Contract Documents for 1 ] ADDISON POND IMPROVEMENTS ] J ] 1 Town of AddisonI Engineering Department Bid No. 95-15 J I I March 1995 I :l Prepared by: ] C ler-Buagess Consultants in Engineering. Architecutre, Planning and the Environment J 7950 Elmbrook, Suite 250 Dallas, Texas 75247 J ) caB No. 94315001D .,I I " SECTION BIDDING 00020 00100 00300 00500 00600 00700 00800 DIVISION 01010 01025 01027 01040 01200 01300 01340 01350 01440 01500 01605 01705 01710 01720 DIVISION 02050 02105 02272 02273 DIVISION 03300 95200301 ADDISON. TEXAS CONTRACT DOCUHENTS AND SPECIFICATIONS TABLE OF CONTENTS CONSTRUCTION SET TITLE ISSUED BY TOWN OF ADDISON REQUIREMENTS, CONTRACT FORKS AND 􀁃􀁏􀁎􀁄􀁉􀁔􀀭􀁾􀁾􀀼􀁦􀁊􀁅􀁐􀁁􀁒􀁔􀁍􀁅􀁎􀁔􀀠1 2 3 Imitation to Sidders NAME: 􀁡􀁾􀁥􀁁􀁔􀁅􀀺􀀱􀀰􀀻􀁨􀁃Instruction to Sidders Sid Proposal Standard Form of Agreement (Printed Form) Forms, Sond and Certificates Standard General Conditions of the Construction Contract Special Conditions (Printed Form) -GENERAL REQUIREMENTS Summary of York Keasurement and Basis of Payment Application for Payment Coordination Project Keetings Administrative Submittals Shop Drawings Progress Schedule Testing and Laboratory Control Construction Facilities Yarranties and Maintenance Project Closeout Cleaning Proj ect Record Documents -SITE IIORK Demolition Preservation and Protection of Plant Materials Gabion Structures Post-Tensioned Tieback Anchors -CONCRETE Concrete SECTION OOOiO • INVITATION TO BIDDERS PART I. . GENERAL 1.01 INVITATION TO BID A. Sealed proposals addressed to Clyde Johnson, Purchasing Manager, Finance Building, 5350 Belt Line Road, Addison, Texas, wiP be received until 2:30 p.m., March 20, 1995, to furnish all labor and materials and perform all work for the following project: CONSTRUCTION OF ADDISON POND IMPROVEMENTS. ADDISON. TEXAS, Bid 095· IS. B. Opening: Public opening at 2:30 p.m., Karch 20, 1995. C. Type of Bidding and Classes of York: Single bid to be received to include all erosion control and gab ion improvement work. D. Bid Bond Requirements Bidders are required to submit a cashier's or certified check issued by a bank satisfactory to the Town of Addison. or a Bid Bond (with proper Power of Attorney) from a surety licensed to do business in the State of Texas, payable without recourse to the Town of Addison. or an irrevocable letter of credit in an amount not less than five percent (5%) of the total amount of the base bid submitted to insure insure that the successful bidder will enter into a contract and execute all necessary bonds within ten (10) days after notice of award of the contract to him. The bid security must be included in the bid envelope along with the bid sheet for the bid to be considered. E. Payment and Performance Bond Requirements After Acceptance of Successful Bidder The successful bidder will be required to furnish Payment and Performance bonds from a surety licensed to do business in the State of Texas in the amount of one hundred (100%) percent of the greatest amount bid. These bonds. along with proper insurance papers, will be incorporated as part of the final contract documents and will remain in effect until the completion and acceptance of the project. F. Bidding Expenses The City is not responSible for any costs associated in the preparation of the bid from any vendor. Also. should a vendor bid an alternate. any test costs to prove equality of product will be at the expense of the vendor, not the Town of Addison. 94315001 00020·1 G. Bid Envelope Bid envelopes will be sealed and marked with bid number and opening time on the outside bottom left corner to avoid the opening of any bid before the prescribed time. 1.02 AVAILABILITY OF DOCUMENTS A. Contract Documents may be examined, without charge, at: 1. Carter &Burgess, Inc. 3. Dodge Reports 7950 Elmbrook, Suite 250 (C.F.W. Dodge Company) Dallas, Texas 75247 8828 N. Stemmons (214) 638·0145 Dallas, Texas 75247 2. Town of Addison 4. Texas Contractor Parks &Lesiure Services Dept 2510 National Dr. 16801 Westgrove Road Dallas, IX 75042 Addison, Texas 75001 (214) 271-2693 (214) 450·2851 B. Contract Documents may be obtained at: 1. Two sets of plans, specifications and bid documents may be secured from the Clyde Johnson, PurchaSing Manager, Finance Building, 5350 Belt Line Road, Addison, Texas at no charge. The Contractor will be required to record his name, address, phone number and fax number. The Contractor may purchase additional sets if necessary. C. Refer to Section 00100 . Instructions Instructions to Bidders for bidding requirements and information. END OF SECTION 94315001 00020·2 SECTION 00100 INSTRUctIONS TO BIDDERS 1.01 PROPOSAL FORMS A. The Bidder's proposal must be submitted in duplicate on the printed form furnished with these instructions. The blank spaces in the proposal shall be filled in for each item for which a quantity is given as may be required by the proposal for a completed work, and the Bidder shall state the price for which he proposes to do each item of work. Each page of the proposal shall be signed in ink by the person or persons making or authorized to make a bid. B. The legal status of the Bidder, that is, as a corporation, partnership, or individual, must be stated in the proposal. A corporation Bidder must name the state in which the organization is chartered. C. If the proposal is made by an individual. his post office address shall be given. Bids which are not signed by the individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. D. If the proposal is made by a firm or partnership, the name and post office address of the managing member of the firm or partnership shall be given or the bid may be signed by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm or partners. E. Proposals which are signed for a corporation shall have the correct corporate name thereof. its post office address and the signature of the president or other authorized officer of the corporation, manually written below the corporate name following the word "8y__ " 1.02 PROVISION CONCERNING ESCALATOR CLAUSES Proposals containing any condition which provides for changes in the stated bid prices due to increase or decrease in the costs of materials. labor, or other items required for this project, will be rejected and returned to the Bidder without being considered. 1.03 SUBSTITUTIONS : : It is the intent of these specifications to indicate specific product descriptions for which bids are to be received. Bids shall be based on the use of specified products and materials unless the Bidder has obtained prior written approval from the Engineer to offer a substitute considered equal to or of superior quality to the items specified. Written requests for approval of substitutes shall be submitted to the Engineer less than 94315001 00100·1 ten (10) days prior to bid date. Prospective bidders shall be notified no less than seven days prior to bid date of any substitutes approved by the Engineer. Bids based on the use of approved substitutes shall be accompanied by written modification outlining in detail the substitutes proposed. If use of substitutes requires changes or modifications of the Construction Documents, the Contractor wl11 reimburse the Engineer for the cost of such changes. 1.04 EXAKINATIONS OF PLANS, SPECIFICATIONS, AND PROJECT WORK SITE Before submitting a bid, the Contractor shall carefully examine the proposal, plans, specifications, and all contract documents. He shall examine the site of work and satisfy himself as to the conditions which will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. Bidders are particularly required to examine, and are responSible for, all subsurface or underground conditions that may be encountered during the progress of the work. work. The bid shan cover all expenses and disbursements in connection with subsurface work. The submission of a bid shall be conclusive evidence that the Bidder has complied with these requirements and thae no submission for extra compensation w111 be presented with regard to the nature or amount of work to be done. 1.05 INTERPRETATION OF PLANS AND SPECIFICATIONS If any person coneemplating submiteing a bid for the proposed contract is in doubt as to the erue meaning of any part of the plans, specifications, or other related documenes, or finds discrepancies in or omissions from the plans and/or specifications, he may submit to Career & Burgess, Inc., 7950 Elmbrook Drive, Suite 250, Dallas, Texas 75247, (214) 638-0145, attention David Reitz, A.S.L.A., a written request for an interpretation or correction thereof. The person submitting the request will be solely responsible for its prompt delivery no less than ten (10) days prior to bid date. Any interpreeation or correction of the Contract Documents will be be made by an addendum duly issued, and a copy of such addendum will be mailed to all persons known to the OWner or Engineer have received a set of such documents. The Owner or the Engineer not be responsible for any other explanations or interpretations of the Coneract Documents. Addenda shall become an integral part of the contract and shall be reflected in the bids submitted. 