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R-99-06-10-10E1 - 6/10/19991 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CITY OF ROUND ROCS WATER SYSTEM IMPROVEMENTS CONTRACT NO. 4A CHISHOLM VALLEY STANDPIPE DEMOLITION HDR ENGINEERING, INC. 2211 S. IH -35, Suite 300 Austin, Texas 78741 CITY OFROUND ROCK, TEXAS APRIL 1999 32244 w At -'7 k 99 -ci /xi 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CITY OF ROUND ROCK WATER SYSTEM IMPROVEMENTS CONTRACT NO. 4A CHISHOLM VALLEY STANDPIPE DEMOLITION HDR ENGINEERING, INC. 2211 S. IH -35, Suite 300 Austin, Texas 78741 CITY OF ROUND ROCK, TEXAS APRIL 1999 oft /i *� t *r */ c JAMES A. YURCZYK, JR. S 82244 �' It ii-r2..- 77 9�- ao- i0-ioEr 1 1 1 1 a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CITY OF ROUND ROCK WATER SYSTEM IMPROVEMENTS CONTRACT NO. 4A CHISHOLM VALLEY STANDPIPE DEMOLITION CITY OF ROUND ROCK, TEXAS APRIL 1999 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ATTACHMENTS TABLE OF CONTENTS DIVISION 0 — BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00020 Invitation to Bid 00100 Instructions to Bidders 00301 Bid Form 00302 Vendor Compliance to State Law 00303 Bidder's Questionnaire 00500 Agreement 00501 Performance Bond 00502 Payment Bond 00503 Certificate of Liability Insurance 00504 Warranty Bond 00505 Resolution of Contractor 00700 General Conditions 00805A Supplementary Conditions 00830 Prevailing Wage Rates DIVISION 1 — GENERAL REQUIREMENTS 01025 Measurement and Payment 01060 Special Conditions 01560 Environmental Protection and Special Controls 01601 Job Conditions and Site Work 01602 Seeding 01710 Cleaning No. 1 Project Location Map No. 2 Tax Plat Map No. 3 Project Site Map No. 4 Site Photographs 1 & 2 No. 5 Site Photographs 3 & 4 No. 6 Site Photographs 5 & 6 No. 7 Site Photographs 7 & 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00020 -1 1 SECTION 00020 2 INVITATION TO BID 3 4 RECEIPT OF BIDS 5 6 Sealed bids for the City of Round Rock Water System Improvements, Contract No. 4A - 7 Chisholm Valley Standpipe Demolition will be received by the City of Round Rock, 8 represented by the City Secretary. 9 10 Bids will be received at 211 E. Main Street, Round Rock, Texas 78664 until 2:00 PM 11 April 27,1999, and shortly thereafter the bids will be opened publicly and read aloud in 12 Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 16 The Work includes the demolition and removal from site of a 0.5 Mg potable water 17 standpipe within the City of Round Rock's water distribution system. The Work also 18 includes demolishing all miscellaneous buried piping, valving and above ground structures 19 including concrete foundations and fencing. 20 21 TYPE OF BID 22 23 Bid shall be on a lump sum basis for items identified in the Bid Form, Section 00301. 24 25 DOCUMENT EXAMINATION AND PROCUREMENTS 26 27 Copies of the Bid Documents are on file at the following plan houses: 28 Associated General Contractors: Austin, Houston, San Antonio. 29 F.W. Dodge Reports: Austin, Houston, San Antonio. 30 31 Copies of the Bid Documents may also be examined and purchased from the Issuing Office 32 which is as follows: 33 34 HDR Engineering, Inc. 35 2211 South IH -35, Suite 300 36 Austin, Texas 78741 37 Attn: Brad Castleberry 38 Telephone: (512) 912 -5100 39 40 Requests for Bid Documents should specify either full or half size drawings. All checks 41 should be made payable to HDR Engineering, Inc. 42 The cost of Bid Documents is: $ 50.00 43 • No refund for any Bid Documents will be made. 44 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00020 -2 1 BID SECURITY 2 3 Each Bid shall be accompanied by bid security as described in Section 00100 - Instructions 4 to Bidders. 5 6 CONTRACT SECURITY 7 8 The successful BIDDER will be required to furnish performance and payment bonds as 9 described in Section 00700 - General Conditions. 10 11 CONTRACT TIME 12 13 The Contract Time is defined in Section 00700 - General Conditions, and specified in 14 Section 00500 - Agreement. 15 16 QUALIFICATION OF BIDDERS 17 18 Requirements concerning the qualifications of BIDDERS are described in Section 00100 - 19 Instructions to Bidders. 20 21 OWNER'S RIGHT TO REJECT BIDS 22 23 The City of Round Rock reserves the right to waive irregularities and to reject any and all 24 bids. 25 26 FUNDING 27 28 Any Contract awarded under this Invitation To Bid is expected to be funded from revenues 29 generated from bonds dedicated to the Work. 30 31 END OF SECTION 32 33 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00100 -1 1 SECTION 00100 2 INSTRUCTIONS TO BIDDERS 3 4 5 1. Defined Terms. 6 7 Terms used in these Instructions to Bidders, which are defined in Section 00700 - General 8 Conditions, have the meanings assigned to them in the General Conditions. 9 10 Certain additional terms used in these Instructions to Bidders have the meanings indicated 11 below which are applicable to both the singular and plural thereof. 12 13 1.1. BIDDER -one who submits a Bid directly to OWNER as distinct from a sub - bidder, 14 who submits a bid to a BIDDER. 15 16 1.2. Issuing Office -the office from which the Bidding Documents are to be issued and 17 where the bidding procedures are to be administered. 18 19 1.3. Successful BIDDER -the lowest, responsible and responsive BIDDER to whom 20 OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. 21 22 1.4. Construction, demolition, destruction are terms all used interchangeably to define the 23 work required to dismantle the tank and its accessories and remove them from site. 24 25 2. Copies of Bidding Documents. 26 27 2.1. Complete sets of the Bidding Documents in the number and for the price stated in the 28 Advertisement or Invitation to Bid may be obtained from the Issuing Office. 29 30 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER 31 nor ENGINEER assume any responsibility for errors or misinterpretations resulting from 32 the use of incomplete sets of Bidding Documents. 33 34 2.3. OWNER and ENGINEER in making copies of Bidding Documents available on the 35 above terms do so only for the purpose of obtaining Bids for the Work and do not confer a 36 license or grant for any other use. 37 38 3. Qualifications of BIDDERS. 39 40 To demonstrate qualifications to perform the Work, each BIDDER must be prepared to 41 submit within 5 days after Bid opening, upon OWNER's request, detailed written evidence, 42 such as financial data, previous experience, present commitments, and other such data as 43 may be called for below (or elsewhere in the Contract Documents). Each Bid must contain 44 evidence of BIDDER's qualificationto do business in the state where the Project is located 45 or covenant to obtain such qualification prior to award of the contract. 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00100 -2 1 2 4. Examination of Contract Documents and Site. 3 4 4.1. It is the responsibility of each BIDDER before submitting a Bid to: 5 6 4.1.1. Examine thoroughly the Contract Documents and other related data identified in the 7 Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). 8 9 4.1.2. Visit the site to become familiar with and satisfy BIDDER as to the general, local and 10 site conditions that may affect cost, progress, performance or furnishing of the Work. 11 12 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, 13 performance or furnishing of the Work. 14 15 4.1.4. Study and carefully correlate BIDDER'S knowledge and observations with the 16 Contract Documents and such other related data. 17 18 4.1.5. Promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies in 19 or between the Contract Documents and such other related documents. 20 21 When conflicts, errors, ambiguities or discrepancies are discovered in or between Contract 22 Documents and/or other related documents, and when said conflicts, etc., have not been 23 resolved through the interpretations by ENGINEER as described in Paragraph 6., BIDDER 24 shall include in the Bid the greater quantity or better quality of Work, or compliance with 25 the more stringent requirement resulting in a greater cost. Such greater cost shall be 26 included in the Bid. 27 28 4.2. Before submitting Bid, each BIDDER will be responsible to obtain such additional 29 or supplementary examinations, investigations, explorations, tests, studies and data 30 concerning conditions (surface, subsurface and Underground Facilities) at or contiguous 31 to the site or otherwise, which may affect cost, progress, performance or fumishing of the 32 Work or which relate to any aspect of the means, methods, techniques, sequences or 33 procedures of construction to be employed by BIDDER and safety precautions and 34 programs incident thereto or which BIDDER deems necessary to determine its Bid for 35 performing and furnishing the Work in accordance with the time, price and other terms 36 and conditions of the Contract Documents. 37 38 4.3. On request, OWNER will provide each BIDDER access to the site to conduct such 39 examinations, investigations, explorations, tests and studies as each BIDDER deems 40 necessary for submission of a Bid. BIDDER must fill all holes and clean up and restore the 41 site to its former conditions upon completion of such explorations, investigations, tests and 42 studies. 43 44 OWNER's contact person for site access for examinations, investigations, or explorations is: 45 Mr. Steve Miller, P.E. (512) 218 -6601. 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 07225.031.036 00100 -3 1 2 4.4. The submission of a Bid will constitute an incontrovertible representation by BIDDER 3 (i) that BIDDER has complied with every requirement of this Article 4, (ii) that without 4 exception the Bid is premised upon performing and furnishing the Work required by the 5 Contract Documents and applying the specific means, methods, techniques, sequences or 6 procedures of construction (if any) that may be shown or indicated or expressly required by 7 the Contract Documents, (iii) that BIDDER has given ENGINEER written notice of all 8 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written 9 resolutions thereof by ENGINEER are acceptable to BIDDER, and when said conflicts, etc., 10 have not been resolved through the interpretations by ENGINEER as described in Paragraph 11 6., BIDDER has included in the Bid the greater quantity or better quality of Work, or 12 compliance with the more stringent requirement resulting in a greater cost, and (iv) that the 13 Contract Documents are generally sufficient to indicate and convey understanding of all 14 terms and conditions for performing and furnishing the Work. 15 16 4.5. The provisions of 4.1. through 4.7., inclusive, do not apply to Asbestos, Polychlorinated 17 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 18 Paragraph 4.5. of the General Conditions. 19 20 5. Availability of Lands for Work, Etc. 21 22 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 23 access thereto and other lands designated for use by CONTRACTOR in performing the 24 Work are identified in the Contract Documents. All additional lands and access thereto 25 required for temporary construction facilities, construction equipment or storage of materials 26 and equipment to be incorporated in the Work are to be obtained and paid for by 27 CONTRACTOR. Easements for permanent structures or permanent changes in existing 28 facilities are to be obtained and paid for by OWNER unless otherwise provided in the 29 Contract Documents. 30 31 5.1.1. BIDDERS shall base their bids on the final and the approximate easement lines as so 32 indicated on the Contract Drawings. If final easement lines differ materially from those 33 shown, the successful BIDDER may claim appropriate extra compensation as provided in 34 the Contract Documents. 35 36 6. Interpretations and Addenda. 37 38 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed 39 to ENGINEER in writing. Interpretations or clarifications considered necessary by 40 ENGINEER in response to such questions will be issued by Addenda mailed or delivered to 41 all parties recorded by ENGINEER as having received the Bidding Documents. Questions 42 received less than 5 days prior to the date for opening of Bids may not be answered. Only 43 questions answered by formal written Addenda will be binding. Oral and other 44 interpretations or clarifications will be without legal effect. 45 Address questions to: City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00100 -4 1 2 HDR Engineering, Inc. 3 2211 South IH -35, Suite 300 4 Austin, Texas 78741 5 Attn: Mr. Jim Yurczyk, P.E. 6 Phone: (512) 912 -5100 7 Fax: (512) 442-5069 8 9 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 10 OWNER or ENGINEER 11 12 7. Bid Security. 13 14 7.1. Each Bid must be accompanied by Bid security made payable to OWNER in an 15 amount of 5 percent of BIDDER's maximum Bid price and in the form of a certified or bank 16 check or a Bid Bond on form attached, issued by a surety meeting the requirements of 17 paragraph 5.1. of the General Conditions. 18 19 7.2. The Bid security of Successful BIDDER will be retained until such BIDDER has 20 executed the Agreement, furnished the required contract security and certificates of 21 insurance and met the other conditions of the Notice of Award, whereupon the Bid security 22 will be returned. If the Successful BIDDER fails to execute and deliver the Agreement and 23 furnish the required contract security and certificates of insurance within 15 days after the 24 Notice of Award, OWNER may annul the Notice of Award and the Bid security of that 25 BIDDER will be forfeited. The Bid security of other BIDDERS whom OWNER believes to 26 have a reasonable chance of receiving the award may be retained by OWNER until the 27 earlier of the 7th day after the Effective Date of the Agreement or the 36th day (time period 28 for award plus 1 day) after the Bid opening, whereupon Bid security furnished by such 29 BIDDERS will be returned. Bid security with Bids which are not competitive will be 30 returned within 7 days after the Bid opening. 31 32 8. Contract Times. 33 34 The number of days within which, or the dates by which, the Work is to be substantially 35 completed and also completed and ready for final payment is set forth in the Agreement or 36 incorporated therein by reference to the attached Bid form. 37 38 9. Liquidated Damages. 39 40 Provisions for liquidated damages, if any, are set forth in the Agreement or incorporated 41 therein by reference to the attached Bid form. 42 43 10. Substitute and "Or- Equal" Items. 44 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No 4 A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00100 -5 1 The Contract, if awarded, will be on the basis of materials and equipment described in the 2 drawings or specified in the Specifications without consideration of possible substitute or 3 "or- equal" items. Whenever it is indicated in the drawings or specified in the Specifications 4 that a "substitute" or "or- equal" item of material or equipment may be furnished or used by 5 CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be 6 considered by ENGINEER until after the Effective Date of the Agreement. The procedure 7 for submission of any such application by CONTRACTOR and consideration by 8 ENGINEER is set forth in Paragraphs 6.7.1., 6.7.2. and 6.7.3. of the General Conditions and 9 may be supplemented in the General Requirements. 10 11 11. Subcontractors, Suppliers and Others. 12 13 11.1 BIDDER shall list on the Bid form in the place provided the name, address, and 14 description of Work of each Subcontractorto whom BIDDER proposes to subcontract 15 portions of the Work in excess of 15 percent of the total amount of BID. 16 17 11.2 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other 18 person or organization against whom CONTRACTOR has reasonable objection. 19 20 12. Bid Form. 21 22 12.1. The Bid form is included with the Bidding Documents; additional copies may be 23 obtained from ENGINEER (or the Issuing Office). 24 25 12.2. All blanks on the Bid form must be completed by printing in black ink or by 26 typewriter. 27 28 12.3. Bids by corporations must be executed in the corporate name by the president or a 29 vice - president (or other corporate officer accompanied by evidence of authority to sign) and 30 the corporate seal must be affixed and attested by the secretary or an assistant secretary. The 31 corporate address and state of incorporation must be shown below the signature. 32 33 12.4. Bids by partnerships must be executed in the partnership name and signed by a 34 partner, whose title must appear under the signature and the official address of the 35 partnership must be shown below the signature. 36 37 12.5. All names must be typed or printed in black ink below the signature. 38 39 12.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of 40 which must be filled in on the Bid form). 41 42 12.7. The address and telephone number for communications regarding the Bid must be 43 shown. 44 07225,031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00100 -6 1 12.8. Evidence of authority to conduct business as an out -of -state corporation in the state 2 where the Work is to be performed shall be provided in accordance with Paragraph 3 above. 3 State CONTRACTOR license number, if any must also be shown. 4 5 12.9. BIDDERS must submit a Bid for each of the separated bid items and sections of the 6 Work described in the Contract Documents and any combination of bid items and sections 7 of the Work as provided for in the Bid form. 8 9 13. Submission of Bids. 10 11 Bids shall be submitted on the prescribed Bid form, provided with the Bidding Documents, 12 at the time and place indicated in the Advertisement or Invitation to Bid, addressed to the 13 City of Round Rock, and shall be enclosed in an opaque sealed envelope, marked with the 14 Project title and, the name and address of BIDDER, and accompanied by the Bid security 15 and other required documents. If the Bid is sent through the mail or other delivery system, 16 the sealed envelope shall be enclosed in a separate envelope with the notation "BID 17 ENCLOSED" on the face of it. 18 19 14. Modification and Withdrawal of Bids. 20 21 14.1. Bids may be modified or withdrawn by an appropriate document duly executed in the 22 manner that a Bid must be executed and delivered to the place where Bids are to be 23 submitted at any time prior to the opening of Bids. 24 25 14.2. If, within 24 FIRS after Bids are opened, any BIDDER files a duly signed, written 26 notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of 27 OWNER that there was a material and substantial mistake in the preparation of its Bid, that 28 BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that 29 BIDDER will be disqualified from further bidding on the Work to be provided under the 30 Contract Documents. 31 32 15. Opening of Bids. 33 34 Bids will be opened and (unless obviously non - responsive) read aloud publicly at the place 35 where Bids are to be submitted. An abstract of the amounts of the base Bids and major 36 alternates (if any) will be made available to BIDDERS after the opening of Bids. 37 38 16. Bids to Remain Subject to Acceptance. 39 40 All Bids will remain subject to acceptance for the time period specified for Notice of Award 41 and execution and delivery of Agreement and required Contract security and certificate of 42 insurance by Successful Bidder. OWNER may, at Owner's sole discretion, release any Bid 43 and return the Bid security prior to that date. 44 45 17. Award of Contract. 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 07225.031.036 00100 -7 1 2 17.1. OWNER reserves the right to reject any or all Bids, including without limitation the 3 rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 4 and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best 5 interest of the Project to make an award to that BIDDER, whether because the Bid is not 6 responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any 7 other pertinent standard or criteria established by OWNER. 8 9 OWNER also reserves the right to waive all informalities not involving price, time or 10 changes in the Work and to negotiate contract terms with the Successful BIDDER. 11 Discrepancies between the multiplication of units of Work and unit prices will be resolved 12 in favor of the unit prices. Discrepancies between the indicated sum of any column of 13 figures and the correct sum thereof will be resolved in favor of the correct sum. 14 Discrepancies between words and figures will be resolved in favor of the words. 15 16 Any or all bids will be rejected if OWNER has reason to believe that collusion exists among 17 the BIDDERS. 18 19 17.2. In evaluating Bids, OWNER will consider the qualifications of BIDDERS, whether or 20 not the Bids comply with the prescribed requirements, and such alternates, unit prices and 21 other data, as may be requested in the Bid form or prior to the Notice of Award. 22 23 17.3. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, 24 and other persons and organizations proposed for those portions of the Work as to which the 25 identity of Subcontractors, Suppliers, and other persons and organizations must be submitted 26 as provided in the Supplementary Conditions. OWNER also may consider the operating 27 costs, maintenance requirements, performance data and guarantees of major items of 28 materials and equipment proposed for incorporation in the Work when such data is required 29 to be submitted prior to the Notice of Award. 30 31 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in 32 the evaluation of any Bid and to establish the responsibility, qualifications and financial 33 ability of BIDDERS, proposed Subcontractors, Suppliers and other persons and 34 organizations to perform and fumish the Work in accordance with the Contract Documents 35 to OWNER's satisfaction within the prescribed time. 36 37 17.5. If the contract is to be awarded, it will be awarded to lowest BIDDER whose 38 evaluation by OWNER indicates to OWNER that the award will be in the best interests of 39 the Project. 40 41 17.6. If the contract is to be awarded, OWNER will give Successful BIDDER a Notice of 42 Award within 60 days after the day of the Bid opening. No other act of OWNER or others 43 will constitute acceptance of a Bid. 44 45 18. Contract Security. City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00100 -8 1 2 Paragraph 5.1. of the General Conditions and the Supplementary Conditions set forth 3 OWNER's requirements as to performance and payment Bonds. When the Successful 4 BIDDER delivers the executed Agreement to OWNER, it must be accompanied by the 5 required performance and payment Bonds. 6 7 19. Signing of Agreement. 8 9 When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied 10 by the required number of unsigned counterparts of the Agreement. Within 15 days 11 thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the 12 Agreement to OWNER with the required Bonds and certificates of insurance. Within 10 13 days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR. 14 15 20. Sales and Use Taxes. 16 17 OWNER is exempt from Texas State Sales and Use Taxes on materials and equipment to be 18 incorporated in the Work. Said taxes shall not be included in the Contract Price. Refer to 19 Supplementary Conditions SC -6.15. for additional information. 20 21 21. Retainage 22 23 Provisions concerning retainage are set forth in the Agreement, or incorporated into the 24 attached Bid Form. 25 26 22. Reporting Requirements 27 28 Contractor shall comply with Texas Worker's Compensation Commission Rule 28 TAC 29 Article 110.110. 30 31 23. Prevailing Wage Rates 32 33 Contractor shall comply with State of Texas laws regarding wages paid for Work on this 34 Project. Prevailing wages are included in Section 00830. 35 36 END OF SECTION 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Round Rock WATER SYSTEM IMPROVEMENTS CHISHOLM VALLEY STANDPIPE DEMOLITION JULY 1999 CONTRACT DOCUMENTS To: Project Description: City of Round Rock Water System Improvements Contract No. 4A — Chisholm Valley Standpipe Demolition The OWNER has considered the Bid submitted by you for the above - described Work in response to its Notice to Bidders. You are hereby notified that your Bid has been accepted in the amount of 534,000. Please indicate your acceptance of this award by returning a signed copy of this Notice. This Notice of Award is accompanied by five (5) copies of the unsigned Agreement. Please sign (but do not date) the Agreements and return to HDR Engineering, Inc. along with the other required documents. The Owner will date the Agreement at the time of execution. You are required by Articles 2 and 5 of the General Conditions to furnish the CONTRACTOR'S Performance Bond, Payment Bond, and Certificates of Insurance. The Bonds are to become contract documents between the OWNER and CONTRACTOR. Execution of the Resolution of Contractor is also required as documentation of authority to sign the Agreement and other Contract documents. Reference is made to the Supplementary Conditions for other pertinent information relating to insurance. If you fail to execute said Agreement and to furnish said bonds and other required documents within fifteen (15) days from the date of receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. Dated this 'Z-V day of Receipt of the abo a NOTICE OF AWARD is hereby acknowledged on this, the of - S y , 1999. By: Title: rres Mr. Raymond Rcveile A & R Demolition, Inc. 13201 FM 812 Del Valle, Texas 78617 NOTICE OF AWARD JV n , 1999. CITY OF ROUND ROCK, TEXAS OWNER By: Title: F/1 ACCEPTANCE OF NOTICE day 1.. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00500 2 AGREEMENT 3 4 THE STATE OF TEXAS § 5 6 COUNTY OF WILLIAMSON § 7 8 9 THIS AGREEMNT, made and entered into this 10' day of 10 , 19q4, by and between (Owner) City of Round Rock, Texas of the 11 St of Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to 12 do, hereinafter termed OWNER, and ( Contractor) ,4 e �e�noli h B,eT c, of 13 De/ VAAL, , Texas, County of Travi's , and State of Texas, hereinafter 14 termed CONTRACTOR. 15 16 WITNESSETH: That for and in consideration of the payments and agreements 17 hereinafter mentioned, to be made and performed by OWNER, and under the conditions 18 expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with 19 the said OWNER to commence and complete the construction of certain improvements 20 described as follows: �[ p 21 P yr ra �7`an U 9 ) /l i,2e. 22 23 24 Further described as the work covered by this specification consists of furnishing all the 25 materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other 26 accessories and services necessary to complete the said construction, in accordance with 27 the conditions and prices stated in the Proposal attached hereof, and in accordance with 28 the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, 29 Special Conditions, Technical Specifications, Plans, and other drawings and printed or 30 written explanatory material thereof, and the Specifications and Addenda therefor, as 31 prepared by 32 ti inn_ l � 61 n..EFrR.., J6 I . 33 34 herein entitled the ENGINEER, each of which has been identified by the 35 CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the 36 Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and 37 constitute the entire contract. 38 39 The CONTRACTOR hereby agrees to commence work within l d calendar 40 days after the date written notice to do so have been given to him, and to complete the 41 same within lo o calendar days after the date of the written Notice to Proceed, 42 subject to such extensions of time as are provided by the General and Special Conditions. 