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R-88-1176 - 10/13/1988WHEREAS, the City of Round Rock has duly advertised for bids for excavation of certain roads at Old Settler's Park at Palm Valley, and WHEREAS, Triple Vee Construction submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Triple Vee Construction and to authorize the excavation of said roads, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Triple Vee Construction is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to execute on behalf of the City a contract with Triple Vee Construction to excavate certain roads at Old Settler's Park at Palm Valley. RESOLVED this /Pday of October, 1988. ATTEST: C ALM! AM L J O; NE LAND, City Secretary C32RESOLDS2 RESOLUTION NO. //7/? MIKE ROBINSON, Mayor City of Round Rock, Texas 1 NAME BID BOND INCLUDED ADDENDA RECEIVED NO. OF DAYS TOTAL BASE BID PRICE ALTERNATE BID PRICE ORDER OF PRICES Jkidh, V C ✓ / /o, /53.90 94 sza, // (iitzu.co fie' ,tac2i,v- ✓ /3D, og .5 97, S7901 2i k2t ' / 79, 37/. e 3 /40, 6.3c/ i2 Aetth Cc/r'G, / /a 5 a e9.o/ /.3Z,(ao9s/ AdAi A‘.. 1,41..:_ ✓ /a/ 7 , i, a(0 97 - P . as XleidA.tw 1d4 V ' /a &, /,35, aS 9 7 3 . 5 PROJECT at ,,,liL.cri o C JJ/ 04. CA Ale, Eli&A JOB 0. DATE /O -6,-/? DATE: October 11, 1988 SUBJECT: Council Agenda, October 13, 1988 ITEM: 11G. Consider a resolution authorizing the Mayor to enter into a road excavation contract for Old Settler's Park at Palm Valley. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATION: ECONOMIC IMPACT: Six bids were received and opened at 2:30pm, Thursday, October 6, 1988. Staff recommends that we accept the low alternate bid of Triple V Construction in the amount of $90,562.11 (see attachment). Our budget will not allow for the installation of curb and gutter at the entryways. The road will be open section 29ft. wide. e ESPEY, HUSTON & ASSOCIATES, INC. Engineering & Environmental Consultants 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ESPEY, HUSTON & ASSOCIATES, INC. Engineering & Environmental Consultants Document No. 880477 EH &A Job No. 11080 OLD SETTLERS PARK AT PALM VALLEY ROADWAY IMPROVEMENTS, PHASE U Prepared for: City of Round Rock 214 E Main Street Round Rock, Texas 78664 Prepared by: Espey, Huston & Associates, Inc. 110 South Brown Street P.O. Box 1269 Round Rock, Texas 78680 September 1988 ANY DISPUTE ARISING OUT OF THESE CONTRACT DOCUMENTS MAY BE SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, V.A.C.S., AS AMENDED. THE ARBITRATION PROCEDURES ARE SET FORTH IN THE GENERAL AND SUPPLEMENTARY CONDITIONS. 110 South Brown P.O. Box 1269 Round Rock, Texas 78680 (512) 244.3885 000001 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS Table of Contents TC Bid Schedule B -1 Agreement A -1 Performance Bond PB -1 Payment Bond PB -3 General Conditions of Agreement GC -1 Supplementary Conditions (Modifications) 0800 -1 DIVISION 1 GENERAL REQUIREMENTS 01000 -1 Measurement and Payment 01025 -1 Regulatory Requirements 01060 -1 Reference Standards 01090 -1 Temporary Construction Facilities and Utilities 01510 -1 Protection of Work, Property and Persons 01540 -1 Traffic Regulation 01570 -1 EXHIBITS "A" Affidavit of Account TC PAGE 000002 PROJECT IDENTIFICATION: Old Settler's Park @ Palm Valley Roadway Improvements, Phase II CONTRACT IDENTIFICATION AND NUMBER: 11080 THIS BID IS SUBMITTED TO: 1. Mayor and City Council The City of Round Rock 221 East Main Street Round Rock, Texas 78664 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Docu- ments. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for ninety (90) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Docu- ments within five (5) days following its prsentation. 1. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number (receipt of all of which is hereby acknowledged and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders); (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such indepen- dent investigations as BIDDER deems necessary; B -1 000003 (c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corpora- tion to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other BIDDER or over OWNER; and 4. BIDDER will complete the Work for the following price(s). (a) UNIT PRICES AS INDICATED IN BID SCHEDULE. 5. BIDDER agrees that the Work will be substantially completed within 90 calendar days from the date of the Notice to Proceed and completed within 120 calendar days after the date when the Contract Time commences to run. BIDDER accepts the provisions of the Agreement as to Liquidated Damages in the event of ailure to complete the Work on time. 6, The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of (Cashier's or Certified Check or Bid Bond). (b) A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. B -2 000004 If BIDDER is: An Individual By doing business as Business address: Phone No. A Partnership By Business address: Phone No. A Corporation By By (Individual's Name) (Firm Name) (General Partner) (Corporation Name) (State of Incorporation) (Name of Person Authorized to Sign) (Title) B -3 (SEAL) (SEAL) 000005 (Corporate Seal) Attest Business address: Phone No. A Joint Venture By By (Secretary) (Name) (Address) (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) B-4 00000G Mayor and City Council City of Round Rock 221 E Main Street Round Rock, Texas 78664 c/o Espey, Huston & Associates, Inc. 110 South Brown Street P.O. Box 1269 Round Rock, Texas 78680 Dear Sir: BID SCHEDULE September, 1988 The undersigned, in compliance with your invitation for bids for con- struction of Old Settlers Park at Palm Valley, Roadway Improvements, Phase II, having examined the plans, specifications and bidding documents, the site of the proposed work, and being familiar with all of the conditions surrounding construction of the proposed project; proposes to furnish all labor, materials and equipment and perform all work required for construction of the project in accordance with the plans, specifications and contract documents for the following prices: 00000 O -- ON it r■it -• I= MO IN r UM MI - M V• a ALTERNATE 1 N o. Estimated Quantity BID SCHEDULE Written Price and Description Unit Total Price Price 1. 29,453 SY Street excavation, complete in place per $ 0.45 $ 13,253.85 square yard for Thirteen thousand two hundred fifty -three Dollars Eighty -five Cents 2. 29,453 SY Subgrade preparation, complete in place 0.42 12,370.26 per square yard for Twelve thousand three hundred seventy Dollars Twenty -six Cents 3. 432.5 LF 21" x 15" C.M.P.A. culvert pipe, 16 gage 17.50 7,568.75 at depths and slopes specified, complete in place per linear foot for Seven thousand five hundred sixty -eight Dollars Seventy -five Cents I- UN N -- NM NO O -- r I MO I MI I ALTERNATE 1 No. Estimated Quantity BID SCHEDULE Written Price and Description 4. 100 LF 25" x 16" C.M.P.A. culvert pipe, 16 gage at depths and slopes specified, complete in place per linear foot for Two thousand one hundred fifty Dollars No Cents 5. 302 LF 36" x 22" C.M.P.A. culvert pipe, 16 gage at depths and slopes specified, complete in place per linear foot for Eight thousand one hundred eight Dollars Seventy Cents Unit Total Price Price $ 21.50 $ 2,150.00 26.85 8,108.70 6. 225 LF 50" x 31" C.M.P.A. culvert pipe, 14 gage, 42.80 9,630.00 at depths and slopes specified, complete in place per linear foot for Nine thousand six hundred thirty Dollars No Cents MO W MN it IS i MI MN r r E- MI r• r MI IS MI ALTERNATE 1 No. 7. 225 LF 6" P.V.C, Schedule 40 conduit pipe $ 6.25 $ 1,406.25 w /capped ends at depths specified for future irrigation, complete in place per linear foot for B. Estimated Quantity BID SCHEDULE Written Price and Description One thousand four hundred six Dollars Twenty -five Cents 150 LF 8" P.V.C., Schedule 40 conduit pipe w /capped ends at depths specified for future electrical improvements, complete in place per linear foot for One thousand five hundred Dollars No Cents 9. 855 SY 5" concrete pavement, at locations specified, complete in place per square yard for Twenty thousand six hundred ninety -one Dollars No Cents Unit Total Price Price 10.00 1,500.00 24.20 20,691.00 am r r sr Is we r r r— .e r no r r. • .r r i cn A ALTERNATE 1 N o. 11. Estimated Quantity Ninety thousand five hundred sixty -two Dollars Eleven Cents BID SCHEDULE Written Price and Description 10. 135.6 SY 4" concrete riprap for culverts, complete in place per square yard for Four thousand nine hundred eighty -three Dollars Thirty Cents 1 LS Permanent Erosion Controls, complete in place per lump sum for Eight thousand nine hundred Dollars No Cents TOTAL ROADWAY IMPROVEMENTS ALTERNATE 1 $ 90,562.11 (In case of discrepancy between Bid Price in words and figures above, Price in words shall govern.) Unit Total Price Price $ 35.75 $ 4,983.30 8,900.00 8,90 ANY DISPUTE ARISING OUT OF THESE CONTRACT DOCUMENTS MAY BE SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, V.A.C.S., AS AMENDED. THE ARBITRATION PROCEDURES ARE SET FORTH IN THE GENERAL AND SUPPLEMENTARY CONDITIONS. THE STATE OF TEXAS COUNTY OF WILLIAMSON Article 1. WORK Article 2. ENGINEER AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT is dated as of the day of in the year 19 by and between the City of Round Rock A -1 City of Round Rock (hereinafter called OWNER) and Triple V Construction Co. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project includes, but is not limited to, the construction of approximately 8,800 linear feet of Park Road. The Project has been designed by: Espey, Huston & Associates, Inc., Round Rock, Texas. 000012 who is hereinafter called ENGINEER and who will assume all duties and respon- sibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be substantially completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 120 calendar days after the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER AND CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until and Work is substantially complete. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: See Attached Bid Schedule. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below. All progress pay- ments will be on the basis of the progress of the Work measured by the A -2 000013 7.1 5.1.1 Prior to Substantial Completion progress payments will be in an amount equal to: Article 6. INTEREST schedule of values provided for in paragraph 14.1 of the General Conditions. 90% of the Work completed unless otherwise stated in Division 1 General Requirements, Section 01025 Measurement and Payment, and 90% of materials not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 90% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of ten percent (10 %) per year, provided, however, that hi no event shall the interest due be at a rate higher than the maximum rate allowed by law at the place of the project. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifica- tions and which have been identified in the Supplementary Conditions. 7.3 CONTRACTOR has made or caused to be made examinations, investiga- tions and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the A -3 000014 performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Docu- ments and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.6 Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: 8.1 This Agreement (pages A -1 to A -6, inclusive). 8.2 Exhibits to this Agreement: Bid Schedule. 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 General Conditions (pages GC -i to GC -53, inclusive). 8.6 Supplementary Conditions. 8.7 Specifications either attached or referenced. 8.8 Drawings, consisting of a cover sheet and sheets with each sheet bearing the general title as stated in Article 1 of this Agreement. 8.9 Addenda numbers to , inclusive). 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12 Any Modification, including Change Orders, duly delivered after execu- tion of Agreement. A-4 000015 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may not be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all convenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR shall notify the City of Round Rock Public Works Department within 10 days after accepting new contracts as either sub or general contractor, along with a list of manpower and equipment to be moved from this project, if any. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. A -5 00001c This Agreement will be effective on City of Round Rock Triple V Construction Co. OWNER CONTRACTOR BY 100-F -G / �v"(M BY (CORPORATE SEAL) x Ofb 1 1 7 1. ‘ /1 A OQA (CORPORATE SEAL) J AttesticLA>!