1.06 QUALIFICATIONS OF BIDDERS The Bidder shall submit with his proposal such evidence as the Owner may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious. safe and satisfactory manner. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: 94315001 00100-2 i A. Current Project Experience. A list of all projects presently under construction by the Ridder including approximate cost and completion date shall be submitted with proposal. R. Past Project Experience It is very important that the Bidder submit a list of comparable gibion project work which has been completed within the previous 10 years including cost, completion date, and references for each project. The Bidder shall list a minimum of six (6) local gabion projects of similar size and scope which have been completed within the last two (2) years. Failure to do so may result in disqualification of the Bidder. C. Equipment The Bidder shall provide a list of equipment which will be used on this project. The Bidder shall demonstrate that he has adequate equipment to complete this project properly and expeditiously and shall state what additional equipment, if any, that he must rent as may be required to complete this project. D. Financial Each Bidder shall be prepared to submit Upon request of the Owner a balanced financial statement with no evidence of threatening losses as evidenced by an audited certified financial statement (current within last six (6) months of bid date). E. Technical Experience The Bidder shall demonstrate to the satisfaction of the Owner that he has the technical experience to properly complete this project. By acceptance of the bidder's qualifications and an award of a contract to the bidder based on such information, the owner makes no representation or warranty that the bidder is in fact qualified, financially responsible or capable of prosecuting the work in an expeditious, safe and satisfactory manner. 1.07 SUBCONTRACTORS AND SUPPLIERS The Bidder shall submit with his proposal a list of subcontractors and suppliers he proposes to use in the Project construction. The Owner reserves the right to reject any subcontractors and suppliers who are determined to be unqualified or unsatisfactory to complete the designated work. 94315001 00100·3 1.08 PROPOSAL GUARANTY Each Bidder shall submit with his proposal a cashier's or certified check or a bidder's bond in the sua of five percent (5%) of the amount bid; and if the bid is based upon alternates. such bid deposit or bidder's bond must be at least five percent (5%) of the highest amount for which the Bidder offers to do all or any of the work bid upon. If the bidder's bond is submitted, it shall be executed by the Bidder and by a corporate surety. It shall be payable to the Owner and shall be conditioned that if the Bidaer is awarded the contract, the Bidder will. within ten (10) days after written notice of award of the Contract. enter into a contract with the OWner. Such bidder's bond shall expressly provide that if the Bidder is unable or fails to execute the contract or is unable or fails to furnish the Performance and Payment Bonds, the prinCipal and surety shall be liable to the OWner for the full amount of such bidder's bond as damages to be suffered by the OWner. 1.09 DELIVERY OF PROPOSAL PROPOSAL Each completed proposal shall be placed, cogether with the Proposal Guaranty, in a sealed envelope so marked as to indicace its contents. When submitted by mail, this envelope shall be placed in another envelope which shall also be sealed and addressed as indicated in the Invitation to Bidders. Proposals will be received on or before the hour and date set for the opening thereof and must be in the hands of the OWner by that time. 1.10 REVISION OF PROPOSAL A Bidder may change a bid price entered in a proposal before it is submitted by changing the price and initialing the revision with ink. In cases where the proposal has been submitted, a Bidder may change a bid price in his proposal provided his request to do so is submitted in writing and is in the hands of the Owner prior to the time set for the opening of proposals. L 11 WITHDRAWAL OF PROPOSAL Any proposal may be withdrawn by the Bidder by written request prior to but not after the time affixed for the opening of bids. A request by telephone or or telegraph for withdrawal of a proposal will not be considered. The withdrawal of a bid will not prejudice the right of a Bidder to file a new bid. 1.12 REJECTION OF PROPOSALS Proposals may be rejected if they show alterations of form, additions not called for. conditional bids, incomplete bids. erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all proposals without qualification(s) . Hore than one proposal from an individual, firm or partnership, corporation or association. under the same or different 94315001 00100-4 names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such proposal may cause the rejection of all proposals in which said Bidder is interested. Proposals in which prices are obviously unbalanced may be rejected. 1.13 TIME OF AYARD The award of the contract will be made within sixty (60) days 􀁡􀁦􀁴􀁾􀁲􀀠the opening of the proposals. If the award cannot be made within the prescribed time, the time limit may be extended for one or more 30-day intervals by mutual written consent of the Owner and the lowest responsible Bidder or Bidders concerned. 1.14 RE'l'tlRN OF BID GUARANTY The bid guaranty of all except the lowest Bidder will be returned within thirty (30) calendar days after the opening of bids. The proposal guaranty of the lowest Bidder will be returned within forty-eight (48) hours after contract bond and insurance poliCies required by these documents have been approved by the Owner, and notice to proceed has been given to the successful Bidder. 1.15 EXECUTION OF CONTRACT AND BONDS Yithin ten (10) days after written notification of award of the contract, the Bidder shall execute and furnish to the Owner four (4) original signed contracts with a performance bond, and a payment bond, each in the full aJlIount of the contract price, executed by a surety company or surety companies authorized to execute surety bonds under and in accordance with the laws of the State of Texas, and a Certificate of Insurance. The performance bond and payment bond are to be furnished as a guaranty of the faithful performance of the work and for the protection of the claimants for labor and materials. 1.16 FAILURE TO EXECUTE CONTRACT AND BONDS Should the Bidder to whom the contract is awarded refuse or neglect to execute and file the contract and bonds within ten (10) days after written notification of the award of the contract, the proposal guaranty filed with the bid shall become the property of the Owner, not as a penalty, but as liquidated damages. 1.17 NOTICE TO PROCEED Upon the execution of bonds and contract the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction, and the Contractor shall commence work within five (5) days after the date of Notice to Proceed. 94315001 00100-5 1.18 CONSTRUCTION SCHEDULE Within two (2) days of receipt of Notice to Proceed from the Owner, the Contractor shall submit a detailed Progress and Schedule Chart as required in Section 01350 -Progress Schedule to the Owner and Engineer for review. This chart will be used to assure completion of the job within the number of total days specified in the proposal. The project site will be available for inspection without being accompa.:l80B 1'0111) XHl'ROvmm!l'r1 BID SCllEDUU IUSIl BID *TlIll TalN OF ADDISON WILL ACCEl'T COIf1lurrR I.'IUNT·ours OF' THIS BID rOM. COIfPUTER BID roM twST BE IN THE IrXAI:1 ORDER OF THIS BID roRlf TO BE ACCEPTED Ieelll '; No. £.t:. Qu_. Un.Lt D..crlpt:iOft of Itam rlJth PrJce Written Ln Words Un.Lt Price 1 LS ACCESS PROVISIONS includLng plaAt relllOv.d/replac/l1/Ulll1; fMce rfllIItWal, tllllfporary f.ncJrt" /ltc. Camplete tn Place for Dollars lUIel 2. 1 LS DEliKtERING of ;end Jlnd necsuJlZY pulIIpLng durLng project: duration. Ccaplece in Place Lor I"'I.\W6 'fH01I5+otO E'I"U, HytJPIL«rD NI!)(r(TWW?; Dollars i/IlId ='D -Celli:" P/lr LS 3. 1 LS t!lCAVKtION /JID SIU REHOVAL from dte. CQmplec/l 1n Place for 􀁾􀀧􀁉􀁗􀀶􀁎􀀠1J.ip\Js,,"'o 6.16 􀁈􀀮􀀦􀁻􀀩􀁾􀀢􀁴􀀷􀁄􀁯􀁬􀁬􀁬􀁬􀁲􀀤􀀠md -0-CMes Par LS 4. 182 CY GABION rlALL including b",slcat:s, meer""s.." rock, etc. Complste In Place for 94315001 00300·2 MAY-81-9S MON ee:40 on 􀁔􀀹􀁈􀁾􀀬􀀹􀁆􀀬􀁥􀁰􀁄􀁉􀁓􀁏􀁾􀀠214 397 􀀴􀀹􀁾􀀴􀀠p.e2 aDDllS01f POW lXPaovBHJIlf'l'8 BID SCB/lJ1UU IASIl UD *THE 'ICMN ozt ADDISON fllLL ACCEPT COIflUlER PRINT-OUTS OF rHIS BID FORIf. COifl'UTER BlD FORIf rftlST U IN THE IrXAC'l' ORDER OF THIS SID FOM TO sg &CCEPTED ltem En. Unit D••ori1'tion of Item 􀁾􀁩􀁴􀁨􀀠 UnJ.t: 110. Qum. PrIce flrltt.n In fiord. Prj".. j. 16 cr CON'tINlJOUS CONCRETE BlWI. 