43 07225.031.036 00500 -1 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00500 -2 1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices 2 shown in the Proposal, which forms a part of this Contract, such payments to be subject 3 to the General and Special Conditions of the Contract. 4 5 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in 6 the year and day first above written. 7 8 CITY OF ROUND ROCK, TEXAS 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 23 City Secretary 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Corporate Seal 39 40 41 42 07225.03 1 036 OMNU, YaA.iL END OF SECTION )Fi0"1".4c/ (CONTRACTOR) BY: 2 ... .� omits P/le C� f ( yped name) (Title) ATTEST: Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State (The following to be executed if the Contractor is a Corporation.) I, Hil(ect e,ve je,_ , certify that I am the Secretary of the Corporation named as Contractor herein; that ct,u Qw "° 2eyrt �p , who signed this Contract on behalf of the Contractor was t enn IP„p s a.a. -, j (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. City of Round Rock Water System Improvements April 1999 Contract No 4A - Chisholm Valley Standpipe Demolition 00301 -1 SECTION 00301 2 BID FORM 3 4 5 PROJECT IDENTIFICATION: City of Round Rock Water System Improvements 6 Contract No. 4A — Chisholm Valley Standpipe 7 Demolition 8 9 THIS BID IS SUBMITTED TO: The City of Round Rock, Texas, herein after 10 referred to as OWNER. 11 12 1. Enter Into Agreement. 13 14 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an 15 Agreement with OWNER in the form included in the Contract Documents to perform and 16 furnish all Work as specified or indicated in the Contract Documents for the Bid Price 17 and within the Bid Times indicated in this Bid and in accordance with the other terms and 18 conditions of the Contract Documents. 19 20 2. BIDDER Accepts. 21 22 BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid 23 and Instructions to Bidders, including without limitation those dealing with the 24 disposition of Bid security. This Bid will remain subject to acceptance for 60 days after 25 the day of Bid opening. BIDDER will sign and deliver the required number of 26 counterparts of the Agreement with the Bonds and other documents required by the 27 Bidding Requirements within 15 days after the date of OWNER's Notice of Award. 28 29 3. BIDDER's Representations. 30 31 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, 32 that: 33 34 a. BIDDER has examined and carefully studied the Bidding Documents and the 35 following Addenda receipt of all, which is hereby acknowledged: (List 36 Addenda by Number and Date) 37 38 ADDENDA A NO. DATE 39 `% -mil- 1Y 40 1%). d Y- Y5 41 42 43 b. BIDDER has visited the site and become familiar with and is satisfied as to 44 the general, local and site conditions that may affect cost, progress, 45 performance and furnishing of the Work. 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00301 -2 1 c. BIDDER is familiar with and is satisfied as to all federal, state and local Laws 2 and Regulations that may affect cost, progress, performance and furnishing of 3 the Work. 4 5 d. BIDDER has obtained and carefully studied (or assumes responsibility for 6 having done so) all such additional or supplementary examinations, 7 investigations, explorations, tests, studies and data concerning conditions 8 (surface, subsurface and Underground Facilities) at or contiguous to the site or 9 otherwise which may affect cost progress, performance or furnishing of the 10 Work or which relate to any aspect of the means, methods, techniques, 11 sequences and procedures of construction to be employed by BIDDER and 12 safety precautions and programs incident thereto. 13 14 e. BIDDER does not consider that any additional examinations, investigations, 15 explorations, tests, studies or data are necessary for the determination of this 16 Bid for performance and furnishing of the Work in accordance with the times, 17 price and other terms and conditions of the Contract Documents. 18 19 f. BIDDER has correlated the information known to BIDDER, information and 20 observations obtained from visits to the site, reports and drawings identified in 21 the Contract Documents and all additional examinations, investigations, 22 explorations, tests, studies and data with the Contract Documents. 23 24 g. BIDDER has given ENGINEER written notice of all conflicts, errors, 25 ambiguities or discrepancies in the Contract Documents and the written 26 resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract 27 Documents are generally sufficient to indicate and convey understanding of 28 all terms and conditions for performing and furnishing the Work for which 29 this Bid is submitted. 30 31 h. Where conflicts, errors, ambiguities or discrepancies have been discovered in 32 or between Contract Documents and/or other related documents, and where 33 said conflicts, etc., have not been resolved through the interpretations or 34 clarifications by ENGINEER as described in the Instructions to Bidders; 35 because of insufficient time or otherwise, BIDDER has included in the Bid the 36 greater quantity or better quality of Work, or compliance with the more 37 stringent requirement resulting in a greater cost. 38 39 i. This Bid is genuine and not made in the interest of or on behalf of any 40 undisclosed person, firm or corporation and is not submitted in conformity 41 with any agreement or rules of any group, association, organization or 4 2 corporation; BIDDER has not directly or indirectly induced or solicited any 43 other BIDDER to submit a false or sham Bid; BIDDER has not solicited or 4 induced any person, firm or corporation to refrain from bidding; and BIDDER 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 11 has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. 3 4 4. Bid Prices. 5 6 BIDDER will complete the Work in accordance with the Contract Documents for the 7 following price(s) as indicated on the completed bid price form. Unit and lump sum 8 prices must be shown in words and figures for each item listed, and in the event of 9 discrepancy, words shall govern. 10 Bid Item Description and Unit Price Estimated No. in words Quantity Unit Total Price 1. Mobilization (maximum 5% of total bid) $ Se lu :4 - c.1 dollars and b o cents. 1 LS S % 700. 60 i 2. Demolish Steel Tank (500,000 gal.) and appurtenances and remove from site complete 1 LS S / ^' oau. 626 $ 0 ,—, kcusu,,j dollars and e cents. 3. Demolish concrete slab and all above ground and buried piping, valving and miscellaneous plumbing as 1 LS $ 9, S a‘' °,-) indicated r•6 4 +LC 5 �.� r<2_ �4- .,LL - /F! dollars and 06. cents. 4. Regrade and seed site to contours and specifications indicated rcu-- llu .:MS1 1 LS 5 y -g6'p- v0 $ e ;1 k,...et e,, dollars and O!i cents. Total Amount Bid 4 3 y bob. (in figures) , Total Amount Bid / �t rt y ro�rr 7 Sii,1, DDS -vs Y �do (in words) BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 07225.031.036 00301 -3 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00301 -4 1 5. Completion. 2 3 BIDDER agrees that the Work will be substantially completed and completed and ready 4 for final payment in accordance with paragraph 14.8 of the General Conditions on or 5 before the dates or within the number of calendar days indicated below: 6 7 Substantial Completion 45 -days 8 Final Completion 60 -days 9 10 6. Liquidated Damages. 11 12 BIDDER accepts the provisions of the General Conditions as to liquidated damages in 13 the event of failure to complete the Work within the times specified. Liquidated 14 Damages for failing to complete the Work indicated shall be assessed as indicated below: 15 16 Substantial Completion $250 /day 17 Final Completion $150 /day 18 19 7. Attached Documents. 20 2 1 The following documents are attached to and made a condition of this Bid'. 22 a. Required Bid Security in the form of - co - 23 b. A tabulation of the subcontractors, suppliers and other persons and organ izations 24 required to be identified in this Bid. 25 c. Section 00302. 26 d. Section 00303. 27 28 29 7. Address for Communications. 30 31 Communications conceming this Bid shall be addressed to: 32 33 HDR Engineering, Inc. 34 2211 S. IH-35, Ste. 300 35 Austin, TX 78741 36 (512) 912 -5100 37 Attn: Mr. Jim Yurczyk, P.E. 38 39 8. Defined Terms. 40 41 Terms used in this Bid which are defined in the General Conditions or Instuctions will 42 have the meanings indicated in the General Conditions or Instructions. 43 44 SUBMITTED on Aac{ y , 19 ei 2. 45 � . 07225.031.036 City of Round Rock Water System Improvements Ap.ril 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition _ 1 If BIDDER is: 3 An Individual 4 5 By 6 7 8 doing business as 9 10 Business address: 11 12 Phone No.: 13 14 15 16 A Partnership 17 18 By 19 20 21 22 23 24 Business address: 25 26 27 Phone No.: 28 29 07225.031.036 (Individual's name) (Firm name) (General partner) (SEAL) (SEAL) 00301 -5 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Ch isholm Valley Standpipe Demolition 43 44 45 00301 -6 1 A Corporation 2 3 By /9' t be/14)4 , C (SEAL) 4 (Corporation name) 5 6 7 8 9 By u�}y z ,n�,t 1■ (SEAL) 10 J (Name of person authorized to sign) 11 12 13 14 15 16 (Corporate Seal) 18 Attest — 18 < CPJ /}„c�re�. 'f,evt,le 19 20 21 Business address: ' ) 6 i� I )_ 22 23 !De) 110(e , / k 7 k li / 24 25 PhoneNo.: 5%— � /3 26 27 28 A Joint Venture 29 30 By (SEAL) 31 (Name) 32 33 (Address) 34 35 By (SEAL) 36 (Name) 37 38 (Address) 39 40 41 Phone number and address for receipt of official communications: 42 07225.031.036 (State of incorporation) (Title) (Secretary) City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition _ '2 NOTE: Each joint venturer must sign. The manner of signing for each individual. 3 partnership and corporation that is a party to the joint venture should be in the manner 4 indicated above_ 5 6 END OF SECTION 7 07225.031.036 00301 City of Round Rock Water System Improvements April 1999 Contract No 4A - Chisholm Valley Standpipe Demolition RtDDER (Neale and Address); SURIErY (Name and Address qt Pdndpaf Place of Ru$Iness): Commercial Indemnity Insurance Company 2550 South I8 -35, Suite 100 OWNER (Name and Address): BIDDER By: " "N'"Y . ou- Signature and Title Attest: Signature and Title EJCDC NO. 1810 -2&C (1990 Edition) A &R Demolition, Inc. ' 13201 Del Valle, Texas 78617 Austin, Texas 78704 City of Round Rock 211 E. Main Street Round Rock, Texas 78664 BOND BD39936 BOND NUMBER: DATE: (Not later than Bid Due Dale): May 3, 1999 PENAL SUM Five (5 %) Percent of the amount bid Stand Pipe Demolition, Project No. 4A. S ;t14rC1 BID BOND SURETY Note: (1) Above addresses are to be used forgiving required notice. (2) Any singular referenoe to Bidder, Surety, Owner or other party shall be considered plural where applicable. PENAL SUM FORM BID BID DUE DATE: May 4, 1999 PROJECT (Brief Description Including LcuaUon): City of Round Rock Water System Improvements - Chisholm Valley IN WITNESS WHEREOF, Surety and Bidder, Intending to be legally bound hereby, subject to the terms printed on the reverse side hereof. do each ce..use this Bid Bond to be duly executed on Its behalf by its authorized officer, agent or representative. A & R Demolition, Inc. (Seal) Commercial Indemnity Insurance Comp Bidder's Name end Corporate Seal Surety's Name and Qorpo = ,= Seal Signature and Trtte Sandra - Denton (Attach rofAttomey) Attorney - In. --Fact Attest: j OAA Alas_ N lAx4 Signature and Title Bond Assistant I Indemnity Insurance Company COMMERCIAL BD39936 l a. Box 67 INDEMNITY INSURANCE CO. POWER OF ATTORNEY ustin, Texas. 78741 rN OW ALL MEN BY THESE PRESENTS: a the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12 O y of May, 1996, to wit: esolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attomey- In -Fact, such persons, firms, or corporations as may be selected from time to time. l e It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall it valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid Mid binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: Sandra Denton ate of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. Ie d to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by e duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority rein given, are hereby ratified and confirmed. I I WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 1 l ate of Texas County of Travis I n this 12 day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and 'knowledged to me that the Corporation executed it. I mmission Expires 5 -20 -98 CERTIFICATE the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power Attorney and Certificate of Authority remains in full force and has not been revoked: gned and Sealed at the said Company at Austin, Texas dated this 3rd 1 1 John W. Schuler. President Shannon McBride, Notary Public iLfJ,Lu, day of May , 19 99 1 7? Paul Camcron. Secretary f n nil vo +ca 1 SECTION 00302 2 VENDOR COMPLIANCE TO STATE LAW 3 4 5 The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of 6 contracts to non - resident bidders. This law provides that, in order to be awarded a 7 contract as low bidder, non - resident bidders (out of state contractors whose corporate 8 officers or principal place of business are outside of the state of Texas) bid projects for 9 construction, improvements, supplies or services in Texas at an amount lower than the 10 lowest Texas resident by the same amount that a Texas resident bidder would be required 11 to underbid a non - resident bidder in order to obtain a comparable contract in the state in 12 which the non - resident's principal place of business is located. The appropriate blanks in 13 Section A must be filled out by all out -of -state or non - resident bidders in order for your 14 bid to meet specifications. The failure of out -of -state or non - resident contractors to do so 15 will automatically disqualify that bidder. Resident bidders must check the line in Section 16 B. 17 18 A. Non - resident bidder in (give state), our principal place 19 of business, are required to be percent lower than resident bidders 20 by state law. 21 22 Non - resident vendors in (give state), our principal place 23 of business, are not required to underbid resident bidders. 24 25 B. Our ncipal place of business or corporate offices are in the State of Texas. 26 27 28 29 BIDDER: ff J I re. De /71 i IirA xit - -J�t� - By: (Company Narn ) Address: ) T D J F Signature: Title: 30 31 32 33 34 35 07225 - 031.036 Ac l U't 11 r� I X 1A 7 City State Zip THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL END OF SECTION 00302 -1 1��4v r,7 1 /C P; (P ease Print) (Please Print/ City of Round Rock Water System Improvements , April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition SECTION 00303 2 BIDDER'S QUESTIONNAIRE 00303 -1 3 4 5 The following information is required for evaluation of the low Bidder's qualifications 6 and experience. Complete this form and return it with the Proposal. 7 � 1 � 8 1. Bidder: /9 4l �J9n701;bew ,- 1C - 9 10 2. Years in business under present business name: 7 11 12 3. Attach a list of similar projects completed in the past five years. Provide the name of 13 the Owner and Engineer for each project and include the name and telephone number 14 of the contact person for each organization. 15 16 4. Attach a list of current projects. Provide the name of the Owner and Engineer for 17 each project and include the name and telephone number of the contact person for 18 each organization. Indicate the total value of each contract and the value of the work 19 remaining. 20 21 5. Have you ever failed to complete any work awarded to you? 22 No > Yes If yes, explain: 23 24 25 26 6. Are you presently involved in any litigation or lawsuits involving construction work 27 of any type? 28 No Yes If yes, explain: 29 30 31 32 7. Identify the individuals you propose to serve in the following functions and list the 33 project and contract value of the most recent project they served in the same capacity 34 on: 35 36 Project Manager: C\a yw, c ,„ ,o/ 2a v ,; r t z 37 Previous Project: 38 Project Superintendent: VJ, s I? 2. ck 39 Previous Project: NITS k: r _ / / ,, 40 41 8. Identify your principal bank: fver A k 42 Contact Person: 5 k z nom Cc 1/ r c Phone: 5 1- 43 z �� /S 7ac r, 44 9. Identify your bonding company /agent: /11 .L ,, Le 45 Contact Person: av,t� u1)ew Phone: , .�- y 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00303 -2 1 ? V; /1c 2 10. What percent of annual volume is in water tank demolition. 3 4 11. Has the company demolished at least 10 reservoirs larger than 0.5 MG in the past five 5 years? N J 6 7 12. Volume of gross construction business during the last three years: 8 9 1998 $ SOO GOO.Ov 10 1997 $ & CV. 11 1996 $ 1/4/` one . no 12 13 13. Has the company received an OSHA citation during the most recent 12 mos.? 14 (Yes or No). If Yes, then how many and for what? JJ 15 16 17 18 14. How many lost time accidents has the company had in the last year? )p 19 If any, then describe accidents and amounts of time lost. 20 21 22 THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL 23 24 4 END OF SECTION 25 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition _ A & R DEMOLITION, INC. .. ........ .. ... ...MMMMM•......•MMMMM.......... 13201 FM 812 • DEL VALLE, TX 78617 • Telephone 512- 243-2913 - Fax 512- 243 -2990 MAY 4, 1999 ALL WORK FOR THIS PROJECT WILL BE DONE IN HOUSE. RAYMOND REVEILE PRESIDENT A & R DEMOLITION, INC. A & RDEMOLITION, INC. ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■■ 13201 FM 512 DEL VALLE, TX. 78617 • Telephone 512 - 243 -2913 • Fax 512- 243 -2990 LISTED BELOW ARE SOME OF THE JOBS COMPLETED BY OUR COMPANY WITH REFERENCES AND YEARS DONE IN: JOB DONE IN YEAR 1995: 1) THE EOB OFFICE BUILDING IN AUSTIN, TX. CONTRACTOR: McCOMB CONSTRUCTION - ATTN: JIM McCOMB, 512 - 385 -5555 JOB DESCRIPTION: GUTTED 8 FLOORS - 80,000 TOTAL SQUARE FOOTAGE. TIME FRAME: 60 WORKING DAYS. JOBS DONE IN YEAR 1996• 2) THE DART BOWL BUILDING IN AUSTIN, TX. CONTRACTOR: PINNACLE CONSTRUCTION - ATTN: BETH SELBE, 512- 448 -4838 JOB DESCRIPTION: DID BRICK CUTTING AND INTERIOR DEMO - 26,000 TOTAL SQUARE FOOTAGE. TIME FRAME: 30 WORKING DAYS. 3) CITY OF AUSTIN - ATTN: TERRI HASBROUCK, 512- 499 -2362 JOB DESCRIPTION: CONTRACT TO TEAR DOWN ABANDONED AND BURNED STRUCTURES, APPROXIMATELY 30 -40 A YEAR. THIS WAS THE FIRST YEAR THAT A & R DEMOLITION WAS AWARDED THE CONTRACT. TIME FRAME: COMPLETION OF DEMO FOR EACH STRUCTURE RANGES ANYWHERE FROM 2 -5 WORKING DAYS. 4) THE STEPHEN F. AUSTIN OFFICE BUILDING IN DOWNTOWN AUSTIN, TX. CONTRACTOR: ASBESTOS REMOVAL - ATTN: RON OSBORN, 915- 333 -4832 JOB DESCRIPTION: GUTTED ENTIRE 33,000 SQ. FT.11th. FLOOR. BUILDING WAS OCCUPIED WHILE A&R DID DEMOLITION WORK. TIME FRAME: 20 WORKING DAYS. 5) THE DRISKILL HOTEL IN DOWNTOWN AUSTIN, TX. CONTRACTOR: SEELY CONSTRUCTION - ATTN: FRANK SEELY,512- 479 -6627 JOB DESCRIPTION: DEMOED THE 4th. AND 11th. FLOORS. TIME FRAME: 14 WORKING DAYS. 6) NEIGHBORHOOD AND HOUSING OF AUSTIN, ATTN: KEISHA GREY, 512 -499 -3147 JOB DESCRIPTION: DEMOED TWO HOMES. TIME FRAME: 6 WORKING DAYS. JOBS DONE IN YEAR 1997 7) THE BRAZOS LOFTS IN AUSTIN, TX. CONTRACTOR: SUTTON LOFTS COMPANY - ATTN: BUSTER HOFFMASTER, 512- 494 -1221 JOB DESCRIPTION: COMPLETELY GUTTED 2 -LEVEL BUILDING, BASEMENT AND REMOVED ELEVATORS - 60,000 TOTAL SQUARE FOOTAGE. TIME FRAME: 45 WORKING DAYS. 8) TWO CHUCKIE CHEESE PIZZA'S AND ROSS DRESS FOR LESS IN AUSTIN,TX. CONTRACTOR: MILA PROPERTIES - ATTN: DAVID BONIUCK, 512- 244 -9361 JOB DESCRIPTION: TOOK DOWN CONCRETE CANOPIES IN FRONT OF BUILDINGS. TIME FRAME: 7 WORKING DAYS. 9) THE OLD BERGSTROMAIR FORCE BASE SITE IN AUSTIN, TX. CONTRACTOR: J.C. EVANS CONSTRUCTION - ATTN: BOB MILIKEN, 512- 244 -1400 JOB DESCRIPTION: TOOK UP 70,000 SQ. FT. SLAB FROM UNDER THE OLD HOSPITAL - GETTING SITE READY FOR NEW AIRPORT. TIME FRAME: 30 WORKING DAYS. 10) CITY OF AUSTIN - ATTN: TERRI HASBROUCK, 512- 499 -2362 SECOND YEAR CONTRACT (SEE #3 ABOVE FOR DETAILS.) JOBS COMPLETED IN YEAR 1998• 11) THE ANSON JONES BUILDING IN AUSTIN, TX. CONTRACTOR: SUTTON LOFTS COMPANY - ATTN: BUSTER HOFFMASTER, 512 494 -1221 JOB DESCRIPTION: COMPLETELY GUTTED 55,000 SQ. FT. BUILDING AND REMOVED ELEVATOR AND STAIRS. TIME FRAME: 45 WORKING DAYS. 12) THE OLD FOLGER'S BUILDING IN ODESSA, TX. CONTRACTOR: ASBESTOS REMOVAL - ATTN: RON OSBORN 915- 333 -4832 JOB DESCRIPTION: COMPLETELY GUTTED 40,000 SQ. FT. BUILDING AND REMOVED ESCALATORS AND ELEVATORS. TIME FRAME: 30 WORKING DAYS. 13) DRURYINN IN AUSTIN, TX. CONTRACTOR: LAKEVIEW CONSTRUCTION - ATTN: LARRY VAN HOOK,414- 857 -3336 JOB DESCRIPTION: TOOK DOWN CONCRETE CANOPY AND ENTIRE STOREFRONT. TIME FRAME: 14 WORKING DAYS. 14) UT COLLEGE OF BUSINESS ADMINISTRATION BUILDING IN AUSTIN, TX. CONTRACTOR: FLYNN CONSTRUCTION - ATTN: JIM MITCHELL 512- 440 -7643 JOB DESCRIPTION: GUTTED 14,000 SQ. FT. OF INTERIOR. A & R DID WORK WHILE BUILDING WAS OCCUPIED. TIME FRAME: 14 WORKING DAYS. 15) ROUND ROCK HOSPITAL IN ROUND ROCK, TX. CONTRACTOR: FAULKNER CONSTRUCTION - ATTN: MARK FOWLER 512- 388 -4949 JOB DESCRIPTION: DEMOED CANOPY AND CONCRETE COLUMNS IN FRONT OF THE HOSPITAL. WORK WAS DONE WHILE THE BUILDING WAS OCCUPIED. TIME FRAME: 7 WORKING DAYS. 16) CITY NATIONAL BANK IN DOWNTOWN AUSTIN, TX. CONTRACTOR: PINNACLE CONSTRUCTION - ATTN: BETH SELBE 512- 448 -4838 JOB DESCRIPTION: INTERIOR DEMO AND CUT NEW WINDOWS AND DOORS. TIME FRAME: 7 WORKING DAYS 17) BAYLOR UNIVERSITY IN WACO, TX. CONTRACTOR WACO CONSTRUCTION - ATTN: JOSEPH GREENAWALT, 254- 710 -1361 JOB DESCRIPTION: REMOVED BOILERS FROM THE POWER PLANT. TIME FRAME: 7 WORKING DAYS. 18) THE YMCA IN AUSTIN, TX. CONTRACTOR: CITY OF AUSTIN - ATTN: DARRYL HABA, 512- 499 -7205 JOB DESCRIPTION: DEMOLITION OF A RESERVOIR. TIME FRAME: 7 WORKING DAYS. 19) THE OLIN E. TEAGUE VETERANS HOSPITAL IN TEMPLE, TX. 2 I - 3 t - p b 3 CONTRACTOR: CLARK CONTRACTORS - ATTN: CLAY CALHOUN, Q "� -rT1 -0 O8.- JOB DESCRIPTION: COMPLETE DEMO OF THREE BUILDINGS AND REMAINING HALF OF ANOTHER BUILDING INCLUDING FOUNDATIONS, 75,000.00 TOTAL SQ_ FT. WORK WAS DONE WHILE SURROUNDING BUILDINGS WERE OCCUPIED. TIME FRAME: 70 WORKING DAYS. 20) WESTMINSTER PRESBYTERL4N CHURCH IN AUSTIN, TX. CONTRACTOR: ANDRES CONSTRUCTION - ATTN: TOM FEATHER 512 -479 -5065 JOB DESCRIPTION: INTERIOR DEMO, APPROXIMATELY 5,000 SQ. FT. TIME FRAME: 30 WORKING DAYS 21) SOUTH AUSTIN MARKETPLACE IN AUSTIN, TX. CONTRACTOR TEXAS DEPARTMENT OF TRANSPORTATION - ATTN DANNY JACKSON, 512- 832 -7241 JOB DESCRIPTION: DEMOLISHED TWO STORY CONCRETE AND STEEL BUILDING, APPROXIMATELY 41,259 SQ. FT.. TIME FRAME: 60 WORKING DAYS. 22) STEPHEN F. AUSTIN HOTEL INDOWNTOWN AUSTIN, TX. CONTRACTOR: HIGHGATE HOLDINGS, INC. - ATTN: MARSHALL TULLOS, 512- 457 -8800 JOB DESCRIPTION: GUTTED 13 FLOORS, APPROXIMATELY 100,000 SQ. FT. TIME FRAME: 30 WORKING DAYS 23) TEXAS TECH UNIVERSITY IN LUBBOCK,TX. CONTRACTOR: ASBESTOS REMOVAL - ATTN: SCOTT EDGE 915 - 333 -4832 JOB DESCRIPTION: DEMOLISHED THE OLD POWER PLANT, APPROXIMATELY 5,000 SQ.FT. TIME FRAME: 20 WORKING DAYS 24) CITY OF AUSTIN - ATTN: TERRI HASBROUCK, 512- 499 -2362 THIRD YEAR CONTRACT (SEE #3 ABOVE FOR DETAILS.) JOBS COMPLETED IN YEAR 1999 25) THE LASALLE HOTEL IN BRYAN, TX. CONTRACTOR: C.E. WARD CONSTRUCTION - ATTN: SCOTT BADGETT, 512 - 329 -2129 JOB DESCRIPTION: INTERIOR DEMOLITION TIME FRAME: 70 WORKING DAYS JOBS IN PROGRESS FOR 1999 26) NAVAL AIR STATION IN KINGSVILLE, TX. ATTN: JOSH GAMEZ 512 -516 -6107 JOB DESCRIPTION: DEMOLISH THREE BUILDINGS, APPROXIMATELY 80,000 SQ. FT. TIME FRAME: DEMOLITION IS COMPLETED, SUB WORK NEEDS TO BE COMPLETED 27) AUSTIN-BERGSTROM INTERNATIONAL AIRPORT IN AUSTIN, TX. ATTN. PAUL HISE 512- 385 -4881 JOB DESCRIPTION: DEMOLITION OF VARIOUS STRUCTURES, WELLS, SLABS, ETC. TIME FRAME: SHOULD BE COMPLETED MAY 10, 1999. COMMERCIAL INDEMNITY Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact John W. Schuler, President of Operations, whose direct dial number is 512 -444 -7776. You may also fax us information at 512 -440 -0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800- 234 -8046 You may also write to Commercial Indemnity Insurance Company : 2550 South IH -35, Suite 100, Austin, Texas 78704. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512 - 475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. / Commercial Indemnity Insurance Company C O M ME RC I AL BD40565 ' 2550 S. IH 35, Suite 100 INDEMNITY INSURANCE CO. POWER OF ATTORNEY Austin, Texas 78704 ' KNOW ALL MEN BY THESE PRESENTS: ▪ That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7`" day of April, 1999, to wit: ' "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney - In -Fact, such persons, firms, or corporations as may be selected from time to time. ' Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attomey or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: Sandra Denton 1 State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: 'The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. ' And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. 'IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 1 1 1 /ccJ,I,“„ I State of Texas County of Travis 'On this 7'" day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and 'acknowledged to me that the Corporation executed it. 'Commission Expires 8 -26 -2000 John W. Schuler. President Sandra L. Denton, Notary Public SANDRA L DENTON NOTARY PUBLIC State W Texas Comm. E ••. 01-26-2000 CERTIFICATE � , the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: 'Signed and Sealed at the said Company at Austin, Texas dated this 14th day of July 19 99 Joel T. Massey, Secretary 1' 1 00005260 roducer SURPLUS, INC. P.O. Box 2107 Spring TX 1 77383 -2107 1 COVERAGES This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, 1 erm or condition of any contract or other document with respect to which this certificate may e issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. 1 1 1 1 1 1 1 1 1 1 Insured I A & R DEMOLITION, INC. RAYMOND REVEILE 12801 -C FM 812 DEL VALLE TX 78617 Co Lt A GENERAL LIABILITY X Commercial General Liab. Claims made X Occurence Owner's & contractors - protective AUTOMOBILE LIABILITY Any auto - All owned autos - Scheduled autos - Hired autos - Non -owned autos G liability EXCESS LIABILITY Umbrella form - Other than umbrella form WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER Type of Insurance Certificate holder II CITY OF ROUND ROCK 221 E MAIN ST. ROUND ROCK TX 78664 C E R T I F I C A T E O F I N S U R A N C E Issue date: 7 -12 -99 This certificate is 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 Company letter A United National Ins Co Company letter B Company letter C Company letter D Company letter E Policy number L7124586 Policy Effective 12 -03 -98 •escr iption of operations /locations /vehicles /special items DEMOLITION - NO USE OF EXPLOSIVES I CERTIFICATE HOLDER SHOWN 7 AS ADDL INSURED Authorized representlE e Policy Expire 12 -03 -99 CSL ALL LIMITS IN THOUSANDS General aggregate $2,000 Products - completed operations aggregate $1,000 Personal & advertising injury $1,000 Fire damage (any one fire) $ 50 Medical expense (any one person) $ 5 Bodily Injury (per person) Bodily Injury (per accident) Property damage Statutory Each occurrence S (each accident) (disease - policy limit) (disease -each empl.) CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to 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 any kind upon the company, its agents or representatives. $1,000 Aggregate 1 ul -20 -99 08:41A NATIONS PERSONNEL, INC. JUL- 17-'fY etV � ra ..-, e. — CERTIFICATE OF LIABILITY INSURANCE PRODUCER COMPANIES AFFORDING C0v8RAGE ;Leron M., Harris & Company A Safeco Insurance Company 1317 Highgate Drive, Suite 114 11 rham, NC 27713 0- 377 -0555 877 - 752 -7440 INSURED tions Personnel / A&R Demolition 894x 29408 Dallas, TX 75229 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to th business operations hereinafter described, for the types of insurance and in accordance with rhr provisions of the sandap policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. 