/{�vw (44(--d L Address for giving notices 221 East Main Street Round Rock, Texas 78664 (If OWNER is a public body attach evidence of authority to sign and resolution or other document authorizing execution of Agreement.) A -6 Attest Address for giving notices P0. g.» 790 Dom( L' 11 € 786,/? License No. Agent for service of process 000017 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bond No. 72- 0120- 10833 -88 -7 Account No. I 5220 STATE OF TEXAS COUNTY OF Travis PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Triple V Construction Co. of the City of Del Valle, County of 'Travis , and State of Texas as principal, and United States Fidelity and Guaranty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Round Rock, Texas (Owner) in the penal sum of Ninety Thousand Five Hundred Sixty Two and 11 /105 Dollars ($ 90,562.11 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Pr' ' l has entered int a certain written contract with the Owner, dated the day of $ cto e r , 19_ to Old Settlers Park at Palm Valley Roadway Imporvements, Phase II which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." *Not applicable for federal work. See "The Miller Act740 U.S.C.S270. Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE. PB -1 Z 000018 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of October , 19 88. Triple V Construction Co. Principal By X L / Title P.O. Box 790, Del Valle, Texas 78617 Address Stokes & Searcey Agency, Inc., 2520 South Interstate 35 Austin, Texas 78704 PB -2 United States Fidelity and Guaranty Company Surety The name and address of the Resident Agent of Surety is: L( // ( Yy Rh. da L. Rawlins Attorney -In -Fact Title 300 Tower Life Building, San Antonio Texas 78205 A i Bond No. 72- 0120 - 10833 -88 -7 Account No. I 5220 STATE OF TEXAS COUNTY OF Travis PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Triple V Construction Co. of the City of Del Valle County of 'Travis , and State of Texas as principal, and United States Fidelity and Guaranty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Round Rock, Texas (Owner), in the penal sum of Ninety Thousand Five Hundred Sixty Two and 11 /100 Dollars ($ 90,562.11 ) for the pay- ment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 25th day of October , 19 88, to Old Settlers Park at Palm Valley Roadway Improvements, Phase II which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Copyright 1954, 196Z, 1971 By, and Reprinted with, Permission of TS -ASCE. PB -3 000020 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of October , 19 88. Triple V Construction Co. Principal x / w C t/ X4.1 By Title Title P.O. Box 790, Del Valle, Texas 78617 Address The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc. 2520 South Interstate 35 Austin, Texas 78704 PB-4 United States Fidelity and Guaranty Company Surety i2L f y k(F, Rhonda L. Rawlings Attorney -In -Fact 300 Tower Life Building, San Antonio, Texas 78205 Address 000021 Snow a0 Men by these Presenter That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the Taws of the State of Maryland, and having its principal office at the City of Bakimoae, in the State of Maryland. roes hereby constitute and appoint Rhonda L. Rawlings of the City of Ili tin . State of TWOS its true and lawful attorney in and for the State of Tema for the following purposes, to wit To sign its name as surety to. and to execute. meal and acknowkdge any and all bands, and to respectively do and perform any and all acts and things net forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a pan of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through ne. its Beard of Directors, hereby ratifies and ndrnw all and whatsoever the maid Rhonda L. wii eggs may lawfully do in the premises by virtue of theme presents. la Witness Whereat, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has calmed this inetrnment to be sealed with its corporate anal. duly attested by the signaleron of its Vice-President and Assistant Secretary, this 31st day of CCtober , A. D. 19 86 UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) STATE OF MARYLAND. s a: BALTIMORE CITY, rs 3 (t.w) Set. CERTIFIED COPY GENERAL POWER OF ATTORNEY No.. 98674 (Signed) Ry RonaldA,Wohlost (Signed) David W. Bien Vice President. On this 31st day of OCtabar . A. D. 19 before me personally came Ronald E. WOba,L118t . Vice - Presides of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David W. Assistant Secretary of said Common with both of wham I am personally acquainted. who being by me seaway duly snare, said that they, the said Ronald E WpR!],l]st and Dtrvid W. BEyden were respectively the Viee•Prealdemt arid the Assistant . Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was suck corporate seal, that it was no fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary. respectively, of the Company. My commission expires the fast day in July, A. D. 19 90 (SEAL) (Signed) fret M. Hurst Assistant Secretary. Notary Public. STATE OF MARYLAND } BALTIMORE CITY, I, Saundra E. Banks , Clerk of the Circuit Court for Baltimore City, which Court is a Cant of Record, and ban a seal, de hereby certify that Mart M. } LZ$t , Esquire. before whom the annexed mfidavfts were made, and who ion thereto whaeibed him mane, was at the tome of co doing n -Notary Public of the State of Maryland, in and for the Cry of Baltimore, duly commissioned ea omen sad authorized by taw to administer chin and take nclmowmedgment, or proof al deeds to be recorded therein. I further certify that 1 oast acgmfuad with the handwriting of the said Notary, and verily holism the signature to he hie genuine signature. in Tosfmony Whereat, 1 hereto set my hand and Am the seal M the Circuit Court for Baltimore City, the some being • Comt of Record, this 31St day of October , A. D. 19 86 (SEAL) (Signed) Saundra E. Banks Clerk •! the Ciaoa& Court Jar Baltimore City. COPY OP RESOLUTION That WPheruas, it is neeeaeary for the effectual trameaclien of busineeo that this Company appoint agents and ateorneyn with power and a thoeity to act for it and in its name in States other than Maryl and, and in the Territories of the United States and in the Provinces and territories of Canada; 9Yrerefera, be it Ressived, that this Company do, and it hereby does, autboriee and empower its President or either of its Vico Pnddents in conjunction with its Seeretaty or one of it. Antietam Secretaries, ender its corporate seal, to appoint any person or persons ea: aaosney or attorneyo•in.fact, ar agent or agents M rid Company, in its name end as its set, to execute and deliver any end all contracte gu raoeeing the fidelity of persons holding position of public or private trust, guaranteeing the performances of contracts other than neurone* policies end executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by Lew albv"ed, and .dire, in its name ands its attorney er attorneys-in-het, or agent or agents to execute and guarantee the conditions of any and all bands, recognisance, obligations, stipulations, nedertakinge or anything in the nature of either of the lame. which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Proviueee or territories of Canada, or by the rules, regdationo, orders, cnatome, practice or discretion of any board, body, organiation, office or direr, local, municipal er otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or reseeded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other aeeaoletlon or organisation whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognisance, obligation, stipulation, or undertaking, or anything fn the bare of either of the some. 1, James 11. Car o. T , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a fm8, true and coned Copy of the original power of stunner given by said Company to Rhonda L. Rawlings of Austin, Texas , authorizing and empowering her to sign bonds as thesis set forth, which power of enema, hoe sever been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, an the 25th day of November, 1961, at which meeting a quorum of the Board of Director@ was present, and thst the foregoing is a true and aeeraat copy of said resolution, end the whole thereof as recorded in the minutes of said meeting. Is Teatimony' I have hereunto get my hand and the seal of the UNTIED STATES FIDELITY AND GUARANTY COMPANY on October 25, 1988 (Date) Bond No. 72 -0120- 10833 -88 -7 Account No. I 5220 STATE OF TEXAS COUNTY OF Travis PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Triple V Construction Co. of the City of Del Valle, County of Travis , and State of Texas as principal, and United States Fidelity and Guaranty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Round Rock, Texas (Owner) in the penal sum of Ninety Thousand Five Hundred Sixty Two and 11 /106 Dollars ($ 90,562.11 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Pr' ' 1 has entered int certain written contract with the Owner, dated the day of o a ctoDer , 19_ to Old Settlers Park at Palm Valley Roadway Imporvements, Phase II which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 547Zd for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." *Not applicable for federal work. See "The Miller Act," 40 U.S.C.S270. Copyright 1954, 1961, 1971 By, and Reprinted with, Permission of TS -ASCE. PB -1 000018 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of October , 19 88. Triple V Construction Co. Principal x By X j Ao,J Title Title P.O. Box 790, Del Valle, Texas 78617 Address The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc., 2520 South Interstate 35 Austin, Texas 78704 PB -2 United States Fidelity and Guaranty Company Surety ��- glA Rhonda L. Rawl Attorney - In - Fact 300 Tower Life Building, San Antonio, Texas 78205 Address 000019 Bond No. 72- 0120- 10833 -88 -7 Account No. 1 5220 STATE OF TEXAS COUNTY OF Travis PAYMENT BOND KNOW ALL MEN. BY THESE PRESENTS: That Triple V Construction Co. of the City of Del Valle County of Travis , and State of Texas as principal, and United States Fidelity and Guaranty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Round Rock, Texas (Owner), in the penal sum of Ninety Thousand Five Hundred Sixty Two and 11 /100 Dollars ($ 90 , 562 . 11 ) for the pay- ment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 25th day of October , 19 88, to Old Settlers Park at Palm Valley Roadway Improvements, Phase II which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Copyright 1954, 196Z, 1971 By, and Reprinted with, Permission of TS -ASCE. PB -3 000020 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of October , 19 88. Triple V Construction Co. Principal By Title Title P.O. Box 790, Del Valle, Texas 78617 Address The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc. 2520 South Interstate 35 Austin, Texas 78704 PB-4 United States Fidelity and Guaranty Company Surety Rhona L. Raw Attorney -In -Fact 300 Tower Life Building, San Antonio, Texas 78205 Address 0000 21 CERTIFIED COPY GENERAL POWER OF ATTORNEY No 98674 Know ail Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint Rhonda L. Rawlings of the City of Austin , State of T8,7C85 its true and lawful attorney in and for the State of Teas for the following purposes, to wit To sign its name as surety to. and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a pan of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us. its Board of Directors. hereby ratifies and confirms all and whatsoever the said Rhonda L. Rawlings may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to ha sealed with its corporate seal, duly attested by the signatures of its Vice. President and Assistant Secretary, this 31st day of October , A. D. 19 86 UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) STATE OF MARYLAND. BALTIMORE CITY, FS 3 (1-93) i Set. (Signed) By (Signed) Ronald E. Wohlust David W. Bryden On this 31st day of October . A. D. 19 86. before me personally came Ronald E. WOhlust . Vice. President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David W. $LWen . Assistant Secretary of said Company, with both of whom I an personally acquainted. who being by me severally duly sworn, said that they. the said Ronald E. Wohlust and David W. Bryden were respectively the Vice. President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice.President and Assistant Secretary. respectively, of the Company. My commission expires the first day in July, A. D. 19 90 (SEAL) (Signed) STATE OF MARYLAND BALTIMORE CITY, J Margaret M. Hurst Vice- President. Assistant Secretary. Notary Public. 