work, disposal of materials or equipment wrongly supplied and making good any damage to prop. erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 23 CONTRACTOR'S Fee: 11.6. The CONTRACTOR'S Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows 1 1.6.1. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: • 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR'S Fee shall be fifteen percent: 11.6.2.2, for costs incurred under paragraph 11.4.3, the CONTRACTOR'S Fee shall be Eve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5: 11.6.22.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC• TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in unv one change. the adjustment in CON- TRACTOR'S Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11_4 or 11.5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Casa Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site. and all applicable taxes: and 11.8.2. CONTRACTOR'S costs for unloading 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. No demand for additional payment on account of any thereof will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and the Contract Price shall be correspond• ingly adjusted. Unit Mee Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of U nit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in actor• dance with Paragraph 9.10. 11.9.2. 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 sep- arately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. ARTICLE I2— CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly t but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supposing data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to. acts or neglect by OWNER or others performing additional work as contemplated by Article 7. or to fires. floods. labor disputes. epidemics, abnormal weather conditions or acts of God. 24 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE I3— WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR .ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of all detects shall be given to CONTRAC- TOR. All defecti;e Work. whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. .4ecess to Work: 13.2. ENGINEER and ENGINEER's representatives. other representatrs es of OWNER. testing agencies and go, ernmental agencies ;' uh junsdictional interests w ill have access to the Work at reasonable times for their observation. inspecting and testing. CON TRACTOR shall provide proper and sate conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Wurk for all required inspections. tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work for pan thereof) to specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN - ER's or ENGINEER'S acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR'S purchase thereof for incorporation in the Work. The cost of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5. All inspections. tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER, it must. if requested by ENGI- NEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'S inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR'S obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8.. If any Work is covered contrary to the written request of ENGINEER, it must. if requested by ENGINEER. be uncovered for ENGINEER'S observation and replaced at CON TRACTOR 's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR, at ENGINEER'S request. shall uncov er. expose or otherwise make available for observation. Inspection or testing as ENGINEER may require. that portion of the Work in question, furnishing all necessary labor. matenal and equipment. If it is found that such Work is defective. CONTRACTOR shall bear all direct. indirect and consequential costs of such uncovering. expo- sure. observation, inspection and testing and of satisfactory reconstruction. (including but not limited to tees and charges of engineers. architects. attorney's and other professionals/. and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article I1. 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 Contract Time. or both. directly attributable to such uncovering, exposure. observation, inspection. testing and reconstruction: and. if the parties are unable to agree as to the amount or extent 25 thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles I 1 and 12. Owner Ma, Stop the Work: 13.10. If the Work is defective. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work, or any portion thereof. until the cause for such order has been eliminated: however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Wont: 13.11. If required by ENGINEER. CONTRACTOR shall Promptly. as directed. either correct all defective Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nondefectire Work. CONTRACTOR shall bear all direct. indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers. architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER'S written instructions. either correct such defective Work, or. if it has been rejected by OWNER. remove it from the site , and replace it with nondelecrire Work. 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 She defective Work cor- rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects. attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Wont: 13.13. If, instead of requiring correction or removal and replacement of detective Work. OWNER land. prior to ENGINEER'S recommendation of final payment. also ENGINEER) prefers to accept it. OWNER may do so. CON- TRACTOR shall bear all direct. indirect and consequential costs attributable to OWN ER's evaluation of and determi- nation w accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. architects. attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER'S recommendation of final payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. if CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site. take possession of all or part of the Work, and suspend CON- TRACTOR'S services related thereto. rake possession of CONTRACTOR'S tools. appliances. construction equipment and machinery at the site and incorporate 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 represen- tatives. agents and employees such access to the site as may • be necessary to enable OWN ER to exercise the rights and - remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, 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. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such direct. indirect and consequen- tial costs will include but not be limited to fees and charges of engineers. architects. attorneys and other professionals. all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's nghts and remedies hereunder. ARTICLE 14— PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation 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 Wurk 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. charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens ") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER', interest therein. all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 26 CONTRACTOR'S Warranty of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Li ' representation by ENGINEER to OWNER.based on ENGI- OWNER to a set-off against the amount recommended,but NEER's on-site observations of the Work in progress as an OWNER must give CONTRACTOR immediate written notice experienced and qualified design professional and on ENGI- (with a copy to ENGINEER)stating the reasons for such NEER's review of the Application for Payment and the action. accompanying data and schedules that the Work has pro- gressed to the point indicated;that.to the best of ENGI- ' NEER's knowledge. information and belief.the quality of SubsksoWConrPbdon: the Work is in accordance with the Contract Documents 14.8. When CONTRACTOR considers the entire Work (subject to an evaluation of the Work as a functioning whole ready for its intended use CONTRACTOR shall notify Prior to or upon Substantial Completion.to the results of any OWNER and ENGINEER in writing that the entire Work is ' subsequent tests called for in the Contract Documents.to a substantially complete(except for items specifically listed by, final determination of quantities and classifications for Unit CONTRACTOR as incomplete) and request that ENGI. Price Work under paragraph 9.10.and to any other qualifi- NEER issue a certificate of Substantial Completion.Within cations stated in the recommendationl:and that CONTRAC- a reasonable time thereafter,OWNER.CONTRACTOR and ' TOR is entitled to payment of the amount recommended. ENGINEER shall make an inspection of the Work to deter- However.by recommending any such payment ENGINEER mine the status of completion.If ENGINEER does not con- will not thereby be deemed to have represented that exhaus- sider the Work substantially complete,ENGINEER will notify ' live or continuous on-site inspections have been made to CONTRACTOR in writing giving the reasons therefor. If check the quality or the quantity of