􀁃􀁾􀁬􀁥􀁴􀀮􀀠in Plac.. for 􀀺􀁛􀁈􀁧􀀬􀀺􀀮􀁾􀀠􀀡􀀺􀁫􀁾􀀮􀁑􀀦􂂬􀀢􀁏􀀠Dollars IlrId lIP .... C.nts P.r CY $.300 . $. 4;6006. 270 LF STEEL RDD ANCHORING 8AR.S. Complete in P l;u::e for N.NEI} Dollars lind 9' tIP -lon 111'.1111 and I1IOrtaring. COIIIpl..t6 in Plac. :for 6116 HVt.JIJ /t.I/!:O DoHlln IlrId -'0 -Cents Per LS TOl'AL 8ASE BID (Unjl: price. 4.1:". to sh(1flJl in both words and figuns. In eliSe of a dillerepflllCT, the unit price in vords will govern. Prices Usted above ;ire the only compenution ,"0 be .,.d. . All 11;_ of! .,ork 􀁲􀁾􀁩􀁲􀁥􀁤􀀠to cO/111'1#ll:e th.. work #lII shovn 1n the plllll. .md 11M spaci:fied vMob N'II not listed lUI .. psy it6lll in thi. propoul are eonlli.dgnHj SVNidury to the items listed And the cost of the 􀁾􀁵􀁢􀁳􀁬􀁤􀁩􀁡􀁲􀁹􀀠vork should be Inelud.. d therein.) END OF SEt::lION corporation 94315001 00300-3 05-01-95 OB:42AK P002 #45 SECTION 0500 STANDARD AGREEMENT AGREEMENT STATE OF TEXAS COUNTY OF DAU.AS TIiIS AGREEMENT is made and entered into Ibis 3rd day of April, 1995, by and between the Town of Addison, of the County of Dallas and Stale of Texas, acting tbrougb its City Manager.duly authorized so to do. Party of the First Part, hereinafter tennets 4l11,-sl" 'd hI' itl u.ndor,l,ned rep; .' .1U.,e, pllr:Sl1:aDt to author .( ot its (OVerniDe bodJ. SEAL -􀁆􀁉􀁒􀁾OF AMERIC! INSURANCE CO. SURETY J B)': 0AM iJ 00eli GM KAREN WOODLAND, ATTORNEY-IN-FACT AdduU! JJ6Q 􀁐􀁁􀁒􀁓􀁉􀁐􀁐􀁁􀁎􀁙􀁟􀁂􀁷􀁌􀁾􀁖􀁄􀁾􀀮________ PARSIPPANY NJ 07Q54 CERTIFICATE 'TO r::ORPORATI 􀁐􀁒􀁛􀀻􀁾􀁃􀁉􀁐􀁁􀁌HERD1 _D.9,Ra:IllY2: .. _ .. _.• OartHY that I am '.he secretary ot INC.. Ad -tile c 􀀮􀂷􀁾􀁴􀀡􀁇􀁮􀀠nailed as :'1CIPAL·, tbe wltbln ' . 􀀮􀀧􀁬􀁬􀁾􀁃􀀠that _WIG..QLD..E!L.. • .. "ho 􀁾􀀠􀁾􀁴􀁮􀀢􀁤􀀠aid bono 􀁾􀀧􀁮􀀠behalf ot the 􀁐􀁒􀁲􀁾􀀢􀀠. '_. is the pRESIDENT ot "" Id corporation; 􀁴􀁌􀁾􀀮􀀠10" his ;sienatllps, and his !,n"tllr. tller,,\o ia genuine; dnd .t said bond "a. 􀁤􀁵􀁬􀁾􀂷􀁩􀀱􀁲􀁮􀁥􀁤􀀮􀀠H.&led and at'l!st"d for and ... :i. wi satd Qo)"?or&t'on bJ su,..,vrlty of 􀁴􀁴􀁾􀀠.;v("rl1:nr bod),. pAYMENt B.ONn BOND NO. TXOO148 STATE OF TEXAS COUNTY OF DALLAS Da.te Bond Executed: April 5, 1995 PRINCIPAL: ___________ ____________________________􀁾􀁇􀁟􀁏􀁟􀁬􀁮􀁟􀁅􀁎􀁾􀀬􀁟􀁉􀁟􀁎􀁟􀁃􀀮􀀠SURETY: FIRST 􀁉􀁎􀁄􀁅􀁍􀁎􀁾􀀱􀁙􀀠OF AMERICA INSURANCE COMPANY PENAL SUM OF BOND (eXpress In words and ligures): EIGHIY NINE lHOUSAND SIX HUNDRED SEVENIY Tf:!REE AND 00/100 DATE OF CONTRACT: 􀁟􀁮􀁍􀁡􀁲􀁥􀀺􀀮􀁬􀀺􀀺􀁣􀁨􀀡􀀮􀀮􀀡􀀮􀀮􀀺􀀽􀀳􀁾􀁏􀀮􀁜􀀭􀀱􀀭􀀽􀀱􀁾􀀹􀀹􀁾􀀵􀀺􀀮􀀮􀀮􀀮􀀮􀀮______________________ KNOW ALL KEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above nailed, are held firmI¥ bound unto the Town of Addison, Texas, hereinaUer called the OWNER, In the penal SUIil ot the amount stated above, lor the paYllent of whloh .lUll well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, Jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas the PRINCIPAL entered Into a certain Contract with tbe OWNER, nuabered and dated as shown above and attached hereto; NOW THEREFORE, It the PRINCIPAL aball prollPtly make payment to all persons· supplying labor and materials In the prosecution ot the work provided tor In .said Contraot, and any and all duly authorized lIodiflcations ot said Contract that lIay hereafter be made, notice ot whtcbmodlfications to the SURETY beJng hereby waived, then this obl1gatlon to be void, otherwise to remafn In tull force and virtue. PyB-1 1'1: :9 u: .,7:'$ 5--4l•. 􀀭􀀮􀁾􀀮􀁾􀀧􀀠􀂷􀁾􀀵􀀠1􀀺􀀳􀁾􀁐􀀢􀀠CRAfG OLDf::: INC. p " ".: WIT\!IESS WUE"I':Of, 􀀮􀁾􀀬􀀮􀀠􀀬􀀮􀁢􀀢􀁹􀀮􀀭􀁢􀀬􀀬􀁾􀁮􀁤... · , 􀁾􀁲􀁕•• b"y. e"."ul"d U,h , ::tr.....ent ..nOcr tb-,r .. 􀁥􀁹􀀬􀀬􀁾􀁡􀁬􀀠Silals "I> tbe dato ,,,!I,·,t,,,, above, .' 􀁾􀀮􀀬􀀮.. and C<""A 'it....d of cao!>. "orporat n par'Y 􀁢􀁥􀀡􀁮􀁾􀀠beret., .'I.red an'" tb,,,o 􀁬􀀧􀁾􀀧..&nta d .. ly sb:nAd bY It:s I1nch" 􀀬􀀡􀀬􀀢􀁾􀁤􀀠prosentativo, pUl'SUanf 10 iluthorlty 01 ita gov<'mi"g I),, 􀁾􀀠[ kno.. bb . '!tnwture, and IIU sU;n..ture tb.", <' 1" ;;"nuln8' nd tllat said b<. ..•• <:lilly .Ien,," oealed and' .It' .de{f tor lind : b.b.tt ol .".:. 􀀺􀁯􀀬􀁰􀁯􀁐􀀬􀀮􀁴􀁬􀁾􀀮􀀬􀀠􀁢􀁹􀀬􀀢􀁴􀁾􀁯􀁲􀁬􀁴􀁹􀀠01 Its 􀁩􀁯􀁙􀁾􀁲􀁮􀁬􀀢􀀬􀀺􀀠body. TOTAL 􀁐􀀮􀁬􀁬􀁾􀀠 FIRST INDEMNITY OF AMERICA INSURANCE COMPANY 1160 Pusippay BcuIevud ParaiPPlllY, New Jemey 070S4 TeIep/;ooIIe -(201) 402-1200 BOND NO, TXOOl48 POWER OF ATTORNEY Know All Men By 'I'IIe. PreeeDIs: 'I1lIl Pilst ludcwmjty of America 􀁾Company, a CorpomiOll of tho SI:Ite of New J.....,y does benby appoinllCAREN WOODLAND illl truo aad lawfiII AltAlmoy-in-PlICt: 10 make, 􀁾􀁥􀁣􀁵􀁴􀁥􀀬􀀠sign. acknowledll', affix the Company Seal 10, deliver lOy aad all sunoty boods, 1IJIderta.tinp, recogni,."..."" aad 0IherCOIl_ of indemnity &ad wrilinp obIiptory in the IIIUW'e of a bond, for aad on bebalf of said Company aad • an act and deed of said Company. IN WITNESS WHEREOF, Pilst !JIdenmity of A-xa 􀁾Company of the Slate of New Jersey bas executed 􀁾pRIIOIlIIIlIWIIOth day ofOctober 1994. 􀁦􀁾􀀠(4. /-£, .()'M• PiIrict J. Lynch, Pm!idenf STATE OP NBW lBRSBY) COUNTY OP MORRIS) ss: On this 10th day of October, 1994, before IDIO came the above named officer of Filst Indemnity of A-xa iDIIunao:e Company of New Jersey, 10 me per90IIaiIy known 10 be the individuU IOd officer described herein, aad acknowledge &bat be lIlecuted the foregning iDsIn.uIIaDl aad affixed the seal ofsaid corpontioa thereto by authority of this offioe. A. Notary Public Slate of NewJeney Term Expires May 10, 1991 CERTIFICATE Excerpla of Reaolutioas (Article V, Patqrapb 5, ofthe By-Laws ofsald Company) Idopted by the Board of DinIctors of the Pilst !JIdenmity of Ameriea iDIIunao:e Compmy of the State of New Jemey, October 19, 1992. RESOLVIm, that the President, or my om of the V...,.Presideats speci.alIy IIIIIImi>ood 10 do so by the Board of DinIctors, or by the Executive CommiUee, shall bav. power, by aad with the _ of the Secretary or my _ oftho Assistant Secnlwies, 10 appoinl AltAlmoyS-in-PIIIlt. tho business of the company may require, or 10 autborizIII., perliOIl or perIIOtIIIlo execute on bebalf of the Company my bonds, UDdortaIdnp, RICOpi.......... , stipubtioas, policies, COIlIncIII. agreements, deeds, aad reI_aad usil!lJlllllll ofjudgemeal8, decrees, morIgIges aad instnuDeats in tho nature of1IIllftppII, aad also all other insIrummlll&ad docun...... which the business of the Company may require aad 10 affix the Seal of the Company tben:to. RESOLVED. that the sijpWUres &ad 􀁾􀁯􀁮􀁳ofsuch officers aad the seal of the Company may be affixed 10 my such POWIII' of AltAlmoy or 10 my c:ertifico.te relatinlllo the Power of Attorney by fiaesjmi1e. aad my such Power ofAltDrrtey or c:ertifico.te bearing such fiaesjmilo sipdUl'es or fiocaimilo seal shall be valid aad binding lIJ'OIl the Company with respecllo any bond, Ulldertaking, recogni_ or oCher conlrllCt of indemnity or writing obJiptory in the 11IIIIIIII thereof. I, MichaeIJ. Tully, Secretary ofFiIst I:odemnity of America Insunmce Company of New J.,.,.,y. do hereby c:ertify that the foregeing oxcerplll of the Re!lolulioo adopted by the Board of Directors of the Corporation aad the Powers of AltDrrtey issued JIIII1IWII1I thereto, are truo &ad correct aad &bat both the Resolution aad the Powers of AltAlmoy are in full force and effect. IN WITNESS WHEREOP. I bave benrwilh set my hand &ad affixed the seal ofsaid Corporation Ibis 5th day of April, 1995. THE OBUGATION OP TInS POWER OF ATIORNEY SHALL NOT EXCEED EIGHTY NINE THOUSAND SIX HUNDRED SEVENTY THREE AND 001100 DOLLARS ($89.613.00). POR TIllS BOND NO. TXOOl48. BOND NO. TXOOl48 FIRST INDEMNITY OF AMERICA INSURANCE COMPANY 1160 Pusippany Boulevard Pusippany. New Jersey 07054 Telepboae· (201) 402·1200 0,.. BOND NO. TXOOl48 STATEMENT OF FINANCIAL CONDITION AS OF DECEMBER 31, 1993 􀀱􀀳􀀨􀀩􀁽􀁬􀁛􀀩􀁾􀀠........ '"' .................................................................................. .. PREFERRED STOCKS........................................... ............................. .. COHHON STOCKS............ ......... '"' .. .. .. .. .. .. ............. " ........................... .. MORTGAGE !.DANS ..................... ,. .................... ..... '" • " ........ " .......... .. REAL ESTATE ............................................................................... ,. CASH ON DEPOSIT .................................................. . ,. .................. .. PREMIUMS IN COURSE OF COLLECTION (ONDER 90 DAYS) •••• INTEREST AND DIVIDENDS RECEIVABLE•••••••••••••••••••• u.. s.. TREA.SURY BILLS......................................... ...... ............. REINSURANCE RECOVERABLE RECOVERABLE ON LOSS PAYMENTS••••••••••••• RECEIVABLE FROM PARENT, SUBSIDIARIES & AFFILIATES •••• FEDERAL INCOME TAX RECOVERABLE••••••••••••••••••••••• CONTRACT MONEY RECEIVABLE••••••••••••••.••••••••••••• REINSURANCE ASSUMED RECEIVABLE•••.••••••••••.•••••••• TOTAL ADMITTED ASSETS ••••••••••••••••••• RESERVE FOR LOSSES AND LOSS EXPENSES••••••••••••• .•••UNEARNED PREM.IUMS........................................................... PAYABLE FOR SECURITIES.......................................... .. PROVISION FOR UNAUTHORIZED REINSURANCE••••••••••• •••• FONDS HELD ONDER REINSURANCE TREATIES•••••••••••••••• AMOUNTS WITHHELD OR RETAINED FOR ACCOUNT OF OTHERS ••• ACCRUED EXPENSES............................................................. .. TOTAL LIABILITIES......................................... .. CAPITAL STOCK, PAID UP••••••••••.