1, Saundra E. Banks , Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire. before whom the annexed affidavits were made, and who has thereto subscribed his name. was at the time of no doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that l am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the some being a Court of Record, this 3],st day of October , A. D. I9 86 (SEAL) (Signed) Saundra E. Banks Clerk o/ the Circuit Court for Baltimore City. COPY OF RESOLUTION not Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United Stan and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower in President or either of in Vice. Presidents in conjunction with its Secretary or one of its Aesistant Secretaries, under in corporate seal, to appoint any person or peraom as attorney or attorneys -in -fact, or agent or agents of said Company, in in name and as in act, to execute and deliver any and all contract. guaranteeing the fidelity of persona holding position. of public or private treat, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertaking., required or permitted in all actions or proceedings, or by law allowed, and Also, in in name and as no attorney or attorneys -In -fact, or agent or agents to execute and guarantee the conditions of any sad all bonds, recognizance., obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organisation, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and an capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, Janes M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a fall, true and correct copy of the original power of attorney given by said Company to Rhonda L. Rawlings of Austin, Texas , authorizing and empowering her to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And f do further certify that mid Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 75th day of November, 1981, at which meeting a quorum of the Board of Directors was present. and that the foregoing is a true and correct copy of mid resolution, and the whole thereof as recorded in the minces of said meeting. In Testimony Whereof, f have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on October 25, 1988 (Date) Assistant Secretary. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 a 1 STATE OF TEXAS COUNTY OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto (Owner), in the penal sum of Dollars ($ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION I5 SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in fuII force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." *Not applicable for federal work. See "The Miller Act," 40 U.S.C.S270. Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE. PB -1 000018 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of The name and address of the Resident Agent of Surety is: PB -Z , 19_ Principal Surety By By Title Title Address Address 000019 1 1 1 1 1 1 1 1 1 1 1 1 a 1 i 1 1 a 1 STATE OF TEXAS COUNTY OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That of the City of County of , and State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto (Owner), in the penal sum of Dollars ($ ) for the pay- ment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19_, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE. PB -3 000020 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 2 1 1 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19_ Principal Surety By By Title Title Address Address The name and address of the Resident Agent of Surety is: PB-4 0000 :i PRODUCER STOKES & SEARCEY AGENCY, INC. 2520 IH 35 SOUTH AUSTIN, TEXAS 78704 INSURED TRIPLE V CONSTRUCTION CO. AND TRIPLE V EQUIPMENT CO. P.O.BOX 790 DEL VALLE, TEXAS 78617 COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POUCIES. 1 TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE 1111 1 AUTOMOBILE LIABILITY 12 ANY AUTO © ALL OWNED AUTOS © SCHEDULED AUTOS © HIRED AUTOS © NON -OWNED AUTOS ■ GARAGE LIABILITY EXCESS LIABILITY UMBRELLA OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER CERTIFICATE HOLDER ACORD 25.0 (11/85) CERTIFICATE OF INSURANCE POLICY NUMBER D12648224 CAL958409 GO7683145 C26823225 CITY OF ROUND ROCK 214 E. MAIN STREET ROUND ROCK, TEXAS 78664 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE LETTER A INA OF TEXAS COMPANY B PACIFIC EMPLOYERS LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER POLICY EFFECTIVE DATE (MMND/YY) 11 -27 -87 11 -27 -87 11 -27 -87 01 -16 -88 CANCELLATION POLICY EXPIRATION DATE (MM /DOH') 11 -27 -88 11 -27 -88 11 -27 -88 11 -27 -88 PRODUCTS-COMP/OPS AGGREGATE EACH OCCURRENCE FIRE DAMAG (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) CST BODILY ` N JURY PER PERSON ROOILY INJURY I R DEN PROPERTY DAMAGE EACH Of�Cy iE - ISSUE DATE (MMJDD/YY) 10 -25 -88 ALL LIMITS IN THOUSANDS IEREWMI 1/1/I/)♦ 111 Emm EIMMI $ 1000 $ $ $ AGGREGATE $ 1000 $ 1/ (EACH ACCIDENT) 11 (DISEASE -POLICY LIMIT) $ 11 (DISEASE -EACH EMPLOYEE) DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES / RESTRICTIONS/ SPECIAL ITEMS Re: Old Settlers Park at Palm Valley Roadway Improvements, Phase II Specific 30 Day Notice of Cancellation Endorsement in Favor Of City of Round Rock and Espey, Huston & Associates, Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL X lfaita X 1 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AN KIND UPON THE COM' ANY, ITS AGENTS OR REPRESENTATIVES. IIR /ACORD CORPORATION 1985 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 000022 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 1 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page 1 DEFINITIONS GC -1 2 PRELIMINARY MATTERS GC-4 3 CONTRACT DOCUMENTS: GC -6 INTENT AND REUSE 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; GC -8 REFERENCE POINTS 5 BONDS AND INSURANCE GC -11 6 CONTRACTOR'S RESPONSIBILITIES GC -16 7 OTHER WORK GC -25 8 OWNER'S RESPONSIBILITIES GC -26 9 ENGINEER'S STATUS DURING CONSTRUCTION GC -27 10 CHANGES IN THE WORK GC -30 11 CHANGE OF CONTRACT PRICE GC -32 12 CHANGE OF CONTRACT TIME GC -38 13 WARRANTY AND GUARANTEE; TESTS AND GC -38 INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14 PAYMENTS TO CONTRACTOR AND COMPLETION GC-42 15 SUSPENSION OF WORK AND TERMINATION GC-48 16 ARBITRATION GC -51 17 MISCELLANEOUS GC -52 GC-i 000023 1 a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 1 INDEX TO GENERAL CONDITIONS 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 5.6 Application for Payment — definition of 1 Application for Payment, Final 14.12 Application for Progress Payment 14.2 Application for Progress Payment — review of 14.4 thru 14.7 Arbitration 16 Availability of Lands 4.1 Award— Notice of— defined 1 Before Starting Construction 2.5 thru 2.7 Bid — definition of 1 Bonds and Insurance —in general 5 Bonds — definition of 1 Bonds, Delivery of 2.1, 5.1 Bonds, Performance and Other 5.1, 5.2 Cash Allowances 11.10 Change Order— Definition of 1 Changes in the Work 10 Claims, Waiver of—on Final Payment 14.16 Clarifications and Interpretations 9.3 Cleaning 6.17 Completion 14 Completion, Substantial 14.8, 14.9 Conference — Pre - Construction 2.8 Construction Machinery, Equipment, etc. 6.4 Continuing Work 6.29 Contract Documents — definition of 1 Contract Documents — intent and reuse 3 Contract Documents —reuse of 3.5 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 GC-ii 000024- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEX (Continued) Contractor — definition of Contractor May Stop Work or Terminate Contractor's Continuing Obligation Contractor's Duty to Report Discrepancy in Documents Contractor's Fee —Costs Plus Contractor's Liability Insurance Contractor's Responsibilities —in general Contractor's Warranty of Title Contractual Liability Insurance Copies of Documents Correction or Removal of Defective Work Correction Period, One Year Correction, Removal or Acceptance of Defective Work —in general Cost of Work Costs, Supplemental GC-iii Article or Paragraph Number 1 15.5 14.15 2.5, 3.2 11.6 5.3 6 14.3 5.4 2.2 13.11 13.12 13.11 thru 13.14 11.4, 11.5 11.4.5 Day —definition of 1 Defective Work, Acceptance of 13.13 Defective Work, Correction or Removal of 13.11 Defective — definition of 1 Defective Work—in general 13 Defective Work, Rejecting 9.4 Definitions 1 Delivery of Bonds 2.1 Disagreements, Decisions by Engineer 9.9, 9.10 Documents, Copies of 2.2 Documents, Record 6.19 Documents, Reuse 3.5 Drawings— definition of 1 Effective date of Agreement — definition of 1 Emergencies 6.22 Engineer -- definition of 1 Engineer's— Notice Work is Acceptable 14.3 Engineer's Responsibilities, Limitations on 9.11 thru 9.14 Engineer's Status During Construction -min general 9 Engineer's — Recommendation of Payment 14.4, 14.13 Equipment, Labor, Materials and 6.3 thru 6.6 Equivalent Materials and Equipment 6.7 - 000025 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 INDEX (Continued) Article or Paragraph Number Fee, Contractor's -Costs Plus 11.6 Field Order- definition of 1 Field Order- issued by Engineer 10.2 Final Application for Payment 14.12 Final lnspection 14.11 Final Payment, Recommendation of 14.13, 14.14 Final Payment and Acceptance 14.13 General Requirements- definition of 1 General Provisions 17.3, 17.4 Giving Notice 17.1 Guarantee of Work -by Contractor 13.1 Indemnification 6.30 thru 6.32 Inspection, Final 14.11 Inspection, Tests and 13.3 thru 13.7 Insurance, Bonds and-in general 5 Insurance- Certificates of 2.7 and 5 Insurance, Contractor's Liability 5.3 Insurance, Contractual Liability 5.4 Insurance, Owner's Liability 5.5 Insurance, Property 5.6 thru 5.12 Intent of Contract Documents 3.1 thru 3.4, 9.12 Interpretations and Clarifications 9.3 Investigations of Physical Conditions 4.2 Labor, Materials and Equipment 6.3 thru 6.6 Laws and Regulations 6.14 Liability Insurance- Contractor's 5.3 Liability Insurance- Owner's 5.5 Limitations on Engineer's Responsibilities 9.11 Materials and Equipment - furnished by Contractor 6.3 Materials or Equipment - Equivalent 6.7 Miscellaneous Provisions 17 Modification - definition of 1 Notice, Giving of Notice of Award - definition of Notice of Acceptability of Project GC-iv 17.1 1 14.13 000026 1 1 1 1 1 1 1 1 1 1 1 1 1 a 1 1 1 1 1 INDEX (Continued) Notice to Proceed- definition of 1 Notice to Proceed - giving of 2.3 "Or- Equal" items 6.7 Other Contractors 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 thru 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 9.8 Partial Utilization 14.10 Partial Utilization - Property Insurance 5.14 Patent Fees and Royalties 6.12 Payments to Contractor - in general 14 Payments, Recommendation of 14.4 thru 14.7.5 Pre - construction Conference 2.8 Performance, and other Bonds 5.1 thru 5.2 Permits 6.13 Physical Conditions Investigations and Reports 4.2 Physical Conditions, Unforeseen 4.3 Preconstruction Conference 2.8 Preliminary Matters 2 Premises, Use of 6.16, 6.17, 6.18 Price- Change of Contract 11 Price- Contract - definition of 1 Progress Payment, Applications for 14.2 Progress Schedule 2.6, 14.1 Project - definition of 1 Project Representative, Resident - definition of 1 Project Representation - Provision for 9.8 Project, Starting 2.4 Property Insurance 5.6 thru 5.12 Property Insurance - Receipt and Application of Proceeds 5.11, 5.12 Property Insurance - Partial Utilization 5.14 Protection, Safety and 6.20 thru 6.21 GC-v Article or Paragraph Number 0000:7 1 1 1 i 1 1 1 i i 1 1 1 1 1 INDEX (Continued) Recommendation of Payment 14.4, 14.13 Record Documents 6.19 Reference Points 4.4 Regulations, Laws and 6.14 Rejecting Defective Work 9.4 Remedies Not Exclusive 17.5 Removal or Correction of Defective Work 13.11 Resident Project Representative - definition of 1 Resident Project Representative - provision for 9.8 Responsibilities, Contractor's 6 Responsibilities, Owner's 8 Reuse of Documents 3.5 Royalties, Patent Fees and 6.13 Safety and Protection 6.20 thru 6.21 Samples 6.23 Schedule of Shop Drawing Submissions 2.6, 14.1 Schedule of Values 2.6, 14.1 Shop Drawings and Samples 6.23 thru 6.29 Shop Drawings- definition of 1 Site, Visits to-by Engineer 9.2 Specifications - definition of 1 Starting Construction, Before 2.5 thru 2.9 Starting the Project 2.4 Stopping Work -by Contractor 15.5 Stopping Work -by Owner 13.10 Subcontractor -- definition of 1 Subcontractors -in general 6.8 thru 6.11 Substantial Completion- certification of 14.8 Substantial Completion- definition of 1 Subsurface Conditions 42, 4.3 Supplemental Costs 11.4.5 Surety - consent to payment 14.12, 14.14 Surety - notice of changes 10.5 Surety - qualification of 5.1, 5.2 Suspending Work, by Owner 15.1 Suspension of Work and Termination -in general 15 Superintendent - Contractor's 6.2 Supervision and Superintendence 6.1, 6.2 GC-vi Article or Paragraph Number 000028 1 1 1 i 1 1 1 1 1 11 INDEX (Concluded) GC-vii Article or Paragraph Number Taxes — Payment by Contractor 6.15 Termination by Contractor 15.5 Termination —by Owner 15.2 thru 15.4 Termination, Suspension of Work and—in general 15 Tests and Inspections 13.3 thru 13.7 Time, Change of Contract 12 Time, Computation of 17.2 Time, Contract — definition of 1 Uncovering Work 13.8, 13.9 Unit Prices 11.3.1 Unit Prices— Adjustment of 11.9 Use of Premises 6.16, 6.17, 6.18 Values, Schedule of 14.1 Visits to Site by Engineer 9.2 Waiver of Claims —on Final Payment 14.16 Waiver of Rights by Insured Parties 5.10 Warranty and Guarantee by Contractor 13.1 Warranty of Title, Contractor's 14.3 Work, Access to 13.2 Work by Others—in general 7 Work, Cost of 11.4, 11.5 Work Continuing During Disputes 6.29 Work — definition of 1 Work, Neglected by Contractor 13.14 Work, Stopping by Contractor 15.5 Work, Stopping by Owner 15.1 thru 15.4 000029 1 1 1 1 1 1 1 1 1 1 1 1 1 1 R 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 ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting 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 authorizes 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 pertain 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 specifically identified in the Agreement, together with all amendments, 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 CONTRACTOR 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. GC -1 000030 1 1 1 t 1 1 1 1 1 1 1 1 1 1 CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. Day —A day is defined as a calendar day in which weather or other conditions not under the control of the CONTRACTOR will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 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 pro- tection thereof has been assumed by OWNER at Substantial Completion in accord- ance 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 Contract 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 paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements— Sections of Division 1 of the Specifications. 