the Work beyond the ENGINEER considers the Work substantially complete. responsibilities specifically assigned to ENGINEER in the ENGINEER will prepareand deliver to OWNER a tentative Contract Documents or that there may not be other matters certificate of Substantial Completion which shall fix the date ' or issues between the parties that might entitle CONTRAC- of Substantial Completion.There shall be attached to the TOR to be paid additionally by OWNER or OWNER to certificate a tentative list of items to be completed or cor- withhold payment to CONTRACTOR. rected before final payment.OWNER shall have seven days ' after receipt of the tentative certificate during which to make 14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the will constitute an additional representation by ENGINEER certificate or attached list.If,after considering such objec- to OWNER that the conditions precedent to CONTRAC- tions.ENGINEER concludes that the Work is not substan- ' TOR's being entitled to final payment as set forth in paragraph tially complete.ENGINEER will within fourteen days after 14.13 have been fulfilled. submission of the tentative certificate to OWNER notify CONTRACTOR in writing.stating the reasons therefor.If. 14.7. ENGINEER may refuse to recommend the whole after consideration of OWNER's objections. ENGINEER ' or any part of any payment if.in ENGINEER's opinion,it considers the Work substantially complete.ENGINEER will would be incorrect to make such representations to OWN E R. within said fourteen days execute and deliver to OWNER ENGINEER may also refuse to recommend any such pay- and CONTRACTOR a definitive certificate of Substantial ment.or,because of subsequently discovered evidence or Completion(with a revised tentative list of items to be COM- the results of subsequent inspections or tests,millifyany such pletedorcorrected)reflecting such changes from the tentative payment previously recommended,to such extent as may be certificate as ENGINEER believes justified after consider- necessary in ENGINEER's opinion to protect OWNER from ation ofany objections from OWNER,At the time ofdelivery ' loss because: of the tentative certificate of Substantial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written 14.7.1. the Work is defecrive.or completed Work has recommendation as to division of responsibilities pending been damaged requiring correction or replacement. final payment between OWNER and CONTRACTOR with respect to security. operation. safety, maintenance, heat, 14.7.2. the Contract Price has been reduced by Writ- utilities, insurance and warranties. Unless OWNER and ten Amendment or Change Order, CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive ' 14.7.3. OWNER has been required to correct defec- certificate of Substantial Completion,ENGINEER's afore- rive Work or complete Work in accordance with paragraph said recommendation will be binding on OWNER and CON- 13.14,or TRACTOR until final payment. ' 14.7.4. of ENGINEER's actual knowledge of the 14.9. OWNER shall have the right to exclude CON- Occurrence of any of the events enumerated in paragraphs TRACTOR from the Work after the date of Substantial Com- 15.2.1 through 13.2.9 inclusive. pletion.but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- Pardo!Udfyd".. formattee or fittmishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished part of the Work. in connection with the Work or there are other items entitling which has specifically been identified in the Contract Docu- 27 ments.or which OWNER. ENGINEER and CONTRAC- 14.10.3. No occupancy or separate operation of part ' TOR agree constitutes a separately functioning and useable of the Work will be accomplished prior to compliance with part of the Work that can be used by OWNER without sig- the requirements of paragraph 5.15 in respect of property nificant interference with CONTRACfOR's performance of insurance. the remainder of the Work.may be accomplished prior to Substantial Completion of all the Work subject to the follow- Find lnspvctlon: ' ing: 14.11. Upon written notice from CONTRACTOR that the 14.10.1. OWNER at any time may request CON- entire Work or an agreed portion thereof is complete.ENG1- TRACTOR in writing to permit OWNER to use any such NEER will make a final inspection with OWNER and CON. , part of the Work which OWNER believes to be ready for TRACTOR and will notify CONTRACTOR in writing of all its intended use and substantially complete. If CON- particulars in which this inspection reveals that the Work is TRACTOR agrees.CONTRACTOR will certify to OWNER incomplete or defective.CONTRACTOR shall immediately and ENG1NEERthatsaid partoftheWorkissubstantially take such measures as are necessary to remedy such defi- t complete and request ENGINEER to issue a certificate of ciencies. Substantial Completion for that part of the Work.CON- TRACTOR at any time may notify OWNER and ENGI- ' NEERinwritingthatCONTRACTORconsidersanysuch Final Applicaaonfor paynuer: part of the Work ready for its intended use and substan• 14.1?. After CONTRACTOR has completed all such r- fially ate complete and request ENGINEER to issue a Work. rections to the satisfaction of ENGINEER and delivered all (tate of Substantial Completion for that part of the Work. ' Within areasonable time aftereithersuchrequest.OWN ER. maintenance and operating instructions.schedules.guaran• CONTRACTOR and ENGINEER shall make an inspec- tees, Bonds. certificates of inspection, marked-up record tion of that part of the Work to determine its status of documents(as provided in paragraph 6.19)and other docu- completion.If ENGINEER does not consider that part of ments—all as required by the Contract Documents.and after ' the Work to be substntiaily complete.ENGINEER will ENGINEER has indicated that the Work is acceptable(sub- notify OWNER and CONTRACTOR in writing giving he ject to the provisions of paragraph 14.16).CONTRACTOR reasons therefor.If ENGIN EER considers that part of the may make application for final payment following the pro- Work to be substantially complete.the provisions of para- cedure for progress payments.The final Application for Pay- graphs 14.8 and 14.9 will apply with respect to certification Pay- ment shall be accompanied by all documentation called for of Substantial Completion of that part of the Work and the in the Contract Documents.together with complete and legally division of responsibility in respect thereof and access effective releases or waivers(satisfactory to OWNER)of all thereto. Liens arising out of or filed in connection with the Work.In ' lieu thereof and as approved by OWNER.CONTRACTOR 14.10.2. OWNER may at any time request CON- may furnish receipts or releases in full:an affidavit of CON- TRACTOR in writing to permit OWNER to take over TRACTOR that the releases and receipts include all labor. ' operation of any such part of the Work although it is not services.material and equipment for which a Lien could be substantially complete. A copy of such request will be filed,and that all payrolls.material and equipment bills.and sent to ENGINEER and within a reasonable time there• other indebtedness connected with the Work for which after OWNER.CONTRACTOR and ENGINEER shall OWNER orOWNER's property might inany way berespon- ' make an inspection of that part of the Work to determine Bible.have been paid or otherwise satisfied:and consent of its status of completion and will prepare a list of the items the surety.if any,to final payment.If any Subcontractor or remaining to be completed or corrected thereon before Supplier fails to furnish a release or receipt in full.CON-ACTOR ' ng toaOWNER and NENGINE Rd thoesat s chlpart of he tory o OWNERto indemnect in wnt- TRACTOR may furnish a ify OWNER agaiond or other nst any L�n.teral 3c Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed Find Payment and Aceeptanee: ' or corrected and will deliver such list to OWNER and of CONTRACTOR together with a written recommendation 14.13. If.on therN and final inspection. and GINEER's as to the division of responsibilities pending final payment the Work during co stroction between OWNER and CONTRACTOR with respect to ENGINEER's review of the final Application for Payment ' .incur- and accompanying documentation—all as required by the security.operation.safety,maintenance.utilities ante,warranties and guarantees for that part of the Work Contract Documents.ENGINEER is satisfied that the Work CON- has been completed and CONTRACTOR's other obligations which will become binding upon OWNER and TRACTOR at the time when OWNER takes over such under the Contract Documents have been fulfilled.ENGI• ' will.within ten days after receipt the final operation(unless they shall have otherwise agreed in writ- NEER - n writing ENN ing and so informed ENGINEER).During such operation canon for Payment.indicate iGINEER'Ss rarcc- and prior to Substantial Completion of such part of the ommendation of payment aa Thereupon ENGINEERcation will give to Work.OWNER shall allow CONTRACTOR reasonable