214 3b/ -4Y22 Date: 7/2/99 CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILIT GEVERAL AGGREG;. 11 5 Y . V 1 ' PRODUCrSCOMPIU P AGG PERSONAL & ADV. 1N1:Rty EACH OTY.'URRENCP .Y FIRE DAMAGE (Arty u■ 8,, ICED EXPENSE (Any -ate person; S AUTOMOBILE LIABILITY coM5rNFD SING1.F. 1 IMrf 5 ' BODILY /NfURY (Per person) S BODILY INJURY (Per a".c MC)) 5 PROPERTY DAMAGE S 1 EXCESS LIABILITY EACH CY'CURAENCE S AGGREGATE S WORKERS' COMPENSATION AND EMPLOYERS' LIABILTCY STATUTORY r thatTS WC2391343 EACH ACCIDENT s 1,000,000 DISEASE. POLICY LIMIT S 1,000,000 1,000,000 1 DISEASE - EACH EMP117YEE $ OTHER Coverage is provided for only those employees of Nations Personnel, Inc / ASR Demolition ' DESCRIPTION DF OP ERATIONS 'I.ACATIONS /VE;H■CLS /SPECIAL" I EMS;EXCEPTIONS - • -- - - -- The City of Round Rode to na med IS aa•eitianu insu . w respect to all ties exce. pt orkers om ensar qn a of the above described policies by cancelled or changed before the expiration dee thereof, the isauing company en S }ino; am I the cenificate bolder named below, Y PO) d do ays 3 w wari rren notice to CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 75664 atm. Joanne land Typed Name. DOT) Yost n SIGNATURE_ OF AUTRURI7.eo REPR;E 1 1 , 1TATIVE. Don Yost ( , ‘) .,. 1 . \ 17225.031.036 City of Round Rock Water System Improvements Contract No. I - Elevated Waver Storage R.cservoirs 1 Tale: October 1990 A1)01:1D. CERTIFICATE OF INSURANCE ' PRODUCER ABLES INSURANCE AGENCY 3727 GREEN0R1AR S'I'E 301 ' STAFFORD ,TX 77477 -3931 90050 4287 1 INSURED ' A & R DEMOLITION, INC. AND ALLSTATE DEMOLITION 13201 FM 812 DEL VALLE TX 78617 1 ISSUE DATE (MM /DD /YY) 07/06/1999 S THIS CERTIFICATE IS 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 COMPANY A LETTER GAINSCO COUNTY MUTUAL COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D COMPANY LE TER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS TR DATE (MM /OD /YY) DATE (MM /DDlYY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP /OP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ ' OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one lire) $ MED. EXPENSE (Any one person) $ ' AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ 750,000 ALL OWNED AUTOS BODILY INJURY pn) $ A X SCHEDULED AUTOS GBA110382 -0 09/11/98 09/11/99 (Per erso I A X HIRED AUTOS GBA110382 -0 09/11/98 09/11/99 BODILY INJURY A' X NON -OWNED AUTOS GBA110382 -0 09/11/98 09/11/99 (Perennidenr( $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE — POLICY LIMIT $ ' EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS • ' CERTIFICATE HOLDER IS ALSO NAMED AS AN ADDITIONAL INSURED. CERTIFICATE HOLDER CITY OF ROUND ROCK 221 E. MAIN ST. 1 ROUND ROCK, TX 78664 1 ACORD "25 -S (7/90) "" CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO . 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 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE "" " CACORD CORPORATION "1990 - ACCORD CERTIFICATE OF LIABILITY INSURANCE OP ID PN DATE712/99 MAGNA -- PRODUCER YHIS 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 FIELOW. Cameron M. Harris & Company 5317 Highgate Drive, Suite 114 Durham, NC 27713 COMPANIES AFFORDING COVERAGE PHONE NO. 800- 377 -0555 FAX NO 877 - 752 -7440 COMPANY INSURED A Safeco Insurance Company of America Nations Personnel, Inc. / A &R Demolition COMPANY PO Box 29408 B Dallas, TX 75229 COMPANY C COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDD/YY) LIMITS GENERAL LIABILITY ❑COMMERCIAL GENERAL LIABILITY ❑❑ CLAIMS MADE OCCUR DOWNER'S & CONTRACTORS PROT ❑ 0 GENERAL AGGREGATE $ $ i- $ $ $ PRODUCTS - COMP /OP AGG PERSONAL 5 ACV INJURY EACH OCCURRENCE FIRE DAMAGE(ANY ONE FIREI MED EXP(ANY ONE PERSONI AUTOMOBILE LIABILITY ❑ANY AUTO ❑ALL OWNED AUTOS ❑SCHEDULED AUTOS ❑HIRED AUTOS ❑NON - OWNED AUTOS ❑ COMBINED SINGLE LIMIT BODILY INJURY $ t $ (PER PER BODILY INJURY (PER ACCIDENT) PROPERTY DAMAGE 0 GARAGE LIABILITY DANY AUTO ❑ AUTO ONLY - EA ACCIDENT $ $ $ $ OTHER THAN AUTO ONLY EACH ACCIDENT ❑ AGGREGATE EXCESS LIABILITY ❑ UMBRELLA FORM ID OTHER THAN UMBRELLA FORM EACH OCCURRENCE 1- 3 $ AGGREGATE A WORKER'S COMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERS /EXECUTIVE ❑ INCL OFFICERS ARE: ❑ EXCL WC2391343 01/14/99 01/14/00 ��•"•'C�� I��° NORYLIMITS I 'OTHER $to�aaaB $. 000o0oo0 EL EACH ACCIDENT EL DISEASE POLICY LIMIT - EL DISEASE - EA EMPLOYEE $t ayo_ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES /SPECIAL ITEMS : Coverage is provided for only those employees of Nations Personnel Inc., / A &R Demolition CERTIFICATE HOLDER City Of Round Rock 221 E. Main Street Round Rock, TX 78664 Job: Chlsolm Valley Standpipe Demolition Attn: Joanne Land Fax: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATOR OR LIABILITY OF ANY RIND UPON THE COMPANY, ITS AGENTS, OR REPRESENTATIVES. Authorized Representative , /, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 07225.031.036 00501 -1 1 SECTION 00501 2 PERFORMANCE BOND Bond No. BD40565 3 4 THE STATE OF TEXAS 6 COUNTY OF WILLIAMSON 7 8 KNOW ALL MEN BY THESE PRESENTS: That A &R Demolition, Inc- of 9 the City of Del Valle _, County of Travis , and State of 10 Texas , as Principal, and Commercial lndemni Orized under the Tn c�trant'a Cnn� 11 law of the State of Texas to act as surery on bonds for prihcipals, are held and firmly 12 bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of 13 Thirty Four Thousand & 00 /100 dollars (5 34,000.00 14 for the payment whereof, well and truly to be made the said Principal and Surety bind 15 themselves, and their heirs, administrators, executors, successors and assigns, jointly and 16 severally, by these presents: 17 18 WHEREAS, the Principal has entered into a certain written contract with the Owner 19 dated the day of , 19 99 to 20 which the contract is hereby referred to and made a part hereof as fully and to the same 21 extent as if copied at length herein consisting of: 22 City of Round Rock Water System Improvements, 23 Contract No. 4A - Chisholm Valley Standpipe Demolition 24 25 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if 26 the said Principal shall faithfully perform said Contract and shall, in all respects, duly and 27 faithfully observe and perform all and singular the covenants, conditions and agreements 28 in and by said Contract, agreed and covenanted by the Principal to be observed and 29 performed, including but not limited to, the repair of any and all defects in said work 30 occasioned by and resulting from defects in materials furnished by or workmanship of, 31 the Principal in performing the work covered by said Contract and occurring within a 32 period of twelve (12) months from the date of the contract Completion Certificate and all 33 other covenants and conditions, according to the true intent and meaning of said Contract 34 and the Plans and Specifications hereto annexed, then this obligation shall be void; 35 otherwise to remain in full force and effect; ' 36 37 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 38 Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall 39 be determined in accordance with the provisions of said Chapter 2253 to the same extent 40 as if it were copied at length herein. 41 PERFORMANCE BOND (continued) 42 43 Surety, for value received, stipulates and agrees that no change, extension of time, 44 alteration or addition to the term of the contract, or to the work performed thereunder, or 45 the plans, specifications, or drawings accompanying the same, shall in anywise affect its City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00501 -2 1 obligation on this bond, and it does hereby waive notice of any such change, extension of 2 time, alteration or addition to the terms of the contract, or to the work to be performed 3 thereunder. 4 5 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this 6 instrument this 14th day of July 7 19 99 . 8 9 10 Princ 11 12 By: 13 14 15 16 Title 17 18 19 20 21 22 23 24 25 26 27 28 29 Address 30 31 32 33 34 35 Si 36 37 A & R Demolition P/1,9 13201 FM 812 Address Del Valle, Texas 78617 Resident Agent of Surety: John W. Schuler Printed Name 1507 South IH -35 Austin, Texas 78704 C'ty, State & Zip Code 07225.031.036 Commercial Indemnity Insurance Company END OF SECTION Surety /I By: .ey tom. Sandra Denton, Attorney -In -Fact Title 2550 South IH -35, Suite 100 Address Austin, Texas 78741 City of Round Rock Water System Improvements April 1999 Contract No 4A - Chisholm Valley Standpipe Demolition _ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00502 2 PAYMENT BOND Bond No. BD40565 3 4 THE STATE OF TEXAS 5 6 COUNTY OF WILLIAMSON 7 8 KNOW ALL MEN BY THESE PRESENTS: That A &R Demolition, Inc. , of the 9 City of Del Valle , County of Travis , and State of Commercial ZL 10 Texas as Principal, and Insurance co. aumon ed under the laws of the 11 State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto 12 THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, 13 mechanics and suppliers as their interest may appear, all of whom shall have the right to 14 sue upon this bond, in the penal sum of Thirty Four Thousand & 00 /100's 15 Dollars (5 34,000.00 ) for the payment 16 whereof, well and truly be made the said Principal and Surety bind themselves and their 17 heirs, administrators, executors, successors, and assigns, jointly and severally, by these 18 presents: 19 20 WHEREAS, the Principal has entered into a certain written contract with the Owner, 21 dated the day of 19 99 , to which 22 Contract is hereby referred to and made a part hereof as fully and to the same extent as if 23 copied at length he-rein consisting of: 24 City of Round Rock Water System Improvements, 25 Contract No. 4A - Chisholm Valley Standpipe Demolition. 26 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the 28 said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, 29 and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, 30 equipment, supplies and materials done and furnished for the construction of the 31 improvements of said Contract, then this obligation shall be and become null and void; 32 otherwise to remain in full force and effect. 33 34 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 35 Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall 36 be determined in accordance with the provisions of said Chapter 2253 to the same extent 37 as if it were copied at length herein. 38 07225.031.036 00502-1 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00502.2 1 PAYMENT BOND (continued) 2 3 Surety, for value received, stipulates and agrees that no change, extension of time, 4 alteration or addition to the terms of the contract, or to the work performed thereunder, or 5 the plans, specifications or drawings accompanying the same shall in anywise affect it's 6 obligation on this bond, and it does hereby waive notice of any such change, extension of 7 time, alteration or addition to the terms of the contract, or to the work to be performed 8 thereunder. 9 10 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this 11 Instrument this 14th day of July , 19 12 13 A &R Demolition Commercial Indemnity Insurance Company 14 Surety 15 Princ{.�. 16 _ 17 18 19 i / Sandra Denton, Attorney - In - Fact 20 /�2Si/iernr 21 Title Title 22 13201 FM 812 2550 South IH -35, Suite 100 23 Address 24 Address 25 Del Valle, Texas 78617 Austin, Texas 78741 26 27 28 Resident Agent of Surety: 29 30 John W. Schuler 31 Printed Name 32 1507 South I8 -35 33 34 Address 35 36 Austin, Texas 78704 37 pity, State & Zip Cod 3 9 (�� ci 39 40 ature 41 END OF SECTION 07225.031 .036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition _ 07/19/1999 15:57 2815E54293 ABLES INS JUL -19 -99 MOH 11 :15 AM A & R DEMOLITION INC. 512 43 2990 CERTIFICATE OP LIABILITY INSURANCE Date: PRODUCER ABLES INSURANCE AGENCY 3727 Greenbriar:Ste. 301 Stafford, Tx 77477 2511/565 -4292 CO TYPE OF INSURANCE POLICY EFFECTIVE LTR NUMBER DATE DATE r,EUER L tABtL[T 03- Dec-tf/e Coatmercial �enera Liability Occurrence Includes INDEPENDENT CONTRACTORS AUTOMOBILE LIABILITY Scerluled Autos Hired Autos Non-owned Autos EXCESS LIABILITY L7124586 GSA110382 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER CERTIFICATE HOLDER, City of Round Rock 221 E. Main Street Round Rock, Texas 78664 aun: Joanne Land 11- Sep -98 1T- Oep -99 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS /YXCFPT(ONS 07225.031.036 PAGE 81/01 P.03 COMPANIES AFFORDING COVERAGE A Gainsco County Mutual Insurance Company 13 United National Insurance Company INSURED A & R Demolition, Inc. 1301 ISv 1 81.'2 7gFi 7 [S �� .RTIY THAT the Insured named above is insured by she Companies listed above with respect to the business operations hereinafter described, for the types of insurance and m accordance with the provisions of the standard policies used by the companies, and further hereinafter described, Exceptions to the policies are noted below. C EXPIRATION LIMITS ALL LIMITS IN THOUSANDS GENERAL AGGREGATE 5 2.Q0 PRODUCTS•COMP /OP A 00. 5 1000 PERSONAL & ADV. INJURY 5 100U EACSS OCCURRENCE S 100 FIRE DAMAGE (Any one fire) S 50 MED. EXPENSE Any one person) 5 03 Dec - 99 EACH OCCURRENCE AGGREGATE ty o ' Dun• ' oc a Horn as a.. 1001(2 tnsur . w r J respect to all policies except " or kera ompensanon a . p Dyers i5.:,« y. .0 . any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATrUTHQRIZED N TIVE Typed Name: E . C . ABLES Tide: COMBINED SINOUE LIMIT BODILY INJURY (Pet per500) BODILY INJURY (Per ec■den PROPERTY DAMAGE STATUTORY LIMITS EACH ACCIDENT 5 DISEASE • POLICY LIMIT S DISEASE - EACH E.MPLD YEE 5 5 1 UUU 5 5 City of Round Rock Water System Improvements October 1998 Contract No. 1 - Elevated Water Storage Reservoirs 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NOTE: The EJCDC Documents have been modified as indicated herein, a trikc out indicates that language has been deleted from the EJCDC General Conditions. An underline indicates that the language has been added to EJCDC General Conditions. This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. EJCDC No. 1910-8 (1990 Edition) Revised 4/7/974/6/99 SECTION 00700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors (AGC) of America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910 -8 -A -1 or 1910-8-A -2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910 -9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 191017) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Page Number Number & Title Number 1. DEFINITIONS 13 2.5 -2.7 Before Starting Construction; 1.1 Addenda 13 CONTRACTOR's Responsibility to 1.2 Agreement 13 Report; Preliminary Schedules; 1.3 Application for Payment 13 Delivery of Certificates of 1.4 Asbestos - 13 Insurance 15 1.5 Bid 13 2.8 Preconstruction Conference 16 1.6 Bidding Documents 13 2.9 Initially Acceptable Schedules 16 1.7 Bidding Requirements 13 1.8 Bonds 13 3. CONTRACT DOCUMENTS: INTENT, 1.9 Change Order . 13 AMENDING, REUSE 16 1.10 Contract Documents 13 3.1 -3.2 Intent 16 1.11 Contract Price 13 3.3 Reference to Standards and 1.12 Contract Times 13 Specification of Technical Societies; 1.13 CONTRACTOR 13 Reporting and Resolving 1.14 defective 13 Discrepancies 16 1.15 Drawings 13 3.4 Intent of Certain Terms or Adjectives 17 1.16 Effective Date of the Agreement 13 3.5 Amending Contract Documents 17 1.17 ENGINEER 13 3.6 Supplementing Contact Documents 17 1.18 ENGINEER's Consultant 13 3.7 Reuse of Documents 17 1.19 Field Order 13 1.20 General Requirements 14 4. AVAILABILITY OF LANDS; SUBSURFACE AND 1.21 Hazardous Waste 14 PHYSICAL CONDITIONS; REFERENCE POINTS 18 1.22 Laws and Regulations; Laws or 4.1 Availability of Lands 18 Regulations 14 4.2 Subsurface and Physical Conditions 18 1.23 Liens 14 4.2.1 Reports and Drawings 18 1.24 Milestone 14 4.2.2 Limited Reliance by CONTRACTOR 1.25 Nonce of Award 14 Authorized; Technical Data 18 1.26 Notice to Proceed 14 4.2.3 Notice of Differing Subsurface or 1.27 OWNER 14 Physical Conditions 18 1.28 Partial Utilization 14 4.2.4 ENGINEER's Review 18 1.29 PCBs 14 4.2.5 Possible Contract Documents Change 18 1.30 Petroleum 14 4.2.6 Possible Price and Times Adjustments 18 1.31 Project 14 4.3 Physical Conditions- Underground 1.32 Radioactive Material 14 Facilities 19 1.33 Resident Project Representative 14 4.3.1 Shown or Indicated 19 1.34 Samples 14 4.3.2 Not Shown or Indicated - 19 1.35 Shop Drawings 14 4.4 Reference Points 19 1.36 Specifications 14 4.5 Asbestos, PCBs, Petroleum, Hazardous 1.37 Subcontractor 14 Waste or Radioactive Material 19 1.38 Substantial Completion 14 1.39 Supplementary Conditions 14 5. BONDS AND INSURANCE 20 1.40 Supplier 14 5.1 -5.2 Performance, Payment and Other Bonds 20 1.41 Underground Facilities 14 5.3 Licensed Sureties and Insurers; 1.42 Unit Price Work 14 Certificates of insurance 20 1.43 Work 15 5.4 CONTRACTOR's Liability Insurance 21 1.44 Work Change Directive 15 5.5 OWNER's Liability Insurance 21 1.45 Written Amendment 15 5.6 Property Insurance 21 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS 15 Property Insurance 22 2.1 Delivery of Bonds 15 5.8 Notice of Cancellation Provisions 22 2.2 Copies of Documents 15 5.9CONTRACTOR's Responsibility for 2.3 Commencement of Contract Times; Notice to Proceed 15 Deducible Amounts 22 2.4 Starting to Work 15 5.10 Oilier Special Insurance 22 5.11 Waiver of Rights 22 5.12 -5.13 Receipt and Application of Insurance Proceeds 22 5.14 Acceptance of Bonds and Insurance; Option to Replace 23 5.15 Partial Utilization- Property Insurance 23 6. CONTRACTOR'S RESPONSIBILITIES 23 6.1 -6.2 Supervision and Superintendence 23 6.3-6.5 Labor, Materials and Equipment 23 6.6 Progress Schedule 24 6.7 Substitutes and "Or- Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 24 6.8 -6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights 25 6.12 Patent Fees and Royalties 26 6.13 Permits 2 6 6.14 Laws and Regulations 26 6.15 Taxes 26 6.16 Use of Premises 26 6.17 Site Cleanliness 26 6.18 Safe Structural loading 26 6.19 Record Documents 27 6.20 Safety and Protection 27 6.21 Safety Representative 27 6.22 Hazard Communication Programs 27 6.23 Emergencies 27 6.24 Shop Drawings and Samples 27 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 28 6.26 Shop Drawing & Sample Submittals Review by ENGINEER 28 6.27 Responsibility for Variation From Contract Documents 28 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals 29 6.29 Continuing the Work 29 6.30 CONTRACTOR's General Warranty and Guarantee 29 6.31-6.33 Indemnification 29 6.34 Survival of Obligations 30 7. OTHER WORK 30 7.1 -7.3 Related Work at Site 30 7.4 Coordination 30 8. OWNER'S RESPONSIBILITIES 30 8.1 Communications to Contractor 30 8.2 Replacement of ENGINEER 30 8.3 Furnish Data and Pay Promptly When Due 30 8.4 Lands and Easements; Reports and Tests 30 8.5 Insurance 31 2 8.6 Change Orders 31 8.7 Inspections, Tests and Approvals 31 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services 31 8.9 Limitations on OWNER'S Responsibilities 31 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 31 8.11 Evidence of Financial Arrangements 31 9. ENGINEER'S STATUS DURING CONSTRUCTION 31 9.1 OWNER's Representative 31 9.2 Visits to Site 31 9.3 Project Representative 31 9.4 Clarifications and huerpretauoos 31 9.5 Authorized Variations in Work 32 9.6 Rejecting Defective Work 32 9.7 -9.9 Shop Drawings, Change Orders and Payments 32 9.10 Determinations for Unit Prices 32 9.11 -9.12 Decisions on Disputes; ENGINEER as Initial Interpreter 32 9.13 Limitations on ENGINEER'S Authority and Responsibilities 33 10. CHANGES IN THE WORK 33 10.1 OWNER Ordered Change 33 10.2 Claim for Adjustment 33 10.3 Work Not Required by Contract Documents 33 10.4 Change Orders 33 10.5 Notification of Surety 33 11. CHANGE OF CONTRACT PRICE 34 11.1 -11.3 Contract Price; Claim for Adjustment; Value of the Work 34 11.4 Cost of the Work 34 11.5 Exclusions to Cost of the Work 35 11.6 CONTRACTOR's Fee 35 11.7 Cost Records 36 11.8 Cash Allowances 36 11.9 Unit Price Work 36 12. CHANGE OF CONTRACT TIMES 36 12.1 Claim for Adjustment 36 12.2 Time of the Essence 37 12.3 Delays Beyond CONTRACTOR's Control 37 12.4 Delays Beyond OWNER's and CONTRACTOR's Control 37 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 37 13.1 Notice of Defects 37 13.2 Access to the Work 37 13.3 Tests and Inspections; Contractor's Cooperation 37 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 13.4 OWNER's Responsibilities; Independent Testing Laboratory 13.5 CONTRACTOR's Responsibilities 116 -13.7 Covering Work Prior to Inspection, Testing or Approval 13.8 -13.9 Uncovering Work at ENGINEER's Request 13.10 OWNER May Stop the Work 13.11 Correction or Removal of Defective8 Work 13.12 Correction Periods 38 13.13 Acceptance of Defective Work 39 13.14 OWNER May Correct Defective Work 39 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Application for Progress Payment 14.3 CONTRACTOR's Warranty of Tile 14.4 -14.7 Review of Applications for Progress Payments 39 14.8 -14.9 Substantial Completion 40 14.10 Partial Utilization 14.11 Final Inspection 14.12 Final Application for Payment 41 37 14.13 -14.14 Final Paymetu and Acceptance 41 37 14.15 Waiver of Claims 42 38 15. SUSPENSION OF WORK AND 38 TERMINATION 42 38 15.1 OWNER May Suspend Work 42 15.2 -15.4 OWNER May Terminate 42 15.5 CONTRACTOR May Stop Work or Terminate 43 3 16. DISPUTE RESOLUTION 44 17. MISCELLANEOUS 44 17.1 Giving Notice 44 39 17.2 Computation of Times 44 39 17.3 Notice of Clain 44 39 17.4 Cumulative Remedies 44 39 17.5 Professional Fees and Court Costs Includes 44 EXHIBIT GC -A (Optional): 41 Dispute Resolution Agreement (Optional) 45 41 16.1 -16.6 Arbitration 45 16.7 Mediation 46 Article or Paragraph Number Acceptance of Bonds and Insurance 5.14 defective Work 10.4.1, 13.13, 13.15 final payment 9.12, 14.15 insurance 5.14 other Work, by CONTRACTOR 7 . 3 Substitutes and "Or- Equal" Items 6.7.1 Work by OWNER 2.5, 6.30, 6.34 Access to the - Lands, OWNER and CONTRACTOR responsibilities 4.1 site, related work 7 . 2 Work 13.2, 13.14, 14.9 Acts or Omissions -, Acts and Omissions- CONTRACTOR 6.9.1, 9.13.3 ENGINEER 6.20, 9.13.3 OWNER 6.20, 8.9 Addenda-definition of (also see definition of Specifications) (1.6, 1.10, 6.19) 1.1 Additional Property Insurances 5.7 Adjustments Contract Price or Contract Times 1.5, 3.5, 4.1, 4.3.2, 4.5.2., 4.5.3, 9.4, 9.5, 10.2 -10.4, 11, 12, 14.8, 15.1 progress schedule 6.6 Agreement- definition of 1.2 All risk Insurance, policy form 5.6.2 Allowances, Cash 11.8 Amending Contract Documents 3.5 Amendment, Written - in general 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.72 Appeal, OWNER or CONTRACTOR intent to 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment - definition of 1.3 ENGINEER's Responsibility 9.9 final payment 9.13.4, 9.13.5, 14.12 -14.15 in general . 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment 14.1, 14.7 review of 14.4 -14.7 Arbi ti (Optional) 16.1 -16.6 to on Asbestos - claims pursuant thereto CONTRACTOR authorized to stop Work definition of OWNER responsibility for possible price and times change Authorized Variations in Work Availability of Lands Award, Notice of-defined Before Starting Construction 4.5.2, 4.5.3 4.5.2 1.4 4.5.1, 8.10 4.5.2 3.6, 6.25, 6 27, 9.5 4.1. 8.4 1.25 2.5 -2.8 INDEX TO GENERAL CONDITIONS 4 Article or Paragraph Number Biddefudtion of 1.5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents - Definition of 1.6 (6.8.2) Bidding Requirements-definitions of 1.7 (1.1, 4.2.6.2) Bonds- acceptance of 5.14 additional bonds 10.5, 11.4.5.9 Cost of the Work 11.5.4 definition of 1.8 delivery of 2.1, 5.1 final application for payment 14.12 -14.14 general 1.10, 5.1 -5.3, 5.13, 9.13, 10.5, 14.7.6 performance, Payment and Other 5.1 -5.2 Bonds and Insurance-in general 5 Builder's risk "all risk" policy form 5.6.2 Cancellation Provisions, Insurance 5.4.11, 5.8, 5.15 Cash Allowances 11.8 Certificate of Substantial Completion 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection 9.13.4, 13.5, 14.12 Certificates of Insurance 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price - Cash Allowances 11.8 claim for price adjustment 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 11.6 CONTRACTOR's fee Cost of the Work general 11.4 -11.7 Exclusions to 11.5 Cost Records 11.7 in general 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing 11.3.2 Notification of Surety 10.5 Scope of 10.3 -10.4 Testing and Inspection, Uncovering the Work 13.9 Unit Price Work 11.9 Value of Work 11.3 Change in Contract Times - Claim for times adjustment 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contracmal time limits 12.2 Delays beyond CONTRACTOR's control 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol 12.4 Notification of surety 10.5 Scope of change 10.3 -10.4 Change Orders- Acceptance of Defective Work 13.13 Amending Contract Documents 3.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Cash Allowances 11.8 Change of Connect Price 11 Change of Contract Times 12 Changes in the Work 10 CONTRACTOR's fee 11.6 Cost of the Work 11.411.7 Cost Records 11.7 definition of 1.9 emergencies 6.23 ENGINEER's responsibility 9.8, 10.4, 11.2, 12.1 execution of 10.4 Indemnification 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and 5.10, 5.13, 10.5 OWNER may terminate 15.2 -15.4 OWNER's Responsibility 8.6, 10.4 Physical Conditions- Subsurface and, 4.2 Underground Facilities 4.3.2 Record Documents 6.19 Scope of Change 10.3 -10.4 Substitutes 6.7.3, 6.8.2 Unit Price Work 11.9 value of Work, covered by 11.3 Changes in the Work 10 Notification of surety 10.5 OWNER's and CONTRACTOR'S responsibilities 10.4 Right to an adjustment 10.2 Scope of change 10.3 -10.4 Claims - against CONTRACTOR 6.16 against ENGINEER 6.32 against OWNER 6.32 Change of Contract Price 9.4, 11.2 Change of Contract Times 9.4, 12.1 CONTRACTOR's .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1. 15.5, 17.3 CONTRACfOR's Fee 11.6 CONTRACTOR's liability 5.4, 6.12, 6.16, 6.31 Cost of the Work 11.4, 11.5 Decisions on Disputes 9.11, 9.12 Dispute Resolution 16.1 Dispute Resolution Agrecmem 16.1 -16.6 ENGINEER as initial interpreter 9.11 Lump Sum Pricing 11.3.2 Notice of 17.3 OWNER's 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1 13.9, 13.13, 13.14, 17.3 OWNER's liability 5.5 OWNER may refuse to make payment 14.7 Professional Fees and Court Costs Included 17.5 request for formal decision on 9.11 Substitute items 6.7.1.2 Time Extension 12.1 Time requirements 9.11, 12.1 Unit Price Work 11.9.3 Value of 11.3 Waiver of-on Final Payment 14.14, 14.15 Work Change Directive 10.2 written notice required 9.11, 11.2, 12.1 Clarifications and Interpretations 3.6.3, 9.4, 9.11 Clean Site 6.17 Codes of Technical Society, Organization or Association 3.3.3 Commencement of Contract Times 2.3 Communications- 5 general 6.2, 6.9.2, 8.1 Hazard Communication Programs 6.22 Completion - Final Application for Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14.13 -14.14 Partial Utilization 14.10 Substantial Completion 1.38, 14.8 -14.9 Waiver of Claims 14.15 Computation of Times 17.2.1- 17.2.2 Concerning Subcontractors, Suppliers and Others 6.8-6.11 Conferences - initially acceptable schedules 2.9 preconsmtction . 