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 CONTRACTOR's obligations under the Contract Documents. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. GC -2 000031 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 representative 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, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) 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 completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions—The part of the Contract Documents which amends or supplements these General Conditions. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities —All pipelines, conduits, ducts, cables, wire, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. GC -3 000032 1 1 • 1 1 1 1 1 1 1 1 1 1 1 r 1 Unit Price Work —Work to be paid for on the basis of unit prices. Work —The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or 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 dealing with the nonengineering or nontechnical rather than strictly Work - related aspects of the Contract Documents. Delivery of Bonds: ARTICLE 2—PRELIMINARY MATTERS 2.1 When CONTRACTOR delivers the executed Agreements 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: 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless other- wise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commence 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 Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the one hundred twentieth day after the GC-4 000033 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting 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 the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5 Before undertaking each part of the Work, CONTRACTOR shall care- fully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report is writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifica- tion from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for faihtre to report any conflict, error or discrepancy in the Contract Documents, unless CONTRAC- TOR had actual knowledge thereof or should reasonably have known thereof. 2.6 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), 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 submissions; and 2.63 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 confirmed in writing by CONTRACTOR at the time of submission. 2.7 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. GC -5 000034 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Preconstruction Conference: 1.8 Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 1.6, 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: Z.9 At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 1.6. 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 CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGI- NEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. Intent: ARTICLE 3-- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what 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. 3.1 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract 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 GC -6 000035 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 r time of opening of Bids (or, on the Effective Dateof 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 employees from those set forth in the Contract Documents, nor shall it 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 authority to undertake responsibility 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 If, during the performance of the Work, CONTRACTOR 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 Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents 3.4 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1 a formal Written Amendment, 3.4.2 a Change Order (pursuant to paragraph 10.4), or 3.4.3 a Work Directive Change (pursuant to paragraph 10.1). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations 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), 3.5.2 ENGINEER's approval of a Shop Drawing or sample (pursuant to para- graphs 6.26 and 6.27), or GC -7 000036 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.5.3 ENGINEER's written interpretation or clarification (pursuant to para- graph 9.4). Reuse of Documents: 3.6 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. Availability of Lands: 4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights -of -way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefore 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: ARTICLE 4-- AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS 42.1 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 preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated 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. GC-8 000037 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.2.2 Existing Structures. Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facil- ities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the tech- nical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. 4.2.3 Report of Differing Conditions. If CONTRACTOR believes that: 4.2.3.1 any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4.2.3.2 any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 4.2.4 ENGINEER's Review. 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 conclusions. 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 conditions 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 11 and 12. GC -9 000038 1 1 1 1 1 1 Physical Conditions -- Underground Facilities: 4.3.1 Shown 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 Facilities or by others. Unless it is otherwise expressly provided in the Supplemen- tary 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 responsibility for reviewing and checking all such information and data, for locating all Under - ground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners for such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 620) 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 Not Shown 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 reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency 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. ENGINEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR 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 Contract 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 11 and 12. Reference Points: 4.4 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying GC -10 000039 a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Performance and Other Bonds: Contractor's Liability Insurance: ARTICLE 5- -BONDS AND INSURANCE 5.1 CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. 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 Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" 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. 5.2 If the surety on any Bond furnished by CONTRACTOR 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. 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 performance 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 the to perform or furnish the Work, or by anyone for whose acts any of them may be liable: 5.3.1 Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; GC -11 000040 1 1 1 1 1 1 1 1 • 1 5.3.2 Claims for damages because of bodily injury, sickness or disease, or death of CONTRACTOR's employees; 5.3.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4 Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) 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 property wherever located, including loss of use resulting therefrom; 5.3.6 Claims arising out of operation of Laws or Regulations 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 Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written 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 para- graph 13.12. 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: 5.4 The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obliga- tions under paragraphs 6.30 and 6.31. GC -12 000041 1 1 1 1 1 1 1 x 1 1 1 1 1 j 1 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 insurance 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 value thereof (subject to such deductible amounts as may be provided 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 whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage 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 be provided in the Supplementary Conditions, and shall included damages, loss and expenses arising 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 profes- sionals). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an 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 Condi- tions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8 All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained 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 5.112. 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, Subcontractor or others suffering any such loss and if any GC -13 00004Z. 1 1 1 1 1 1 1 1 1 1 1 1 1 of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER 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, ENGINEER, 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 subcontract between CONTRACTOR and a Subcontractor will contain similar waiver pro- visions by the Subcontractor in favor of OWNER, CONTRACTOR, ENGINEER, ENGINEER'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 payable under any policy so issued. 5.112 OWNER and CONTRACTOR intend that any policies provided in re- sponse to paragraphs 5.6 ands 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain 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 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 para- graphs 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 requirements 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 GC -14 000043 1 1 1 1 1 1 1 1 n 1 1 1 1 1 1 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 interests 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 settlement 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 performance 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 purchased and maintained by CON- TRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR 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 of 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, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional 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 insurance purchased by the other as complying with the Contract Documents. Partial Utilization—Property Insurance: 5.15 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished 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 necessitated thereby. The insurers providing the property insurance 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. GC -15 06044 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be respon- sible 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 super- intendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform 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 Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility 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 Documents. If required by ENGINEER, CON- TRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise GC -16 000045 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 provided in the Contract Documents; but no provision 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 perform- ance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Sch 6.6 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 1.9) adjustments 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. 