•••• $1,251,000.00 GROSS PAID IN AND CONTRIBUTED SURPLUS $1,198,931.00 UNASSIGNED FUNDS (SURPLUS) ••••••••••• $7,423,579.00 SURPLUS AS REGARDS POLICYHOLDERS ••••••••••••••••••... TOTAL LIABILITIES AND SURPLUS ••••••••..• $764,478.00 $523,399.00 $2,230,410.00 $2,048,532.00 $373,694.00 $353,579.00 $1,979,802.00 $18,657.00 $12,361,776.00 $946,684.00 $682,090.00 $300,000.00 $944,691.00 $838,237.00 $24,366,029.00 $7,094,911.00 $6,071,913.00 $311,923.00 $604,020.00 $86,439.00 $277,601. 00 $45,712.00 $14,492,519.00 $9,873,510.00 $24,366,029.00 I, John P. Teevan, Jr., Treasurer of First Indemnity of America Insurance Company, do hereby certify that the foreqoing statement is a correct exhibit of the assets and surplus of the said company, on the 31st day of December, 1993, according to the best of my information, knowledge, and belief. • STATE OF NEW JERSEY) COUNTY OF MORRIS ) ss: Subscribed and sworn to, before me, a Notary Public of the State of New Jersey in the Township of Parsippany -Troy Hills, this 1st day of March, 1994. P. Teevan, easurer BOND NO. TXOOl48 􀀭􀀺􀀡􀁾􀀧􀀡􀁲􀀭􀀡􀁾􀁴􀁡􀁲􀁹􀀠PUbhc My Commission Expires May 10, 1997 􀁁􀁾􀁾􀁾􀀮􀁉􀁉􀁉•. CERTIFICATE OF INSURANCE 􀀺􀀥􀀳􀁩􀀧􀀻􀁾􀀠 Sedgtl!ick ,James of TX, Inc. 3911 Turtle Creek Blvd. Phone: (214)6:51-4000 Dallas, TX 75219-4419 UFiED Craig Olden, Inc. P. O. Box 1500 Little Elm TX 75068-1500 􀁲􀀭􀀺􀁔􀁈􀀽􀁉􀁓􀁾􀁃􀁅􀀻􀀺􀀻􀁒􀀻􀀻􀀻􀁮􀀻􀀺􀀻􀀻􀁆􀁉􀀻􀀺􀀻􀁃􀀻􀀺􀀻􀁁􀀻􀀻􀀭􀀺􀁔􀀺􀀺􀀺􀁅􀀺􀀭􀁉􀀻􀀺􀀻􀀻􀁓􀀺􀀭􀀻􀁉􀀢􀀧􀁓􀁓􀀻􀀺􀀻􀀻􀁕􀀻􀀻􀀻􀁅􀀻􀀺􀀻􀁄􀁾􀁁􀁓􀀻􀀻􀀭􀀺􀁁� �􀁍􀀺􀀭􀀺􀀭􀁁􀀻􀀻􀀭􀀺􀁉􀀽􀁉􀀽􀁅􀁒􀀽􀀭􀀽􀁏􀀺􀀺􀀺􀁆􀀺􀀭􀀺􀁉􀀺􀀧􀀻􀁎􀁆􀁾􀁏􀀽􀀽􀁒􀀺􀀺􀁍􀁁􀁾􀁮􀀺􀀺􀀻􀁏􀀽􀁎􀀠ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERnFiCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. ,,___•__ .. 􀁟􀁾􀁟􀁏􀁍􀁐􀁁􀁎􀁉􀁅􀁟􀁓􀀠AFFORDlNji COVERAGE COMPANY A ___ .... 􀁟􀁗􀁾􀁉􀁊􀀮􀁾􀀮􀁾􀀡􀁌􀁕􀁮􀁤􀁥􀁲􀁷􀁲􀁩􀁴􀁥􀁲􀁳􀀠Ins. Co. COMPANY __,B__ ,._.,_Texas Workers Comp' Ins Fund __.. COMPANY 􀁟􀁾___􀁾􀀱􀀮􀀮􀀡􀁬􀁟eli t Ij_ 8< Casual t Ij'---'C'-o=..c-.::.o"'f....;..;N..:.Y 􀁃􀁏􀁍􀁐􀁾􀁎􀁙􀀠D IVERAGES 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 REOUIREMENT, 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 􀁐􀁁􀀡􀀡􀁬􀀮􀀹􀁾􀁾􀁍􀁓􀀮􀀠• .. ____._______•____ : POUCV EFf'ECT1VE ! POUCY EXPIRATION' UUITSPOUCY NUMBERl.TR! T'fJIIOFtHSUUHCE : OAT£(UMIODf't"Y) I DATE (MJM:)DIYV) I i\! GENERAL UABILm' 162503113196 10/31194' 􀀱􀀰􀀯􀀳􀀱􀀯􀀹􀀵􀀺􀀮􀁇􀁅􀁎􀀧􀁒􀁁􀀧􀁾􀁇􀀹􀁒􀀧􀁇􀁃􀀡􀁾􀁟...L 200000e :xl COMMERCIAL GENERAL UAelUlY .. 􀀡􀀧􀀺􀀮􀁾􀀹􀀹􀁾􀁣􀀮􀀡􀁓􀀮􀀺􀂣􀁏􀁍􀁾􀀠􀀧􀀢􀀬􀀬􀁟􀀬􀀮􀁾􀁟􀁟􀁟􀀠100000e 􀁾􀀭, 􀁾􀀠! CLAIMS MADE : X \ OCCUR . 􀁾􀁾􀁾􀁎􀁁􀁬􀀧􀁁􀁏􀁖􀀮􀀮􀀧􀀮􀁾􀀮􀀡􀀧􀀡􀁟􀀠..L._ 100000e,._-OWNER'S&' CONT PROT 􀀧􀀭􀀢􀁦􀁈􀁟􀀢􀀢􀁓􀁕􀁒􀁒􀁾􀁾..E__ , ____, _... } oooooe 􀁾􀀡􀁾􀂥􀁽􀀧􀁾􀁾􀁾􀁑􀀮􀁾􀀨􀁾􀁹􀀮􀁾􀁮􀀡􀀬􀁴􀁾􀀡􀀡􀀮􀀮􀀢􀀮􀁾􀀠􀁾􀀬􀀮􀀬􀀠____5_0_0_0C---------_.MED EXP IAny one DefSOnl s 500C A AUTOMOeIL£ LlAlULm 162500132244 10/31/94 10/31/95 COMBINED SINGLE LIMIT ,! X ANY AUTO 100000(; 􀀬􀁾ALL OWNED AUTOS SOOILY INJURY IPet porsonl •􀁾SCHEDULED AUTOS 􀀺􀁾􀀠X: HIAEDAUTOS BODILY INJURY 􀁾􀁘􀀠(P., ae<:ldent} •" , HQN.QWNED AUTOS'-, ,-,-------PROPERTY DAMAGE $ GARAGE LIA81urt 􀁟􀁾􀁾􀁔􀁏􀁏􀁎􀁌􀁙􀀠,EA 􀁁􀁃􀁃􀀽􀁊􀁄􀀭􀀢􀁅􀁎􀀬􀀬􀀭􀀬􀁔􀁾􀁓􀀬􀀭__􀁾__,􀁾ANY AUTO 􀁾􀁟􀁾􀀮􀁔􀁈􀁁􀁎􀁁􀁕􀁔􀁏􀁏􀁎􀁬􀁙􀀺􀀠EACH ACCIDEHT . SW-------, AGGREGA1E S -i EXCESS UASIUTY CPU001912 10/31/94 10/31/95 J15"OC!'ORRENCE • 5000000 IXi UMSRElLA FOAM I AGO"EGATE . $ 5000000 r! OlHER THAN UMBRELLA FORM RETENTION 25000. ! WORKERS COltPENSATfON AND TSF10487602 10/31/94 10/31/95;c...X,,-'"-ST",A",W",T",OR",Y.:,L""IM""TS,,-_,--_===,, \ eMPLOYERS' UABIUTY : EACH ACCIDENT .' :500000 t THE PROPRIETOR! iINCl " DISEASE· POLICY LIMIT $.' 100'0000 , PARTNERSlEXECOTIVE :! OFFICERs ARE: EXCL DISEASE· EACH EMPLOYEE S 500900iOTHER 'JE$CRIPTIOH OF OPERATlONS,:LOCATlON$ 'VEJolICLEStSPECfAL lTEMS -' ADDISON POND HOLDER HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE TOWN OF ADDISON EXPtRATlON DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR ro MAIL ATTN: CLYDE JOHNSON 30 DAYS WRITTEN NOtiCE TO THE CERTlFlCATE HOLDE.R NAMED TO 􀁾􀁅􀀠LEFT, P. O. BOX 144 ADDISON. TX 75001 I BUT FAll.URE TO MAIL SUCH ooTlCE SHALL IMPOSE NO OSUOATlON OR LIAQIUT'V 􀁾􀁎􀁙􀀠KINO 􀁕􀁐􀁾COMPANY, IfS AGEH'TS OR REPRESENTAtiVES. : 􀁾ED "EPRCt\,:JI􀁾􀀠AGORD 25-5 (3193) 􀀵􀁾􀀠6 Ju 􀁌􀁾􀁃􀁏􀁒􀁄CORPORAnON 1993 c I J J ] '1 J 􀁾, j J ., ·1 .• , 1 d 1 "J ---r H E .\ MER CAN INSTITCTE o F ARCHITECTS AlA DrKlImelll AlO; Contractor's Quali'fication Statement 1986 EDITION n}isJ()rm 􀁩􀀮􀁾􀀠ClpprrJ/'!!d cllld recommended by nJe Americall Illslilute of .'.rebileels IAIAI c/lul nil! :J.SSOCIClICd C!!Ilf!ml f.rJ!/lrllctnrs o(Amerlca (A(;C) /()r TIS!! 11/!!I'c/II/CIIillS{ (be C(IUllificlltI(JflS fli C01ltrcu:WJ"s Su elldor.WHJll!llt of {be sUb,nIUlJl!!. I}arty W' ,'('rt!iC{lIl())J 􀀨􀁾􀁦􀀠{be tllf{)rmalUJIl /., "Wllf.' iJr fbe .-ilA (Jr ..1(,'C. The L ndersigned certifies under oath that the information provided herein is true and sufficient!\-complete so as nm to be misleading, 􀁓􀁴􀀺􀁂􀁾􀁉􀁉􀁔􀁔􀁅􀁄􀀠TO: ADDRESS: 􀁓􀁌􀀧􀁂􀁾􀁉􀁴􀁔􀁔􀁅􀁄􀀠BY: Corporation o 􀀺􀀺􀁁􀁾􀁉􀁅􀀺􀀠Pmnership ,0 '.DDRE55 Indmuual ?RI:\CPAL OFFICE: Other o 􀀧􀁜􀁁􀁾􀁉􀁅􀀠,)f PROJECT (if applicablcl TYPE Of \l;'ORK I file separJte form tur 􀁣􀁡􀁾􀁨􀀠C:JoslfleJUon ot Workl: ____ General 􀁃􀀢􀁮􀁾􀀨􀁲􀁵􀁾􀁬􀁉􀁯􀁮􀀠!f\'K ____ Plumbmg ____ 􀁅􀁬􀁥􀁾􀀡􀁮􀁾􀀻􀀡􀁬􀀠. ____ Other____________ Cop\'nght j'Xw. j'Xw. I 􀁾􀀩􀀨􀀩􀀹􀀮􀀠19-Q. ;,9HQ 0\" 􀁔􀁨􀁾􀀠􀀮􀀧􀁜􀁭􀁾􀁮􀁣􀁡􀁮􀀠10l11CIJtC 01 .\CChuCCl.5. l'" \0Ii 􀁾􀁴􀀢􀀢􀀠York .o\\'('nuC'. :'\ 'I',. '1"astunll'on. D.C. .!QO()(), HeormluctlOn 01 me m:llC'tl;U herein Ilr 􀁾􀁕􀁃􀀤􀀨􀁡􀁮􀁴􀁬􀀺􀁕􀀠quotalJon or us 􀁐􀁦􀁯􀁜􀀢􀁉􀁾􀁬􀁵􀁲􀁴.. q."lInUUI 􀁾ntten rx:::rmwltJn f (he .'\1.\ \"lut;lres me ":OOVftlun !.l';\" "I lOt:' ! :"!llet1 􀁾􀁬􀁬􀁬􀁴􀀺􀀧􀀮􀁳􀀺􀁵􀀱􀁕􀀠a:ul be 􀁾􀁵􀁰􀁮􀀮􀀧􀁜􀀮􀀺􀁴􀀠to h.!1t1l oru.-..ct.::UII\IIl. AlADOCUIdHT A305. CH\TR....CTOR·S QL\t.JF!C\TIOS 'oTATt.\lEST. 1'1Mb EOtTtO:; 􀀺􀁾, I -f 1.3.5 Secretaf", name: 1.3.6 Treasurer, name: If your orll:lntUtlon :" .i p;:lrmersnl'p. Jl1Swer :!'-!c ::uIlu"'IO\l: 1.-1.1 Date tl[ •'rICtJmz:luon; I.Q.2 T\'pe or parrnershlp Itt applicable!: 104.3 :-1=5) 01 genernl patmens): , 1 l .JJ :-l j " J '>j, 􀁾􀀠• j 1, ; d '>"? 􀁾􀀺􀀺􀀧􀀠If your orgamz:ltlon IS mdl\'ldu:llh' owned. Jf1SWer [he (ollowlng. 1.5.1 D2le or orgamz:ltlon: 􀁌􀁾􀀮􀁚􀀠􀁾􀀺􀁭􀀱􀁥􀀠Df 􀁮􀁾􀀺􀁮􀁥􀁲􀀺􀀠AlA OOCUIIENT AJ05 *1 tf"'TR.K TOR 􀁾􀀠Qt .'UfICATIOS ,nTD1E.''T. I'M. €OJTIOS. 'IA" • , ;'''"h rHE 􀀮􀀢􀀭􀁜􀁴􀁕􀁉􀀨􀀻􀀮􀁾􀀻􀁯􀀮􀀬􀀺􀀠tNSTIrrTE Of ...RCHITECTS ; .. 􀀬􀁾􀀠...t'il· YORK t\\'£..'iCE. 􀁾􀀮􀀧􀂫􀀧􀀮􀀠\1;'A.'HI!'GTOS DC .!!nltJ .....-.. -........-......_-..__....... ........ 1.0 Ifthe iorm of \'our org:uulanon 'S otner ttun mose lISted above. dcscnbc It and n:une the pnnop:1ls: .,J 2. UCENSING List jUrisdictions and trade -::ategonc:s on which \'Our orR'!nization IS legall\' qualified to do business. and indicatt: 􀁲􀁥􀁾􀀬􀁳􀁴􀁲􀁡􀁴􀁬􀀨􀀩􀁮􀀠or license numbers. If applicable. 2.1 , , List 􀁔􀁵􀁮􀀺􀀮􀁵􀁩􀁣􀁵􀁯􀁮􀁾􀀠III 􀁾..hich rour orc:lfUl.;,lUOn ;. parrnershlp or u;:tdc n:xme I.,", filed. 3. EXPERIENCE .; t List the: t:J.tcv:om::'I • J( ..,,:ork (hat \"nur 􀁏􀁲􀁾􀁬􀀰􀁬􀀲􀀧􀀮􀀺􀁬􀀮􀁈􀁏􀁮􀀠norma!!\" pert()rm."i \ .... nh it"i own force:;. 􀁾􀀠1 (I:Jims Jnu SUit!'!. ,if :hc answer ::; .my or (he l.tut;'!l[lOnS bt.:1uw I!) yt.:':':i. ple-J.Sc 􀁾􀁈􀁴􀁡􀁣􀁨􀀠c.ktads.l .l" 2.! \re mcn: 􀁊􀀡􀁬􀁾􀀧􀀠􀁬􀁵􀁤􀁾􀁭􀀨􀀻􀁾􀀨􀀵􀀬􀀠"::;l Im!'i . .i.rl1ltr:Hlon 􀁰􀁲􀁯􀁣􀀮􀀺􀁴􀀺􀁣􀁤􀁈􀀱􀁾􀁓􀀠of "'ULts pC1H.Jing Of 􀀨􀁬􀁾􀀮􀁈􀀮􀁳􀁴􀁊􀁮􀁵􀁴􀁮􀁧􀀠􀁊􀀩􀁬􀁡􀁭􀁾􀀱􀀠",! lur org:.tntL:J:tlun nr itS officers:" Has y11ur 􀁯􀁲􀁾􀀺􀁴􀁮􀁴􀁺􀁡􀁴􀁴􀁯 􀁮􀀠t:lr:u 􀁡􀁮􀁾􀀧􀀠ia't'. ... ult!) I, If ft:qUCMC:u arlmrJtlUIl with 􀁲􀁣􀁾􀁲􀁴􀀮􀀮􀁬􀀠[0 c.:unsrtUc· tlon 􀁣􀀮􀀺􀁯􀁭􀁲􀁊􀁃􀁾􀁓􀀠't\,"uhtn tile Lase rhe 􀀧􀀻􀁥􀁬􀁲􀁳􀁾􀀠.' 􀁾􀀠 \,\'"han me 􀁬􀁾􀁴􀀠lin: years. 01.') In\' 'lrficer or rnnc1p:li ()( \'Dur 􀁏􀁦􀁾􀁭􀀱􀀮􀁊􀁏􀁏􀁮􀀠e\'t:f heen an officef (')f prinel!',i of another OfI!:lOlz:mon "'nen " ,"k:d to complete" COIISIrucH"n wntr:let? {lfrhe answer IS ,'<:S. plt::lSe allaeh !.lelalls.1 AlA DOCUMENT A.1OI-I I ' .... TR.".rmt .. •J{ "un<':'*.TIO:\ 􀁱􀁁􀁔􀁅􀀮􀀮􀁜􀀨􀁅􀁾􀁔􀀮􀀠1'1"11 t:\.}lTIO:-'· "lA' • 􀁾􀀠I',"" 7'11£ 􀁾􀁾􀁴􀁴􀀺􀁦􀁬􀁉􀁃􀀢􀁜􀀺􀀭􀀧􀀠1:-';!'\TITt"TF: OF "RUUUt T'> 1-(11;, 􀁾􀀧􀂣􀀧􀀢􀀠y;ame ,,( bonatng cumoan\' . •.3.2 "lame lnd Jddress of .gent. ] '1 J ] "1 J ] 􀀮􀁾􀀠. j , J AlA OOCUMEHT .uoI. U):"iTltAlfOfl 􀁾􀀠QL"UffC\1I0!'oO 􀁾􀁮􀀬􀁔􀁅.. •􀀧􀀱􀂣􀁾􀁔􀀠• ('JHI) 􀁅􀀮􀁏􀁉􀁔􀀱􀀰􀁾􀁾􀀠• "'IA 􀁾􀀠(' !',IM(, 7HE .\.\I(RIt:A .... 1:S5TfTl'TE Of' ARUUT£C'TS ,-U, SEW YORK A\"£."I.:l'E. :-. \I' . 􀀢􀂷􀀮􀁜􀀮􀀧􀁈􀁉􀁾􀀨􀁩􀁔􀁏􀀺􀁳􀀠u t . .:tJlllb A3II5·1986 4 J .-------.... 􀀭􀀭􀀭􀀮􀀭􀁾....... _.......fI!Io...... «"i'\. 1 5. FINANCING ;,1 Firulncl3l Sutement, '\.1,1 .\tClch a tinancl:ll statement, preier:lbl\' audited. :nduding your org:ll1lz:l:J, ,n's latest b:lWlce sheet :md income sutemenc showm!! the followmg itemS; Current Assets !e.g., cosh. iOint ,'emure accounts, account' rccel""hle, nmel receIvable, accrued income, JCpoSIK mateml5 IIwenton' .md prepaid expensesI, :-;let fixed Assets; Other ASsets; Current Liabilities le,g .. aewunt, pa,·ablc. notes pJ\-:lble, ;":(rued expenses, pro' "ision lilr mcome [axes. ad"anees, accrued salanes and accrued pa"f()/J [:I:'(esl; Other LIabilities le.it .. capitaL Glpnal '((lck. authorized and outstandinp: soares par ,'alues. earned ,urplus and retlmed cammllsl. :; 1.2 \::mle 􀁾􀁴􀁮􀀨􀁬􀀠adtJrcss of firm 􀁲􀁭􀀺􀁰􀁪􀁲􀁬􀁮􀁾􀀠:ltt:Jchl:o linant..'tai Marc-mem. Jl11lll;Uc thCreuf: .:.; .1.3 Is the ;maCr'l<:d tinan<':!:Ji :.l:.lrcmcnt tc Jf [he 􀁬􀁵􀁣􀁮􀁷􀀮􀀺􀁾􀁤􀀠􀀨􀀩􀁲􀁾􀁭􀁺􀀺􀁈􀁬􀁯􀁮􀀠􀁮􀁾􀁵􀁮􀁣� �􀀠(!11 page oncf ; L. If not, cxpJam Ihe relationship and linane ••! rcSIX'll."hilit'· <>[ Ihe ur!