OWNER for payment. access to complete or correct items on said list and to Srieptablee ubjWNE hnD ONrTRACORthhattthhe 4o6 complete other related Work. 28 ' ' Otherwise.ENGINEER will return the Application to CON- CONTRACTOR's continuing obligations under the Con. TRACTOR.indicating in writing the reasons for refusing to tract Documents:and recommend final payment.in which case CONTRACTOR ' shall make the necessary corrections and resubmit the Appli- 14.16.2. a waiver of all claims by CONTRACTOR cation. Thirty days after presentation to OWNER of the a8alnstOWNERotherthanthoseprcviouslymadeinwnt- Application and accompanying documentation.in appropn- ing and still unsettled. ate form and substance.and with ENGINEER's recommen- ' dation and notice of acceptability.the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION ' 14.14. If,through no fault of CONTRACTOR.final com- pletion of the Work is significantly delayed and if ENGI- 0—may suspend Work: NEER so confirms.OWNER shall.upon receipt of CON- 15.1. OWNER may.at anytime and without cause.sus- ' TRACTOR's final Application for Payment and recommen. pend the Work or any portion thereof fora period of not more dation of ENGINEER.and without terminating the Agree- than ninety days by notice in writing to CONTRACTOR and ment.make payment of the balance due for that portion of ENGINEER which will fix the date on which Work will be the Work fully completed and accepted. If the remaining resumed.CONTRACTOR shall resume the Work on the date balance to be held by OWNER for Work not fully completed so fixed.CONTRACTOR shall be allowed an increase in the or corrected is less than the retainage stipulated in the Agree- Contract Price or an extension of the Contract Time.or both. ment.and if Bonds have been furnished as required in para- directly attributable to any suspension if CONTRACTOR ' graph 5.1.the written consent of the surety to the payment makes an approved claim therefor as provided in Articles I I of the balance due for that portion of the Work fully com- and 12. pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment.Such ' payment shall be made under the terms and conditions gov- ownerMay Terarfunw: erning final payment.except that it shall not constitute a 15.2. Upon the occurrence of any one or more of the waiver of claims. following events: ' Connector's Continuing obugown: 15.2.1. if CONTRACTOR commences a voluntary case under any cha 14.15. CONTRACTOR's obligation to perform and com- States Code),asrnow or of the Bankruptcy ereafter noeffect.l or li-United f CON- ' plete the Work in accordance with the Contract Documents TRACTOR takes any equivalent of similar action by filing shall be absolute.Neither recommendation of any progress a petition or otherwise under any other federal or state or final payment by ENGINEER.nor the issuanceof a cer- law in effect at such time relating to the bankruptcy or tificate of Substantial Completion. nor any payment by insolvency: ' OWN ER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by 15.2.2. if a petition is filed against CONTRACTOR OWNER.nor any act of acceptance by OWNER nor any under any chapter of the Bankruptcy Code as now or failure to do so. nor any review and approval of a Shop hereafter in effect at the time of filing.or if a petition is Drawing or sample submission.nor the issuance of a notice filed seeking any such equivalent or similar relief against ofacceptability by ENGINEER pursuant toparagraph 14.13. CONTRACTOR under any other federal or state law to nor any correction of defecin a Work by OWNER will con- effect at the time relating to bankruptcy or insolvency: suture an acceptance of Work not in accordance with the ' Contract Documents or a release of CONTRACTOR's obli- 15.2.1. ifCONTRACTOR makes a general assignment gation to perform the Work in accordance with the Contract for the benefit of creditors: Documents(except as provided in paragraph 14.161. ' 15.2.4. if a trustee. receiver.custodian or agent of Wairrr of claims: CONTRACTOR is appointed under applicable law or under contract.whose appointment or 14.16. The making and acceptance of final payment will of property of CONTRACTOR the pusy to take charge ' of constitute: h purpose se enforcing a Lien against such property or for the purpose of general administtion of 14.16.1. a waiver of all claims by OWNER against of CONTRACTOR'ss credi ouch property for the benefit CONTRACTOR. except claims arising from unsettled Liens.from defective Work appearing after final inspec- 15.2.5. if CONTRACTOR admits in writing an inabil- tion pursuant to paragraph 14.11 or from failure to comply ity to pay its debts generally as they become due; with the Contract Documents or the terms of any special ' guarantees specified therein:however.it will not consti- 15.2.6. tfCONTRACTOR persistentlytute a waiver by OWNER of any rights in respect of the Work in accordance with e Contract lsDocum nto ts 29 1 (including.but not limited to.failure to supply sufficient 15.3. Where CONTRACTOR's services have been so 1 skilled workers or suitable matenals or equipment or terminated by OWNER.the termination will not affect any failure to adhere to the progress schedule established under rights or remedies of OWNER against CONTRACTOR then paragraph 2.9 as revised from time to timer: existing or which may thereafter accrue.Any retention or payment of moneys due CONTRACTOR by OWNER will 15.2.7. if CONTRACTOR disregards Laws or Regu- not release CONTRACTOR from liability. lations of any public body having junsdiction: ' 15.4. Upon seven days'written notice to CONTRAC• 15.2.8. if CONTRACTOR disregards the authority of TOR and ENGINEER.OWNER may.without cause and ENGINEER:or without prejudice to any other right or remedy.elect to aban- don the Work and terminate the Agreement. In such case. 15.2.9. if CONTRACTOR otherwise violates in any CONTRACTOR shall be paid for all Work executed and any substantial way any provisions of the Contract Docu- expense sustained plus reasonable termination expenses.which mentst will include.but not be limited to.direct.indirect and con- ' sequential costs(including,but not limited to.fees and charges OWNER may.after giving CONTRACTOR(and the surety, of engineers.architects.attorneys and other professionals if there be one)seven days'written notice and to the extent and court and arbitration costs). permitted by Laws and Regulations.terminate the services , of CONTRACTOR.exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S Connbcror May Scop Wor4 w Terariaare: tools.appliances.construction equipment and machinery at 15.5. If.through no actor fault of CONTRACTOR.the the site and use the same to the full extent they could be used Work is suspended for a period of more than ninety days by , by CONTRACTOR Iwithoutliability toCONTRACTOR for OWNER or under an orderofcourt or other public authority. trespassorconversion).incorporate in the Work all materials or ENGINEER fails to act on any Application for Payment and equipment stored at the site or for which OWNER has within thirty days after it is submitted.or OWNER fails for ' paid CONTRACTOR but which are stored elsewhere.and thirty days to pay CONTRACTOR any sum finally deter- finish the Work as OWNER may deem expedient.In such mined to be due.then CONTRACTOR may. upon seven case CONTRACTOR shall not be entitled to receive any days'written notice to OWNER and ENGINEER,terminate further payment until the Work is finished. If the unpaid the Agreement and recover from OWNER payment for all balance of the Contract Price exceeds the direct.indirect and Work executed and any expense sustained plus reasonable consequential costs of completing the Work tincluding but termination expenses.In addition and in lieu of terminating not limited to fees and charges of engineers.architects.attor- the Agreement.if ENGINEER has failed to act on an Appli- neys and other professionals and court and arbitration costs) cation for Payment or OWNER has failed to make any pay- ' such excess will be paid to CONTRACTOR. If such costs ment as aforesaid.CONTRACTOR may upon seven days exceed such unpaid balance.CONTRACTOR shall pay the written notice to OWNER and ENGINEER stop the Work difference to OWNER.Such costs incurred by OWNER will until payment of all amounts then due.The provisions of this be approved as to reasonableness by ENGINEER and incor- paragraph shall not relieve CONTRACTORofthe obligations , porated in a Change Order.but when exercising any rights under paragraph 6.29 to carry on the Work in accordance orremediesunderthisparagraph OWN ERshad not berequired with the progress schedule and without delay during disputes to obtain the lowest price for the Work performed. and disagreements with OWNER. ' 1 1 [The remainder of this page was left blank intentionally.J ' 1 30 ' 1 1 ARTICLE 16—ARBITRATION American Arbitration Association.and a copy will be sent to ENGINEER for information.The demand for arbitration will 16.1. All claims.disputes and other matters in question be