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 indicating 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 ENGI- NEER to determine that the material or equipment proposed is equi- valent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of materials and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGI- NEER for acceptance thereof, certifying that the proposed substitute will perform adequately 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 specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. AU variations of the proposed substitute from that specified will be identified in the appli- cation and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such GC -17 000046 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 substitute, 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 CONTRACTOR'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 ENGI- NEER, 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 para- graph 6.7.1 as applied by ENGINEER and as may be supplemented in the General Requirements. 6.7.3 ENGINEER will be allowed .a reasonable time within which to evaluate each proposed substitute. ENGINEER will be the sole judge of accept- ability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special per- formance 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, CONTRAC- TOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others 6.8.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcon- tractor, 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 Subcon- tractors, Suppliers or other persons or organization (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and GC -18 000047 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or ENGI- NEER'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization as 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 ENGINEER to reject defective Work. 6.9 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CON - TRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or 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 Regulations. 6.10 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcon- tractor which specifically 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 CON- TRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance GC -19 000048 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 the from and against all claims, damages, losses and expenses (including attorney's fees and court and arbitration costs) arising out of any infringement of patent rights 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, CON- TRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the timeof opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2 If CONTRACTOR observes that the Specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice therof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs arty 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 arising therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. GC -20 000049 Taxes: 6.15 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous 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 equitable, 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. 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 materials, rubbish and debris from and about the permises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original 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. GC -21 000050 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 620 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 620.1 all employees on the Work and other persons and organizations who may be affected thereby; 620.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. 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 protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 620.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other 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, 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 the or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is GC -22 000051 . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRAC- TOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. 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 ENGINEER 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 paragraph 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 CONTRAC- TOR's responsibilities 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, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information 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 Documents. All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. GC -23 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6.25.1 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified per- formance criteria, installation requirements, materials, catalog numbers 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, CONTRACTOR 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 reasonable promptness Shop Drawings and samples, but ENGINEER'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. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27 ENGINEER's review and approval of Shop Drawings 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 para- graph 6.25.2 and ENGINEER has given written approval of each such variation 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 Drawings or from responsi- bility for having complied with the provisions of paragraph 6.25.1. 6.28 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGINEER'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 GC -24 0000;3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 delayed or postponed pending 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 Regulations, CONTRAC- TOR shall indemnify and hold harmless OWNER and ENGINEER and their consult- ants, agents and employees from and against all claims, damages, losses and 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) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) 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 (b) 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 Laws and Regulations regardless of the negligence of such party. 6.31 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcon- tractor, 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 limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen' compensation acts, disability benefit acts or other employee benefit acts. 6.32 The obligations of CONTRACTOR Under paragraph 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 of specifications. Related Work at Site: ARTICLE 7- -OTHER WORK 7.1 OWNER may perform other work related to the Project 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 GC -25 0 0005 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance 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 1Z. 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. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibiliies 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 consultants. 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 (or 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 integration 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 performance 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 contractors 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 authority 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 alI communications to CONTRACTOR through ENGINEER. GC -26 000055 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against who CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration. 8.3 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments 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 para- graphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures 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 in paragraphs 5.5 through 5.8. 8.6 OWNER is obligated to execute Change Orders as indicated in para- graph 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 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. Owner's Representative: 9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION 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 determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or GC -27 0000:5,6 1 r 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 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 professional, ENGINEER will keep OWNER informed of the progress 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 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 limita- tions of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4 ENGINEER will issue with reasonable promptness such written clarifi- cations or interpretations of the requirements 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 interpreta- tion 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 11 or Article 12. Authorized 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 defective, and will also have authority to require special GC -28 000057 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 inspection or testing of the Work as provided 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.Z3 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 Applica- tions for Payment, etc., see Article 14. Determinations for tint Prices: 9.10 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written 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 CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisiams 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 partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in GC -29 000058 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 such capacity. The rendering of a decision by ENGINEER pursuant to para- graphs 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 payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 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 Subcontractor, 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 Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the 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 CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRAC- TOR'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 CON- TRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10-- 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 GC -30 000059 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 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 supplemented 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 paragraph 13.9. 10.4 OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.4.1 changes in the Work which are ordered by OWNER pursuant to para- graph 10.1 are required because of acceptance of defective 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 10.4.3 changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (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 CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC -31 0000Co 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE 11 -- CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be 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 consequential) to which the claimant is entitled as a result of the occurrence of said event. AA claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with para- graph 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.Z. 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 application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 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 para- graph 11.62.1). 11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (determined 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 GC -32 0 00 0 6. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 employ- ees not employed full time on the Work shall be apportioned on the basis of their time spend 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 bene- fits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Sup- pliers' 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 deter- mine, 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 CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. GC -33 000002 1 r 1 1 1 1 1 1 1 1 1 1 1 1 11.4.5 Supplemental costs including the following: 11.4.5.1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, 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 parts thereof whether rented from CONTRACTOR or others in accord- ance 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. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4 Sales, consumer, use or 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 negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of the or for whose acts any of 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 accord- ance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of the or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If, however, any such loss or damage 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.Z. GC -34 0000 (i3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8 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 CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, ac- countants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 - -all of which are to be con- sidered 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. 11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 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 subparagraph 11.4.5.9 above). 