(:lnlz:mon wooS!! financial ,(J[emem j, prm'.ded le.g .. p:ltem,,,.bsidiarn Ala OOCUMEHT.uc:s. I (l'TR.A(TOR" 􀀨􀀩􀁬􀀮􀁜􀁬􀁉􀁆􀁉􀁴􀀺􀀮􀁜􀁮􀁾􀀠􀁾􀁔􀁁􀁔􀁅􀀮􀁜􀁉􀁅􀀮􀀧􀁔􀀧􀀠I'JMh 􀁬􀀺􀀺􀁵􀁴􀁔􀁬􀁏􀁾􀀧􀀠41. .. ·• .'lIC. ;"H£ 􀁽􀀧􀁾􀁬􀁅􀁒􀁉􀁴••􀁜􀀺􀀭􀀧􀁉􀀺􀀭􀀾􀁾􀁔􀁭􀂷􀁮􀀺􀀠OF .60RLHITECTS _􀀭􀀮􀁾􀀠"'E" YOItK 􀁁􀁜􀀢􀁅􀁾􀁬􀀠E ..... 􀁾􀂷􀀠􀀧􀁉􀂣􀀧􀁁􀁾􀁈􀁉􀀺􀀧􀁜􀁩􀁶􀁔􀁏􀁾􀀠Ii L .;!..... A3G5·1916 _ ••'0-UIMDIoIoo<........._ ..'!II'...... "..,....u.s. 􀁾... _ oI ............10 ..... PI'I't:u:=n. 5 1 6. SIGNATURE 6.1 Daceda( this ••• 20 5.4 CONTRACmR's Liability Insurance . 20 5.5 OWNER', Uabilit¥ Insurance ....... . 21 5.6 Propeny Insurance ................: .. 21 5.7 Boiler and Mlll:hinery or Additional :;..'"". PRELIMINARY MATTERS .................... .. IS l'!openy Insurance ................. ' 21 .-.; ".1 Delivery of Bonds ................... . 15 5.8 NOIicc ofCancellation Provisions . 21 I' Nocice 10 Proceed .................. IS S.IO Other Spcc:iaIi!l$Urance ...... , .. '."" .. n " Copies of Documents ............... .. 5.9 CONTRACTOR's Responsibility for ".3 C_ment of Comract TImes: [)educable Amounts ............... 22 􀁾􀀮􀀴􀀠Slarting the \\\xk ..................... IS 5.11 Waiver of Rillhts .. .. ............... .. 22 ]Anick 01' l'aragraplt _ AI'I:IcI.! orI'aragrapIt PIIp< 􀁎􀁾􀁲cl TIlI6 N.... NDibe cl11lk N""" S.12-S.ll Recei1lt and Application of Insurance 􀁾••••••••••••••••••••••••••• ZZ S.I" AccllIIIIIICCofBon dsandlllSUlllllCC; Option 10 RqJIace . . •• •••• •• • ••••• • ZZ US 􀁐􀁬􀁕􀁬􀁩􀁡􀁬􀁬􀁉􀁴􀁩􀁬􀁩􀁷􀁩􀁯􀁟􀁐􀀬􀁯􀁰􀁥􀀬􀀬􀀺􀁾􀀠1_ .......................... 2.1 6. CONTRACTOR'S RESPONSIBlunES .......... 23 6.1-6.2 􀁾and Suporin.endcnoc •••••• 23 6.3-6.5 Labor. Ma/criaI$ and EqI.ipment •••••• 23 6.6 1'I000ess SdIcduIe .......;............ 23 6.7 SubsIiDr!es and "Or-Equal" 1_; CONTR.i\ClOR's Expease; SubIIiIIlte COIISUUCIion MedIods or Proccdurcs; ENGINEER's Evalualion ........ .. 23 6.&.6.11 Cono:cming Subconuactors. Su!lpliers aad Othcr.s: Waiver of Rights ...••.• 24 6.12 I'IIieat Fea and Royal1ies ............. 2S 6.13 Permits ............................... 2S 6.14 laW!! and RqulaIions ............... . 2S 6.IS Taxes .......................... ...... 2S 6.16 Use of Premisc.s ...................... 26 6.17 SIte Cleanti_ ....................... 26 6.18 Slee SIIIICbmII Loadins .............. . 26 6.19 Record Doc:umcnts ................. .. 26 6.lO Sleety and ProIecIion ................. 26 6.21 SIfety Rcpresenlalive ................ . 26 6.22 Hazard CommunicaIion Propams ••••• 27 6.23 Eawtpnc;ies .......................... 27 Shop Drawinp and Sampies .......... 276.2A s.•••_Procedures:US CONTRACTOll's Review Prior 10 Shop Dmwillg or Sample Submiaal . 27 6.26 Shop Dmwinc & Sampie SubmiIDIs Review by ENGINEER .......... .. 27 6.27 ResponsibiUty (or Variation From Conuact Documents ................ 6.28 RdaIed WorII: Peri'0I'II1Cd Prior 10 ENGINEER's Review and Approval of Required Submiaals ............. 27 Cm';mdnl!he Wbrtt .................. 2S CONTRACTOR's General Vt\rramyand G_ ............ 6.31-6.33 􀁉􀁾...................•.•. 6.34 Survival o( ObUpIions .............. .. 7. OllfER WORK ................................. . 7.1·7.3 RdaIed Work at Site .................. 7.4 Coordination 8. OWNER'S RESPONSIBILmES ......•••........ 3.1 Communications 10 Cont.rac\Ol' .•..•••. 3.2 􀁾of ENGINEER ......... . &.3 Furnish Data and Pay l'rIlrnl'dy When Due .............................. .. U Lands aad Easements; Repons and 1ats ............................ . .. 8.5 ID$unmce ............................. 8.6 CIIIap Orden ................._. __ .. 19 8.7 I Ii 'All, Tesu &lid 􀁁􀁾...... 19 U SkIp or 􀁓􀁾Wbrtt: TcrmiDuc CONTRACTOR'I Senic:es ......... 19 8.9 , jmjwjon. 011 OWNER's"""""""biIities ... 3C)of .. • • ... • .. .. • .... ...... .. .... • 8.10 AIbesIos. PCBs. PeIroIeum, 􀁾􀀠..or Rerf' criYe MaIeriaI .. .'..!. 30 11.11 Evidence of F'1IIIIII:iaI Mill" ii-"".. 30 9. ENGINEER'S STAnIS DlIlUNG 􀁾􀁓􀀱􀀱􀁬􀀱􀁊􀀨􀀻􀁛􀁉􀀨􀀩􀁴􀁻􀀠••••• 􀁾􀀠•••••••••• 􀁾􀀠•••••••••••• 􀁾􀀮􀀠lO 9.1 OWNER's 􀁾􀁶􀁥.... ........ 30 9.2 Yllits 10 Sile ............ '" .......,.. . 30 9.3 Prqjea Rephosc:alWive ................ 30 9.4 C'IIrifieationI &lid IaterpJeIaI;iau ...... 30 9.5 AudIorizcd 􀁾in Wort ........ 30 9.6 􀁾Defective Work ............. 30 9.74.9 ShDp Drawings. ChaDp Orden &lid 􀁾.......􀁾􀀮􀀢􀀧􀀠..... 􀁾􀀠......+."...... 31 9.10 0eIcrmiDaIiIlns (or lIDit Prices ........ 31 9.11-9.12 Decisions on Dispmes: ENGINEER as IniIiIIlnle.rplaa' ................... 31 9.13 L.imilllions on ENGINEER's AudIorityand Responsibililia ...... 31 10. CHANGES JNnlE WORK.......................... n 10.1 OWNER Ordaed ChaII&e •••••....... 12 JILl 'CIadmforA.cijtntmentuuu............ 12 10.3 Wbrtt Nee Required by ConIracl Doc:u_ ......................... 12 10.4 CIIIap Orden 11)..5 Nodfic:adon of Swtty ..."􀁾􀀠............. u.. 32 II. CHANGE OF CON'1'RACl' PRICE .............. 11.1·11.3 c-.ct Pric:e; Claim (or 􀁁􀁤􀁪􀁉􀁾􀀠\Wue of Ihe Wbrtt .................. 12 11.4 Cost of !he Wbrtt ..................... 33 11.5 Emmons 10 Cost of!be Work ....... 34 11.6 CONTRACTOR's Fee ................ 34 11.7 Cost RcconIs .....................;... 34 II.S CallI A11ow111ccs ...................... 3!1 11.9 1I11i1 Pri= Wodt .................: .... 15, 12. CHANGE OF CON'1'RACl'TIMES .............. ». 12.1 Claim (ex' AdjI"'D'""'If "" nu......'"UU; ... lS 12.2 ,&IDe of the E_ .................. » 12.3 Delays Beyond 􀁃􀁏􀁎􀁔􀁒􀁁􀁃􀁔􀁏􀁬􀁬􀁾􀁳􀀠􀁾........................,. .......... » 12.4 Delays Beyond OWNER's and CONTR.i\ClOR·s CooIrDI ......... . lS 13. TESTS AND INSPECTIONS; CORREcnoN •. REMOVAL OR ACCEPTANCE OF DBFEC'l1VE V¥()JU( ........................................... 36 13. I Nadce of DIIfIcI.s .................... . 36 13.2 AQ:esstolheWbrtt .........:,:........ :36 13.3 .....and IllS.,.. tio"'; Coottai;tor'I 􀁾.•••••••••.•.••••.••••.• 36 .] ] ] J ] ., (1 : j 2 c NridlI or i'urattrt1ph PrIgt NlUtliMr iliIies •.•.. 36 CoveringWork Prior to IftSIlOOCIion. TesIinB 01' Approval •••••• 􀁾􀀠•••• •••• 36o Uncowmg WoriI; at ENGINEER's Request ............................ 36 OWNER May SlOp the Work .......... 36 C«rcction or Remo¥lll of DefeCtive 'MIlk ............................... 37 􀁃􀁏􀁉􀁉􀁾􀁣􀁴􀁩􀁡􀁉􀁉􀀠Period ..................... 􀁁􀁯􀀺􀀺􀁣􀁰􀁣􀁡􀁮􀁣􀁥􀁯􀁦􀁾� �􀁯􀁲􀁫􀀧􀀠........ 37 OWNER May Correct Defective 'MIlk ............................... 37 14. PAYMENTS TO CONTRACtOR AND COMPLE110N ................................. 37 14.1 14.2 14.3 14.4-14.7 14.8-14.9 104.10 14.11 ScbcduIe ofVII_ •.. ..•. •••••.. .•.••. 37 Application for ProtPcss Payment ..... 38 CONTRAC1OR's WanZluy of Tide '" 38 Review of Applicalioas iar ProgIrcss Payments 38n" H •• • • • • ... • • Substanlial Completion ••••.•••••••••• 39 I'IniaI Ulilizalion . .•... .••••..• ••••... 39 􀁲􀁭􀁡􀁬􀁬􀁾􀁮􀀠••••• ................. 39 39 ,. ) INDEX 10 GENERAL CONDITIONS Nlidt or Paragraph N/UflMr Acceptance of-Bonds and InsulllllCe ................................ 5.14 U/«tiVt Work ....................... 10.4.1. 13.13. 13.15 final paymenl ................................. 9.12. 14.15 illllllllllce ........................................... 5.14 odIer Wort. by CONTRACTOR ...................... 7.3 SubslilUles and "Or·Equal" Items .................. 6.7.1 Work by OWNER.....••.................. :!.5. 6.30. 6.34 Access 10 lhe-Lands. OWNER and CONTRAC1OR responsibilities ..................................... 4.1 sile. relaled wort .................................... 7.2 Work................................... 13.2.13.14.14.9 ACIS or Omissions-. Acts and Omissions-CONTRACTOR ............................ 6.9.1. 9.13.3 ENGINEER ................................ 6.20. 9.13.3 OWNER ....................................... 6.20. 8.9 Addenda-Jefinilion oi 1also see definition of Specllicauons ............ 11.6. I.10.6.191 I. I Additional Propeny InsW3/1ces 1ces ......................... 5.7 AdjusanenlS ConU31:1 Price or Conu-act Tunes ......... 1.5.3.5. 4.1. 4.3.2. 4.5.2. 4.5.3. 9.4. 9.5. 10.2·10.4. II. 12. 14.8. 15.1 PfOIII'CSS schedule .................................... 6.6 Aaaeemcnldefinilion of .. . . .. .. .. .. .. .. .. .. . . . .. .. .. . . .. .. .. .. ... 1.2 All risk Inswance. policy fonn ........................ 5.6.2 Allowances. Cash ..................................... 11.8 Amending Conu-act Documents ......................... 3.5 Amendment. Wriltcnin aeneraJ .... 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. 14.7.2 Appeal. OWNER or CONTRAC1OR inlentto ...................... 9.10. 9.11. 10.4. 16.2. 16.5 Applicalion for Paymentdefinilion of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.3 ENGINEER's ResponsibililY .................... ..... 9.9 final payment .................. 9.13.4. 9.13.5. 14.12·14.15 in aeneraJ ....................... 2.8. 2.9. 5.6.4. 9.10. 15.5 PfOIII'CSS paymeni .............................. 14.1.14.7 review of ...................................... 14.4-14.7 Arbilr.Uion IOptionail . .. . . .. .. .. . . . . .. . . .. .. .. .... 16.1·16.6 AsbeslO5claims pursuant thereto .................. ..... 4.5.2. 4.5.3 CONTRACTOR authorized to SlOp Work ........... 