made within the thirty-day or ten-day period specified in ' between OWNER and CONTRACTOR arising out of.or Paragraph 16.2 as applicable.and in all other cases within a relating to the Contract Documents or the breach thereof reasonable time after the claim,dispute or other matter in (except for claims which have been waived by the making or question has arisen.and in no event shall any such demand acceptance of final payment as provided by paragraph 14.16) be made after the date when institution of legal or equitable ' will be decided by arbitration in accordance with the Con- proceedings based on such claim.dispute or other matter in struction Industry Arbitration Rules of the American Arbi- question would be barred by the applicable statute of limt- tration Association then obtaining subject to the limitations tations. of this Article 16.This agreement so to arbitrate and any tother agreement or consent to arbitrate entered into in actor- 16.4. No arbitration arising out of or relating to the Con- dance herewith as provided in this Article 16 will be specifi- tract Documents shall include by consolidation.joinder or in cally enforceable under the prevailing law ofany court having any other manner any other person or entity (including ' jurisdiction. ENGINEER.ENGINEER's agents.employees or consul- 16.2. No demand for arbitration of any claim,dispute or tants)who is not a party to this contract unless: other matter that is required to be referred to ENGINEER t initially for decision in accordance with paragraph 9.11 will 16.4.1. the inclusion of such other person or entity is be made until the earlier of(a)the date on which ENGINEER necessary if complete relief is to be afforded among those has rendered a decision or tbl the tenth day after the parties who are already parties to the arbitration, have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that 16.4.2. such other Person or entity is �ubstaniially rc date.No demand for arbitration of any such claim.dispute involved in a question of law or fact which is common to or other matter will be made later than thirty days after the those who aalready parties to the arbitration and which date on which ENGINEER has rendered a written decision will arise in such proceedings.and in respect thereof in accordance with paragraph 9.11:and the failure to demand arbitration within said thirty days'period shall result in ENGINEER's decision being final and binding 16.4.3. the written consent of the other person or entity ' upon OWNER and CONTRACTOR.If ENGINEER renders sought to be included and of OWNER and CONTRAC- a decision after arbitration proceedings have been initiated. TOR has been obtained for such inclusion.which consent such decision may be entered as evidence but will not supersede shall make specific reference to this paragraph:but no the arbitration proceedings. except where the decision is such consent shall constitute consent to arbitration of any acceptable to the parties concerned.No demand for arbitra- dispute not specifically described.in such consent or to tion of any written decision of ENGINEER rendered in arbitration with any party not specifically identified in such accordance with paragraph 9.10 will be made later than ten consent. ' days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 16.5. The award rendered by the arbitrators will be final. 9.10. judgment may be entered upon it in any court having juns- diction thereof.and will not be subject to modification or 1 16.3. Notice of the demand for arbitration will be filed in '' appeal except to the extent permitted by Sections 10 and I I writing with the other party to the Agreement and with the of the Federal Arbitration Act 19 U.S.C.4010.11). 1 [The remainder of this page was left blank intentionally. 31 ARTICLE 17—MISCELLA14EOUS sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party GivirgNodee: is legally liable.claim will be made in writing to the other ne ' 17.I. Whenever any provision of the Contract Docu- party within a reasonable time of the first observance of such mens requires the giving of written notice.it will be deemed injury or damage.The provisions of this paragraph 17.3 shall to have been validly given if delivered in person to the indi- not be construed as a substitute for or a waiver of the pro- vidual or to a member of the firth or to an officer of the visions of any applicable statute of limitations or repose. , corporation for whom it is intended.or if delivered at or sent by registered or certified mail.postage prepaid.to the last 17.4. The duties and obligations imposed by these Gen- business address known to the giver of the notice. eral Conditions and the rights and remedies available here- ' under to the parties hereto.and.in particular but without Compmadoe of Time: limitation.the warranties.guarantees and obligations imposed 17.2.1. When any period of time is referred to in the upon CONTRACTOR by paragraphs 6.30.13.1,13.1_1.13.14. ' Contract Documents by days.it will be computed to exclude 14.3 and 15.2 and all of the rights and remedies available[o the first and include the last day of such period.If the last OWNER and ENGINEER thereunder.are in addition to. day of any such period falls on a Saturday or Sunday or and are not to be construed in any way as a limitation of.any on a day made a legal holiday by the law of the applicable rights and remedies available to any or all of[hemwhich are 1 jurisdiction.such day will be omitted from the computa- otherwise imposed or available by Laws or Regulations,by tion. special warranty or guarantee or by other provisions of the Contract Documents.and the provisions of this paragraph 17.2.2. .A calendar day of twenty-four hours measured will be as effective as if repeated specifically in the Contract ' from midnight to the next midnight shall constitute a day. Documents in connection with each particular duty.obliga- tion.right and remedy to which they apply.All representa- Generaf' tions.warranties and guarantees made in the Contract Doc- 17.3, Should OWNER or CONTRACTOR suffer injury uments will survive final payment and termination or com- ' or damage to person or property because of any error,omis- pletion of the Agreement. t 1 33 ' DUA-1190-5&D ' SPECIAL CONDITIONS OF THE AGREEMENT ' In all cases of "Special Conditions of the Agreement" conflict with the "General Conditions of the Agreement", these special conditions will govern. 1 DEFINITION OF TERMS This item shall be as set out in the "General Conditions of the Agreement" except that the term "Engineer" is understood to mean the Engineer for the Owner, and/or the City of Round Rock, which provides resident inspection of the work to be completed under ' this contract, as applicable. ' LIQUIDATED DAMAGES FOR DELAY The Owner may withhold permanently from the Contractor's total compensation for the ' work under this Contract, the sum of Five Hundred Dollars ($500.00) per day for every calendar day beyond the specified number o'POM per agreed upon for the comp etion of the work herein specified and contracted for. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to: (a) Any preferency, priority, or allocation order duly issued by the Government; (b) Unforeseeable cause beyond the control and without the fault or negligence of ' the Contractor, including, but not restricted to, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and severe weather; ' (c) Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. TIME AND ORDER OF COMPLETION This item shall be as set out in the "General Conditions of the Agreement", except as follows: The Contractor further agrees that he will commence work within ten (10) calendar days t of date written notice to do so shall have been given to the Contractor, and will progress therewith so that the work shall be completed within 60 calendar days after the date of the written notice to commence work. By the term "completed" is meant that all the work included in this contract is finished, has been approved by the Engineer, and has been accepted, by written letter, for maintenance by the City of Round Rock. RRSCA-1 DUA-1790-5&D , MEASUREMENT AND PAYMENT ' Partial Payment: ' This item of the "General Conditions of the Agreement" is to read as follows: The Contractor shall prepare and deliver to the Engineer a statement showing as , completely as practicable the total value of the work done by the Contractor up to the time payment requests are due to the Engineer. The statement shall not include the value of any materials delivered to the site unless such a request is granted by ' the Owner in writing prior to submitting a statement. Request for payment delivered to the Engineer by the 25th of the month shall be paid ' by the 20th of the next month. The Owner shall pay the Contractor the total. amount of the Contractor's statement less ten percent (10%) of the amount thereof, which ten percent (10%) shall be retained until final payment, and further less all previous payments, and further less all further sums that may be retained by the Owner under the terms of the Agreement. ' Contractor shall attach a legally notarized "Affidavit of Account" form to each pay request submitted. Copies of this affidavit are available upon request from the Engineer. Partial payments made by the Owner to the Contractor are monies advanced solely for the purpose of assisting the Contractor to expedite the progress of the construction ' and in no way constitute acceptance or approval of any work. All completed work covered by such partial payment shall remain the property of the Contractor and he shall be responsible for the care and protection of all materials and work upon ' which the payments have been made. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and in place, and to the satisfaction of the Owner in all details. Final Payment: This item of the "General Conditions of the Agreement" is to read as follows: Final Payment, less any previous payments made to the Contractor, and less any penalties, will be made when all work covered under this Contract is complete, has been approved by the Engineer, has been accepted in writing by the City of Round Rock, and the Contractor has submitted to the Engineer proof of payment of all materials , used on this project. PERMITS ' The Contractor for this project shall be responsible for obtaining all construction permits required to complete the construction of that portion of the project covered ' by this contract. i RRSCA-2 ' ' DUA-1790-S&D ' EXISTING UTILITIES The locations of existing utilities shown on the plans are approximate, only. ' Failure of an existing utility to be shown on the plans does not release the Contractor from all liability incurred due to damage or disruption of service. CONSTRUCTION STAKING Unless specified elsewhere, the cut sheets will be provided by the Owner. Construction staking will be paid by the Owner to the Engineer. The Contractor shall provide the ' Engineer a minimum of forty-eight (48) hours notice for construction staking. Four copies of cut sheets and one copy of field book shall be issued to the Public Works ' Department. PROTECTION OF STAKES, MARKS, ETC.: All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Engineer at the Contractor's expense before the Contractor's estimates on the work complete will be cleared for payment. PROTECTION OF PROPERTY AND RIGHT-OF-WAY The Contractor shall work diligently and continuously in regard to the existing typographic features of the adjacent properties. Care shall be taken so that destruction of private property shall be minimal if at all. All existing topographic features destroyed or disrupted by the Contractor which are not covered by specific bid items shall be replace at the Contractor's expense. ' CONTINUANCE OF THE COURSE OF THE WORK UNDER THIS CONTRACT The Contractor hereby agrees that he shall work diligently and continuously toward the 1 completion of this contract and shall not remove the labor force or equipment required for this project site to work on any other project until all the work included in the contract is complete and accepted in writing by the City of Round Rock. POSSIBLE CHANGES BY THE CITY OF ROUND ROCK 1 The City of Round Rock may require certain changes, deletions, or additions, not now known to Owner or the City of Round Rock during the construction of this project. Before the City will accept the final construction of this project, the Contractor shall comply with these changes under the terms of this contract; compensation for such work shall be in accordance with unit bid items for similar work of this contract, or be negotiated price on lump sum items and items not covered by the Proposal. All changes, deletions, or additions required by the City shall be promptly brought to the attention of the Engineer for the Owner and approval of said Engineer shall be obtained by the Contractor prior to commencing work on any such changes; otherwise, Owner shall not be obligated to pay for such work. ' RRSCA-3 DUA-1790-5&D ' SUBLETTING OF CONTRACT , The Contractor on this project shall not sublet the work to be done under this contract or any portion thereof without the expressed written consent of the Owner. ' The Contract shall submit to the Owner a list of all subcontractors to be used on this project prior to commencing work. Should the Owner find any of the proposed subcontractors to be objectionable, the Contractor and the Owner shall arrive at a ' mutally agreeable substitute prior to commencing work. The subletting of any portion of the work shall not release the Contractor from his obligations regarding that portion of the work and shall be considered to have done the work. ' MAINTENANCE BOND Per City of Round Rock Ordinance, a two-year (2) maintenance bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the P.I. of the subgrade is above 25. All other construction will require only a one (1) year maintenance bond in accordance with City specifications. EXCAVATION All excavation shall be unclassified. All excess excavation shall be disposed of as directed by the Owner or his Engineer. ' Any excess excavation which is not disposed of on the site shall become the property of the Contractor, who shall then be responsible for the disposal of said excavation. , INSPECTION This project will be subject to periodic inspection by Dippel, Ulmann & Associates, Inc. and full-time inspection by the City of Round Rock to confirm that the construction practices and materials are in compliance with the City standards of construction and specifications. ' CONTRACT CHANGES The Contractor shall not make any changes to the Contract Quantities without written ' authorization from the Owner. Any field changes in quantities, type of materials to be used or any item not covered under the signed contract must be submitted to the Owner for approval. Any change from the original Contract, not approved in writing by ' the Owner, installed by the Contractor in the field will be done at his expense. If engineering review of the unauthorized field change proves to be in error, then the Contractor shall remove said field change at his expense. CROSSING UTILITIES Every attempt has been made to locate existing utility lines. However, prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular ' utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense; however, where such is not the case, the Contractor will cause such work to be done at his own expense. ' RRSCA-4 ' ' DUA-1190-S&D ' "AS-BUILT" DRAWINGS The contractor shall mark all changes and revisions on all of his copies of the ' working drawings. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall deliver this correctly marked set of drawings to the Engineer. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES ' Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who, without delay will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where it is necessary to move services, poles, guy wires, pipelines, or other obstructions, the Contractor shall make arrangements with owners of utilities for such adjustments. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. COORDINATION WITH UTILITY COMPANIES The Contractor shall be responsible for contacting the appropriate utility company when working in the vicinity of its facilities to ensure safety and guard against damage. The following are names and phone numbers for the various companies: 1. Lone Star Gas - Transmission Lines: (512) 244-3652 Kenneth Brown ' - Distribution Lines: (512) 244-3652 Duanne Finn ' 2. Southwestern Bell Telephone: (512) 870-5202 Bob Starke 3. Texas Power & Light Company: (512) 255-3666 Wayne Tucker 4. City of Round Rock (water & sewer): (512) 255-3612 John Justice, Chief Inspector Jim Nuse, Director of Public Works 5. Round Rock Cable TV (512) 255-1185 Frank Fontana LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bid. Any question arising as to the limits of work shall be left to the interpretation of the Engineer. ' RRSCA-5 DUA-1790-S&D , COPIES OF PLANS AND SPECIFICATIONS , The Agreement will be prepared in not less than seven (7) counterpart (original signed) sets. Owner will furnish Contractor three (3) sets of conforming Contract ' Documents, Technical Specifications, and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. ' UTILITY SERVICES FOR CONSTRUCTION AND TESTING The Contractor will be responsible for providing his own utility services during construction and testing. No additional payment will be made for utility services required for construction and testing. BLASTING No Blasting will be allowed on this project. , 1 1 RRSCA-6 ' SUBSURFACE INVESTIGATION ' AND STREET DESIGN j 1 FOR SUNSET DRIVE ' ROUND ROCK, TEXAS ' Report for: PRE-TEST LABORATORY P.O. BOX 1014 ' GEORGETOWN, TEXAS 78626 File No. 2-3787 11 March 1987 JACK H.HOLT Ph.D.k ASSOCIATES INC. F.a aox 3M.A!WM.TZ 1 TABLE OF CONTENTS 1 Page 1 INTRODUCTION ......................................... 1 SCOPE ................................................ 