11.5.5 Costs due to 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, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 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. GC -35 0000C4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACTOR's Fee: 11.6 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1 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 CON - TRACTOR's Fee shall be fifteen percent; 11.6.2.2 for costs incurred under paragraph 11.4.3, the CONTRACTOR's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CON- TRACTOR 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; 11.6.2.4 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 CON - TRACTOR'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 any one change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.62.1 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 for acceptable to ENGI- NEER an itemized cost breakdown together with supporting data. Cash 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 ENGINEER. CONTRACTOR agrees that: GC -36 0000(;s 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11.8.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) or materials and equipment required by the allowances to be delivered 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 corre- spondingly adjusted. Unit Price 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 Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR will be made by ENGINEER in accordance with para- graph 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 separately 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, CONTRACTOR may make a claim for an increase in the contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. GC -37 0000CG 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE 12 -- 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 (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 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 the claimant's written statement that the adjustment 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 paragraph 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 require- ments 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 CONTRACTOR if a claim is made therefor as provided in paragraph 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. 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 13-- 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 accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected or accepted as provided in this Article 13. GC -38 000007 1 1 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 Access to Work: 13.2 ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected., tested or approved, CONTRAC- TOR 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 be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'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 the 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 organiza- tions 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 ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7 Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR 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 CONTRACTOR's expense. GC -39 0000€;8 1 1 1 1 1 1 1 '1 1 1 1 1 1 1 1 1 1 1 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 uncover, expose or otherwise make available for obser- vation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and conse- quential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of engineers, architects, attorneys 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 11. 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 thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Owner May 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 Work: 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 nondefective 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 professionals) 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 prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, 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 GC-40 000069 1 1 1 1 1 1 1 r 1 • 1 1 1 1 1 rejected by OWNER, remove it from the site and replace it with nondefective 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 the defective Work corrected 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 professions) 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 Work: 13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER'S evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys 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 revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such 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 CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. 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 CONTRACTOR's services related thereto, take 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 representatives, agents and employ- ees such access to the site as may be necessary to enable OWNER to exercise the GC-41 000070 1 1 1 1 1 • 1 1 • 1 1 1 1 1 1 1 1 1 rights and remedies under this paragraph. All direct, indirect and consequential 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 consequential 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 performance of the Work attributable to the exercise by OWNER of OWNER'S rights and remedies hereunder. Schedule of Values: ARTICLE 14— PAYMENTS TO CONTRACTOR AND COMPLETION 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 Payment 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), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled 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 an the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, 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's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. GC-42 00007/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACTOR's Warranty of Title: 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment with ENGINEER's recommendation, the amount recommended will (subject to the pro- visions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5 ENGINEER's recommendation of any payment requested in an Applica- tion for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the Work in progress as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR 14.6 ENGINEER's recommendation of final payment will constitute an addi- tional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such GC-43 000072 1 1 1 1 1 a 1 1 1 1 1 1 1 1 1 1 representations to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence of the results of subse- quent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.72 the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4 of ENGINEER'S actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CON - TRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set -off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days GC-44 000093 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10 Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Documents, or which OWNER., ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER without significant interference with CON - TRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing, giving the reasons therefor. If ENGINEER considers that part of the Work to be substan- tially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. GC-45 000074 1 1 1 1 1 I 1 1 1 1 1 r 1 1 1 1 1 14.10.2 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CON- TRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of para- graph 5.15 in respect of property insurance. Final Inspection: 14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12 After CONTRACTOR has completed all such corrections to the satis- faction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record docu- ments (as provided in paragraph 6.19) and other documents - -all as required by the Contract Documents, and after ENGINEER has indicated that the Work is accept- able (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or GC-46 0000'75 l 1 i 1 1 1 1 ivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, materials and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construc- tion and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation - -all as required by the Contract Docu- ments, ENGINEER is satisfied that the Work has been completed and CONTRAC- TOR's other obligations under the Contract Documents have been fulfilled, ENGI- NEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. Thereupon, ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate for and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retaining stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. GC-47 000076 1 1 1 1 1 1 1 1 1 1 1 1 1 Contractor's Continuing Obligation: 14.15 CONTRACTOR's obligation to perform and complete the work in ac- cordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correc- tion of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obliga- tion to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claim: 14.16 The making and acceptance of final payment will constitute: 14.16.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. Owner May Suspend Work: ARTICLE 15— SUSPENSION OF WORK AND TERMINATION 15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRAC- TOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefore as provided in Articles 11 and 12. GC-48 000077 1 1 1 1 1 1 1 1 1 1 1 r 1 1 f 1 a 1 Owner May Terminate: 15.2 Upon the occurrence of any one of more of the following events: 15.2.1 if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2 if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3 if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4 if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5 if CONTRACTOR admits in writing an inability to pay its debts as they become due; 15.2.6 if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under para- graph 2.9 as revised from time to time); 152.7 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9 if CONTRACTOR otherwise violates in any substantial way any provi- sions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take GC-49 0000'8 1 1 1 1 1 1 1 1 1 1 T 1 1 1 1 1 possession of the Work and all of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CON- TRACTOR then existing of which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CON- TRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CON- TRACTOR any sum finally determined to be due, the CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then clue. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in GC -50 000079 i 1 1 1 1 1 1 1 1 1 L 1 1 1 1 1 1 1 accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16— ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided by artibration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specific- ally enforceable under the prevailing law of any court having jurisdiction. 16.2 No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision 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 upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accord- ance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten -day period specified in paragraph 16.2, as applicable, and in all such cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 16.4 No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any person or entity GC -51 00 CA 1 1 1 1 1 1 1 1 1 1 1 1 1 (including ENGINEER, ENGINEER's agents, employees or consultants) who is not a party to this contract unless: 16.4.1 the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, 16.4.2 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3 the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. § §10, 11). ARTICLE 17-- LIISCELT -ANEOUS Giving Notice: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 172.2 A calendar day of twenty -four hours measured from midnight to the next midnight shall constitute a day. GC -52 000081 I 1 1 1 1 1 1 1 • i1 1 1 1 1 1 1 1 General: 17.3 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or other for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.30, 13.1, 13.1Z, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of the which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guaranteees made inthe Contract Documents will survive final payment and termination or completion of the Agreement. GC -53 000092 1 i 1 1 1 0 1 1 1 1 1 1 SECTION 00800 - SUPPLEMENTARY CONDITIONS GENERAL: The provisions of this section of the specifications shall govern in the event of any conflict between them and the "General Conditions of Agreement." COPIES OF DOCUMENT: AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: ARTICLE 2 -- PRELIMINARY MATTERS 2.2 Section 22, Copies of Documents, of the General Conditions is hereby modified as follows. Four (4) sets of Contract Documents shall be furnished to the CONTRACTOR, at no charge, for construction purposes. Additional copies may be obtained at cost of reproduction upon request. Cut sheets and one copy of field notes will be furnished to the proper inspection division of the City of Round Rock if required. ARTICLE 4 -- AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 Section 4.1, Availability of Lands, of the General Conditions, is hereby modified to include the following. The OWNER will provide rights-of -way for the purpose of construction without cost to the CONTRACTOR. It shall be the responsibility of the CONTRACTOR, prior to the initiation of construction on easements through private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication, the CONTRACTOR shall inform the agency having jurisdiction in the area forty -eight (48) hours prior to initiation of the work. 4.2.1 Paragraph 4.2.1, Explorations and Reports, of the General Conditions is hereby modified to include the following: Explorations and Reports utilized by ENGINEER in preparation of Contract Documents are not to be construed as being a part of the Contract Documents. Such reports are presented as Information Available To Bidders and it is the Bidder's responsibility to inquire of ENGINEER if additional information is available, to make arrangements to review same prior to bidding and make his own determinations as to all physical conditions. 