4.5.2 definition of .......................................... 1.4 OWNER responsibility ior .................... 4.5.1. 8.10 possible pnce and times change ..................... 4.5.2 Authorized Varialions In Work ........... 3.6. 6.25. 6.27. 9.5 Availability of Lands ............................... 4.1. 8.4 Award. NOIice of-ensation .......••••..............•..•••••• 11.1·11.2 Continuing Obligation ......•...................•••. 14.15 Defective Wori< .......................... 9.6. 13.1!).13.14 Duty 10 cornct defective Work ..................... 13.11 Dutv 10 Repon-Changes In the Wori< caused bv Emergency ......•.•.•..•..... ......•............. 6.23 Defects in Wori< of Others ......................... 7.3 Differing conditions ....••••....•.•............... 4.2.3 Discrepancy in Documents ........... 2.5. 3.3.2. 6.14.2 UDderground Faci6ties not indicated ......•.•••... 4.3.2 E:IDet: geiicies ........................................ 6.23 Equipmenl and Machinery Rental. Cost 0( the Work .....••••••..•••...•••..•.•........ 11.4.5.3 Fee Cost-Plus ..................... 11.4.5.6.11.5.1.11.6 General WamlJlty and Guarantee ............•.•.•... 6.30 Hazard Communication Programs ..........••.••••.. 6.22 IDdemnificaIion .•..••••••.•.••....... 6.12. 6.16. 6.31-6.33 laspcction of !he Work ..••................•...• 7.3. 13.4. Labor. Malerials and Equipmenl .................. 6.3-6.5 Laws and Regulations. Compiianl:e by ............. 6.14.1 Liability Insurance ................................... 5.4 Notice of Inlent 10 Appeal ..................... 9.10. 10.4 obligation to perform and complete lhe Wori< ........ 6.30 Palenl Fees and Royalties. paid for by ......••••••... 6.12 Performance and Other Bonds .................•...... 5.1 l'amits. obtained and paid for by ............•••.•... 6.13 Progress Schedule ..... 2.6.2.8. 2.9.6.6.6.29. 10.4. 15.2.1 Requesl for formal decision on disputes .....•....... 9.11 Responsibilities-Changes in Ihe Wori< .............................. 10.1 Concerning Subcontractors. Suppliers and Others. 6.8Continuing Ihe Work ........................ 6.29. 10.4 CONTRACTOR's expense ..................... .. 6.7.1 CONTRACTOR's General WarranlY and Guaranlee ......•........................................ 6.30 CONTRACTOR's review priorloShop Drawingor Sample submiltal .................................. ... 6.2.5 Coordination of Work .............................. 6.9.2 Emergencies ..................................... 6.23 ENGINEER's evaluation. Substitules or '"Or-Equal'" Items .. "....................... 6.7.3 6 6 Article or Prurlgraph NlUflber RIr Acts and Omissions of Others ...•• 6;9.1-6.9.2.9.13 for deductible amounts. insurance .•.••••••••••••••• 5.9 p:neraI ................................. 6, 7.2. 7.3. 8.9 Hazardous Commurtication Programs ....•• , ...••• 6.22 IlIdemniJication .............................. 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 Doc:wncms ...•. 6.I1 Palent Fees and Royalties ......................... 6.12 l'amits ........................................... 6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 reIaIed Wori< performed prior to ENGlNEER's approval of required submittals ................. 6.28 SlIfe sbUctunlloading .................... ........ 6.18 Safety and Protection ................... 6.211.7.2. 13.2 Safety Representative ............................. 6.21 Schedu6ng 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 ConsbUction Me!hods and Procedures .................................... 6.7.2 Substitutes and '"Or-Equal" Items ..•••••••••••••• 6.7.1 Superintendence ................................... 6.2 Supervision ........................................ 6.1 Survival of Obligations ............................ 6.34 "lUes ....................................._...... 6.15 Tests and Inspections ............................. 13.5 To Repon .........................................2.5 Use of Premises ......••.•.••••••••• 6;166.11.6.30.2.4 Review Prior to Shop Drawing or Sample Si",","",1 .:6.25 RiJlht to adjustment for changes in the Wort ••••••••• 10.2 risht 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 SafelY and Prolocuon ................. 6.20-6,22. 7.2. 13.2 Safety Representative ............................... 6.21 Shop Dnwings and Samples Submittals .•..•'•.•• 6.24-6.28 Special Consultants ........................;.;..... 1f.4.4 Substitute Consauction Me!hods and I'roc:eduies ......6.7 Substitules and "Or-Equal" Items. Expense ..,6.7.1.6.1.2 SubcontraclOrs. Suppiiers and Others ... 􀁾􀀠••••••.• 􀀶􀀮􀀱􀀭􀀶􀁾II Supervision and Superinlendence ", ..•• ." •.• 6.1.6.2. 6.21 Taxes. Payment by ..................... , ............ 6.15 Use of Premises .... " .......................... 6.16-6.18 Warranties and guaranlees .............. , ....... 6.30. 6.5 Warranly of Totle ..........................: ........ 14.3 Written NOlice Required-." '» CONTRACTOR Slop Wori< onenninale ... : ....... 1,.5 Repons of Differing Subsurface and Physical Condilions ...... , ...................................... 4.2.3 Substantial Completion .............i:............ IU CONTRACTOR5-«her ..................,........... ;.... 7 Contractual Uability Insurance ...................... 5.4.10 ContnlClUai Tome Limits .............................. 12.2 Coordination "' '1 J '] :1 :1 ,! (, 􀁾􀀠J j 􀀧􀁾􀀠J " , 6.11 Anit:I. or PIUfl,ropil Anicle or Pardgrapil NltllftiHr NUmMr CONTRACTOR's responsibility .....•••..•....••... 609.2{ Copies of Documents .................................. 2.2 Correction !'triad .................................... 13.12 Correction. Removal or Accepta/1ce of Defective Work in gcnellli ............................. 10.4.1. 13.10-13.14 ACCCI'tance of Detective Work ..................... 13.13 Corm:tion or Removal of Defectlve Work ..... 6.30. 13.1I Correction Period .................................. 13.12 OWNER May CoITCCI Defective Work ............. 13.14 OWNER May StOp Work ........................... 13.10 CosI-. ofTests and Inspections ............................. 13.4 Rcc:ords ............................................ I1.7 Cost ofthe Work-Bonds and insurance.. additional ................ 11.4.5.9 QuI! DiscounlS ................................... 11.4.2 CONTRACTOR's Eft .............................. 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to ....................................... IJ.5 Genel'l1l ........................................ 11.+11.5 Home office and ovemead expenses ................. 11.5 Losses and dama!!es ............................. 11.4.5.6 Malerials and equipment .......................... 11.4.2 Minor expenses ................................. 11.4.5.8 Payroll COSts on changes .......................... 11.4.1 pcrfonncd by SubconUllClOfS ...................... 11.4.3 Rec:otds .............................. .............. IJ.7 Renlals ofconsU'llCtion equipment and macI1inery. 11.4.5.3 ( Roy.aJty payments. permits and license fees ...... 11.4.5.5 Site office and tetnponty facilities ............... I􀀱􀀮􀀴􀀮􀀵􀀮􀁾􀀠 Special Consultants. CONTRACTOR's ............ 11.4.4 Suppiemenllli ..................................... 11.4.5 lUes ",wed to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts .................................. 11.4.2 Utilities. fuel and sanitarY facilities facilities ............... 11.4.5.7 Work afterregular hours .......................... 11.4.1 Covenng Work .................................. 1l.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting. titting and patching ............................ 7.2 Data. to be fumished by OWNER ............•.......•• 8.3 Oay--definition of ........•...•..........•........... 17.2.2 Decisiorrs on Disputes ........................... 9.11. 9.12 dcfective-definition of ................................ 1.14 defective Work-Acceptance of .............................. 10.4.1. 13.13 Cot:recuon or Removal of ................... 10.4.1.13.11 Cot:recuon !'triad .................................. 13.12 in genern.I ................................. 13. 14.7. 14.11 Observation by ENGINEER ........................ 9.2 OWNER May SIOjl Work .......................... 13.10 Prompt Notice of OefcclS ........................... 13.1 Rejecting ............................................ 9.6 Uncovenng the Work ............................... 13.8 Detenrunatioll$ for Unit Prices ........................ 9.10 Mering Subsurface or l'IIysical Conditions NOIiee of .......................................... 4.2,3 ENGINEER's Review ............................. 4.2.4 Possible Contract DocumenlS Change .••••••••••.••• 4.2.5 Possible Price and Tunes AdjusunenlS ..•••••••••.••.4.2.6 Disc:re!>ancies-Reperting and Resolving ..•• 2..$. 3.3.2. 6.14.2 Dispule Resolution-Apecment ..............................:-...... 16.1.16.6 Alt!itralion ..................................... 16.1.16.5 aenerat ............................................... 