2.8 Conflict, Error, Ambiguity, Discrepancy- CONTRACTOR to report 2.5, 3.3.2 Construction, before starting by CONTRACTOR 2.5 -2.7 Construction Machinery, Equipment, etc. 6.4 Continuing the Work 6.29, 10.4 Contract Documents - Amending 3.5 Bonds 5.1 Cash Allowances 11.8 Change of Contract Price 11 Change of Contract Times 12 Changes in the Work 10.4-10.5 check and verify 23 Clarifications and Interpretations 3.2, 3.6, 9.4, 9.11 definition of 1.10 ENGINEER as initial interpreter of 9.11 ENGINEER as OWNER's representative 9.1 general 3 Insurance 5.3 Intent 3.1 -3.4 minor variations in the Work 3.6 OWNER'S responsibility m furnish data 8.3 OWNER's responsibility to make promptly Par..nt 8.3, 14.4, 14.13 precedence 3.1, 3.3.3 Record Documents 6.19 Reference to Standards and Specifications of Technical Societies Related Work Repotting and Resolving Discrepancies Reuse of Supplementing Termination of ENGINEER's Employment Unit Price Work variations Visits to Site, ENGINEER's Contract Price- adjustment of 3.5, 4.1, 9.4, 10.3, 11.2 -11.3 Change of 11 Decision on Disputes 9.11 definition of 1.11 Contract Times- adjustment of 3.5, 4.1, 9.4, 10.3, 12 Change of 12.1 -12.4 3.3 7.2 2.5, 3.3 3.7 3.6 8.2 11.9 3.6, 6.23, 6.27 9.2 Commencement of 2.3 definition of 1.12 CONTRACTOR Acceptance of Insurance 5.14 Limited Reliance on Technical Data Authorized 4.2.2 Communications 6.2, 6.9.2 Continue Work 6.29, 10.4 coordination and scheduling 6.9.2 definition of 1.13 May Stop Work or Temdnate 15.5 provide site access to others 7.2, 13.2 Safety and Protection 4.3.1.2, 6.16, 6.18, 6.21 -6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal 6.25 Stop Work requirements 4.5.2 CONTRACTOR's- Compensation 11.1 -11.2 Continuing Obligation 14.15 Defective Work 9.6, 13.10 -13.14 Duty to correct defective Work 13.11 Duty to Report- Changes in the Work caused by Emergency 6.23 Defects in Work of Others 7.3 Differing conditions 4.2.3 Discrepancy in Documents 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated 4.3.2 Emergencies 6.23 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee- Cost -Plus 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee 6.30 Hazard Communication Programs 6.22 Indemnification 6.12, 6.16, 6.31 -6.33 Inspection of the Work 7.3, 13.4 Labor, Materials and Equipment 6.3 -6.5 Laws and Regulations, Compliance by 6.14.1 Liability Insurance 5.4 Notice of Intern to Appeal 9.10, 10.4 obligation to perform and complete the Work 6.30 Patent Foes and Royalties, paid for by 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by 6.13 Progress Schedule 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes 9.11 Responsibilities- Changes in the Work 10.1 Concerning Subcontractors, Suppliers and Others 6.8 -6.11 Continuing the Work 6.29, 10.4 CONTRACTOR's expense 6.7.1 CONTRACTOR's General Warranty and Guarantee 630 CONTRACTOR's review prior to Shop Drawing or Sample submittal 6.25 Coordination of Work 6.9.2 Emergencies 623 ENGINEER's evaluation, Substitutes or "Or- Equal" Items 6.7.3 6 For Acts and Omissions of Others 6.9.1 - 6.9.2, 9.13 for deductible amounts, insurance 5.9 general 6, 7.2, 7.3, 8.9 Hazardous Communication Programs 6.22 Indemnification 6.31 -6.33 Labor, Materials and Equipment 6.3 -6.5 Laws and Regulations 6.14 Liability Insurance 5.4 Notice of variation from Contract Documents 6.27 Patent Fees and Royalties 6.12 Permits 6.13 Progress Schedule 6.6 Record Documents 6.19 related Work performed prior to ENGINEER's approval of required submittals 6.28 safe structural loading 6.18 Safety and Protection 6.20, 7.2, 13.2 Safety Representative 6.21 Scheduling the Work 6.9.2 Shop Drawings and Samples 6.24 Shop Drawings and Samples Review by ENGINEER 6.26 Site Cleanliness 6.17 Submittal Procedures 6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or- Equal" Items 6.7.1 Superintendence .. 6.2 Supervision 6.1 Survival of Obligations 6.34 Taxes 6.15 Tests and Inspections 13.5 To Report 2.5 Use of Premises 6.16 -6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal 6.25 Right to adjustment for changes in the Work 10.2 right to claim 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9. 14.8, 15.1, 15.5, 17.3 Safety and Protection 6.20 -6.22, 7.2, 13.2 Safety Representative 6.21 Shop Drawings and Samples Submittals 6.24 -6.28 Special Consultants 11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or- Equal" Items, Expense 6.7.1, 6.7.2 Subcontractors, Suppliers and Others 6.8-6.11 Supervision and Superintendence 6.1, 6.2, 6.21 Taxes, Payment by 6,15 Use of Premises 6.16 -6.18 Warranties and guarantees 6.30, 6.5 Warranty of Title 14.3 Written Notice Required - CONTRACTOR stop Work or terminate 15.5 Repots of Differing Subsurface and Physical Conditions 4.2.3 Substantial Completion 14.8 CONTRACTORS-other 7 Contractual Liability Insurance 5.4.10 Contractual Time Limits 12.2 Coordination CONTRACTOR'S responsibility 6.9.2 Copies of Documents 2.2 Correction Period 13.12 Correction, Removal or Acceptance of Defective Work in general 10.4.1, 13.10 -13.14 Acceptance of Defective Work 13.13 Correction or Removal of Defective Work 6.30, 13.11 Correction Period 13.12 OWNER May Correct Defective Work 13.14 OWNER May Stop Work - 13.10 Cost - of Tests and Inspections 13.4 Records 11.7 Cost of the Work - Bonds and insurance, additional 1 1.4.5.9 Cash Discounts 11.4.2 CONTRACTOR's Fee 11.6 Employee Expenses 11.4.5.1 Exclusions to 11.5 General 11.4 -11.5 Home office and overhead expenses 11.5 Losses and damages 11.4.5.6 Materials and equipment 11.4.2 Minor expenses 11.4.5.8 Payroll costs on changes 11.4.1 performed by Subcontractors 11.4.3 Records 11.7 Rentals of construction equipment and 'machinery 11.4.5.3 Royalty payments, permits and license foes 11.4.5.5 Site office and temporary facilities 11.4.5.2 Special Consultants, CONTRACTOR's 11.4.4 Supplemental 11.4.5 Taxes related to the Work 11.4.5.4 Tests and Inspection 13.4 Trade Discounts 11.4.2 Utilities, fuel and sanitary facilities 11.4.5.7 Work after regular hours 11.4.1 Covering Work 13.6 -13.7 Cumulative Remedies 17.4 -17.5 Cutting, fitting and patching 7.2 Data, to be furnished by OWNER 8.3 Day - definition of 17.2.2 Decisions on Disputes 9.11, 9.12 defectivedefmiaon of 1.14 defective Work - Acceptance of 10.4.1, 13.13 Correction or Removal of 10.4.1. 13.11 Correction Period 13.12 in general 13, 14.7, 14.11 Observation by ENGINEER 9.2 OWNER May Stop Work 13.10 Prompt Nonce of Defects 13.1 Rejecting 9.6 Uncovering the Work 13.8 Definitions 1 Delays 4.1, 6.29, 12.3 -12.4 Delivery of Bonds 2 . 1 Delivery of certificates of insurance 2.7 7 Determinations for Unit Prices 9.10 Differing Subsurface or Physical Conditions Notice of 4.2.3 ENGINEER's Review - 4.2.4 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Discrepancies- Reporting and Resolving 2.5, 3.3.2, 6.14.2 Dispute Resolution- Agreement 16.1 -16.6 Arbitration 16.1 -16.5 general 16 Mediation 16.6 Dispute Resolution Agreement 16.1 -16.6 Disputes, Decisions by ENGINEER 9.11 -9.12 Documents- Copies of 2.2 Record 6.19 Reuse of 3.7 Drawings- definition of 1.15 Easements 4.1 Effective dare of Agreement-definition of 1.16 Emergencies 6.23 ENGINEER - as initial vderpreter on disputes 9.11 -9.12 definition of 1.17 Limitations on authority and responsibilities 9.13 Replacement of 8.2 Resident Project Representative 9.3 ENGINEER's Consultant-definition of 1.18 ENGINEER's- authority and responsibility, limitations on 9.13 Authorized Variations in the Work 9.5 Change Orders, responsibility for 9.7, 10, 11. 12 Clarifications and htrerptetadons 3.6.3, 9.4 Decisions on Disputes 9.11 -9.12 defective Work, notice of 13.1 Evaluation of Substitute items 6.7.3 Liability 6.32, 9.12 Notice Work is Acceptable 14.13 Observations 6.30.2, 9.2 OWNER's Representative 9.1 Payments to the CONTRACTOR, Responsibility for 9.9. 14 Recommendation of Payment 14.4, 14.13 Responsibilities - Limitations on 9.11 -9.13 Review of Reports on Differing Subsurface and Physical Conditions 4.2.4 Shop Drawings and Samples, review responsibility 6.26 Slams During Construction- authorized variations in the Work 9.5 Clarifications and Interpretations 9.4 Decisions on Disputes 9.11-9.12 Determinations on Unit Price 9.10 ENGINEER as Initial Interpreter 9.11 -9.12 ENGINEER's Responsibilities 9.1 -9.12 Limitations on ENGINEER's Authority and Responsibilities 9.13 OWNER's Representative 9.1 Project Representative 9.3 Rejecting Defective Work 9.6 Shop Drawings, Change Orders and Payments 9.7 -9.9 Visits to Site 9.2 Unit Price Determinations 9.10 Visits to Site 9.2 Written consent required 7.2. 9.1 Equipment, Labor, Materials and 6.3-6.5 Equipment rental, Cost of the Work 11.4.5.3 Equivalent Materials and Equipment 6.7 Errors or omissions 6.33 Evidence of Financial Arrangements 8.11 Explorations of physical conditions 4.2.1 Fee, CONTRACTOR's -Costs -Plus 11.6 Field Order- definition of 1.19 issued by ENGINEER 3.6.1, 9.5 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment- and Acceptance 14.13 -14.14 Prior to, for cash allowances 11.8 General Provisions 17.3 -17.4 General Requirements- definition of 1.20 principal references to 2.6, 6.4, 6.6-6.7, 6.24 Giving Nonce 17.1 Guarantee of Work -by CONTRACTOR 6.30, 14.12 Hazard Communication Programs 6.22 Hazardous Waste- definition of 1.21 general 4.5 OWNER's responsibility for 8.10 Indemnification 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules 2.9 Inspection- Certificates of 9.13.4, 13.5, 14.12 Final 14.11 Special, required by ENGINEER 9.6 Tests and Approval 8.7, 13.3 -13.4 Insurance - Acceptance of, by OWNER 5.14 Additional, required by changes in the Work 11.4.5.9 Before starting the Work 2.7 Bonds and -in general 5 Cancellation Provisions 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations 5.4.13 CONTRACTOR's Liability 5.4 CONTRACTOR's objection to coverage 5.14 Contractual Liability 5.4.10 deductible amounts, CONTRACTOR's responsibility 5.9 Final Application for Payment 14.12 Licensed Insurers 5.3 Notice requirements, material changes 5.8, 10.50 Option to Replace 5.14 other special insurances 5.10 OWNER as fiduciary for insureds 5.12 -5.13 OWNER's Liability 5.5 OWNER's Responsibility 8.5 Partial Utilization, Property Insurance 5.15 Property 5.6 -5.10 Receipt and Application of Insurance Proceeds 5.12 -5.13 Special Insurance 5.10 Waiver of Rights 5.11 Intent of Contract Documents 3.1 -3.4 Interpretations and Clarifications 3.6.3, 9.4 Investigators of physical conditions 4.2 Labor, Materials and Equipment 6.3-6.5 Lands - and Easements 8.4 Availability of 4.1, 8.4 Reports & Tests 8.4 Laws and Regulations-Laws or Regulations - Bonds 5.1 -5.2 Changes in the Work 10.4 Contract Documents 3.1 CONTRACTOR's Responsibilities 6.14 Correction Period, defective Work 13.12 Cost of the Work, taxes 11.4.5.4 definition of 1.22 general 6.14 Indemnification 6.31 -6.33 Insurance 5.3 Precedence 3.1, 3.3.3 Reference to 3.3.1 Safety and Protection 6.20, 13.2 Subcontractors, Suppliers and Others 6.8-6.11 Tests and Inspections 13.5 Use of Premises 6.16 Visits to Site 9.2 Liability Insurance- CONTRACTOR's 5.4 OWNER's 5.5 Licensed Sureties and Insurers 5.3 Liens - Application for Progress Payment 14.2 Contractor's Warranty of Tide 14.3 Final Application for Payment 14.12 definition of 1.23 Waiver of Claims 14.15 Limitations on ENGINEER's authority and responsibilities 9.13 Limited Reliance by CONTRACTOR Authorized 4.2.2 Maintenance and Operating Manuals - Final Application for Payment 14.12 Manuals (of others) - Precedence 3.3.3.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Reference to in Contract Documents 3.3.1 Materials and equipmem- fumished by CONTRACTOR 6.3 not incorporated in Work 14.2 Materials or equipment - equivalent 6.7 Mediation (Optional) 16.7 Milestones-definition of 1.24 Miscellaneous- Computation of Times 17.2 Cumulative Remedies 17.4 Giving Notice 17.1 Notice of Claim 17.3 Professional Fees and Court Costs Included 17.5 Multi-prime contracts 7 Not Shown or Indicated 4.3.2 Notice of Acceptability of Project 14.13 Award, definition of 1.25 Claim 17.3 Defects 13.1 Differing Subsurface or Physical Conditions 4.2.3 Giving 17.1 Tests and Inspections 13.3 Variation, Shop Drawing and Sample 6.27 Notice to Proceed - definition of 1.26 giving of 2.3 Notification to Surety 10.5 Observations, by ENGINEER 6.30, 9.2 Occupancy of the Work 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR 6.9, 9.13 "Open peril" policy form, insurance 5.6.2 Option to Replace 5.14 "Or Equal" Items 6.7 Other work 7 Overtime Work - prohibition of 6.3 OWNER - Acceptance of defective Work 13.13 appoint an ENGINEER 8.2 as fiduciary 5.12 -5.13 Availability of Lands, responsibility 4.1 definition of 1.27 data. furnish 8.3 May Correct Defective Work 13.14 May refuse to make payment 14.7 May Stop the Work 13.10 may suspend work, terminate 8.8, 13.10, 15.1 -15.4 Payment, make prompt 8.3, 14.4, 14.13 performance of other Work 7.1 permits and licenses, requirements 6.13 purchased insurance requirements 5.65.10 OWNER's- Acceptance of the Work 6.30.2.5 Change Orders, obligation to execute 8.6, 10.4 Communications 8.1 Coordination of the Work 7.4 Disputes, request for decision 9.11 9 Inspections, tests and approvals 8.7, 13.4 Liability Insurance 5.5 Notice of Defects 13.1 Representative- During Construction, ENGINEER's Status 9.1 Responsibilities - Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material 8.10 Change Orders 8.6 Changes in the Work 10.1 communications 8.1 CONTRACTOR's responsibilities 8.9 evidence of financial arrangements 8.11 inspections, tests and approvals 8.7 Insurance 8.5 lands and easements 8.4 prompt payment by 8.3 replacement of ENGINEER 8.2 reports and tests 8.4 stop or suspend Work 8.8, 13.10, 15.1 terminate CONTRACTOR's services 8.8. 15.2 separate representative at site 9.3 independent testing 13.4 use or occupancy of the Work 5.15, 14.10 written consent or approval required 9.1, 6.3, 11.4 written notice required 7.1, 9.4, 9.11. 11.2, 11.9, 14.7, 15.4 PCBs - defmidon of 1.29 general 4.5 OWNER's responsibility for 8.10 Partial Utilization - defmition of 1.28 general 6.30.2.4, 14.10 Property Insurance 5.15 Parent Fees and Royalties 6.12 Payment Bonds 5.1 -5.2 Payments, Recommendation of 14.4 -14.7, 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments 14.2 CONTRACTOR's Warranty of Tide 14.3 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14.13 -14.14 general 8.3, 14 Partial Utilization 14.10 Retainage 14.2 Review of Applications for Progress Payments 14.4 -14.7 prompt payment 8.3 Schedule of Values 14.1 Substantial Completion 14.8 -14.9 Waiver of Claims 14.15 when payments due 14.4, 14.13 withholding payment 14.7 Performance Bonds 5.1 -5.2 Permits 6.13 Petroleum- definition of 1.30 gem 4.5 OWNER's responsibility for 8.10 Physical Conditions - Drawings of, in or relating to 4.2.1.2 ENGINEER's review 4.2,4 existing structures 4.2.2 general 4.2.1.2 Subsurface and 4.2 Underground Facilities 4.3 Possible Contract Documents Change 4.2.5 Possible Puce and Times Adjustments 4.2.6 Reports and Drawings 4.2.1 Notice of Differing Subsurface or 4.2.3 Subsurface and 4 , 2 Subsurface Conditions 4.2.1.1 Technical Dam, Limited Reliance by CONTRACTOR Authorized 4.2.2 Undergromxl Facilities general 4.3 Not Shown or Indicated 4.3.2 Protection of 4.3, 6.20 Shown or Indicated 4.3.1 Technical Dam 4.2.2 Preconswction Conference 2.8 Preliminary Matters 2 Preliminary Schedules 2.6 Premises, Use of 6.16 -6.18 Price, Change of Contract 11 Price, Contract - definition of 1.11 Progress Payment. Applications for 14.2 Progress payment- retainage 14.2 Progress schedule, CONTRACTOR's 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2,1 Project- definition of 1.31 Project Representative - ENGINEER's Status During Construction 9.3 Project Representative, Resident -definition of 1.33 prompt payment by OWNER 8.3 Property Insurance Additional 57 general 5.6 -5.10 Partial Utilization 5.15, 14.10.2 receipt and application of proceeds 5.12 -5.13 Protection, Safety and 6.20-6.21, 13.2 Punch list 14.11 Radioactive Material- definition 1.32 general 4.5 OWNER's responsibility for 8.10 Recommendation of Payment 14.4, 14.5, 14.13 Record Documents 6.19, 14.12 Records, procedures for maintaining 2.8 Reference Points 4.4 Reference to Standards and Spec cations of Technical Societies 3.3 10 Regulations, laws and(or) 6.14 Rejecting Defective Work 9.6 Related Work - at Site 7.1 -7.3 Perforated prior to Shop Drawings and Samples submittals review 6.28 Remedies, cumulative 17.4, 17.5 Removal or Correction of Defective Work 13.11 rental agreements, OWNER approval required 11.4.5.3 replacement of ENGINEER, by OWNER 8.2 Reporting and Resolving Discrepancies 2.5, 3.3.2, 6.14.2 Reports - and Drawings 4.2.1 and Tests, OWNER's responsibility 8.4 Resident Project Representative - definition of 1.33 provision for 9.3 Resident Superintendent, CONTRACTOR 5 6.2 Responsibilities CONTRACTOR's -in general 6 ENGINEER'S -in general 9 Limitations on 9.13 OWNER's -in general 8 Retainage 14.2 Reuse of Documents 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal 6.25 Review of Applications for Progress Payments 14.4 -14.7 Right t0 an adjustment 10.2 Rights of Way 4.1 Royalties, Patent Fees and 6.18 Safe Structural Loading Safety- and Protection 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general 6.206.23 Representative, CONTRACTOR's 6.21 Samples - definition of 1.34 general 6.24 -6.28 Review by CONTRACTOR 6.25 Review by ENGINEER 6.26, 6.27 related Work 6.28 submittal of 6.24.2 subminal procedures 6.25 Schedule of progress 2.6, 2.8 -2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawings and Sample Submhals 2.6, 2.8 -2.9, 6.24 -6.28 Schedule of Values 2.6, 2.8 -2.9, 14.1 Schedules - Adherence to 15.2.1 Adjusting 6.6 Change of Concoct Times 10.4 Initially Acceptable 2.8 -2.9 Preliminary 2.6 Scope of Changes 10.3 -10.4 Subsurface Conditions 4.2.1.1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 Shop Drawings and Samples, general 6.24 -6.28 Change Orders & Applications for Payments, and 9.7 -9.9 definition of 1.35 ENGINEER's approval of 3.6.2 ENGINEER's responsibility for review 9.7, 6.24-6.28 related Work 6.28 review procedures 2.8, 6.246.28 submittal required 6.24.1 Submittal Procedures 6.25 use to approve substitutions 6.7.3 Shown or Indicated 4.3.1 Site Access 7.2, 13.2 Site Cleanliness 6.17 Site, Visits to- by ENGINEER 9.2, 13.2 by otters 13.2 "Special causes of loss" policy form, insurance 5.6.2 Specifications- definition of 1.36 of Technical Societies, reference to 3.3.1 precedence 3.3.3 Standards and Specifications of Technical Societies 3.3 Starting Construction, Before 2.5 -2.8 Starting the Work 2.4 Stop or Suspend Work - by CONTRACTOR 15.5 by OWNER - 8.8, 13.10, 15.1 Storage of materials and equipment 4.1, 7.2 Structtual Loading, Safety 6.18 Subcontractor - Concerning 6.8-6.11 definition of 1.37 delays 12.3 waiver of tights 6.11 Subcontractors-in general 6.8 -6.11 Subcontracts- required provisions 5.11, 6.11, 11.4.3 Submittals- Applications for Payment 14.2 Maintenance and Operation Manuals 14.12 Procedures 6.25 Progress Sebedules 2.6, 2.9 Samples 6.24 -6.28 Schedule of Values 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions 2.6, 2.8 -2.9 Shop Drawings 6.24 -6.28 Substantial Completion- certification of 6.30.2.3, 14.8 -14.9 definition of 1.38 Substitute Construction Methods or Procedures 6.7.2 Substitutes and "Or Equal" Items 6.7 CONTRACTOR's Expense 6.7.1.3 ENGINEER's Evaluation 6.7.3 "Or- Equal" 6.7.1 Substitute Construction methods of Procedures 6.7.2 Substitute Items 6.7.1.2 Subsurface and Physical Conditions- Drawings of, in or relating to 4.2.1.2 ENGINEER's Review 4.2.4 general 4.2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions 4.2.3 Physical Conditions 4.2.1.2 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Reports and Drawings 4.2.1 Subsurface and 4.2 Subsurface Conditions at the Site 4.2.1.1 Technical Data 4.2.2 Supervision - CONTRACTOR's responsibility 6.1 OWNER shall not supervise 8.9 ENGINEER shall not supervise 9.2, 9.13.2 Superintendence 6.2 Superintendent, CONTRACTOR's resident 6.2 Supplemental costs 11.4.5 Supplementary Conditions- definition of 1.39 principal reference to 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3,5.4,5.6-5.9, 5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents 3.6 Supplier- definition of 1.40 principal references to 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights 6.11 Surety- conserit to final payment 14.12, 14.14 ENGINEER has no duty to 9.13 Notification of 10.1, 10.5, 15.2 qualification of 5.1 -5.3 Survival of Obligations 6.34 Suspend Work, OWNER May 13.10, 15.1 Suspension of Work and Termination- 15 CONTRACTOR May Stop Work or Terminate 15.5 OWNER May Suspend Work 15.1 OWNER May Terminate 15.2 -15.4 Taxes - Payment by CONTRACTOR 6.15 Technical Dan - Limited Reliance by CONTRACTOR 4.2.2 Possible Price and Times Adjustments 4.2.6 Reports of Differing Subsurface and Physical Conditions 4.2.3 Temporary construction facilities 4.1 Termination- by CONTRACTOR 15.5 by OWNER 8.8. 15.1 -15.4 of ENGINEER's employment 8.2 Suspension of Work -in general 15 Terms and Adjectives 3.4 Tests and Inspections- Access to the Work, by others 13.2 Utilization, Partial 1.28, 5.15, 6.30, 2.4, 14.10 CONTRACTOR's responsibilities 13.5 Value of the Work 11.3 cost of 13.4 Values, Schedule of 2.6, 2.8 -2.9, 14.1 covering Work prior to 13.6 -13.7 Variations in Work -Minor Laws and Regulations (or) 13.5 Authorized 6.25, 6.27, 9.5 Notice of Defects 13.1 Visits of Site -by ENGINEER 9.2 OWNER May Stop Work 13.10 Waiver of Claims-on Final OWNER's independent testing 13.4 Payment 14.15 special, required by ENGINEER 9.6 Waiver of Rights by insured parties 5.11, 6.11 timely notice required 13.4 Warranty and Guarantee, General-by Uncovering the Work, at ENGINEER's CONTRACTOR 6.30 request 13.8 -13.9 Warranty of Title, CONTRACTOR's 14.3 Times- Work - Adjusting 6.6 Access to 13.2 Change of Contract 12 by others, 7 Computation of 17.2 Changes in the 10 Contract Tunes -definition of 1.12 Continuing the 6 d 17.72 CONTRACTOR May Stop Work Milestones 12 or Terminate 15.5 Requirements- Coordination of 7.4 appeals 16 Cost of the 11.4-11.5 clarifications, claims and disputes 9.11, 11.2, 12 definition of 1.43 commencement of contract times 2.3 neglected by CONTRACTOR 13.14 preconstntction conference 2.8 other Work 7 schedules 2.6, 2.9, 6.6 OWNER May Stop Work 13.10 starting the Work 2.4 OWNER May Suspend Work 13.10, 15.1 Title, Warranty of 14.3 Related, Work at Site 7.1 -7.3 Uncovering Work 13.8 -13.9 Starting the 2.4 Underground Facilities, Physical Conditions- Stopping by CONTRACTOR 15.5 definition of 1.41 Stopping by OWNER 15.1.15.4 Not Shown or Indicated 4.3.2 Variation and deviation authorized, protection of 4.3, 6.20 minor 3.6 Shown or Indicated 4.3.1 Work Change Directive - Unit Price Work- claims pursuant to 10.2 claims 11.9.3 definition of 1.44 definition of 1.42 principal references to 3.5.3, 10.1 -10.2 general 11.9, 14.1, 14.5 Written Amendment . Unit Prices- definition of 1.45 genet 11.3.1 principal references to 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, Determination for 9.10 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Use of Premises 6.16, 6.18, 6.30.2.4 Written Clarifications and Utility owners 6.13, 6.20, 7.1 -7.3, 13.2 Interpretations 3.6.3, 9.4, 9.11 Written Notice Required - by CONTRACTOR 7.1, 9.10 -9.11, 10.4, 11.2, 12.1 by OWNER 9.18-9.11, 10.4, 11.2, 13.14 12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS ARTICLE 1— DEFINITIONS thereof: Whenever used in these General Conditions or in other Contract Documents. the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definitionof a listed - defined term. the term shall have a meanie" as defined below whether capitalized or italicized or otherwise. 1.1. Addenda- Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement-The wrinen contract 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. 1.3. Application for Payment-The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents -The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements -The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds - Performance and Payment bonds and other instruments of security. 1.9. Change Omer -A document recommended by ENGI- NEER, 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 Times, issued on or after the Effective Date of the Agreement. 1.10. 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 13 Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times -The numbers of days or the dates stated in the Agreement:(i) to achieve Substantial Completion, and (u) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR -The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings -The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. 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. 1.17. ENGINEER The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant -A person, firm or corpo-ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. 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 Times. 1.20. General Requirements—Sections of Division 1 of the Specifications. 1.21. Hazardous Waste -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations -Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens- Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone -A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. 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. 1.26. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CON - TRACTOR's obligations under the Contract Documents. 1.27. OWNER -The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization -Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs- Polychlorinatedbiphenyls. 1.30. Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non - Hazardous Wastes and crude oils. 1.31. 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. 1.32. Radioactive Material- Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative -The authorized representativeof ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples— Physical examples of materials, equipment or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings -All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications -Those portions of the Contract Doc- uments consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. 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. 1.38. 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 no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier -A manufacturer, fabricator, supplier, dis- tributor, materialmanor vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities -All pipelines, conduits, ducts, cables, wires, 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 communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work -Work to be paid for on the basis of unit prices. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 1 1.43. Work -The entire completed construction or the var- ious separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive -A written directive to CON- TRACTOR, 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 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. 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 construction - related aspects of the Contract Documents. 1.46. Day - A "calendar day" unless otherwise defined within these Contract Documents. 1.47 Furnish or Install or Provide or Supply - The word "Furnish" or the word "Install" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean FURNISHING AND INCORPORATING IN THE WORK including all necessary labor, materials. equipment. and everything necessary to perform the Work indicated. unless specifically limited in the context. ARTICLE 2-- PRELIMINARYMATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) 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. Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice 5 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 Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shallmav start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and-E41-applisable- field- against all applicable field measurements and conditions. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.6.3.1. Where a Contract or Bid item is awarded on a lump sent basis, the Contractor shall tile with the Engineer a balanced price segregation of his lump sum hid into items similar to the various subdivisions of the general and detailed specifications. the stun of which shall equal the lump sum hid. The cost of various materials shall be furnished upon request of the 1, h� and such data will then he used as a basis for making piwopress estimates. Breakdown cost itemized by trade and :pecitication section and distribute cast to individual applicable units and structures. Where structures, units, equipment, or other components are identified by a specific series or. identification number. utilize said designation throughout cost hreakdown. Provide detailed hreakdown for individual yard piping or conduit tuns and identify approximate quantities involved to satisfaction of the Engineer. Provide separate breakdown Mr change order items or items requested. Provide an additional breakdown sheet, equivalent to AIA document G703, showing the tabulation format for stored materials. Submit this sheet each month with Contractor's pay request hreakdown. The detail and format of cost hreakdown and stored materials tabulation sheet shall be fully approved by Engineer. 2.7. Before any Work at the site is started, CONTRACTOR and - -OWNER shall each deliver to the- otherOWNER with copies to each additional insured identified in the Supplementary Condi -tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively- -areis required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstrucdon Conference: 2.8. Atier Notice of Award, but before auy Work at the site is started a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedules 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work no interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. 2.9.1. For Progress Schedule see Specification Section 01060. For Schedule of Shop Drag ings see Section 01340. 16 ARTICLE 3-- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agree- ment 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. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well -known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.2.1. The Specification may vary in form, torntat and style. Some specification sections are written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omissions of such words and phrases as "the Contractor shall," "in conformity with." "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making claims for extra Work. 3.2.2. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited 10:" and elsewhere within each specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provisionof any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilitiesof OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. 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 17 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, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. 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: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. 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: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptionby ENGINEER. ARTICLE 4 -- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 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. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 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. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identificationo£ 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized ;; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR'spurposes, including, but not limited m, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 18 4.2.2.2. other data, interpretations ,opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretationof or conclu- sion drawn from any "technical data" or any such data, interpretations,opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER 's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR' s cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition Must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorizationof nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR'smaking such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim maybe made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. 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 Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground 19 Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 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, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. 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 Times, 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 that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided In Articles 11 and 12. However. OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, 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. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage 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 (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. 20 ARTICLE 5- -BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations 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 form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's 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 ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4.— OWNLR shall dalivar ro CONTRACTOR, with eepico to Ccnditioe ..ertificotes of insurance (end other evidence of insurancz requested by CONTRACTOR or any other additional accionlan.::: with paragraphs' 5.6 and 5.7 her xif. CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such 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 Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON - TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33. 21 5.4.11. 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 nonce has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions i:rued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions evidence satisfactoryto OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.4.14. With respect to all insurance reouired by this paragraph 5.4., CONTRACTOR agrees to waive all rights of subrogation against OWNER, ENGINEER, and each additional insured identified in the General Conditions. OWNER's Liability Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER CONTRACTOR shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors,ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all -risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falseworkand Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER within thirty days written notice to each other additional insured. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by OWNER or CONTRACTOR 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 notice has been given to OWNER and CONTRACTOR and to each other additional insured issued —and will contain waiver provisions in accordance with paragraph5.11. 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 identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insutancebe included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, 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. 22 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER 's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or other insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 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 m 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 any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. 5.15.1 All insurance required by the CO UT3Gt Documents. or bw laws or regulations shall remain in t55 i5tre and effect on 23 all phases of the Work. whether or nor the Work is occupied or utilized by OWNER. until all Work included in the agreement has been completed and final payment has been made. 5.15.2. Nothing contained in the insurance requirements shall he construed as limiting lice extent of CONTRACfOR's responsibility for payment of damages resulting from CONTRACTOR's operations under the Contract. CONTRACTOR agrees that CONTRACTOR alone shall be completely responsible for procuring and maintaining full insurance coverage as provided herein or as may be otherwise required by the Contract Documents. Any approval by OWNER or ENGINEER shall not operate to the contrary. ARTICLE 6-- CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Rxeept xaniee -te-- ENGINEER, In the absence of anv Federal. state or local laws, regulations or covenants. the CONTRACTOR may conduct its performance of the Work at the CONTRACTOR's sole discretion, except that the cost of any overtime psy or other expense incurred by the OWNER for Resident Project Representative and construction ohservation services, occasioned by the conduct of Work on Saturday Sunday. any legal holiday, or as overtime on any regular work day, shall be reimbursed to the OWNER by the CONTRACTOR. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel, power, light, beat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing. start -up and comple- tion of the Work. 6.4.1. Where the Work requires equipment be furnished, due to the lack of standardization of equipment as produced by the various manufacturers, it may become necessary to make minor modifications in the structures, buildings. pining, mechanical work, electrical work, accessories, controls, or other work, to accommodate the particular equipment offered. CONTRACTOR's hid price for any equipment offered shall include the cost of making any necessary changes subject to the approval of ENGINEER. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All items of standard equipment shall be the latest model at the time of delivery. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR 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 instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (o the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or- Equal " Items: 24 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specificationor description is intended to establish the type, function and quality required. Unless the specificationor description contains or is followed by words reading that no like, equivalent or "or- equal" item or no substitution is pennitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEERunder the following circumstances: 6.7.1.1. "Or- Equal ": If in ENGINEER's sole discre- tion an item of material or equipmentproposedby CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be consideredby ENGINEER as an "or- equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or- equal" item under subparagraph6.7. 1. 1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriateunder the circumstances. Re- quests for review of proposed substitute items of material or 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 first make written appli- cation to ENGINEER for acceptancethereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited o the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON - TRACTOR's achievementof 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. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CON7RACTOR'sExpense: All data to be provided by CONTRACTOR in support of any proposed "or- equal" or substitute item will be at CONTRACTOR's expense, 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or- equal" or 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 performance guarantee or other surety with respect to any "or- equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.7.4. See Section 01640. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (mcluding 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 reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the 25 Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER'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 so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted 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. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identification of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 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 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. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from 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. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist 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 time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 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 performs any Work knowing or having reason to know that it is contrary to Laws or 26 Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. 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 equip- ment, the storage of materials and equipment and the operations of workers to the 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 dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 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 premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. 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. 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 Change Direc- tives, 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. CONTRACTOR shall include accurate locations for buried and imbedded items. 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: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporatedtherein, 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 desig- nated 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 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 own- ers 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 6.20.3 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 ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as 27 all the Work is 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 Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. 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 au- thorization from OWNER or ENGINEER, 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 by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit required Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.1.1. Shop Drawings submitted as herein provided by CONTRACTOR and reviewed by ENGINEER for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by OWNER. 6.24.1.2. When Shop Drawings are submitted for the purpose of showing the installation in greater detail their review shall not excuse CONTRACTOR from requirements shown on the Drawings and Specifications. 6.24.1.3. For - Information -Only- For -Future-Use submittals upon which the ENGINEER is not expected to conduct review or take responsive action may be so identified in the Contract Drawings. 6.24.2. CONTRACTOR shall also submit required Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.24.3. If a Shop Drawing or Sample, as submitted, indicates a variation from the Contract Requirements as set forth in the Contract Documents and ENGINEER finds same to be in the interest of OWNER and to he so minor as not to involve a change in the Contract Price or time for performance, ENGINEER may approve the Shop Drawings or Samples; provided however, such departure is slight in nature and does not affect the design concept of the Work. CONTRACTOR shall submit all Shop Drawings and Samples sufficiently in advance of construction requirements to allow ainple time for checking, correcting, resubmitting and rechecking and to avoid any delay in progress of the Work. 6.24.4. See Section01340. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto. 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all informationrelative to CONTRACTOR's sole responsibilitiesin respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 28 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON - TRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the lime of each submission CONTRACTOR shall give ENGINEER specific written notice of such variations if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variatiox variation; otherwise CONTRACTOR will not he relieved of the responsibility of executing the Work in accordance with the Contract Documents. even though such Shop Drawings or Samples have been otherwise reviewed. 6.25.4. Shop Drawings and Sample submittals not conforming to requirements of this paragraph 6.25 and Section 01340 will he returned to CONTRACTOR without action for resuhmitnd and the resulting delay shall be entirely the responsibility of CONTRACTOR. 6.25.5. See Section 01340. 6.26. ENGINEER will review and approve required Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident 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 required 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 paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.27.1. ENGINEER's check and review of Shop Drawings and Samples, specifications and descriptive literature submitted by CONTRACTOR will be only for general conformance with design concept, except as otherwise provided, and shall not be construed as: 6.27.1.1. permitting any departure from the Contract requirements; 6,27.1.2. relieving CONTRACTOR of the responsibility for any error in details. dimensions or otherwise that may exist in such submittals: 6.27.1.3. constituting a blanket approval of dimensions, quantities, or details of the material or equipment shown; or 6.27.1.4. approving departures from additional details or instructions previously furnished by ENGINEER. Such check or review shall not relieve CONTRACTOR of the full responsibility of meeting all of the requirements of the Contract Documents. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibihtyof CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR' s warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- 29 gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (1) 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 (ii) is caused in whole or in part by any- negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, 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 caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnifiedparty by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, 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 6.31 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, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused solely by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7- -OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 30 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8— OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when 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 ref- erence points are set forth in paragraphs 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 drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, 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 CON- TRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 -- ENGINEER'S STATUS DURING CONSTRUCTION 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 repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work, ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. 9.3.1. ENGINEER's Resident Project Representative shall not authorize any deviation from the Contract Documents or substitutions of materials or equipment, unless authorized by ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided 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 Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or may recommend to OWNER that OWNER reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec -tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. The acceptance, at anv tune, of materials or equipment by or on behalf of OWNER shall not he a bar to future rejection if they are subsequently found to be defective. inferior in quality, or uniformity to material or equipment specified. or are not as represented to ENGINEER or OWNER. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in 32 accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or 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 start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 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 such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 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 14-15) 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 pursuant to Article 16. 9.13. Limitations on ENGINEER'sAuthority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organizationperform - ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentationand all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc - uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. 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. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. 33 Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, 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 Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13, or correcting Work under paragraph 13.4, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken 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 (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. 10.6. Change Proposal Request 10.6.1. When OWNER requests CONTRACTOR to present a proposal to accomplish a change in the Work. the request will be made in the form of a Change Proposal Request (CPRt prepared by ENGINEER. The CPR will describe the chance and request CONTRACTOR to propose a cost and C'onuaci Time change. CONTRACTOR will propose cost and time changes, provide a breakdown for the costs, sign the CPR and return it to ENGINEER. ENGINEER will make recommendations to OWNER concerning acceptance. If the CPR is approved by OWNER, the CPR will be included in a Change Order. CONTRACTOR is not authorized to proceed with a change contained in a CPR until the Change Order is properly signed and issued. 10.6,2. When the CONTRACTOR desires to propose changes to the Work, it may initiate a CPR in the same form as provided in Paragraph 10.6.1. and submit the CPR to the ENGINEER for the ENGINEER's review and recommendation. ARTICLE 11— CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. MI duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's 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 adjust- ment 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 start of the occurrence or 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 the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 34 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, 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 paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full -time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. 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 Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. 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, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR'sem- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed 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 constructionequipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof- -all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or pans shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them 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) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. lf, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 35 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage 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. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON - TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'sprincipalor a branch office for general administrationof 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 consid- ered administrativecosts covered by the CONTRACTOR's fee. 11.52. Expenses of CONTRACTOR'sprincipal and branch offices other than CONTRACTOR' s office at the site. 11.5.3. Any part of CONTRACTOR'scapital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent 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. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR'sfee shall be fifteen percent. 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR'sfee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. 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 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER 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 furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR' s costs for unloading and han- dling on the site, labor, installationcosts, overhead, profit and other expenses contemplated for the allowances have 36 been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. 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 correspondingly adjusted. 11.9. 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 price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. Work described in the Contract Documents but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as a part of the unit price. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNERbe- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12— CHANGE OF CONTRACT TIME 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) 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 Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.1.1. No extensional the Contract Time will be allowed for additional Work or for claimed delay unless the additional Work contemplated or claimed delay is shown to be on the critical path of the Proieet's schedule of construction or CONTRACTOR can show by Critical Path Method analysis how the additional Work or claimed delay adversely affects the critical path. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.3.1. OWNER, at OWNER's sole discretion, may waive the requirements of paragraph GC -12.3. and grant extensions to the Contract Time for any reason OWNER deems valid, 12.3.2. Time extensions will not be granted for rain wind, flood. or other natural phenomena of normal intensity for the locality where Work is perfonned. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous one- fourth of the Contract Time involved with the average of the preceding 5 -year climatic ranee during the same time interval based on U.S. Weather Bureau sta [Clues for the locality where the Work is perfumed. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such 37 delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13- -TESTS AND INSPECTIONS CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice Of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual know -ledge will be given to CONTRACTOR. All defective Work may be rejected corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, rested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume MI responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR 's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 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. 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. 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 re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); ,4raelei OWNER shall be entitled to accept defective Work and be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the atnount thereof, may make a claim therefroe as provided in Article 11, in which case CONTRACTOR shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 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 Times (or Milestones), or both, directly attributable to such uncovering, exposure. ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Work: 3R 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, 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 surety or other party. Correction or Removal of Defective Wort: 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 Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1 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: (1) correct such defective Work, or if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completionof all the Work, the correctionperiod for that item may start to run from an earlier date if so provided in the Specificationsor by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correctionperiod hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). 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 recommenda- tion, 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 from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR 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 pro- ceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of 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 employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, 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 claims costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. 39 ARTICLE 14— PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph2.9 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 com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment 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. 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 indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions 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 re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER 's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation 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 determinationof quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER 's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 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 the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent 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, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct tive Work or complete Work in accordance with paragraph 13.14, or ao 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR' s performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set -off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction 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 sub- stantially 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 Com- pletion 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 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 and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTORuntil final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR 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 at OWNER's option of any sub- stantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion 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 that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such 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 substantially 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. 41 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Finallnspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR 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 complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work from which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such 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 construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been and completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend fmal payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Application and accompanying documentation, in appropriate form 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 com- pletion 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 retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent 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 Appli- cation 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. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspectionpursu - ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER and/or ENGINEER other than those previously made in writing and still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend 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 42 so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, 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 paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; and Regulation, terminate the CONTRACTOR (without liability t CONTRACTOR for .astained by OWNER arising out f r resulting from completing tho Work such excess will bo paid to incurred by OWNER will be rovi wcd by ENCINEER as t OWNER will provide written notice to CONTRACTOR and Surety to arrange a conference with CONTRACTOR and Surety to address CONTRACIOR's failure to perform the Work. Conference shall he held not earlier than {7} days, nor later than 15 days, after receipt of notice. If the OWNER, the CONTRACTOR, and the Surety do not agree to allow the CONTRACTOR to proceed to perform the Construction Contract, the OWNER may, to the extent permitted by Laws and Regulations. declare a CONTRACTOR Default and formally terminate the CONTRACTOR's right to complete the Contract. CONTRACTOR Default shall not be declarer] earlier than 20 days after she CONTRACTOR and Surety have received notice of conference to address CONTRACTOR's failure to perform the Work, If CONTRACTOR's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of notice to CONTRACTOR that the services of CONTRACTOR have been terminated, or if Surety has taken over for CONTRACTOR and while prosecuting the Work in lieu of CONTRACTOR. anv one or more of the events cited in 15.2.1. through 15.2.4. occur, then OWNER. without process or action at law, may take over any portion of the Work and complete it as described below. If OWNER completes the Work, OWNER may exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the saute 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. Whether OWNER or Surety completes the Work, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims costs, losses and damages sustained tw OWNER arising out of or resulting from completing the Work. such excess will be paid to CONTRACTOR. 1t' such claims costs losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and dantaoes incurred by OWNER will he reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph. OWNER shall not he required to obtain the lowest price for the Work performed. Neither OWNER. ENGINEER, nor any of their respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to CONTRACTOR or Surety for the method by which the completion of the said Work, or anv portion thereof, may he accomplished or for the price paid therefore. OWNER, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from CONTRACTOR or Surety for CONTRACTOR's failure to timely complete the entire Contract. CONTRACTOR shall not he entitled to any claim for damages on account of the method used by OWNER in completing the Contract. 43 Maintenance of the Work shall continue to he CONTRACTOR's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplicationof any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 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 tour or other public author- ity, 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 CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16— DISPUTE RESOLUTION 0.11, and 9.12, OWNER and CONTRACTOR may xor iac disputer OWNER and CONTRACTOR may exercise such rights or remedies as either may have under the Contract Documents or by Laws or Regulations in respect to resolution of any dispute, subject to Paragraphs GC -9.10. 9.11, and 9.12. ARTICLE 17 MISCELLANEOUS 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 Times: 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. 17.2.2. A calendar day of twenty -four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or 44 act of the other party or of any of the other party's employees or agents or others 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. Cumulative Remedies: 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 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 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 them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs included: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] •_1 . •u.. • greemen Be OWTNE a _d CONTRACTOR Doted For use with EJCDC No. 1910 8(1990 ed.) OWNER. and CONTRACTOR -hereby agrc that Article 16 • OWNER and CONTRACTOR. If b 45 eentf-aetlesse 16.7. OWCILR and CONTRACT R agre4hat-they-ska14-fica 46 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00805 2 SUPPLEMENTARY CONDITIONS TO 3 EJCDC GENERAL CONDITIONS, 1910 -8 (1996 EDITION) 4 (FOR USE WITH REDLINE /STRIKEOUT VERSION OF GC'S) 5 6 7 Supplementary Conditions 8 9 These Supplementary Conditions amend and supplement Section 00700 - General 10 Conditions, and other provisions of the Contract Documents as indicated below. All 11 provisions of the General Conditions that are amended or supplemented remain in full force 12 and effect as so amended or supplemented. All provisions of the General Conditions which 13 are not so amended or supplemented remain in full force and effect. 14 15 Defined Terms 16 17 The terms used in these Supplementary Conditions which are defined in the General 18 Conditions have the meaning assigned to them in the General Conditions. 19 20 Amendments and Supplements 21 22 The following are instructions that amend or supplement specific paragraphs in the General 23 Conditions and other Contract Documents. 24 25 26 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 27 28 SC -1.18 29 30 Add a new paragraph immediately after paragraph GC -1.18 which is to read as follows: 31 32 A listing of ENGINEER'S Consultant(s) is as follows: 33 Baker — Aichlen Associates, Inc. 34 Fugro South, Inc. 35 36 37 ARTICLE 2 — PRELIMINARY MATTERS 38 39 SC -2.10 40 41 Add the following items to Article 2 of the General Conditions: 42 43 2.10.1 ENGINEER 44 07225.031.036 00805 -1 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00805 -2 1 The word "Engineer" in these Specifications shall be understood as 2 referring to the City of Round Rock, 221 East Main Street, Round Rock, 3 Texas 78664, Engineer of the Owner, or the Engineer's authorized 4 representative to act in any particular position for the Owner. 5 6 2.10.2. COPIES OF PLANS AND SPECIFICATIONS FURNISHED 7 8 The Agreement will be prepared in not less than five (5) counterpart 9 (original signed) sets. Owner will furnish Contractor two (2) sets of 10 conforming Contract Documents and Specifications and four (4) sets of 11 Plans free of charge, and additional sets will be obtained from the 12 Engineer at commercial reproduction rates plus 20% for handling. 13 14 2.10.3 GOVERNING CODES 15 16 All construction as provided for under these Plans and Specifications 17 shall be governed by any existing Resolutions, Codes and Ordinances, and 18 any subsequent amendments or revisions thereto as set forth by the 19 Owner. 20 21 2.10.4 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME 22 23 The Contractor agrees that time is of the essence for this Contract and that 24 the definite value of damages which would result from delay would be 25 incapable of ascertainment and uncertain, so that for each day of delay 26 beyond the number of days herein agreed upon for the completion of the 27 work herein specified and contracted for, after due allowance for such 28 extension of time as is provided for under the provisions of the General 29 Conditions, the Owner may withhold permanently from the Contractor's 30 total compensation, not as penalty but as liquidated damages, the sum(s) 31 as indicated in the Bid Form. 32 33 2.10.5 LOCATION 34 35 The location of work shall be as mentioned in the Notice to Bidders and as 36 indicated on Plans. 37 38 2.10.6 USAGE OF WATER 39 40 All water used during construction shall be provided by the City. The City 41 shall specify the location from which the Contractor is to procure water. 42 The Contractor shall be responsible for providing all apparatus necessary 43 for procuring, storing, transporting and using water during construction. 44 The Contractor shall strive to use that amount of water which is reasonable 45 to perform the work associated with this contract and shall endeavor to 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00805 -3 1 avoid excessive waste. The Contractor will be required to pay for all 2 water used if it is found that unnecessary or excessive waste is occurring 3 during construction. 4 5 2.10.7 PAY ESTIMATES 6 7 If pay estimates from the Contractor are not received by the Engineer on 8 or before the time specified in the General Conditions, then the pay 9 estimate will not be processed and will be returned to Contractor. 10 11 12 SC -2.11 13 14 2.11.1 CROSSING UTILITIES 15 16 Prior to commencing the work associated with this contract, it shall be the 17 Contractor's responsibility to make arrangements with the Owners of such 18 utility companies to uncover their particular utility lines or otherwise 19 confirm their location. Certain utility companies perform such services at 20 their own expense, however, where such is not the case, the Contractor 21 will cause such work to be done at his own expense. 22 23 2.11.2 UTILITY SERVICES FOR CONSTRUCTION 24 25 The Contractor will be responsible for providing his own utility services 26 while performing the work associated with this contract. No additional 27 payment will be made for this item. 28 29 2.11.3 GUARANTEES 30 31 The Contractor warrants the materials and workmanship and that the work 32 is in conformance with the plans and specifications included in this 33 contract for the period that the Warranty Bond, as outlined in Section 04 34 of the Special Conditions, is in effect. Upon notice from Owner, the 35 Contractor shall repair defects in all construction or materials which 36 develop during specified period and at no cost to Owner. Neither final 37 acceptance, Certificate of Completion, final payment nor any provision in 38 Contract Documents relieves Contractor of above guarantee. Notice of 39 observed defects will be given with reasonable promptness. Failure to 40 repair or replace defect upon notice entitles Owner to repair or replace 41 same and recover reasonable cost thereof from Contractor. 42 43 2.11.4 MINIMUM WAGE SCALE 44 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00805 -4 1 Contractors are required to pay prevailing wage rates to laborers, 2 workmen and mechanics employed on behalf of the City engaged in the 3 construction of public works. The wage rate for these jobs shall be the 4 general prevailing wage rates for work of a similar character. This applies 5 to Contractors and Subcontractors. The Contractors and Subcontractors 6 shall keep and make available records of workers and their wages. 7 Contractors and Subcontractors shall pay the prevailing wage rates as 8 adopted by the Owner. There is a statutory penalty of $60.00 per worker 9 per day or portion of a day that the prevailing wage rate is not paid by the 10 Contractor or any Subcontractor. 11 12 2.1L5 LIMIT OF FINANCIAL RESOURCES 13 14 The Owner has a limited amount of financial resources committed to this 15 Project; therefore, it shall be understood by all bidders that the Owner may 16 be required to change and/or delete any items which he may feel is 17 necessary to accomplish all or part of the scope of work within its limit of 18 financial resources. Contractor shall be entitled to no claim for damages 19 or anticipated profits on any portion of work that may be omitted. At any 20 time during the duration of this contract, the Owner reserves the right to 21 omit any work from this contract. Unit prices for all items previously 22 approved in this contract shall be used to delete or add work per change 23 order. 24 25 2.11.6 CONSTRUCTION REVIEW 26 27 The Owner shall provide a project representative to review the quality of 28 materials and workmanship. 29 30 2.11.7 LIMITS OF WORK AND PAYMENT 31 32 It shall be the obligation of the Contractor to complete all work included 33 in this Contract, so authorized by the Owner, as described in the contract 34 documents and technical specifications. All items of work not specifically 35 paid for in the bid proposal shall be included in the unit price bids. Any 36 question arising as to the limits of work shall be left up to the 37 interpretation of the Engineer. 38 39 2.11.8 PAYMENT FOR MATERIALS ON HAND 40 41 Owner will not pay for materials on hand. Payment will be made for work 42 completed in accordance with monthly estimate procedure stipulated in 43 the General Conditions of the Agreement. 44 45 2.11.9 "AS- BUILT" DRAWINGS 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 The Contractor shall mark all changes and revisions on all of his copies of 3 the working drawings during the course of the Project as they occur. 4 Upon completion of the Project and prior to final acceptance and payment, 5 the Contractor shall submit to the Engineer one set of his working 6 drawings, dated and signed by himself and his project superintendent and 7 labeled as "As- Built ", that shows all changes and revisions outlined above 8 and that shows field locations of all above ground appurtenances including 9 but not limited to valves, fire hydrants and manholes. These as -built 10 drawings shall become the property of the Owner. Each appurtenance 11 shall be located by at least two (2) horizontal distances measured from 12 existing, easily identifiable, immovable appurtenances such as fire 13 hydrants or valves. Property pins can be used for as- builts tie -ins provided 14 no existing utilities as previously described are available. Costs for 15 delivering as-built drawings shall be subsidiary to other bid items. 16 17 2.11.10 LAND FOR WORK 18 19 Owner provides, as indicated on Drawings, land upon which work is to 20 done, right -of -way for access to same and such other lands which are 21 designated for use of Contractor. Contractor provides, at his expense and 22 without liability of Owner, any additional land and access thereto that may 23 be required for his construction operations, temporary construction 24 facilities, or for storage of materials. 25 26 2.11.11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES 27 28 Whenever existing utilities, not indicated on Plans, present obstructions to 29 grade and alignment of proposed improvements immediately notify 30 engineer, who without delay, will determine if existing utilities are to be 31 relocated, or grade and alignment of proposed improvements changed. 32 Where necessary to move existing services, poles, guy wires, pipelines, 33 etc., as determined by the Engineer, the Contractor will make 34 arrangements with the owner of the utility to be moved and have it moved. 35 The costs of any utility relocations will be at the Contractor's sole expense. 36 Owner will not be liable for relocations costs or damages on account of 37 delays due to changes made by owners of privately owned utilities which 38 hinder progress of the work. 39 40 2.11.12 CONSTRUCTION STAKING 41 42 All construction staking required to complete the work associated with this 43 contract shall be provided by the Contractor. The Contractor shall be 44 responsible for determining the layout and extent of staking necessary to 45 construct the improvements to the lines and grades shown in the Plans. 07225.031.036 00805 -5 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00805 -6 1 This item shall not be paid for separately and shall be considered 2 subsidiary to other bid items. 3 4 5 6 SC -2.12 7 8 2.12.1 TRAFFIC CONTROL 9 10 Access shall be provided for residents and emergency vehicles at all times. 11 When it becomes necessary to restrict access, the Contractor shall notify 12 all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). 13 At the end of each day two lanes of traffic shall be opened to the public. 14 The Contractor shall be responsible for all maintenance, signing and safety 15 precautions necessary for traffic control. This item shall be considered 16 subsidiary to other bid items and no additional compensation shall be 17 given for complying with this Special Condition. 18 19 20 ARTICLE 5 — BONDS AND INSURANCE 21 22 SC -5.4A. 23 24 Contractor shall carry insurance in the following types and amounts for 25 the duration of this Contract, which shall include items owned by Owner 26 in care, custody and control of Contractor prior and during construction 27 and warranty period, and fumish Certificates of Insurance along with 28 copies of policy declaration pages and all policy endorsements as evidence 29 thereof: 30 31 a. Statutory Worker's Compensation and minimum $100,000 32 Employers Liability Insurance. 33 34 b. Commercial General Liability Insurance with minimum limits of 35 $500,000 per occurrence and $1,000,000 Aggregate or $500,000 36 for this designated project and $100,000 Fire Damage. 37 38 c. Automobile Liability Insurance for all owned, nonowned and hired 39 vehicles with minimum limits for Bodily Injury of $250,000 for 40 each person and $500,000 for each occurrence and Property 41 Damage limits of $100,000 or Combined Single Limit of 42 $600,000. 43 44 d. On all new or remodeling building projects: All Risk Builders 45 Risk Insurance for insurable building projects shall be insured in 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 the amount of the contract price for such improvements. Owner 2 and Contractor waive all rights against each other for damages 3 caused by fire or other perils to the extent covered by Builders 4 Risk Insurance required under this section, except as to such rights 5 as they may have in the proceeds of such insurance. Contractor 6 shall require similar waivers by Subcontractors and Sub- 7 subcontractors. 8 9 e. Owner and Contractor's Protective Policy. The Contractor shall 10 provide and maintain during the life of this contract and until all 11 work under said contract has been completed and accepted by the 12 Owner, an Owner's and Contractor's Protective Policy which co- 13 insures the Owner and the Owner's agents and employees with the 14 same Commercial General Liability coverage as described above, 15 entitled "Commercial General Liability Insurance." 16 17 When offsite storage is permitted, policy will be endorsed for transit and 18 off site storage in amounts sufficient to protect property being transported 19 or stored. 20 21 This insurance shall include, as insured, City of Round Rock, City's 22 Engineer, Engineering Subconsultants, Contractor, Subcontractors and 23 Sub - subcontractors in the work, as their respective interest may appear. 24 25 If insurance policies are not written for amount specified in b. and c. 26 above, Contractor is required to carry an Excess Liability Insurance Policy 27 for any difference in amounts specified. 28 29 Contractor shall be responsible for deductibles and self insured retentions, 30 if any, stated in policies. Any self insured retention shall not exceed ten 31 percent of minimum required limits. All deductibles or self insured 32 retentions shall be disclosed on Certificate of Insurance required above. 33 34 Contractor shall not commence work at site under this Contract until he 35 has obtained required insurance and until such insurance has been 36 reviewed by Owner's Contract Administration Office. Contractor shall not 37 allow any Subcontractors to commence work until insurance required has 38 been obtained and approved. Approval of insurance by Owner shall not 39 relieve or decrease liability of Contractor hereunder. 40 41 Insurance to be written by a company licensed to do business in the State 42 of Texas at the time policy is issued and acceptable to owner. 43 44 Contractor shall produce an endorsement to each effected policy: 45 07225.031.036 00805 -7 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00805 -8 1 1. Naming City of Round Rock, 221 East Main Street, Round Rock, 2 Texas 78664 as additional insured (except Workers' Compensation 3 and Builders Risk). 4 5 2. That obligates the insurance company to notify Joanne Land, City 6 Secretary, City of Round Rock, 221 East Main Street, Round 7 Rock, Texas 78664 of any and all changes to policy 30 days prior 8 to change. 9 10 3. That the "other" insurance clause shall not apply to Owner where 11 City of Round Rock is an additional insured shown on policy. It is 12 intended that policies required in this agreement, covering both 13 Owner and Contractor, shall be considered primary coverage as 14 applicable. 15 16 Contractor shall not cause any insurance to be canceled nor permit any 17 insurance to lapse during term of this Contract or as required in the 18 Contract. 19 20 If Contractor is underwritten on a claim -made basis, the retroactive date 21 shall be prior to, or coincident with, the date of this Contract and the 22 Certificate of Insurance shall state that coverage is claims made and also 23 the retroactive date. Contractor shall maintain coverage for duration of 24 this Contract and for two years following completion of this Contract. 25 26 Contractor shall provide the City annually a Certificate of Insurance as 27 evidence of such insurance. It is further agreed that Contractor shall 28 provide Owner a 30 day notice of aggregate erosion, an advance of the 29 retroactive date, cancellation and/or renewal. 30 31 It is also agreed that Contractor will invoke the tail option at request of 32 Owner and the Extended Reporting Period (ERP) premium shall be paid 33 by Contractor. 34 35 Owner reserves the right to review insurance requirements of this section 36 during effective period of the Contract and to make reasonable 37 adjustments to insurance coverages and their limits when deemed 38 necessary and prudent by Owner based upon changes in statutory law, 39 court decisions or the claims history of the industry as well as Contractor. 40 41 Owner shall be entitled, upon request, and without expense, to receive 42 copies of policies and all endorsements thereto and may make any 43 reasonable requests for deletion or revision or modification of particular 44 policy terms, conditions, limitations or exclusions, except where policy 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 provisions are established by law or regulation binding upon either of the 2 parties hereto or the underwriter on any of such policies. 3 4 Actual losses not covered by insurance as required by the section shall be 5 paid by Contractor. 6 7 SC -5.5 8 9 Delete paragraph 5.5. 10 11 SC- 5.6A.1. 12 13 At the end of Paragraph 5.06A.1., add the following sentence: 14 15 "The insured and the additional insured shall be listed in the insurance coverage by specific 16 name and not by genre. Additional insureds shall be named as follows: 17 18 HDR Engineering, Inc. 2211 S. IH -35, Ste. 300 Austin, Texas 78741 19 Fugro South 1107 West Gibson St. Austin, Texas 78704 20 Baker - Aicklen & Assoc. 203 E. Main St., Ste. 201, Round Rock, Texas 78664" 21 22 SC- 5.6A.2. 23 24 At the end of Paragraph 5.06A.2., add the following sentence. 25 26 "Additional perils are as follows: explosion, and underground exposures." 27 28 29 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 30 31 SC -6.3. 32 33 Add new paragraph immediately after paragraph GC -6.3 which is to read as follows: 34 35 6.3. Wages 36 37 6.3.1. CONTRACTOR and each subcontractor shall prepare payrolls for the 38 Workers on the Project. Not later than the seventh (7th) day following the 39 payment of wages, the CONTRACTOR shall transmit to the OWNER, if 40 requested, a certified legible copy and two confirmed copies of such 41 payrolls. 42 43 6.3.2. CONTRACTOR and each Subcontractor shall pay all Workers not less than 44 the hourly rates set forth in the rate schedule set forth in Section 00830. 