00800 -1 0000 a 1 1 1 1 1 1 p 1 1 1 1 1 1 1 1 1 1 1 1 EXISTING STRUCTURES: 4.2.2 Paragraph 4.2.2, Existing Structures, of the General Conditions is hereby modified as follows. The plans show the locations of all known surface and subsurface structures. However, the OWNER and ENGINEER assume no responsibility for failure to show any or all of these structures on the plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the Contract Documents, in which case the provisions in these specifications for extra work shall apply. REFERENCE POINTS: 4.4 The OWNER will establish line and grade one time only. CONTRACTOR shall report to ENGINEER whenever any reference point established by the ENGINEER is lost or destroyed or requires relocation for any reason. ENGINEER shall re- establish such points and the OWNER shall deduct from monies due to the CONTRACTOR the expense of re- establishing the reference points. ENGINEER shall have the authority to stop all work and withhold approval of payment to the CONTRACTOR at any time reference points have been destroyed or adequate control is not in existence on the site. The decision of the ENGINEER is final. PERFORMANCE AND OTHER BONDS: ARTICLE 5 — BONDS AND INSURANCE 5.1 Section 5.1 Performance and Other Bonds of the General Conditions is hereby amended to include the following: After completion of the work but prior to final payment and acceptance CONTRACTOR will submit a maintenance bond to the City of Round Rock for 10% of the final contract amount. CONTRACTOR'S LIABILITY INSURANCE: 5.3 Section 5.3 Contractor's Liability Insurance of the General Conditions is hereby amended to include the following: a) In addition, the limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 00800 -2 000084 1 1 1 1 1 1 1 v 1 1 1 1 1 1 1 1 5.3.1 and 5.3.Z, Workers' Compensation, etc. under paragraphs 5.3.1 and 5.32 of the General Conditions: (1) State: Statutory (2) Applicable Federal (e.g., Longshoreman's):Statutory (3) Employer's Liability: $100,000 5.3.3, 5.3.4, 5.3.5 and 5.3.6, Comprehensive General Liability (under paragrah 5.3.3 through 5.3.6 of the General Conditions): (1) Bodily Injury (including completed operations and products liability) : $500,000 Each Occurrence $500,000 Annual Aggregate Property Damage: $250,000 $250,000 (2) Property Damage liability insurance will provide Explosion, Collapse and Underground coverages. Each Occurence Annual Aggregate (3) Personal Injury, with employment exclusion deleted $300,000 Annual Aggregate 5.3.7 Comprehensive Automobile Liability: Bodily Injury: $250,000 $500,000 Each Person Each Occurence Property Damage: $250,000 Each Occurence 5.3.8 (1) Umbrella liability coverage of at least $1,000,000. (2) CONTRACTOR's general liability carrier shall issue a separate Protective Liability Policy covering OWNER and ENGINEER providing coverage for not less than the amounts stated above. 5.4 CONTRACTUAL LIABILITY INSURANCE: The Contractual Liability required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts: 00800 -3 000085 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.4.1 Bodily Injury: $500,000 5.4.2 Property Damage: $250,000 Each Occurence $500,000 Annual Aggregate MATERIAL STORAGE: ARTICLE 6 -- CONTRACTOR'S RESPONSIBILITIES Each Occurence 6.3 ' Section 6.3, Labor, Materials and Equipment, of the General Conditions is hereby modified to include the following. Materials and equipment delivered to the site of the work in advance of their use shall be stored so as to cause the least inconvenience and in a manner satisfactory to the ENGINEER. Materials and equipment stored for extended periods shall be protected from weather conditions in a manner satisfactory to the ENGINEER. USED MATERIALS: 6.5 Section 6.5, Labor Materials and Equipment, of the General Conditions is hereby modified to include the following. No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in any permanent structure without written consent of the ENGINEER. The CONTRAC- TOR shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished, and new- appearing condition. USE OF PREMISES: 6.16 Section 6.16, Use of Premises, of the General Conditions, is hereby modified to include the following. The CONTRACTOR's attention is directed to the limits of work space as obtained by the OWNER and as shown on the plans. The CONTRACTOR shall restrict his operations within the limits of the work space. He shall be responsible for all damages to trees, crops, grasses, etc. which occur as a result of his operations outside such limits. Should the CONTRACTOR require additional work space for access, he shall make arrangements with the owners of such property for such work space at no cost to the OWNER. 00800 -4 000086 DISPOSAL OF WASTE MATERIALS: 6.17 Section 6.17, Use of Premises of the General Conditions is hereby modified as follows. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of excavated earth in excess of that required for backfilling, waste materials, rubbish and other debris resulting from the Work, in conformance with the Contract Documents. All such excess or waste materials, rubbish and other debris shall, unless otherwise specified in the Contract Documents, become the property of CONTRAC- TOR to be removed from the premises at CONTRACTOR's expense in conformance with all applicable governmental regulations, Contract Documents and to the satisfaction of ENGINEER. CONTRACTOR shall indemnify OWNER and ENGINEER against any and all claims arising as a result of the CONTRACTOR's disposition of any excess or waste materials, rubbish or other debris resulting from the Work. PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED: 6.20 Section 6.20, Safety and Protection, of the General Conditions, is hereby modified to include the following. In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until ordered to do so by the ENGINEER. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The CONTRACTOR shall be responsible for the protection of all existing utilities or improvements crossed by or adjacent to his construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRAC- TOR shall replace or repair immediately the utilities, service lines or improvements with the same type of original material and construction, or better, at his own cost and expense. USE OF EXPLOSIVES: 6.20 Section 6.20, Safety and Protection, of the General Conditions is hereby modified to include the following. Use of explosives shall conform to all regulations of local government in force at the time of blasting. 00800 -5 000087 Should the contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The OWNER and ENGINEER shall not be held liable for damages done by the CON- TRACTOR in the use of explosives. In addition, the Contractor will be compelled under the contract to provide, through a reputable soils engineering firm professing expertise in this engineering discipline, a monitoring of all blasting as it pertains to all surrounding existing structures, wells, or utilities; and show evidence of same prior to the execution of this Contract. The CONTRACTOR shall notify the proper representatives of any public service corporation, any company, or any individual not less than eight (8) hours in advance of the use of explosives which might endanger or damage their or his property along or adjacent to the work. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places be plainly marked "DANGEROUS EXPLOSIVES," and shall be under the care of a competent watchman at all times. ARTICLE 13 — WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK INSPECTION: 13.4 Section 13.4, Testing and Inspections, of the General Conditions is hereby modified as follows. The City of Round Rock Inspectors will inspect this project. The OWNER will pay inspection and testing fees required by the City of Round Rock. The CONTRACTOR will pay for all retesting. ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULE OF VALUES: 14.1 Section 14.1, Schedule of Values, of the General Conditions is hereby modified as follows. Unit Prices, as defined in the Bid Schedule, will serve as the basis for progress payments. APPLICATION FOR PROGRESS PAYMENT: 14.2 Section 14.2, Application for Progress Payment of the General Condi- tions is hereby modified as follows. CONTRACTOR shall submit for payment to the ENGINEER on or before the 25th of each month for quantities installed prior to and including the 25th of each month. 00800 -6 0 00 08 8 CONTRACTOR will submit along with his monthly Application for Payment an affidavit stating that all previous payments to him under the Contract have been applied by him to discharge in full all of his obligations with the work covered by all prior applications for payments. The CONTRACTOR will furnish this affidavit conforming to Exhibit "A" attached to and made a part of these Supplemental Conditions. ARTICLE 16 — ARBITRATION ARBITRATION: 16.1 Paragraph 16.1 of the General Conditions shall be modified to include the following: PROVISIONS OF THIS AGREEMENT ARE SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, V.A.C.S., ART. ZZ4 TO 238-6 00800 -7 0000S9 DIVISION 1 GENERAL REQUIREMENTS 01000 -1 000090 PART 1 GENERAL BID QUANTITIES: 1.1 Bid Quantities are for Bidding Purposes Only: Final payment will be made only for work performed and accepted. The Contract shall verify quantities before ordering materials. Unless stated otherwise in the contract documents, it is understood that all payments made are for finished work and include all labor, tools, materials, constructing and completing the item on which payment is made. LETTER OF ACCEPTANCE: 1.2 Letter of Acceptance. The Contractor shall submit a letter of accep- tance from the City of Round Rock before requesting final payment. PART Z SITE PREPARATION STREET EXCAVATION: 2.1 Street Excavation will be paid for at the square yard contract price, which price shall be considered full compensation for clearing and grubbing of the right -of -way, for rough cutting of streets to subgrade, from one & one half (1%) foot behind the curb to one & one half (114) foot behind the opposite curb, construction of roadside ditches where indicated on the construction plans and as shown on typical sections, for maintaining all temporary erosions /sedimentation devices, providing tree protection as needed, placing of all excess spoils from street and utility excavation as shown on the plans and /or as directed by the Owner and /or his Engineer, furnish all equipment necessary to complete item including labor, superintendence, and other incidentals necessary thereto. SUBGRADE PREPARATION: 2.Z Subgrade preparation will be paid for at the unit contract price per square yard, for the final grading of the right -of -way to include furnishing all materials necessary to bring subgrade from one and one half (134) foot behind curb and gutter or ribbon curb on each side of the street to limits indicated on the plans and as staked on the ground, necessary equipment, labor, and superintendence to complete such work. PERMANENT EROSION CONTROL: SECTION 01025 MEASUREMENT AND PAYMENT 2.3 Permanent erosion controls will be paid for at the lump sum contract price which shall be considered full compensation for furnishing and placing all materials and incidentals necessary to complete the work. 01025 -1 000091 PART 3 DRAINAGE CULVERT PIPE: 3.1 Culvert pipe will be paid for at the unit contract price per linear foot, for the size, type and depths specified. Measurement for culvert pipe shall be the horizontal distance along the centerline of pipe. The price per linear foot shall also include all excavation, bedding material, fittings, concrete collars, pipe coatings, backfilling, disposal of surplus materials and cleanup. PART 4 PIPED UTILITIES CONDUIT PIPE: 4.1 Conduit pipe will be paid for at