1 , SITE DESCRIPTION ..................................... 2 SUBSURFACE DESCRIPTION ............................... 2 ' GROUNDWATER .......................................... 3 PAVEMENT DESIGN ...................................... 3 PAVEMENT DESIGN SECTION .............................. 4 1 PAVEMENT CONSTRUCTION SPECIFICATIONS ................. 4 REMARKS .............................................. 5 SUMMARY OF LABORATORY TEST RESULTS GENERALIZED BORING LOCATION PLAN , SOIL BORING LOGS (4) 1 1 1 JACK H.HOLT Ph.D.!ASSOCIATES INC. 1 P.o.Boz am.Auertx.a 1 SUBSURFACE INVESTIGATION AND 1 STREET DESIGN FOR ' SUNSET DRIVE ROUND ROCK, TEXAS i i ' INTRODUCTION ' An exploration of subsurface soil conditions for the existing Sunset Drive located in Round Rock, was authorized by Mr. Bob Truitt of Pre-Test iLaboratory on 13 February 1987. The purpose of this exploration was to determine subsurface materials and to establish criteria for pavement ' design. ' SCOPE: iThe following were performed in conjunction with this report: A. The laying out, drilling and logging of four (4) soil borings to a ' depth of six (6) feet each below existing grade. Borings were laid out on 500 foot intervals. ' B. Samples were taken where possible. Undisturbed samples were taken ' I SACH H.HOLT MD.A ASSOCIATES INC. !.0.BOX"".AUS YN.TZ 1 using a Shelby Tube Sampler. Standard penetration tests were per- formed using a 2 inch O.D. Split-Barrel Sampler driven by a 140 ' pound hammer dropping a distance of thirty (30) inches. The number ' of blows to drive the sampler a distance of twelve (12) inches is recorded and shown on the attached Boring Logs. Grab samples were also taken off the auger flights. C. Water level measurements were made during the drilling operations , and are noted on the Baring Logs. ' D. Laboratory tests were performed on selected samples to determine moisture content, shear strength and percentage of fine and coarse grain materials. The results of the tests aided in the classifica- tion of soils and defined the specific properties of the soil. t SITE DESCRIPTION: , The existing street Sunset Drive is located in Round Rock, Texas and runs from U.S. Highway 81 West to the IH-35 Frontage Road. The street consists of an approximate 50 foot R.O.W. in a residential neighborhood. , Some commercial buildings exist at the west end of the street. Drainage ' along each side of the street is poor and the terrain is relatively flat. The street appears to have been patched numerous times and the asphalt ' surface is cracked and uneven. SUBSURFACE DESCRIPTION: The subsurface conditions are depicted in more detail by the Logs of ' Soil Borings. In general, the subsurface conditions found in Our borings , below the existing asphalt and base material consist of brown silty clay overlying a formation of tan silt or limestone rock. The clay soils extend , 2 , JACK H.HOLT Ph.D.A ASSOCIATES INC. ' F.a aoz m9.AUMN,a 1 to a depth of three (3) to five (5) feet below the existing grade. The tan ' silts are low in plasticity and the brown silty clays range in plasticity from 24 to 27. Liquid Limits of the clays vary from 52% to 54%. ' The soil conditions described are based on a few widespread soil bor- ings over a relatively large area. Variations may occur between the borings. The stratification of the soils shown on the Boring Logs represents the soil ' conditions at the actual boring locations. ' GROUNDWATER: ' The borings were dry upon completion of the drilling operation, indi- cating that the groundwater level at the time of exploration was probably ' more than six (6) feet below the existing ground surface. ' PAVEMENT DESIGN: The results of the Unit Dry Weight Tests, Moisture Content Tests, and 1 Atterberg Limits Tests were compared with the results of similar tests that were performed in connection with Texas Highway Department triaxial compres- sion tests in the past in order to select the typical maximum THD triaxial compression classification for the subgrade materials in the area. Based on this comparison and on past experience, the following THD triaxial classi- fication was selected. ' Subgrade Material THO Classification Brown silty clay 5.2 ' The pavement thickness for this subgrade material and for typical street width of 50 foot R.O.W. to be classified as minor residential was ' determined using THD Classification of soils and pavement design curves for ' residential traffic. These thicknesses are tabulated below. 3 ' JACK H.HOLT MD.6 ASSOCIATES INC. P.O.aoz U".AUSM.Ts PAVEMENT DESIGN SECTION: Materials Thickness , Crushed Limestone Base Material 10 inches ' Hot Mix Asphaltic Concrete 1-1/2 inches PAVEMENT CONSTRUCTION SPECIFICATIONS: Pavement should be constructed and tested to meet the following re- quirements: ' 1. Hot Mix Asphaltic Concrete Surface - All materials shall be subject to the approval of the engineer when tested in accordance with the ' specifications and test methods outlined in THD Bulletin C-14. 2. Crushed Limestone Base - The crushed limestone base shall be , obtained from an approved source and shall be free of all deleteri- ous materials. Existing base may be re-used only after approval from the testing laboratory. The crushed stone base shall be compacted to , a density to at least 100% of the maximum density as determined by THD Test Method TEX-113-E. , 3. Compacted Subgrade - Remove the existing base and stockpile for ' re-use as necessary. The exposed subgrade should be prepared by removing all organic material and soft clays and compacted to a density equal to at least 95% of the maximum dry density as deter- mined in accordance with THD Test Method TEX-113-E. If the material ' is primarily clay, compaction of a least 90% of maximum dry density ' and above the optimum moisture is considered appropriate. 4. Compacted Embankments - Street embankments shall be graded and , shaped for good drainage and shall be compacted to a density equal 4 JACI S HOLT Ph.D.&ASSOCIATES INC. , P.a saz am.Aurm.a 1 � to at least 95% of the maximum dry density as determined in accord- ance with THD Test Method TEX-113-E unless the material is substan- tially clay in which event 90% is appropriate. 1 5. Drainage - The street shall be crowned for rapid run-off. The base material should extend at least eighteen (18) inches behind the curb line where possible. 1 1 REMARKS: 1 This report has been prepared in order to aid in the evaluation of this property and to assist the architect and engineer in the design of the proj- ect. It is intended for use with regard to specific projects discussed in general herein and any substantial changes in locations or grades should be 1 brought to our attention so that we may determine how this may effect our 1 conclusions. If during the proposed construction, the soil strata are found to differ from that reported here, we should be notified immediately. This ' report contains soil boring logs which are used in arriving at foundation criteria and are not to be used by the excavation contractor in arriving at rock hardness or rack depth. The procedures, tests and recommendations of 1 this investigation and report have been conducted and furnished in accord- ance with generally accepted professional engineering practices in the field 1 of foundation, engineering soil mechanics and engineering geology. No other warranty is either expressed or implied. 1 ack H. Hdl Ph.D., P.E� 'r5+ 1 IAcK HA$T0h HOL a W, 10NAL 5 1 JACK H.HOLT Ph.D.R ASSOCIATES INC. s.0.Boz svn.AUSTIN.Ti LABORATORY TEST COMPRESSION TEST W PROJECT SUNSET DRIVE, ROUND ROCK, TEXAS o a JOB NO 2-3787 DATE: 10 March 1967 _ _ _ OTHERTESTS •ORx1G O[I1N SAY II[ T1'f[ Of YLi[R11L MOISTURE OIIT •i T[u0[NO lYfiS `f W Percent ., g NO. IN f[[i NO. CONTENT O[Nl1TT ; Passing x I LL �L1200 Sieve B-1 3.0 -- Brown silty clay 29.7 110 52 28 24 2.2 -- -- -- 77 B-2 3.0 -- Brown silty clay 30.4 112 54 27 27 2.9 -- -- -- 68 B-4 3.5 -- Tan silt 31.6 111 29 17 12 3.1 -- -- -- 81 _l I H H H C O 'yV � [M*1 w tT tn O i CO OB-1 SUNSET OB-2 DRIVE OB-3 B-4 0 M b I Generalized Boring Location Plan 6��) Sunset Drive Round Rock, Texas i 1 Log of Boring For ,Sunset Drive Date: 16 February 1987 sunset Dr. & Vista Project Location: Pound Rock, Texas Boring NO.B-1 UNC.C3Mp. 0 SOIL OESCRIPTION SAMPLE 14 SOIL STRENG. MOI.S-JRE T ' •'e SURFACE SUPE PER FOO TI Asphalt Crushed limestone base __Brown silty clay w/small rock S.T. 2.2 29.7 5 � \ Becoming light brown , Terminated at 6.0 feet ' 1 1 1 1 1 1 TYPE OF SAMPLE REMARKS: GROUND NATER OBSERVATIONS ' 0, - DISTURBEHELBY D Hole dcompletion of S.T. - STdry upon UBE drilling operation. G.N. ENCOUNTERED FT. S.S. SPLIT SPOON G.N. AFTER COMPLETION FT. q C. RENEOCK CORE .7 G.N. AFTER NRS. FT. ' ( - PTROMETER JACK H.HOLT Ph.D.