45 CONTRACTOR shall post at appropriate conspicuous points at the site of 07225.031.036 00805 -9 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00805 -10 1 the Project a schedule showing the wage rates for the various classes of 2 Workers to be engaged in the Work and all deductions, if any, required by 3 law to be made from unpaid wages actually earned by the Workers so 4 engaged. 5 6 6.3.3. CONTRACTOR and each subcontractor shall pay each Worker in full not 7 less often than once each two weeks. 8 9 6.3.4. CONTRACTOR agrees that, in the case of underpayment of wages to any 10 Worker on the Project by the CONTRACTOR or any Subcontractor, 11 OWNER may withhold from the CONTRACTOR out of payments due, and 12 amount sufficient to pay such Worker the difference between the wages 13 required to be paid under the Agreement and the wages actually paid such 14 Worker for the total number of hours worked and that OWNER may 15 disburse such amount so withheld by it for and on account of the 16 CONTRACTOR to the Worker to whom such amount is due. 17 CONTRACTOR further agrees that the amounts to be withheld pursuant to 18 this article may be in addition to other amounts that may be retained by 19 OWNER pursuant to other provisions of the Contract Documents. 20 21 6.3.5. The wages of each Worker shall be computed on the basis of eight (8) hours 22 per day, eight (8) hours continuous employment except for meal periods, 23 constituting a day's work. Legal holiday work shall be paid for at the 24 regular governing per diem wage rates. Work in excess of 40 hours per 25 week shall be paid for at 1 -1/2 times the basic rate of pay. CONTRACTOR 26 shall pay any and all costs associated with overtime work at no additional 27 cost to the Owner. 28 29 6.3.6. CONTRACTOR shall comply with Texas Worker's Compensation 30 Commission Rule 28 TAC Article 110.110. 31 32 SC - 6.15. 33 34 Add new paragraph immediately after paragraph GC -6.15 which is to read as follows: 35 36 6.15.1. Owner is an exempt organization as defined by Chapter 11, Property Tax 37 Code of Texas, and is hereby exempt from payment of sales taxes under 38 Chapter 151 of the Limited Sales, Excise, and Use Tax, revised Civil 39 Statutes of Texas. Contractor may purchase all materials incorporated into 40 realty in the performance of this Contract without paying sales tax in 41 accordance with State Comptroller's Rule 3.291. CONTRACTOR will be 42 liable for payment of the limited sales and use tax if CONTRACTOR uses 43 tangible personal property in some other manner or for some other purposes 44 than that listed above, and shall pay the tax based on the price paid for the 45 tangible personal property. 07225.03 1.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00805 -11 1 2 In the event of changes in the work, CONTRACTOR's charges to the 3 OWNER for any material incorporated into the project in excess of the 4 quantity provided for in the Agreement will be no less than the price paid 5 for such material by the CONTRACTOR. 6 7 In order for CONTRACTOR to purchase consumable materials by issuing a 8 resale certificate in lieu of payment of sales tax: 9 10 CONTRACTOR will transfer title of consumable, but not incorporated, 11 materials to OWNER at the time and point of receipt by the 12 CONTRACTOR, and no use may be made of the materials prior to passage 13 of title. 14 15 CONTRACTOR will be paid for these materials by OWNER as soon as 16 practicable. Payment will not be made directly but considered subsidiary to 17 the pertinent bid item. CONTRACTOR's monthly pay request will state 18 that the request includes consumables that were received during the month 19 covered by the estimate. 20 21 A representative of OWNER must be notified as soon as possible of the 22 receipt of these materials so that an inspection may be made by the 23 representative. Where practical, the materials will be labeled as the property 24 of "THE CITY OF ROUND ROCK, TEXAS." 25 26 SC -6.35 27 28 Add new paragraph immediately after paragraph GC -6.34 which is to read as follows: 29 30 6.35.1 Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming 31 the City of Round Rock as obligee will be required for public streets 32 constructed without lime stabilization of subgrade material when the 33 Plasticity Index of the subgrade is above 24. Warranty Bond shall remain in 34 effect for two (2) years from date of City of Round Rock acceptance of 35 improvements. Such bonds shall be from an approved surety company 36 holding a permit from the State of Texas to act as surety or other surety or 37 sureties acceptable to the Owner prior to final payment. 38 39 6.35.2 A one (1) year Warranty Bond in the amount of one hundred (100 %) percent 40 of the contract price will be required for all other improvements and shall be 41 submitted prior to final payment. Such bonds shall be from an approved 42 surety company holding a permit from the State of Texas to act as surety 43 (and acceptable according to the latest list of companies holding certificates 44 of authority from the Security of the Treasury of the United States) or other 45 surety or sureties acceptable to the Owner prior to final payment. 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 00805 -12 1 2 ARTICLE 9 - ENGINEER'S STATUS DURING CONTRUCTION 3 4 9.3.2. OWNER'S Site Representative shall have the following responsibilities and 5 authorities as outlined for the Resident project Representative (RPR) per Article 9 6 7 8 ARTICLE 11 - CHANGE OF CONTRACT PRICE 9 10 SC- 11.9.3. 11 12 Delete paragraph 11.9.3 and substitute the following: 13 14 11.9.1 The unit price of an item of Unit Price (typical) Work shall be subject to 15 reevaluation and adjustment under the following conditions: 16 17 11.9.3.1. If the total cost of a particular item of Unit Price Work amounts to 10 percent or 18 more of the Contract Price at time of Notice of Award and the variation in the 19 quantity of that particular item of Unit Price Work performed by 20 CONTRACTOR differs by more than 15 percent from the estimated quantity of 21 such item indicated in the Agreement; and 22 23 24 ARTICLE 12 — CHANGE OF CONTRACT TIME 25 26 SC -12.3. 27 28 Add a new paragraph after paragraph GC 12.3A. which is to read as follows: 29 30 "B. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of 31 normal intensity for the locality where Work is performed. For purpose of determining 32 extent of delay attributable to unusual weather phenomena, a determination shall be made 33 by comparing the weather for a minimum continuous period of at least one - fourth of the 34 Contract Time involved with the average of the preceding 5 -year climatic range during the 35 same time interval based on U.S. Weather Bureau statistics for the locality where the Work 36 is performed." 37 38 39 END OF SECTION 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 2 3 1 4 5 1 6 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00830 PREVAILING WAGE RATES (See attached information from the State General Services Commission and the accompanying Wage Rate Determinations.) 07225.031.036 00830 -1 City of Round Rock Water System Improvements April 1999 Contract No 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 General Services Commission 1711 San Jacinto - P.O. Box 13047 Austin, Texas 78711 -3047 Web Site: www.gsc.stace.tx.us (512) 463-3035 CHAIRMAN No.onso Jackson VICE-CHAIRMAN RMAN Ramiro 'Rare Guzman COMMISSIONERS deta de los Santos Dioniao Vital Flores, PE Barbara RuMno Gene Shia EXECUTIVE DIRECTOR T Trea.my Pertinent Information to All Public Entities Using Prevailing Wage Rate Determinations Produced by the General Services Commission 1. The contracting entity awarding any contract for non - federally funded, public works construction projects (regardless of size or dollar value) shall include in bid specification documents and contract documents a prevailing wage rate determination of per diem wages for the locality in which the work is to be performed, for each craft or type of workman or mechanic needed to execute the contract. The Prevailing Wage Rate Determination is defined as (1) the Prevailing Wage Rate Determination Information sheet (document number WR1001), (2) the Prevailing Wage Rate Determination for Building Construction Trades, and (3) the Department of Labor (DOL) Heavy Highway Determination. The DOL Heavy Highway rates are to be paid to workers engaged in site work determined to be five (5) feet beyond the building, extending to the property boundary. 2. It shall be the responsibility of the contracting entity to ensure that the General Contractor posts the applicable Prevailing Wage Rate Determination in a prominent easily accessible place at the work site. 3. It shall be the responsibility of the contracting entity to ensure that not less than the posted, specified rates are paid to all classifications of workmen, mechanics and laborers employed by the General Contractor and /or Subcontractors, in the execution of their contract with the contracting entity. 4. It shall be the responsibility of the contracting entity to take cognizance of wage rate disputes and/or complaints of all violations of the provisions of Chapter 2258 Texas Government Code Title 10. 5. It shall be the responsibility of the contracting entity to address the issue of fringe benefits in the bid specification documents and contract documents. The Prevailing Wage Rate Determinations produced by the General Services Commission include fringe benefits in the total wages. The bid specification documents and contract documents need to specify whether the contracting entity is requiring that fringe benefits be paid. 6. It shall be the responsibility of the contracting entity to address the issue of the use of apprentices and their payment rate in the bid specification documents and contract documents. The rates specified in the Prevailing Wage Rate Determination produced by the General Services Commission are journeyman rates. Historically, the apprentice rate is commensurate with the experience and skill of the worker. For example, on GSC projects, apprentices are paid at a rate of not less than 60% of the journeyman's wage. Also on GSC projects, at no time shall a journeyman supervise more than one (1) apprentice. Note: The terms journeyman and apprentice apply to both union and independent workers, and are not intended to imply that these positions are union workers only. 7. Some Prevailing Wage Rate Determinations for Building Construction Trades may indicate $0.00 in the "Total Wage" column, rather than a dollar amount. In such cases, The General Services Commission did not receive sufficient survey data to tabulate a prevailing wage for this worker classification, in the specified area, and can not provide a prevailing wage rate for this classification. Where this occurs, General Contractors and Subcontractors shall not be bound to a prevailing wage rate for the classification in question. WRIOOD November 1997 I 77(9 a ..,ed ..«yldpaper General Services Commission 1711 San Jacinto - P.O. Box 13047 Austin, Texas 78711 -3047 " Web Site: www.gsc.state.tx.us (512) 463-3035 Prevailing Wage Rate Determination Information The following information from Chapter 2258 Texas Government Code Title 10 should be included in your bid specification documents and contract documents: 2258.021. Duty of Governmental Entity to Pay Prevailing Wage Rates CNAIRIAAN Alphonse.1a.son VICEGUIRMAN Ramiro 'Ram' Gumlan COMMISSIONERS ,I g de Ns SeMes Dioniao Vldal Flores. RE Barbara Rushing Gene ExE E%EQfTIVE DIRECTOR Tom Treadway (a) The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. (b) Subsection (a) does not apply to maintenance work. (c) A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty (a) The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. (b) A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. (c) A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided by Section 2258.022. (d) The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. (e) A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: (1) take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and (2) withhold money forfeited or required to be withheld under this chapter from the payments to the contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. WR1001 July 1997 An Equal Opportunity Err.pioy_i Asbestos Worker Worker who removes and disposes of asbestos materials. Carpenter Worker who builds wood structures, or structures of any material which has replaced wood. Includes rough and finish carpentry, hardware and trim. Carpet Layer /Flooring Installer Worker who installs carpet and/or floor coverings - vinyl tile. Concrete Finisher Worker who floats, trowels, and finishes concrete. Data Communication/Telecom Installer Worker who installs data/telephone and television cable and associated equipment and accessories. Drywall Installer /Ceiling Installer Worker who installs metal framed walls and ceilings, drywall coverings, ceiling grids and ceilings. Electrician Skilled craftsman who installs or repairs electrical wiring and devices. Includes fire alarm systems, and HVAC electrical controls. Elevator Mechanic Craftsman skilled in the installation and maintenance of elevators. Fire Proofing Installer Worker who sprays or applies fire proofing materials. Glazier Worker who installs glass, glazing and glass framing. Heavy Equipment Operator Includes but not limited to all Cat tractors, all derrick - powered, all power operated cranes, back hoe, back filler, power operated shovel, winch truck, all trenching machines. Insulator Worker who applies, sprays, or installs insulation. Iron Worker Skilled craftsman who erects structural steel framing and installs structural concrete Rebar. Laborer /Helper Worker qualified for only unskilled or semi - skilled work. Lifting, carrying materials and tools, hauling, digging, clean -up. Lather /Plasterer Worker who installs metal framing and lath. Worker who applies plaster to lathing and installs associated accessories. Light Equipment Operator Includes but not limited to air compressors, truck crane driver, flex plane, building elevator, form grader, concrete mixer (less than 14 cf), conveyer. Mason Craftsman who works with masonry products, stone, brick, block, or any material substituting for those materials and accessories. Metal Building Assembler Worker who assembles pre -made metal buildings. Millwright Mechanic specializing in the installation of heavy machinery, conveyance, wrenches, dock levelers, hydraulic lifts and align pumps. Painter/Wall Covering Installer Worker who prepares wall surfaces and applies paint and /or wall coverings, tape and bedding. Pipefitter Trained worker who installs piping systems, chilled water piping and hot water (boiler) piping, pneumatic tubing controls, chillers, boilers, and associated mechanical equipment. Plumber Skilled craftsman who installs domestic hot and cold water piping, waste piping, storm system piping, water closets, sinks, urinals and related work. Roofer Worker who installs roofing materials, Bitumen (asphalt and cold tar), felts, fleshings, all types roofing membranes and associated products. Sheet Metal Worker Worker who installs sheet metal products. Roof metal, fleshings, and curbs, ductwork, mechanical equipment, and associated metals. Sprinkler Fitter Worker who installs fire sprinkler systems and fire protection equipment. Terrazzo Worker Craftsman who places and finishes Terrazzo. Tile Setter Worker who prepares wall and /or floor surfaces and applies ceramic tiles to these surfaces. Waterproofer /Caulker Worker who applies water proofing material to buildings. Products include sealant, caulk, sheet membrane, liquid membranes, sprayed, rolled, or brushed on. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Worker Classification Definition Sheet WRI002 GENERAL DECISION TX960043 03/15/96 TX43 General Decision Number TX960043 Superseded General Decision No. TX950043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, MCLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 0 03/15/1996 COUNTY(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 11/16/1991 Rates Fringes AIR TOOL OPERATOR 6.500 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SETTER 7.700 CARPENTER 9.054 CONCRETE FINISHER - PAVING 8.600 CONCRETE FINISHER - STRUCTURES 7.903 CONCRETE RUBBER 6.740 ELECTRICIAN 13.710 FLAGGER 5.150 FORM BUILDER - STRUCTURES 8.017 FORM LINER - PAVING & CURB 7.250 FORM SETTER - PAVING & CURB 7.683 FORM SETTER - STRUCTURES 7.928 LABORER- COMMON 6.078 LABORER - UTILITY 6.x52 MECHANIC 10.774 OILER 9.389 SERVICER 7.280 PAINTER - STRUCTURES 10.000 PILEDRIVER 6.600 PIPE LAYER 7.229 BLASTER 9.067 ASPHALT DISTRIBUTOR OPERATOR 7.304 ASPHALT PAVING MACHINE 7.945 BROOM OR SWEEPER OPERATOR 7.117 BULLDOZER, 150 HP & LESS 8.125 BULLDOZER, OVER 150 HP 8.593 CONCRETE PAVING CURING MACHINE 7.633 CONCRETE PAVING FINISHING MACHINE 9.067 CONCRETE PAVING GANG VIBRATOR 7.250 CONCRETE PAVING SAW 6.200 SLIPPORM MACHINE OPERATOR 8.700 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 C.Y. 8.427 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 ''A C.Y. &OVER 9.880 FOUNDATION DRILL OPERATOR. CRAWLER MOUNTED 10.475 FOUNDATION DRILL OPERATOR 10.923 TRUCK MOUNTED FRONT END LOADER 2 '/z C.Y. & LESS 7.499 FRONT END LOADER OVER 2'A C.Y. 8.255 HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 ROLLER, STEEL WHEEL OTHER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR - CRAWLER TYPE 7.539 TRACTOR - PNEUMATIC 6.707 TRENCHING MACHINE 6.850 WAGON-DRILL/BORING MACHINE/POST HOLE DRILLER OPERATOR 6.926 REINFORCING STEEL SETTER PAVING 8.158 REINFORCING STEEL SETTER STRUCTURES 9.062 STEEL WORKER- STRUCTURAL 9.242 SIGN ERECTOR 8.640 SPREADER BOX OPERATOR 6.541 BARRICADE SERVICER WORK ZONE 6.078 MOUNTED SIGN INSTALLER PERMANENT GROUND 6.078 TRUCK DRIVER -SINGLE AXLE LIGHT 6.493 TRUCK DRIVER -SINGLE AXLE HEAVY 6.674 TRUCK DRIVER - TANDEM AXLE SEMI- TRAILER 6.824 TRUCK DRIVER - LOWBOY/FLOAT 8.041 TRUCK DRIVER - TRANSIT MIX 6.078 WELDER 8.824 Unlisted classifications needed for work not included, within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively. bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 _$0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLERJCEILING INSTALLER $10.91 $0.00 $0.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00 $0.00 $10.56 INSULATOR $13.75 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $0.00 $0.00 $0.00 $12.18 LABORER/HELPER $7.48 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 $0.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 $0.00 $0.00 80.00 88.00 PIPEFITTER $18.10 $1.42 $1.80 $0.00 $21.32 PLUMBER $12.68 $0.00 50.00 $0.00 $12.68 ROOFER $10.00 $0.00 $0.00 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55 $0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20 50.00 $23.85 TERRAZZO WORKER $0.00* $0.00 $0.00 $0.00 $0.00* TILE SETTER $15.00 $0.32 $0.00 50.00 $15.32 WATERPROOFER/CAULKER $10.64 $0.00 $0.00 $0.00 510.64 COUNTY NAME. WILLIAMSON PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES * $0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. ,Property of General Services Commission, Based on 1996 Survey results) Date Printed: April 15, 1997 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION 1 GENERAL REQUIREMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01025 -1 SECTION 01025 2 MEASUREMENT AND PAYMENT 3 4 1. Payment will be made for items of Work as indicated in the Bid, and for which 5 measurement has been specified. No separate payment will be made for any Work for 6 which measurement has not been specified, and such Work shall be considered as 7 incidental to and included in the various Bid item prices. 8 9 2. Mobilization shall be considered to be performed after Owner approval of bonds and 10 insurance, and after 90% of Contractors equipment is on site. I I 12 3. Payment for steel tank demolition shall include all Work required to disassemble the 13 tank and appurtenances and remove the entire tank from the site. 14 15 4. Payment for demolition of above ground structures shall include all Work required to 16 demolish or disassemble all concrete, fencing, and other above ground piping and valving 17 on the site. 18 19 5. Payment for demolition of buried structures shall include all Work required to 20 demolish or disassemble all concrete, piping, valving and other buried structures on the 21 site. 22 23 6. Payment for regrading and vegetating the site shall include all Work required to fill 24 and level the site per existing natural ground contours and establish vegetation, both as 25 outlined in Section 01601. 26 27 END OF SECTION 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ' 34 35 36 37 38 39 ' 40 41 42 1 1 1 1 PART 1- GENERAL 1.01 DEMOLITION CONFERENCE SECTION 01060 SPECIAL CONDITIONS A. A pre- demolition conference shall be held after award of Contract. Engineer will notify the Contractor as to the date and time of the conference 1 week in advance of the proposed date. Contractor's Project Manager and Project Superintendent and Contractor's Subcontractor Representatives shall attend. 1.02 PROJECT SIGNS A. Furnish and install one of each of the following signs: 1. Contractor's standard sign approved by Owner. B. Install in location approved by Owner. Install one sign at each construction site. C. Signs not listed in this Specification permitted only upon approval of Owner. 1.03 PROJECT OFFICE /COMMUNICATIONS A. No field office is required B. The Contractor shall be required to provide a project manager for the project to be the single point of contact throughout the duration of the Contract. The Contractor's Project Manager will be responsible for attending project meetings, providing timeline and cost schedule updates, and any other coordination or correspondence required for the Project. 1.04 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE A. Refer to General Conditions. 01060 - 1 B. Contractor shall pick up all "no- charge" documents within 10 days from date of Notice to Proceed. C. Additional documents after "no- charge" documents will be furnished to Contractor at cost. 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A — Chisholm Valley Standpipe Demolition 01060 -2 1 1.05 ORDER OF DEMOLITION AND DEMOLITION SCHEDULE 2 3 A. Demolition will be scheduled to allow the Owner uninterrupted operation of 4 existing adjacent facilities. Coordinate connections with existing work to ensure 5 timely completion of interfaced items. 6 7 B. At no time shall Contractor or his employees modify operation of the existing 8 facilities or start demolition modifications without approval of the Owner except in 9 emergency to prevent or minimize damage. 10 11 C. Within 10 days after award of Contract, submit for approval a critical path type 12 schedule. Account for schedule of Subcontracts. Include proper sequence of 13 construction, various crafts, purchasing time, shop drawing approval, material 14 delivery, equipment fabrication, startup, demonstration, and similar time - consuming 15 factors. Show on schedule as a minimum, earliest starting, earliest completion, 16 latest starting, latest finish, and free and total float for each task or item. 17 18 Evaluate schedule bi- weekly. Update, correct, and rerun schedule and submit to 19 Engineer in triplicate with pay application to show rescheduling necessary to reflect 20 true job conditions. When shortening of various time intervals is necessary to 21 correct for behind schedule conditions, indicate steps to implement to accomplish 22 work in shortest schedule. Information shall be submitted to Engineer in writing 23 with revised schedule. 24 25 D. If Contractor does not take necessary action to accomplish work according to 26 schedule, he may be ordered by Owner in writing to take necessary and timely 27 action to improve work progress. Order may require increased work forces, extra 28 equipment, extra shifts or other action as necessary. Should Contractor refuse or 29 neglect to take such action authorized, under provisions of this contract, Owner may 30 take necessary actions including, but not necessarily limited to, withholding of 31 payment and termination of contract. 32 33 1.06 PROJECT MEETINGS 34 35 A. The Engineer will conduct meetings involving: 36 1. Contractor's project manager. 37 2. Contractor's project superintendent. 38 3. Owner's designated representative(s). 39 4. Engineer's designated representative(s). 40 5. Contractor's subcontractors as appropriate to the work in progress. 41 42 B. Meetings conducted as needed. 43 44 C. The Engineer will take meeting notes and submit copies to participants and 07225.031.036 City of Round Rock Water System Improvements Contract No. 4A — Chisholm Valley Standpipe Demolition April 1999 1 1 1 1 1 1 1 1 1 1' 1 1 1 1 1 1 1 1 1 07225.031.036 01060 -3 1 designated recipients identified at the Pre - Demolition Conference. Corrections, 2 additions or deletions to the notes shall be noted and addressed at the following 3 meeting. 4 5 D. The Engineer will schedule meetings for most convenient time frame. 6 7 1.07 SPECIAL CONSIDERATIONS 8 9 A. Contractor shall be responsible for negotiations of any waivers or alternate 10 arrangements required to enable transportation of materials to the site. 11 12 B. Contractor is required to maintain site security at each location to avoid vandalism 13 and destruction of City property. Contractor shall include in Bid proposal, the costs 14 associated with providing temporary security fencing around all active work areas at 15 each facility. Contractor shall provide security fencing /gating plan to Engineer for 16 review. 17 18 C. Maintain conditions of public streets to site such that access is not hindered as the 19 result of construction related activities. 20 21 1.08 HISTORICAL AND ARCHAEOLOGICAL 22 23 A. If during the course of construction, evidence of deposits of historical or 24 archaeological interest is found, the Contractor shall cease operations affecting the 25 find and shall notify the Owner. No further disturbance of the deposits shall ensue 26 until the Contractor has been notified by the Owner that Contractor may proceed. 27 Compensation to the Contractor, if any, for lost time or changes in construction 28 resulting from the find, shall be determined in accordance with changed or extra 29 work provisions of the Contract Documents." 30 31 END OF SECTION City of Round Rock Water System Improvements April 1999 Contract No. 4A — Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01560 -1 1 SECTION 01560 2 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 3 4 5 PART 1 - GENERAL 6 7 1.01 SUMMARY 8 9 A. Section Addresses: 10 1. Minimizing the pollution of air, water, or land; control of noise, the disposal of 11 solid waste materials, and protection of deposits of historical or archaeological 12 interest. 13 14 B. Related Sections include but are not necessarily limited to: 15 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the 16 Contract. 17 2. Division 1 - General Requirements. 18 19 1.02 SUBMITTALS 20 21 A. Shop Drawings: 22 1, See Section 01340. 23 2. Prior to the start of any construction activities submit: 24 a. A detailed proposal of all methods of control and preventive measures to be 25 utilized for environmental protection. 26 b. A drawing of the work area, haul routes, storage areas, access routes and 27 current land conditions including trees and vegetation. 28 c. A copy of the NPDES permit for storm water discharges from construction 29 activities. 30 d. A copy of the approved pollution prevention plan. 31 32 33 PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SECTION) 34 35 36 PART 3 - EXECUTION 37 38 3.01 INSTALLATION 39 40 A. Employ and utilize environmental protection methods, obtain all necessary permits, 41 and fully observe all local, state, and federal regulations. 