16 Mediation .......................................... 16.6 Dispete Resolution Agnoement .................... 16.1·16.6 Disputes, Dec:isions by ENGINEER .............. 9.11·9.12 Oocwnents-Copies of ............................................ 2.2 Record ............................................. 6.19 Reuse of ............................................. 3.7 Orawmgs--definilion of ............................... 1.15 Easements ............................................. 4.1 Elfecuve date of Agreement-definition of ...•....•.... 1.16 Emergenaes .......................................... 6.23 ENGINEER-as initial interpnoter on disputes ................. 9.11-9.12 definition of ........................................ 1.17 Umiwions on authority and responsibilities ................................. 9.13 Replacement of ...................................... 8.2 Resident Projca Repnosenwive ......................9.3 ENGINEER's Consultant-re..n!alive-Ouring COIISII1ICIion. ENGINEER's SlaIUs ............................ 9.1 Responsibilities-Asbestos. PCB'•• Petroleum. Hazardous . Waste on Radioactive Malcrial ..................8.10 ClIange Orders ....................................8.6 Changes in the WorK ....................: ......... 10.1 wmmunicalions .........................__........ 8.1 CONTRACTOR's responsibilities .................. U evidence of financial atrangImIents ................8.11 inspections. te.ts and approvals .................... 8.7 1_ .........................................8.5 lands and easements ...............................8.4 prompt payment by ................................ 8.3 replacement ofENGINEER ....................... 8.2 reporu and tests ................................... 8.4 Slop or .uspend WorK .................. 8.1. 13.10. 15.1 ,cnninale CONTRACfOR's services .......... 8.8. !s.2 separate repre$entallve at Site ........................ 9.3 independent tCSllng ................................. 13.4 _ or occupancy of the WorK ...................... .............. 5.15.14.10 writlen consenl or approval required ............................... 9.1. 6.3.11.4 written noUce requin:d .......... 7.1. 􀁾􀀮􀀴􀀮􀀠9.11. 11.2. 11.9. 14.1, 15.4 PCBs-definition of ........................................13 general .............................................. 4.5 OWNER's responsibililY for ........................1.10 PIIrIiaI Uliliwio_ definition of ........................................ 1.211 general ................................... 6.30.2.4. 14.10 Propen:y InsW2l1ce ................................. 5.\5 Patenl Fees and Royalties ............................. 6.12 Payment Bonds .....................................5.1·5.2 Paymenls. Recommendation of ............. 14....14.7. 14.13 Payments 10 CONTRACfOR and Completiori-Application (or Progress Payments .................. 14.2 CONTRACTOR's Warranty of Title .....:............ 14.3 Final Application for Payment ......................: 14.12 Fmallnspection ..................................; l4.11 Final Payment and Acceptance .....;......... 14.13-14.14 general ............................c.............. 8.3.14 Parlial Utilization .................................. 14.10 Relainqe ........................................... 14.2 Review of ApplicatlOlls for Progress . Payments ......................... ......... 14.4-14.7 prompt paymelll .......................:, ........., ... 8.3 Schedule of Values .....................:.........a;. 14.1 SUbstannal Completion ......................... 14.8-14.9 Waiver ofClaims .................................. 14.15 when payments due .......................... 14.4. 14.13 witllholding payment .............: ............: ..... 14.7 CoonlinaIion ofllle WorK ............................ 7.4 Perfonnance Bonds ................................. 5.1·5.2 Disl!uteS. f'CqIICSl for decision ....................... 9.11 PermilS ............................................... 6.13 9 Arlie/I! or PoragrtlJlh NIUftDl!r I'eIroIeumdefinition of ......................................" 1.30 fICIIIInI •.••••••...••••••••••••••••••••••••••••••••••. 4.5 OWNER's n::IIJOI\Sibility for ........................ 8.10 Physic:aI Conditions-DlawillP of. in ouelaling 10 ..................... 4.2.1.2 ENGINEER's uDli P.w:iIities .....................,......... 4.3 PauibIe ComnIct DocumcaIs Change ............... 4.2.5 PauibIe Price and ll111CS AdjustmelllS •••••••••••..• 4.2.6 Repons and DIawInp ............................. . 4.2.1 NcIUc:e 01' DiII'eriag Subswface or. .................. 4.2.3 SuIJswfao:e and ...................................... 4.2 SubsurfaceCondiIions ............................ 4.2.1.1 "D:duIicaI DaIa. I...imiIcd Reliance by CONTlUCIOR AUlhorized .................... 4.2.2 Underground Facilities-geIII!I'lIl .......................................... 4.3 NO! Shown or lndio:aled ....................... U.2 l'IvIcction of ............................... 4.3. 6.20 SIIown or Indicaled ............................ 43.1 Tec.IWcaI DaIa .................................. ... 4.2.2 I'n:comInIcIion Confenmce ............................ 2.8 FsetinWwry Madcrs .......•......􀁾􀀠...􀁾􀀠....􀁾􀀠. . . . . . . . . . . . .. :; PlloIimiuwy Schedules ............................... ... 2.6 l'IemiKs. Use of ................................. 6.16-6.18 Price. Chanaa ofConlnll:l ............................... 11 Price. ComnIct-deliai1ion of .......................... 1.11 I'roIress i'aymem. Applications for .................... 14.2 I'roIress paymem--Rlainage .......................... 14.2 I'roIress scbedule. CONTRACIOR's ..... 2.6. 2.8. 2.9. 6.6. 6.29, 10.4. 15.2.1 PnIjeo:t--ddlnilion of .................................. 1.31 ProjecI Repmenwive-ENGINEER's Status During Conslluc;uon ............ 9.3 Project Represenwive. Residenl --ddlnilion of ...................................... 1.33 prompt paymem by OWNER ...........................8.3 Propeny Insuranc:e AdditioaaJ ........................................... 5.7 fICIIIInI .......................................... 5.6-S.10 I'IrIiaI UIiIiz.aIion ........................... 5.15. 14.10.2 recl!ipl and application of proceeds ................................ .. 5.12·5.13 1'II:IIec:tion. Safety and ....................... 6.20-6.21. 13.2 I'uIIch lis! ............................................ 14.11 R.1odioactive Materialdefinilion ...................... ..................... 1.32 fICIIIInI .............................................. 4.5 OWNER's responsibilily for ........................ 8.10 beommeIIdaIion of Paymenl .............. 14.4. 14.5. 14.13 ReconI DocumeI\IS ............................. 6.19.14.12 ReconIs. PIocedum for maintaining .................... 2.8 R.efaClICC: Points .......................................4.4 R.efaClIICC to SIaIIdanis and Spccilica1ions ofTcdInic:aI Soc:ieties ................................ 3.3 Arlicil! 0' I'tlmgraph N_bll' RquiaIions. Laws and (orl ............................ 6.14 IlcjecIiq Defective Work ...............................9.6 RIIIIIcd Workaa: Site ...........................................7.1·7.3 I'eIformed prior to Shq) DmwillP ud Samples subntittals review .................. 6.28 Remedies. cumulalive ............................ 17.4. 17." Removal or Correc:lion of Defective Work .............................􀁾...... 13.1 1 A!IItaI agreemenls. OWNER 3jl\lI"OVal n:quired ...................................... 11.4"'.3 replacement of ENGINEER. by OWNER .............. 8.2 Reponing ud Resolving DiSCftlllllllCies ...• 2.5. 3.3.2. 6.IU Repons-IIIr.I Dmwinp ...................................... 4.%.1 and lCsIs. OWNER's responsibility .................. U Residenl Projecl Represenllllivedefinition 01' ........................................ 1.33 provision for ......................................... 9.3 Residenl Superintendent. CONTRACTOR's ..•..•....••• 6.2 Responsibilities-􀁃􀁏􀁎􀁔􀁒􀁁􀁃􀁉 􀁏􀁒􀀧􀁳􀁾􀁮􀀠general ........................... 6 ENGINEER·s·in general ............................... 9 􀁾􀁮􀁳􀁯􀁮............................•.•.•... 9.13 OWNER's·in general .................... ..............8 Retainage ............................................. 14.2 Reuse of [)(x;umems ................................... 3.7 Review by CONTRACIOR: Shoj) Drawings udSamples Prior to Submittal ...................... 6.lS Review 01' Applications for l'I'ogre!s PaymenlS ...................................... 1.......14.7 Jtiahtto an adjustmenl ............................. ... 10.2 Riahts ofWay .......................................... 4.1 RoyaIIies. Palenl Fees ud .............................6.12 Safe StruClural Loading ............................... 6:'18 Safety-and Protec:tion ....... 4.3.2. 6.16. 6.IS. 6.20-6.21.7.2. 13.2 general ........................................ 6.20-6.23 Rcpresentauve. CONTRACTOR's ..........••...••..• 6.21 􀀼􀁾􀀠 Samples-jdefinition of ........................................ 1.34 general ......................................:::. 