the unit contract price per linear foot, for the size, type and depths specified. The price per linear foot shall also include all excavation, bedding material, fittings, backfilling, disposal of surplus materials and cleanup. PART 5 PAVING AND SURFACING CONCRETE CURB OR CONCRETE CURB AND GUTTER: 5.1 Concrete Curb or Concrete Curb and Gutter will be paid for at the unit contract price per linear foot, which price shall be considered full compensation for furnishing and placing all base material from 1 -1/2 foot back of curb to lip of gutter, reinforcing steel, dowels, expansion joint material, curing material, back - filling and for all other materials, manipulations, labor, tools, equipment and incidentals necessary to complete the work. PART 6 CONCRETE STRUCTURES CONCRETE PAVEMENT: 6.1 Concrete Pavement will be paid for at the unit contract price per square yard, which price shall be considered full compensation for furnishing and placing all base from 1 -1/2 foot outside of all edges of concrete pavement, reinforcing steel, dowels, expansion joint material, curing material, form work, backfilling and for all other materials, manipulation, labor, tools, equipment and incidentals necessary to complete the work. 01025 -2 CONCRETE RIPRAP: 6.2 Concrete Riprap will be paid for at the unit contract price per square yard, which price shall be considered full compensation for furnishing and placing all fill material, reinforcing steel, dowels, expansion joint material, curing material, backfilling and for all other materials, labor and incidentals necessary to complete the work. END SECTION 01025 -3 1)00093 SECTION 01060 - REGULATORY REQUIREMENTS PART 1 - GENERAL 1.01 CITY OF ROUND ROCK It is the intention of these Contract Documents to describe and provide for work and materials which conform to all applicable parts of The Code of the City of Round Rock and which shall be acceptable for connection to and inclusion in the Street and Drainage system of the City of Round Rock. The CONTRACTOR shall install street and drainage improvements in accordance with City of Austin Standard Specifications for Public Works as adopted by the City of Round Rock. 1.02 TEXAS PARKS AND WILDLIFE DEPARTMENT Funding for this project will be aided by the Texas Local Parks, Recreation and Open Space Fund, administered by the Texas Parks and Wildlife Department. 1.03 OTHER REGULATIONS The CONTRACTOR shall at all times observe and comply with all Federal, State and Local Laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the OWNER against any claim arising from the violation of any such laws and ordinances, whether by the CONTRACTOR or his employees. In case the OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which or the manner in which, or the conditions under which, the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 1.04 CONFLICTING REQUIREMENTS A. The CONTRACTOR shall be familiar with all regulations applicable to the work and materials specified in the Contract Documents. The CONTRACTOR shall at all times be responsible for conducting the work in conformance with all applicable regulations. B. In case of conflicting requirements the CONTRACTOR shall immedi- ately notify the ENGINEER which will take prompt action in conform- ance with the Contract Documents. 01060 -1 QQCCC`.?4 1.05 PERMITS, LICENSES, AND FEES Except where otherwise noted or specified, the CONTRATOR shall file all applications or notices, pay all fees, deposits or other charges, and procure all inspections, meters, permits, licenses, etc., which are required or customary for normal and lawful prosecution of the work. 1.06 CIVIL RIGHTS The CONTRACTOR is required to comply with regulations issued pursuant to the Civil Rights Act of 1964 with respect to nondiscrimina- tion in assisted programs of the Department as follows: "During the performance of this contract, the CONTRACTOR agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termi- nation; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employyes placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246, as amended (3 CFR 169 (1974)), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 01060 -Z 000095 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 "(4) The contractor will comply with all provisions of Executive Order No. 11246, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No. 11246, as amended, and by the rules, regula- tions, and orders of the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. "(6) In the event of the contractor's noncompliance with the nondis- crimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246, as amended or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order, as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States." END OF SECTION 01060 -3 000096 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01090 - REFERENCE STANDARDS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Applicability of Reference Standards. B. Provision of Reference Standards at site. C. Acronyms used in Contract Documents for Reference Standards. Source of Reference Standards. 1.0Z RELATED REQUIREMENTS A. Document 00700 - General Conditions: Reference Standards. 1.03 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. The date of the standard is that in effect as of the Bid date, or date of Owner - Contractor Agreement when there are no bids, except when a specific date is specified. C. When required by individual Specifications section, obtain copy of standard. Maintain copy at jobsite during submittals, planning, and progress of specific work, until Substantial Completion. 1.04 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute Box 19150 Reford Station Detroit, MI 48219 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 01090 -1 000097 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 400 North Michigan Avenue Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ASTM American Society for Testing and Materials 1916 Race Street Phildelphia, PA 19103 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 AWS American Welding Society 550 Ledeune Road Miami, FL 33135 COA City of Austin Standard Specifications for Public Works 301 West 2nd Street Austin, Texas 78701 COA City of Austin Standard Construction Specifications of Water and Wastewater Department 500 West 1st Street Austin, Texas 78701 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 01090 -2 000098 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1050 15th Street, N.W. Washington, DC 10005 FS Federal Specification General Services Administration Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, DC 20407 NEMA National Electrical Manufacturers' Association 2101 L Street, N.W. Washington, DC 20037 NFPA National Fire Protection Association Battery March Park Quincy, MA 02269 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 THD Texas State Department of Highways and Public Transportation Texas Standard Specifications Dewitt C. Greer State Highway Bldg. 11th and Brazos Austin, TX 78701 TWC/TDH Texas Water Commission Texas Dept. of Health P. O. Box 13087, Capitol Station Austin, Tx. 78711 END OF SECTION 01090 -3 000059 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01510 - TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES PART 1 - GENERAL 1.01 TEMPORARY UTILITIES Unless otherwise provided in the Contract Documents the CONTRAC- TOR shall at his own expense arrange and provide for all utilities necessary to conduct the work including testing in conformance with the Contract Documents. 1.02 TEMPORARY SANITATION FACILITIES The CONTRACTOR shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by the ENGINEER shall be put into imme- diate force and effect by the CONTRACTOR. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CON- TRACTOR in such a manner and at such point as will be acceptable to the ENGINEER, and their use shall be strictly enforced by the CON- TRACTOR. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City of Round Rock shall be strictly complied with. END OF SECTION 01510 -1 OOOi00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01540 - PROTECTION OF WORK, PROPERTY AND PERSONS PART 1 - GENERAL 101 DESCRIPTIONS A. The CONTRACTOR shall exercise every precaution necessary to protect the work, and at his own expense shall immediately repair, rebuild, or otherwise restore any injury or damage to the work, whether arising from the execution or non - execution of the CONTRACTOR's duties, or from action by the natural elements, or from any cause whatsoever. The CONTRCTOR's responsibility for protection and maintenance of the work shall not cease until the project has been accepted by the City of Round Rock. B. Where the work is carried on in or adjacent to any street, alley, or public place, the CONTRACTOR shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The CONTRACTOR shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. C. The CONTRACTOR will be held responsible for all injury or damage to the work or the public due to failure of barricades, signs, fences, lights, or watchment to protect them. Whenever evidence is found of such damage to the work, the ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at the CONTRACTOR's own expense. The CONTRACTOR's responsibility for the maintenance of barricades, signs, fences, and lights, and for providing watchmen shall not cease until the project has been completed and accepted in accord with the Contract Documents. D. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the OWNER and the ENGINEER. 01540 -1 00010I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 E. The CONTRACTOR shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: 1. all employees on the work and all other persons who may be affected thereby; 2. all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the CONTRACTOR or any of his Subcontractors or Sub - Subcontractors; and 3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. F. The CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage. END OF SECTION 01540 -2 000102 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01570 - TRAFFIC REGULATION PART 1- GENERAL 1.01 DESCRIPTION A. The CONTRACTOR shall make adequate provisions to allow reasonable vehicular and pedestrian traffic, including the use of driveways, to proceed safely with minimum inconvenience except during actual construction operations such as trenching or pipe laying. Such provision may include temporary fill and /or bridging, temporary surfacing with gravel, stone or paving, or such other means as the ENGINEER may approve. B. Sidewalks must not be obstructed except by special permission of the ENGINEER. Access to private dwellings and to commercial establishments must be provided at all times. C. If diversion of traffic is approved by the ENGINEER at any location, the CONTRACTOR shall make arrangements satisfactory to the ENGINEER for the diversion and the schedule of operations, and shall at his own expense provide and maintain all roadways, bridges or other facilities necessary for such diversion of traffic. At least three working days prior to the beginning of such traffic diversion, the CONTRACTOR shall notify the Police Department, Fire Department, Texas State Department of Highways and Public Transportation, and the owners or agents of all property likely to be affected by the diversion. The same parties shall be notified when normal traffic flow is restored. D. All traffic regulation shall be conducted in accord with these Contract Documents and the laws and ordinances of any agency having jurisdiction. END OF SECTION 01570 -1 OC '1.'13 1 1 1 1 1 1 1 1 1 1 - STATE OF TEXAS I, - the J J 1 COUNTY OF hereinafter referred to all matters involved in known as: County, Texas. AFFIDAVIT OF ACCOUNT FOR MONTHLY AND FINAL PAYMENT(S) , being duly sworn, state that I am , of (Company) as 'Company,' whose business address is , and that I an familiar with the work performed by Company on the project located in Total contract amount, including all changes Total amount received by Company to date Balance still to be paid (including retainege) $ S We owe the following sums to those who have supplied us with labor and materiels. If 'None,' so state: NAME AMOUNT You are authorized to Withhold these amounts from monies due us until we submit proof of payment of these debts. Other than as above stated, Company has paid in full all those who have supplied labor or materiels for work performed at the above location. Company will defend and save and all other parties having any interest in the `PROJECT' harmless against any and all claims and liens of any supplier of labor or materials for our work at the above location. Other than as agreed above, Company will do no work and make no claims for any work except on further written order as approved by the BOARD OF DIRECTORS Company Officer , Title Date ' 1987 Subscribed and sworn to before me, a Notary Public of the State of Texas, County of , this day of 1987. 000104