42 43 B. Land Protection: 44 1. Except for any work or storage area and access routes specifically assigned for 45 the use of the Contractor, the land areas outside the limits of construction shall 46 be preserved in their present condition. Contractor shall confine his 47 construction activities to areas defined for work within the Contract Documents. 07225.031.036 City of Round Rock Water System Improvements April, 1999 Contract No. 4A — Chisholm Valley Standpipe Demolition 01560 -2 1 2. Manage and control all borrow areas, work or storage areas, access routes and 2 embankments to prevent sediment from entering nearby water or land adjacent 3 to the work site. 4 3. Restore all disturbed areas including borrow and haul areas and establish 5 permanent type of locally adaptable vegetative cover. 6 4. Unless earthwork is immediately paved or surfaced, protect all side slopes and 7 backslopes immediately upon completion of final grading. 8 5. Plan and execute earthwork in a manner to minimize duration of exposure of 9 unprotected soils. 10 6. Except for areas designated by the Contract Documents to be cleared and 11 grubbed, the Contractor shall not deface, injure or destroy trees and vegetation, 12 nor remove, cut, or disturb them without approval of the Engineer. Any damage 13 caused by the Contractor's equipment or operations shall be restored as nearly as 14 possible to its original condition at the Contractor's expense. 15 16 C. Erosion Protection: 17 1. Utilize methods necessary to effectively prevent erosion and control of 18 sedimentation and include the following: 19 a. Retardation: Mechanically retard rate of runoff by construction of diversion 20 ditches, terraces, and berms. Divert runoff to protect drainage courses. 21 b. Borrow constraints: Do not borrow soils from areas where environmental 22 controls are not possible. 23 c. Protect side and backslopes as soon as rough grading is complete by 24 accelerated growth of permanent vegetation, temporary vegetation, 25 mulching or netting. 26 d. Where slopes are to steep for stabilization, use hydroseeding, mulching 27 anchored in placed, cover by anchored netting, sodding, or combination to 28 prevent erosion. 29 e. Remove temporary protection prior to final grading operations. 30 31 D. Solid Waste Disposal: 32 1. Collect solid waste on a daily basis. 33 2. Provide disposal of degradable solid waste to an approved solid waste disposal 34 site. 35 3. Provide disposal of nondegradable solid waste to an approved solid waste 36 disposal site or in an alternate manner approved by Engineer and regulatory 37 agencies. 38 4. No building materials wastes or unused building materials shall be buried, 39 dumped, or disposed of on the site. 40 41 E. Fuel and Chemical Handling: 42 1. Store and dispose of chemical wastes in a manner approved by regulatory 43 agencies. 44 2. Take special measures to prevent chemicals, fuels, oils, greases, herbicides, and 45 insecticides from entering drainage ways. 46 3. Do not allow water used in onsite material processing, concrete curing, cleanup, 47 and other waste waters to enter a drainage way(s) or stream. 07225.031.036 City of Round Rock Water System Improvements October, 1998 Contract No.1 - Elevated Water Storage Reservoirs 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01560 -3 1 4. The Contractor shall provide containment around fueling and chemical storage 2 areas to ensure that spills in these areas do not reach waters of the state. 3 4 F. Control of Dust: 5 1. The control of dust shall mean that no construction activity shall take place 6 without applying all such reasonable measures as may be required to prevent 7 particulate matter from becoming airbome so that it remains visible beyond the 8 limits of construction. Reasonable measures may include paving, frequent road 9 cleaning, planting vegetative groundcover, application of water or application of 10 chemical dust suppressants. The use of chemical agents such as calcium 11 chloride must be approved by the Owner. 12 2. Utilize methods and practices of construction to eliminate dust in full 13 observance of agency regulations. 14 3. The Engineer will determine the effectiveness of the dust control program and 15 may request the Contractor to provide additional measures, at no additional 16 cost to Owner. 17 18 G. Buming: 19 1. Do not burn material on the site. If the Contractor elects to dispose of waste 20 materials by burning, make arrangements for an off-site burning area and 21 conform to all agency regulations. 22 23 H. Control of Noise: 24 1. Control noise by fitting equipment with appropriate mufflers. 25 26 I. Completion of Work: 27 1. Upon completion of work, leave area in a clean, natural looking condition. 28 2. Ensure all signs of temporary construction and activities incidental to 29 construction of required permanent work are removed. 30 31 32 END OF SECTION 07225.031.036 City of Round Rock Water System Improvements April, 1999 Contract No. 4A — Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01601 2 JOB CONDITIONS AND SITE WORK 3 4 PART 1— GENERAL 5 6 1.01 SUMMARY 7 8 A. Sections Includes 9 1. Job conditions. 10 11 B. Related Sections include but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements. Contract Forms, and Conditions of the 13 Contract. 14 2. Division 1 — General Requirements 15 16 1.02 PROJECT CONDITIONS 17 18 A. The attached site plan and photographs depict the water storage tank to be 19 demolished and removed. The entire tankage, including all associated piping, 20 valving and foundations are to be removed from site. This includes all items 21 visible above ground as well as those specified as buried below ground 22 including the concrete foundation of the tank. In addition, the fencing and 23 concrete gutter spillway are also to be demolished and removed from the site. 24 25 B. All material, once removed from the site, shall become the property of the 26 Contractor. The Contractor shall comply with all laws and regulations in the 27 removal and disposal of the tank and appurtenances. 28 29 C. The coating system for the steel tankage consists of a lead -based primer and 30 top -coat. The Contractor should be aware of this fact and must comply with 31 all local, state, and federal laws goveming the removal and disposal of the 32 steel members. 33 34 D. Perform all work with caution. The Contractor shall be responsible for any 35 damage to existing houses, other improvements or utilities as a result of the 36 demolition activities or Work on the site. 37 38 E. All demolition Work is to be coordinated with the City of Round Rock Water 39 Utilities Division and any access to system valving or piping should be 40 granted through said organization. The Contractor is not permitted to access 41 any portions of the City's system without consent of the Water 42 Superintendent. 43 07225.031.036 01601 -1 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 01601 -1 1 1.03 SITE CONDITIONS AND IMPROVEMENTS 2 3 A. Throughout the demolition, temporary silt fencing shall be installed around 4 the entire perimeter of the site as detailed in the attached Figure 642 -1. The 5 Contractor is responsible for all temporary erosion control measures in place 6 throughout the duration of the project. Silt fencing to remain in place until 7 vegetation has taken and Owner's representative is satisfied. Contractor is 8 then responsible for removing from site all silt fencing and temporary erosion 9 control. 10 11 B. Access to the Site shall be as indicated on the attached site plan, Figure 3. 12 13 C. All buried structures or materials removed from site are to be replaced with 14 suitable fill material to be placed and compacted up to the natural contour 15 lines indicated for the site. 16 17 D. Select Fill material shall be approved by the Engineer and shall consist of a 18 very sandy clay or a clayey sand in accordance with the Unified Soil 19 Classification System. Maximum particle size shall be 1 IN and the Plasticity 20 Index (PI) of the material should be between 5 and 15. The Liquid Limit (LL) 21 of the material shall be less than 35. 22 23 E. The time constraints for allowable work -days are Monday through Friday 24 from 7:00 a.m. to 6:00 p.m.. No week -end work will be allowed. 25 26 F. Power to be abandon back to service pole outside of existing tank site. All 27 poles to be removed inside tank area. 28 29 G. Fencing to be left on east and west side of property with exception of barb - 30 wire strands and support brackets. Poles to be capped with proper top piece 31 and horizontal bars to remain. The north and south fence is to be removed 32 completely. 33 34 END OF SECTION 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REV. DATE: 2/27/97 I DESCRIPTION: STANDARD MANUAL - z i n g GEOTEXTILE FABRIC STEEL FENCE POSTS . MAX. 6' SPACING - & WOVEN WIRE ,1 12 GA. WIRE akt NET BACKING TRENCH (BACKFILLED) SUPPORT 6/ MIN. TRENCH CROSS p� F� SECTION FABRIC TOE -IN SILT FENCE GENERAL NOTES: 1. STEEL POSTS WHICH SUPPORT THE SILT FENCE SHALL BE INSTALLED ANGLE TOWARD THE ANTICIPATED RUNOFF SOURCE. POST MUST BE A MINIMUM OF ONE FOOT. 2. THE TOE OF THE SILT FENCE SHALL BE TRENCHED IN WITH A SPADE MECHANICAL TRENCHER, SO THAT THE DOWNSLOPE FACE OF THE TRENCH AND PERPENDICULAR TO THE LINE OF FLOW. WHERE FENCE CAN NOT BE IN (E.G. PAVEMENT) WEIGHT FABRIC FLAP WITH WASHED GRAVEL ON UPHILL PREVENT FLOW UNDER FENCE. 3. THE TRENCH MUST BE A MINIMUM OF 6 INCHES DEEP AND 6 INCHES ALLOW FOR THE SILT FENCE FABRIC TO BE LAID IN THE GROUND AND WITH COMPACTED MATERIAL. 4. SILT FENCE SHOULD BE SECURELY FASTENED TO EACH STEEL SUPPORT TO WOVEN WIRE, WHICH IS IN TURN ATTACHED TO THE STEEL FENCE 5. INSPECTION SHALL BE MADE WEEKLY OR AFTER EACH RAINFALL EVENT OR REPLACEMENT SHALL BE MADE PROMPTLY AS NEEDED. 6. SILT FENCE SHALL BE REMOVED WHEN THE SITE IS COMPLETELY STABILIZED NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. 7. ACCUMULATED SILT SHALL BE REMOVED WHEN IT REACHES A DEPTH THE SILT SHALL BE DISPOSED OF IN AN APPROVED SITE AND IN SUCH AS TO NOT CONTRIBUTE TO ADDITIONAL SILTATION. STANDARD SYMBOL ON A SLIGHT EMBEDDED OR IS FLAT TRENCHED SIDE TO WIDE TO BACKFILLED POST OR POST. AND REPAIR SO AS OF 6 INCHES. A MANNER SF L= CITY OF AUSTIN DRAINAGE UTILITY SILT FENCE ADOPTED: 04 -01 -88 STANDARD NO. 642-1 SCALE: N.T.S. APPROVED DATE INITIAL: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01602 2 SEEDING 3 4 5 PART 1 - GENERAL 6 7 1.01 SUMMARY 8 9 A. Section Includes: 10 1. Seeding of all areas disturbed as a result of construction activities. u 12 B. Related Sections include but are not necessarily limited to: 13 1. Bidding Requirements, Contract Forms, and General Terms and 14 Conditions of the Contract. 15 2. Division 1 - General Requirements. 16 17 1.02 QUALITY ASSURANCE 18 19 A. Referenced Standards: 20 1. Standard Methods of the Association of Official Agricultural Chemists. 21 2. United States Department of Agriculture, (USDA): 22 a. Federal Seed Act. 23 3. Standard Specifications for Construction and Maintenance of Highways, 24 Streets and Bridges, Texas Department of Transportation. 25 26 1.03 SUBMITTALS 27 28 A. Shop Drawings: 29 1. See Section 01340. 30 2. Certification: 31 a. Certify each container of seed delivered will be labeled in accordance 32 with Federal and State Seed Laws and equals or exceeds Specification 33 requirements. 34 3. Other documents: 35 a. Copies of invoices for fertilizer, seed, and cellulose fiber mulch used 36 on Project showing grade furnished, along with certification of quality 37 and warranty. Ensure each lot of fertilizer is subject to sampling and 38 testing, at discretion of Engineer, in accordance with current methods 39 of Association of Official Agricultural Chemists. Furnish 40 identification tags from all bags of seed used on the project. Upon 41 completion of Project, a final check of total quantities of fertilizer, 42 seed, and cellulose fiber mulch used will be made against total area 43 seeded, and if minimum rates of application have not been met, 44 Engineer may require distribution of additional quantities to make up 45 minimum application specified. 07225.031.036 01602 -1 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition PLANTING RATES SEED MIXTURE LBS PURE LIVE SEED PER 1000 SF 9/15 — 3/1 Bermudagrass (unhulled) 2.0 Winter Rye 7.0 Total 9.0 3/2 — 9/14 Bermudagrass (hulled) 5.0 1 4. Soils analysis and fertilizer recommendations prepared by an independent, 2 qualified testing laboratory or agency. 3 4 5 PART2 PRODUCTS 6 7 2.01 GENERAL s 9 A. Topsoil: Provide for an offsite surficial topsoil, chocolate or sandy loam to material, to be dispersed onto all areas of the tank site within the property 11 boundaries. Provide for 1" to 2" of topsoil compacted to 85% of ASTM D698 12 and seeded upon as specified within this Section. Total estimated quantity of 13 material is approximately 40cy. Provide materials information from borrow 14 pit for Engineer's review prior to delivery of material. 15 16 B. Fertilizer: Complete, soluble fertilizer, uniform in composition, dry and 17 free - flowing, part of the elements of which are derived from organic sources. 18 It shall contain the following percentages by weight: 19 Nitrogen (N) 16 Phosphorus (P) 20 Potassium (K) 10 20 Deliver fertilizers mixed as specified, in standard size, unopened containers, 21 showing weight, analysis and name of manufacturer. Store in a weatherproof 22 storage place and in such a manner that the fertilizer will be kept dry and its 23 effectiveness not impaired. If and when bulk delivery and spreading of 24 fertilizer is authorized, provide with a notarized, written affidavit certifying 25 weight and analysis of the fertilizer. 26 27 28 29 30 31 32 33 34 35 36 01602 -2 07225.031.036 C. Grass Seed: Fresh, clean, new crop seed mixed in the proportions indicated in Table 1 below: TABLE 1 — SEED MIXTURES D. Mulch: Cellulose Fiber Mulch produced from grinding clean, whole wood chips with a labeled ash content not to exceed 7 %, designed for use in conventional hydraulic mulching of grass seed with fertilizers and other additives and shall be such that when applied, will form a strong, moisture - retaining mat without the need of an asphalt binder. 37 E. Water: Provide water for the execution of this work and maintenance until 38 Project Acceptance, capable of initiating and supporting plant growth, and free 39 of harmful or deleterious substances. City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 F. Erosion Control Blanket: 100% straw with lightweight photodegradable 3 netting on both sides. Netting sewn on 3 IN center or less. Minimum roll 4 width 7.5 FT. Approved products include: 5 1. Straw Mat by Erosion Control Systems, Tuscaloosa, AL. 6 2. S2 Straw Blanket by BonTerra America, Moscow, ID. 7 3. Or approved equal. 8 9 10 PART 3 - EXECUTION 11 12 3.01 GENERAL 13 14 A. Seed all areas disturbed by construction activities (areas which are filled, 15 excavated, receiving topsoil, or have lost vegetative cover due to construction 16 activities). 17 18 B. Plant seed within 30 days of completion of earthwork, grading, and topsoiling 19 to minimize erosion. 20 21 C. Do not commence work until topsoil is applied and fine grading is complete in 22 the area to be seeded. 23 24 D. Apply seed prior to installation of erosion control blanket. 25 26 3.02 PREPARATION 27 28 A. Cultivate all areas to be seeded to a depth of 4 IN. 29 30 B. Lightly roll or compact cultivated areas. 31 32 3.03 CELLULOSE FIBER MULCH SEEDING (HYDROMULCHING) 33 34 A. Seeding may be done whenever the weather and soil conditions are favorable, 35 or as otherwise authorized by the Engineer. 36 37 B. Application Rates: 38 1. Seed: See paragraph 2.01. Application rates are specified in pounds of 39 pure live seed per 1000 SF. Adjust actual application rates as necessary 40 depending on PLS of seed delivered to the project to achieve the 41 application rates specified. 42 2. Fertilizer: 13 LBS /1000 SF (Dry weight) or as necessary as determined by 43 soils analysis approved by the Engineer. 44 3. Cellulose Fiber Mulch: 70 LBS /1000 SF (Dry weight). 45 07225.031.036 01602 -3 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 01602 -4 1 C. Uniformly distribute the seed or seed mixture over all areas to receive 2 hydromulch. All varieties of seed, fertilizer, and cellulose fiber may be 3 distributed at the same time at the specified rate after being mixed and agitated 4 in the hydromulching machine for at least ten (10) minutes, in order to provide 5 a homogeneous mixture. Apply this mixture as a water slurry and achieve an 6 even, solid cover. 7 8 D. Protect all areas not to receive the hydromulch mixture from direct or 9 over - spray. Remove and clean all hydromulch from buildings, irrigation 10 equipment, trees, shrubs, curbs, pavement, fire hydrants, light and utility poles 11 and other site improvements. 12 13 E. Apply Specified type and quantity of fertilizer at start of first growing season 14 after application of hydroseeding mixture. 15 16 F. Install erosion control blanket immediately after hydroseeding to minimize 17 potential for erosion. Install approved blanket at locations indicated on the 18 Drawings or where slopes exceed 10 %, and in accordance with manufacturer's 19 instructions. 20 21 3.04 MAINTENANCE AND PROTECTION 22 23 A. Maintain turf areas until Project Acceptance by means of watering, fertilizing, 24 and re- seeding as necessary to establish a vigorous, healthy stand of grass. 25 26 B. Any turfed areas not showing sufficient growth within the twelve month 27 warranty period shall be prepared and re- hydromulched as specified. 28 "Sufficient growth" is defined as 85% cover with no bare areas exceeding 15 29 SF in area. 30 31 C. Protect all turf areas from erosion, rutting, or other damage. Correct all 32 damage which occurs by applying fresh topsoil and re- seeding. 33 34 END OF SECTION 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01710 -1 1 SECTION 01710 2 CLEANING 3 4 5 PART1- GENERAL 6 7 1.01 SUMMARY 8 9 A. Section Includes: 10 1. Intermediate and final cleaning of Work not including special cleaning of 11 closed systems specified elsewhere. 12 13 B. Related Sections include but are not necessarily limited to: 14 L Division 0 - Bidding Requirements, Contract Forms, and Conditions of the 15 Contract. 16 2. Division 1 - General Requirements. 17 18 1.02 STORAGE AND HANDLING 19 20 A. Store cleaning products and cleaning wastes in containers specifically designed 21 for those materials. 22 23 1.03 SCHEDULING 24 25 A. Schedule cleaning operations so that dust and other contaminants disturbed by 26 cleaning process will not fall on newly painted surfaces. 27 28 29 PART2- PRODUCTS 30 31 2.01 MATERIALS 32 33 A. Cleaning Agents: 34 1. Compatible with surface being cleaned. 35 2. New and uncontaminated. 36 3. For Manufactured Surfaces: Material recommended by manufacturer. 37 38 39 PART 3 - EXECUTION 40 41 3.01 CLEANING - GENERAL 42 43 A. Prevent accumulation of wastes that create hazardous conditions. 44 45 B. Conduct cleaning and disposal operations to comply with laws and safety orders 46 of governing authorities. 47 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition 1 C. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in 2 storm or sanitary drains or sewers. 3 4 D. Dispose of degradable debris at an approved solid waste disposal site. 5 6 E. Dispose of nondegradable debris at an approved solid waste disposal site or in 7 an alternate manner approved by Engineer and regulatory agencies. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 01710 -2 F. Handle materials in a controlled marmer with as few handlings as possible. G. Do not drop or throw materials from heights greater than 4 FT or less than 4 FT if conditions warrant greater care. H. On completion of work, leave area in a clean, natural looking condition. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. I. Do not burn on -site. 3.02 EXTERIOR (SITE) CLEANING A. Cleaning During Construction: 1. Construction debris: a. Confine in strategically located container(s): 1) Cover to prevent blowing by wind. 2) Haul from site minimum once a week. b. Remove from work area to container daily. 2. Vegetation: a. Keep weeds and other vegetation trimmed to 3 IN maximum height. 3. Soils, sand, and gravel deposited on paved areas and walks: a. Remove as required to prevent muddy or dusty conditions. b. Do not flush into storm sewer system. B. Final Cleaning: 1. Remove trash and debris containers from site: a. Re -seed areas disturbed by location of trash and debris containers. 2. Clean paved roadways. 3.03 FIELD QUALITY CONTROL A. Immediately following demolition and site work, conduct an inspection with Engineer to verify condition of all work areas. END OF SECTION 07225.031.036 City of Round Rock Water System Improvements April 1999 Contract No. 4A - Chisholm Valley Standpipe Demolition CHISHOLM VALLEY STAND PIPE DEMOLITION ONTRACT NO. 4A CHISHOLM VALLEY 1,25 MG ELEVATE TANK (NEW? CONTRACT NO. 1 SCALE: 1" = 2000' FER HDR Engineering, Inc. CHISHOLM VALLEY STANDPIPE DEMOLITION PROJECT LOCATION MAP PROJECT LOCATION CITY OF ROUND ROCK, WILLIAMSON COUNTY. TEXAS Dote APRIL, 1999 Attachment No. x 9/335 2 7 kOS2 36 ROyz3 25 2 4 'I IVE © o BROKEN BOW DRIVE IE— —, RO6fO /0 , 0670 80 1) ] 2 ROa1p8 fl06116 2.9 11 '08 115,i 2g ]3 k06108 CHISOLU VALLEY 5 ANDPIPE DEMOLITION CONTRACT N0. 4A PROJECT SITE 613 BROKEN BOW DR. ROUND ROCK. TEXAS 78681 LEGAL DESCRIPTION: CHI5CL12 vALLEY WEST. 5EC110N 3 (AMENDED) 8L0CK R. LOT 10 90 80.01 N 1 1 t0 7 0. 21 569 47 DRI VE 583.71 F I 1 59.0 0 60.66 (9 I CA) X 01 1 ■ N N 9 � . 1 � 60.66 1-U1 HDR Engineering, Inc. R055586 35/45 INVESTORS, L.P. 00C 9848753 187.8382 AC I I L 339° 13=57 E 53. TAX PLAT MAP PHOTO NUMBER CHISOLU VALLEY ti ](, 1.25 mC TANK (NEW) C / J 12& O CONTRACT N 1 l Y r,/ /VO U 9 ROC7 /5 8 AC CH150LU ALLEY STANDPIPE DEMOLITION CONTRACT N0. 40 LOCATION MD DIRECTION OF CAMERA SCALE: APPROX. SCALE: 1' =100' APPROX. PLAT INFORMATION OBTAINED FROM: 58838 8111412509 COUNTY COURTHOUSE, 1 11...,../..--- 200'.200' TE1PORARY PLATS AND 8500805 OFFICE. DENOLITION EASEMENT FOR FURTHER INFORMATION SEE: BEGIN F /ELO I CHISOLN VALLEY WEST SECTION 3 AMENDED NO TES HERE 1 CABINET 0 SLIDES 120.121 CHISHOLM VALLEY STANDPIPE DEMOLITION 806119 7 Date APRIL, 1999 Attachment N0. z MO • MN M - - - - - - - - • • - - - MO MI I 0 INSTALL M RESTRAINED PG A ON EXIST. GN TH 25 S0 FT. OF THRUST BLOCKING MANHOLE SPECIFIC NOTE: Q1 20022D0' TEMPORARY OEMO211100 EASEMENT TO BE PROVIDED AS SHOWN IN FIGURE 2. KEY PHOTO NUMBER L, E TI DN ONO CAMERA TrINOATOrETE 12 C2ERFLO SPLASHBLDCK BUILDING CAGE LADDER WITH (3) RESTING PLATFORMS AND (D) 3, SECTONS AND (( ) TOP BECTON VALLEY CHISDLIA NEST STANDPIPE 00 GAL. STANDPIPE PS-6" DIA. (APPROX.) r 106' HIGH ROOF HA CIRCUIT BREAKER �z HDR Engineering, Inc. _b ^�--B DRAIN AND R TRANSEAITTER 1-1I-1- UNDERGROUND CONTROL WIRES 2X12 IN CONDUIT ELECTRIC POLE NOT TO SCALE CHISOLM VALLEY STANDPIPE DEMOLITION PROJECT SITE MAP 613 BROKEN 80W DRIVE ROUND ROCK, TEXAS 78681 INSTALL kJ. RESTRAINED PLUG OM EXIST. 12012' TEE 1MTN 16 E0. FT. OF THRUST BLOCKING Dole APRIL, 1999 Figure 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HDR Engineering, Inc. PHOTO V0. t REFERENCE FIG -2 FOh LOCATION PHOTO NO. 2 PFFFREIVCE I IG -2 FOP LO CnTON C I.SHOLM VALE' STANOI'IHE D- IMOLIEION SITE PHOTOGRAPHS oete APRIL '999 ktachment No. a H)R Engineering, Ire PHOTO KO_ : REFERENCE FI0-2 FOR LOCATION PHOTO NO 7 REFERENCE FL- FOR LOCATION ' CnISHCLM VALLEY STANDP.PE DEMOLITION SITE FHOTOGK:AHHS ?PRII, '999 ALLacl•irie[[L 90. 5 HOR Engineering, Inc. PHOTO NO. 5 REFERENCE F,G -2 'OR LOCATION PHOTO NO. 5 REFERENCL =10 -3 FOR _OCAT'ON SITE fHC I DGRAPHS CHISPO'_M VALLEY STANDPIPE DPMOLITION IDc4n APRIL, 1999 A5ac' ^.rent no HER Engineering, Irc 'HO - 0 N0. / REFL2ENCE FIG —` 005 [005000 PHOTO 00. E REE°_RE00E FI; 505 I OCATION CH.SHOLVI VALLEY SSA \GPIPF EE1MOLT.ON SPE PHOTOGRAPHS APRIL, 1999 At_cchment nc T RESOLUTION NO. R- 99- 06- 10 -10E1 WHEREAS, the City of Round Rock has duly advertised for bids for the demolition of the Chisholm Valley standpipe, and WHEREAS, A &R Demolition has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of A &R Demolition, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with A &R Demolition for the demolition of the Chisholm Valley standpipe. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this loth day of June, 1999. iliST: #/ /LILT 4 E LAND, City Secretary K: \WP,ocS \RESOLUTr \R90610c1 .WPn /scg ROBERT A. STLUKA, ., Mayor City of Round Rock, Texas Iseler Demolition X X X X 45,600.00 Steelsmith Tank Co. X X X X 58,683.00 A &R Demolition, Inc. X X X X 34,000.00 J.T.B. Services, Inc. X X X X 35,500.00 Pittsburgh Tank & Tower Co. X X X X 34,250.00 Te -Con, Inc. X 88,500.00 bid_tabs4a.xls City of Round Rock Water System Improvements Contract No. 4A - Chisholm Valley Standpipe Demolition Bidders Tabulation Sheet 5113199 DATE: May 26, 1999 To: Jim Nuse, P.E. Public Works Director From: Steven Miller, P.ECS' Facilities Engineer (_FI CITY OF ROUND ROCK INTEROFFICE MEMORANDUM Subj: Water System Improvements, Contract 4A - Tank Demolition Attached is the engineer's letter of recommendation for the demolition of Chisholm Valley Standpipe. This tank is to be demolished and removed upon completion of the new Chisholm Valley Elevated Tank which is scheduled for late July of this year. The bid amount of $34,000 is below the engineers estimate of $50,000 and the company, A &R Demolition, Del Valle, Tx., has a project record indicating competency in this type of work Therefore, I concur with the engineers endorsement and recommend the City Council accept the low bid and award this project to A &R Demolition. PUBLIC WORKS DEPARTMENT May 13, 1999 Mr. Steve Miller, P.E. Utilities Engineer City of Round Rock 2008 Enterprise Round Rock, TX 78664 Re: City of Round Rock Water System Improvments Recommendation — Contract No. 4A Chisholm Valley Standpipe Demolition Dear Mr. Miller: On May 4, 1999 Bids were opened for the project referenced as Chisholm Valley Standpipe Demolition. After reviewing the Bids submitted, we have summarized the alternatives for award in the attached table. The lowest qualified responsive Bidder for the project is A & R Demolition, Inc. who submitted a Bid amount of $34,000. This Bid amount is below our estimate of $50,000, but still appears reflective of the effort required to perform the Work. We have reviewed the financial status, backlog of work, commitment to the project schedule, and quality control of A & R Demolition, Inc. and we have no concerns with their ability to perform the work indicated. Although they do not have much project experience in standpipe demolition, they have successfully completed what projects they have taken on. Therefore, we are recommending award of the project to A & R Demolition, Inc. We will forward you Notice of Award and Contract Packets upon Council approval of award. Please call should you have any questions or need any further information. Sincerely, James A. Yurczyk, Jr., P.E. Project Manager JAY/bbc Enclosures Xc: Raymond Reveile, A & R Demolition, Inc. (w /o enclosures) via fax 243 -2990 HDR Engineering, Inc. Employee -owned hD: 1 2211 South IH 35 Telephone Suite 300 512 912 -5100 Forum Park Fax Austin, Texas 512 442 -5069 78741 DATE: June 4, 1999 SUBJECT: City Council Meeting, June 10, 1999 ITEM: 10.E.1. Consider a resolution authorizing the Mayor to execute a Contract with A & R Demolition for the demolition of the Chisholm Valley Standpipe for $34,000. Staff Resource Person: Jim Nuse, Public Works Director.