&ASSOCIATES INC. r0 Mex 3979 AY4TIN, TEXAS P' , N. 447.9164 ' Log of Boring ' For Sunset Drive Date: 16 February 1987 ' Project Location: Rcuna Rock, Texas Boring No. B-2 SOIL DESCRIPTION UNC.CITP. $AMPLE N-BLOWS STRENG.. H0157JR TYPE PER FOOT ' SURFACE Asphalt A sphalt I� Crushed limestone base _.Pro— si ty clay w ine gravel S.T. 2.9 30.4 ' 5 _Becoming light brown (stiff) I ' Terminated at 6.0 feet 1 1 1 1 ' TYPE OF SAMPLE REMARKS: TG.ROUNO NATER OBSERVATIONS D. - DISTURBED Hole dry upon Completion OfS.T. - SHELBY TUBE drilling operation. ENCOUNTERED AT FT. S.S. - SPLIT SPOON AFTER COMPLETION FT.ROCKCORE AFTER HRS. FT. 1 - PENETROMETER JACK H.HOLT Ph.D.&ASSOCIATES INC. ' PO AOR 1979 •USTIN. TK3L^X Log of Boring For ' Sunset Drive Date: 16 February 1987 Sunset Dr. & Summit Project Location: Round Rock, Texas - Boring No. B-3 ' UNC.COMP. SOIL DESCRIPTION SAMPLE N-SLOWS STRENGTH MOISTJR TYPE PER FOOT Z , SURFACE 1;i" Asphalt `t• \Crushed limestone base Brown silty clay w/small rock , 5 Tan silt w layers of small rock (medium hard) Terminated at 6.0 feet ' 1 1 TYPE OF SAMPLE REMARKS: GROUND MATER OBSERVATIONS , D. DISTURBED Hole dry upon completion of S.T. ' SHELBY TUBE drilling operation. G.M. ENCOUNTERED AT FT. S.S. SPLIT SPOON G.M. AFTER COMPLETION FT. , q C. ROCK CORE G.M. AFTER MRS. FT. ( ) - PENETROMETER JACK H.HOLT Ph.D.a<ASSOCIATES LNG ' r0 �Olc 3979 AUSTIN. TZXAS PM- •*7•B16i 1 Log of Boring ' For Sunset Drive Date: 16 February 1987 ' Project Location: Found Rock, Texas Boring No. B-4 'IN, COMP, SOIL DESCRIPTION SAMPLE N-BLOwS ST1166TH MOISTURE SURFACE ' TYPE PER F00T = 1�" Asphalt 1\f\Crushed limestone base Brown silty clay' w S.T. 3.1 31.6 Tan silt w/layers of small rock (stiff) ' Terminated at 6.0 feet 1 1 1 1 1 ' TYPE OF SAMPLE REMARKS: GROUND NATER OBSERVATIONS D. - DISTURBED Hole dry upon completion of S.T. - SNELBY TUBE drilling operation. G.M. ENCOUNTERED AT FT. S.S. - SPLIT SPOON G.N. AFTER COMPLETION FT. ' q C. - ROCK CORE G.it. AFTER NRS. FT. ( ) - PENETROMETER JACK K HOLT PhZ. ASSOCIATES INC ' r0 91OX 3979 AuiTIN. TZKAS rM. 447-8144 ' DUA-1790-5&D ' TECHNICAL SPECIFICATION NOTICE ' The current City of Austin Technical Construction Specifications for Public Works and Water and Wastewater Construction and the City of Austin Drainage Criteria Manual are incorporated into this project by reference and they shall be applied to this project except as modified in these specifications and on the plans. Wherever the term "City of Austin" is used in the Austin specifications, it shall be construed to mean the City of Round Rock. ' The materials and construction methods used to construct this Project shall conform to the current Technical Specifications for Public Works and Water and Wastewater ' Construction of the City OT Austin and al modifications noted herein and on the plans. These specifications will be included as part of the Contract for this work. Each prospective bidder should be familiar with all the provisions of these specifications which are enclosed in this Contract. ' These Technical Specifications are on file in the office of the Engineer and may be inspected at the request of each prospective bidder. ' MODIFICATIONS: STREET, DRAINAGE AND UTILITY CONSTRUCTION 1. Subgrade density tests are required prior to depositing base material. 2. Base density and thickness tests are required prior to application of prime coat. ' 3. All testing shall be made by an independent laboratory at the Owner's expense. An authorized representative of the Owner shall be present when such tests are made. The number of individual tests required shall be determined by the City ' Engineer or his authorized representative. All retests shall be made at the contractors expense. 4. Pavement surface shall be Type "D" hot-mix, hot-lay asphaltic concrete with a minimum asphalt content of 5%. 5. Backfill behind curbs shall be compacted to obtain a minimum of 95% of maximum ' density. Material used for curb backfill shall be primarily granular (clay material with P.I. greater than 35 are prohibited) and free from stones larger than 11" in their greatest dimension. A 3" layer of sandy loam topsoil shall be ' placed on the backfill up to finish grade. 6. Water mains shall be PVC; Ductile Iron, cement lined Class 50; or asbestos cement pipe, Class 200. The type, size, and class of pipe shall be shown on plans. t7. PVC Pipe used for water mains shall conform to AWWA C-900. ' 8. Gate valves shall be Mueller Iron-body gate valve with ends as shown on plans. 9. Water line service material shall be Type "K" copper tubing or 250 PSI ' polybutylene. 10. Density of backfill for utility trenches under pavement shall be tested, by an independent laboratory. The first test will be paid for by the Owner, and an ' authorized representative of the Owner shall be present when such tests are made. All retests shall be paid for by the Contractor. ' Specifications -1- DUA-1790-S&D , 11. All testing of pipe shall be done under the supervision of the City, and the ' Contractor shall perform such tests as required and furnish all equipment and material for same in accordance with Item 10 above. 12. Sterilization of mains shall be done under the supervision of the City and the ' Contractor shall perform such sterilization and furnish all material and equipment for same. The City will be responsible for bacteriological tests. ' 13. Wastewater pipe shall be PVC SDR 35. 14. The type and size of pipe shall be shown on the plans. ' 15. The type of manhole shall be shown on the plans. All references to payment for work contained in the Technical Specifications for ' Public Works and Water and Wastewater Projects for which there is not a corresponding pay item in the Proposal, as included in this Contract, will be considered as ' incidental to other items of the Contract, and no separate payment will be made. 1 1 1 1 Specifications -2- ' ' DUA-1790-S&D 1 PLANS ' NOTICE The plans for the work, covered by this contract are under separate cover, but they are considered as attached and are a part of this contract. Also, the City of Round Rock Standard Details for Installation of Water and Wastewater, and for Public Works Construction, ' including all appurtenances, and all other details referred to in the Contract Documents are considered to be part of the Plans and are a part of this contract. 1 1 1 1 1 1 KO 36 19 96 5 THE ANERICAN INSTITUTE OF ARCHITECTS Is AIA Documem A311 Performance Bond KNOW ALL NEN BY THESE PRESENTS:that J.C. Evans Excavation Co., Inc. J�In—r— W N— wparac.e M P.O. Box 9647 Austin, Texas 78766 as Principal,hereinafter called Contractor,and,Pacific Employers Insurance Company,1600 Arch Street, Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of California as Sure- ty,hereinafter card Surety,are held and firmly bound unto 04--+"w er—,.a w..a 4w vek a o—.1 1985 G.O.B. Program The City of Round Pock a5 hereinafter ,Caked Owrher,in the amours of 214 E. Main St., Pound Rock, Texas 78664 Eighty Four Thoiukvo Nine Hundred Ninty- Four and 33/100--------- ------------- Dollars($ 84,994.33 ), for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,fNT*by these presents. WFEREAS, Contractor has by written agreement dated June 12,1987 ,entered into a contract with Owner for Sunset Drive Street and Drainage Irrprovenents in accordance with Drawings and Specifications prepared by Dippel, Ulmann 6 Associates, Inc. 2499 Capital of Texas Hwy., Suite 204 which contract is by reference made a part hereof,and is tnar6r re�errsed 7681slke Contract. AIA DOCUMENT A311-PERFORMANCE BOND-FEBRUARY 1970 ED. BS-1246 Ptd—U.S.A. 1 • n NOW,THEREFORE,THE COITION OF THIS ON IGATION is such that,if Contractor shah promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shat remain in full force and effect. The Surety hereby waives notice of any alteration or ulefaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph)sufficient funds to pay the Whenever Contractor shat be, and declared by coat of the balance of the contract Owner to be in default under the Contract,the OwTher �; but not exceeding, including other costs and having performed Owner's obligations thereunder,the �"a�for et forwfwh the Suretyhfirst may be raphe hereunder, the amount set forth in the first paragraph hereof.The Suety may promptly remedy the default, or shat term"balance of the contract price,"as used in this prosy paragraph, shat mean the total amount payable by 1)Complete the Contract in accordance with its terns Owner to Contractor under the Contract and any and conditions,or thereto,less the amount properly paid by Owner to Contractor. 2)Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terns and c and upon the expiration of two z determination by Surety of the lowest responsn'ble bid1 )Yew from the date on which der,or,if the Owner elects,upon determination by the final payment under the Contract Pais due. Owner and the Surety jointly of the lowest responsible No right of action shat accrue on this bond to or for bidder,arrange for a contract between such bidder and the use of any person or corporation other than the Owner,and make available as Work progresses(even Owner named hereon or the heirs, executors, aid- though there should be a default or a succession of ministratos or successors of the owner. Signed and sealed this 17th day of Jtute 1987 J C Evans tau vis ;rn n Tre f(f � (P (seal) J/ ( PACIM EMPLOYERS Pd&RANCE COMPANY (—ty) (Seaq Perri a k A nh^na�r h n Far+ Rite AU DONMFNT A311•;PERFORMANCE BOND•FEBRUARY 1970 ED. KO 36 19 96 5 THE VOIERICAN INSTITUTE OF ARCHITECTS #1 AIA Document A371 Labor and Material Payment Bond THIS BOND IS ISSUED 9MULTANEOUSLY WrtH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDmONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS,that J.C. Evans Excavation Co., Inc. (Hmb�hiawnsaMa"wwh*d*kdC,Wb ) P.O. Boot 9647 Austin, Texas 78766 as Principal,hereinafter caked Prim,and Pacific Employers Insurance Company, 1600 Arch Street, Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of California as Sure- ty,hereinafter caked Surety,are held and firmly bound unto (we`wwwrr wwwarmrew«Ery we do�) 1985-G.O.B. Program The City ofound Rock as Obligee,hereinafter caked Owner,for the use and bene I o W.M.dafmas4def(ned,in the amount of Eighty Four Thousand Nine Hundred Ninty-Four & tears($ 84,994.33 33/100--- for 3/100--for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators, successors and assign,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated June 12, 1987 ,entered into a contract with Owner for Sunset Drive Street and Drainage inplovements in accordance with Drawings and Specifications prepared by (xe.Iwaw aw aa.w air amaw w wa w.d A+waea) Dippel, Ulm nn & Associates, Inc. p244999 Capital of Texas Hwy., Suite 204 which contract is by reference made a pat hereof,and is hereWafteMffired3.'!f She Contract. AM DOCLNNBJT A311 a LABOR AND MATEMAL PAYMENT BOND•FEBRUARY 1970 ED. BS-1240 Ptd,,n U.S.A. 3 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION Is such that,if Principal shalt promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct con- racy the amount claimed and the name of the party to tract with the Principal or with a Subcontractor of the whom the materials were furnished,or for whom the Principal for labor,material,or both,used or reasonably work or labor was done or performed.Such notice shall required for use in the performance of the Contract, be served by mailing the same by registered mail or cer- labor and material being construed to include that part tified mail,postage prepaid,in an envelope addressed of water,gas,power,light,heat,oil,gasoline,telephone to the Principal,Owner or Surety,at any place where an service or rental of equipment directly applicable to the office is regularly maintained for the transaction of Contract. business,or served in any manner in which legal process may be served in the state in which the aforesaid pro- 2. The above named Principal and Surety hereby ject is located,save that such service need not be made jointly and severally agree with the Owner that every by a public officer. claimant as herein defined,who has not been paid in b After the 1 full before the expiration of a period of ninety(90)days ) expiration of one()Year following the date after the date on which the last of such claimant's work rt being g understood,howhich Principaldhowever,that if any limitation em ceased Work on said Contract, or labor was done or performed,or materials were fur- nished by such claimant,may sue on this bond for the the co st this bond a prohibited by any law controlling use of such claimant,prosecute the wit to final judg- the construction hereof such Fimit equal shall be deemed ment for such sum or suras as may be justly due clai- p io amended so as to be equal to the minimum mant, and have execution thereon.The Owner shall Pert of imitation permittedco rt such law. not be liable for the payment of any costs or expenses ti Other than in a state court a competent jurisdic- ofany such wit. tion in arxf for the county or other political subdivision of the state in which the Project,or any part thereof,is 3. No suit or action shall be commenced hereunder situated,or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is a) Unless claimant, other than one having a direct situated,and not elsewhere. contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following:the Principal,the to the extent of any payment or payments made in good Owner,or the Surety above named,within ninety(90) faith hereunder,inclusive of the payment by Surety of days after such claimant did or performed the last of the mechanics'liens which may be filed of record against work or labor,or furnished the last of the materials for said improvement,whether or not claim for the amount v hich said claim is made,stating with substantial accu- of such lien be presented under and against this bond. Signed and sealed this 17th day of June 1987 J.C. Evans Ekcayai"cm CO.. Tnc- ^ � (Pnncghao (Seal) ( Rnessj (Title) PACIFIC EMPLOYERS INSURANCE COMPANY pvnw UV• �1�.!%!/I"/(.ti•LGC� (Surety) (Seal) (W tr ) c 12Dee tNaria r39�iP At n1Thgz-iIL-Pact (TiNe) AIA DOCUMENT A311•LABOR AND MATERIAL PAYMENT BOND•FEBRUARY 1970 ED. 4 AM� N �, �:\✓r� :%1�!�.i��`� %: i� i�\:/'.,,f �\„�\ `r orf , r r r ; v'�, [h�E�OIlOWin�. �, ,f�, n��ts�pr"Cs` ��.?✓�� 4�gr�x �;C ��ee��$3 e4�4e€s�*.I� gs �rx - "�� to- � �aa14'H `A-&*�,y,� Fgc.�ewm+y*a¢ a�Nwe,F-M.-p aam' � ' b - fi , s +r�m�n'3tvge�yfStlrr{ S�,sudc3j9�gte �' \� ?9��P��'teuB fdal$dUMMneoDd i , i ,N\ yast�aok+i3c arekaMr� �0.�a�re,98Kk«sorotoNaei 9Sa+ani b+a b / ,. eet+erelJ n©mtnat �t�and R4JS rz s� 10&TSKFE att$ btR rpAGxBR, � ,df 4 � d` $"e�2gc+rbfx+Y[§Qs r V}gHrngarn Gu p 4 ese P 4sefjt 51}h�+a-� dd q.*04 Td ComOaryl�;at fpOv jo}amply as tf theV hada dWvsrsesuted®fid' kvtowle� d#V re9uTeT�� 4fn�q �bftneCan�tanK 1;q pnacoalofPms c 1�N�lTN $3pV+tEREflp�tJ�fiaTd � ' •fi g ViceP(O9f aM has'gI�fSGtibe4.h5t6m¢amtfat5xt$49+$4r8(es�8lotihBSpld P�1r3DY $ �F+< S9PANSG o a boypf �� Tse r SEAYf Tiy p fwf9t 8�Yrrf of PASS LVA E , z, vA,d� T� .,4e{ora tfaa sudser .ra tvocary Abb,or �kte rtwtrw 8f Aaf; hra;.HiandfortheCgrlrtflc4t\ {.iserdr+@d'anrSgvaht yic—resident of t}e" 7b to me�47s .1W y nu :whu y Ufl fhaprrl Try9fr and dTglc ttie n of the,. ;frS s*Bin3iirndetilFaztdcfhceb' sand, exp tn8 t eff a eCw e m9 rhetlul,swp dep4 handsetht�afh�is`inr6itte5ja�the NaparRaRvresa arWthat,iheseal ti edFo,thg 1 isc*umd�r'4sth#rcOrp, argseafiafaefidCampart5*eadifl s` .Cvpfor tfaeea4 �hl§sr t iVis 'D'!#! f'.warzauiy�e4,ftxedairsi': " j ;danstrurnentbvdhR��hP'�'/�nf1'41��'v�ihegatl,>eN4at4�n�'nP�a<��Ph+�bo� pdd#tdd 6v MaBuaddaf 15�1ee"... f brad-S4ls�tit@�r¢oe5gtki+rYetvf�5+ ei:alfl�f ° RECk>s f> ybhaseuoszyandalxttaf}f,�ttrvdkfcyaTrxtfft@jraiphhretFa �ntzvaar Rjj9Oka `�r�Q1� ♦� p �> y ` �i7q. ,Exprre °' STAB W� / �// r�tof; yFef Mxfornaho2nasafwxrlrgKndcatieopwvan,fuu4orosandasfeeT�t y 1f �r `r eef' �l!e'�esl�tasapscrbac�fiY". as."SecfBtarM �af'Fitteq thy' "��(�{,e ',of t�+r.'dipL[a17o[r". 77 7,77r A r gyptp': m OfISSUi DATE(MMIDD.NY) 6717/87 PRPOUCER -- THIS CERTIFICATE R IBSIIEO A8 A YA7TER OF WIFOIMATION ONLY ANA CONFERS MO RIpllT6 UPON TIE WMFICATE HOLDER.TINS CERI1FlCATE DOES'NOT AMEND. Bill Pitts Insurance Agency °RaD OR ALTER THE COVERAGE AFFOIbED By THE S BELOW. P.O. Box 2291 Austin, Texas 78768 COMPANIES AFFORDING COVERAGE COMPANY A ETTER INA of Texas INSURED LETTER COMPANY s Aetna Insurance Co. J.C. Evans Const. Co., Inc etal COMPANY P.O. Box 9467 LETTER C Public Employers Ins. Austin, Texas 78766 JAPAN D LETTER American Holm Assurance COMPANY E LETTER THIS IS TO CERTIFY THAT POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO THE INSURED NAM W ABOVE FOR THE POLICY PERIDOINDICA7W. IIOTWITHSTANDINO ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN,THE INSUAUWCE AFFORDED BY THE POLICIES DESCRIBED HEREM 1S SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICES. 001 LTYPE OF INSURANCE POLICY NUMBER POSY DPIRATON LIABILITY LIMITS IN THOUSANDS (MTWM EACHAGGREGATE GENERAL.LIABILITY OOCUR OWLA COMPREHENSIVE FORM *"U IIY $ $ PREMISESNPERATIONS RTY UNDE9GROIJNDCOLLAPSE HAZARD GLPG09358031 10/01/86 10/01/87 DAMAGE $ $ PMCUCTSCO PLETED OPERATIONS X WNTR ACTUN. 01&PDEd $1,000. $1,000. X INDEPENDENT CONTRACTORS X BROAD I"PROPERTY DAMAGE X PERSONAL INJURY � cii INJURY $1,000. X r t AUTOMOBILE LIABILITY B ANY AUTO ALL owNED AUTOS AurosOpTN{E�Pt X52629 10/01/86 10/01/87 (PPo4pP0.5J X HIRED AUTOS PROPERTY X MON-OWNED AUTOS -GARAGE WISILTIY A PD EXCESS LIABWTY C X W RSI XM0023553 10/17/86 10/01/87 D&DLMe°OiNED $10,000 $10,000, OTHER THAN UMBRELLA RTRM - YYORKERS'COMPENSATION BTAl71TORY D AM WC8640551 10/01/86 10/01/87 $ 500 (EACH ACCIDENT) EMPLOYERS LIASLrtY 1 500 (DISEASE-POLICY UNIT) OTHER -F I $ 500 (DISEASE-EACHEMPLOYEE DESCRIPTION OF OPERATIONSROCATIDNSNENICLESISPECNLL ITEMS Re: Sunset Drive Street and Drainage Improvements . - 1985 G.O.B. Program SHOULD ANY OF THE ADM DESCRIBED POLICES BE CANCELLED BEFORE THE EX- PIRATI DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Tile City of Round Rxk MAL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 214 E. Main St. LEFT.SUTPALURETO MALBUCHMOTICESHILLLWPMNOOBIJGATIONORLIAB M OF ANY LRID UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Round Rock, Texas 78664 AUTHORIZED REPAESENTATAYE Bill Pitts Insurance , PC