6.24-6:i8 Review by CONTRACIOR ......................... 6.1S Review by ENGINEER .......................,6.26. 6.27 related Work .............................􀁾􀀠..........'6.28 suIImittaI of ........................................ 6.24.2 subntittal proc:edures ..................._:; .......... 6.25 Schedule of progress ... _. 2.6. 2.8-2.9. 6.6. 6.29. 10.4. 15.2.1 Schedule of Shq) Drawing and Sample Submittals .. _.................... 2.6. 2.J.2,9. 6.24-4.28 Sc:bedule of Values ........................ 2.6.2.8-2.9. !4.:.l , ';!i,'_Schedules-. Adbereru:e 10 ..................................... IS.2.1 Adjusting .................... ........................6.6 CIIan&e of Contrac;t Times ............:,............. 10.4 lnilially Acceptable ... _...........•.••. _; :._ ...•••• 2,j.2.!l 􀁐􀁲􀁥􀁾􀁭􀁩􀁮􀁡􀁲􀁹􀀠...................... .................... %.6 Sc:ope ofChanges .............................. 10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 10 􀁁􀁮􀁩􀁃􀀯􀁾􀀠or /'Qrarrapit NtuMtr Shop Drawiapand Sampjes, gcnemI ........................... 6.244.28 0Iange Orders & Applicalians far Payments. and ............................... 9.7.J}.9 definirion of ........................................ 1.35 ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibilily for noview ............................... 9.7. 6.24-6.28 re4aIed Work ........................................ 6.28 ",view pnx:edures ......................... 2.3. 6.24-6.28 submiaaI requinod .:........................,...... 6.24.1 Sllbmiual Procedures ............................... 6.25 use 10 approve substitutions ........................6.7.3 SboWII or Indi<:aIcd ................................... 4.3.1 Site Access ....................................... 7.'2. 13.2 Sile Oeanliness ....................................... 6.17 Sile. Yisiis 10by ENGINEER ................................ 9.'2. 13.2 byodlctll ........................................... 13.2 "Speaal causes of loss" policy form. insurance ....... S.6.2 Spcciiicwon.... definition of ...................................... .. 1.36 ol TccImical So<:icties. reference 10 ................. 3.3.1 􀁾........................................ 3.3.3 SWIdan:Is and Spccilic:alions ofTecbnical Societies ............................ .............. 3.3 SIInlng Construction. Before ....................... 2.5-2.3 SIInlng !he Work ...................................... 2.4 SlOp or Suspend Wotkby CONTRACrOR ......................... ........ 15.s byOWNER ............................. B.B. 13.10. 15.1 Stora&e ofmaIeriaIs and equipmenl ................. 4.1. 7.2 SIrucIuraI Loading. Safely .............................6.18 SubcomracIOr-Cooceming, ..................................... o,u.11 definiIion of ........................................ 1.37 delayS .............................................. 1'2.3 waiver ofrigllts ..................................... 6.11 S\Ibc:onIn(:IOB-lcs ....................................... 6.24-6.28 Schedule of Values ............................. 2.6. 14. I Schedule of Shop DraWings and Sample. Submissions .................... 2.6. Z.8-2.9 Shop Drawings .......•........." .....•........ 6.24-6.28 SubsWttial CompieliOnccnifio:alion of ................... ..... 6.30.2,). 14.8-14.9 cietinition of .................................... ... 1.38 Subsuwtc Conslruction Metbods or Procedures ....... 6.7.2 Subslituwand "Or Eqtial" Items ...................... 6.7 CONTRACTOR's Expense ...................... 6.7.1.3 ( ENGINEER's Evaluation ........••................ 6.7.3 "()r.Eqtial" ........................................ 6.7.1 􀁁􀀮􀁲􀁴􀁬􀁣􀁩􀁾􀀠or /'Qrarrapit 􀁎􀁴􀁵􀁴􀁴􀁢􀁾􀁲􀀠Substitute Ilems .................................. 6.7.1.2 SubsUIfacc and PhySical Condition.... Drawings of. in or ",lating to ..................... 4.'2.1.2 ENGINEER's Review ............................. 4.2.4 geaeRI .............................................. 4.2 Umitcd Reliance by CONTRACTOR AuIhorizcd .................................... 4.2.2 Notice of Differing Subsurface or Physical Conditions ................................ 4.2.3 Phy$ical Conditions ...........................:...... 4.2.1.2 Possible Conlnla Documents Change ...•..•••.••••••• 4.2.5 Possible Pric:c: and TImes Adjuslments ...••••••••••••• 4.2:6 Reports and Drawings ................................ 4.'2.1 Subsurface and .............................. ........ 4.2 Subsurface Conditions allho Site ................. 4.2.1.1 TcdIni<:aI DaIa ..................................... 4.'2.2 Supenision-CONTRACTOR's responsibility ...................... 6.1 OWNER sball nOI sUpcrv1se ......................... 8.9 ENGINEER shall not not supemse ............... 9.2.9.13.2 Superintendence ....................................... 6.2 Supennlcnocnl. CONTRACTOR's reSIdent .....••.••. 6.2 Supplemental COSIS .................................. 11.4.5 SupplementarY Cooditionsdefinition of ........................................ 1.39 principal "'fenoncc 10 .... 1.10. 1.18. 2.2. 2.7.4.2.4.3.5.1. 5.3.5.4.5.6-5.9.5.11. 6.S. 6.13. 7.4. 8.11. 9.3. 9.10 SupplementingConlr.lCl Documents .................... 3.6 Supplier-definition of ........................................ 1.40 principal ",fen:nccs to .................. 3.7. 6.$. 6.8-6.11. 6.20. 6.24. 9.13. 14.12 WIi.er of Rilhts ....................................6.11 Suretycoment 10 final paymeru ..................... 14.12. 14.14 ENGINEER has no dUly to .........................·9.13 Notificalion of ........................... 10.1. 10.5. 15.2 qtialilicalion of ................................. 5.1·'-3 Survival of ObliplJons ................................ 6.34 Suspend Work. OWNER May .................. 13.10. 15.1 Suspension ofWorl< and Temunation-....... :.......... IS CONTRACTOR May SlOp Worl< or . Terminate ...............................;......... ".5 OWNER May Suspend Wo", ..............:........·'1'.1 OWNER May Terminale ....................... ".2..I:S.4 Taxes-Payment by CONTRACroR ...... ;.........., ...6.1' Technical Data-Umilcd Reliance by CONTRAC!1JR .:., ............ 4.2.2 Possible Pric:c: and Times Adjustments .............. 4.2.6 ReportS ofDiffering Subsurface and PhySical Conditions .............................. 4.2.3 Temporary conslructlon facilities ............ '.' .....•.. , . 4.1 Termination-;/by CONTRACTOR ................................. rs.s by OWNER .............................. 8.8. IS.I-IH 01' ENGINEER' s employment ........................ 8.2 SUSpensIon ofWo",·in general ......:............:..... IS Terms and Adjecu.e. .................................. 3.4 SubsIIWIC Consuuclion Metbods of l'nII:edurcs .... 6.7.2 Tests and Inspection.... II Aniclt or 1'ImI,,..,,1t NIIlrIbtr Access 10 tile Worii'.. by ochers •.•.••••••.••••.•...•• 13.l CONTRACTOR's .WjlOIISiI:oiIlties .................... 13.$ _of......................................... ..... 13.4 CllMliIll Work prior to ......................... 13.6-13.7 Laws and Re8"ladons (orl .......................... 13.5 Nccic:e of Defects ................................... 13.1 OWNER May Slop Worii'. .......................... 13.10 OWNER', indepelldent tcsIing ...................... 13.4 special. requin:d by ENGINEER .....................9.6 timely notice requin:d ............................... 13.4 U_..,dllllhe Wori!.. at ENGINEER's request .................................... 13.8-13.9 1_ Adjuttilll ............................................ 6.6 CIIuqp: ofColIIIaCt ................................... 12 Adjusting ............................................ 6.6 Com!Juwion of ..................................... 17.2 Contnct IltI'III$-definition of ....................... 1.12 day ................................................17.72 Milesroncs ........................................... 12 Rcquin:mentsappeals .......................................... 16 dariIications. claims and dilpulA ............................. 9.11,11.2.12 _...1_,_ofI:0IlII'8I:I times ...•••••••••••••••• 2.3 precotlSlluction CWIlerence ......................... 2.8 .....'Ies ................................. 2.6, 2.9. 6.6 SIIrIiu&: the Worii'. ..................................2.4 Idle. Wamtmy of ........................ ............. 14.3 U_vll!lirl8 Worii'. ................................ 13.8-13.9 UDdesihlUlld Facilities. Physical Condilion_ definition of ........................................ 1.41 NCIc Shown or Indicalcd ............................4.3.2 prcIIIIC:Iion of ................................... 4.3. 6.20 lIIIowD or Indicalcd ................................4.3.1 Uail Price Worii'.dIims ............................................ 11.9.3 ddiDition of ........................................ 1.42 JIIIIII!I8I I8I .................................. 11.9. 14.1. 14.5 Uait Plit::cs fIIII'I'III ........................................... 11.3.1 DcIermination for ...................................9.10 U.of Premises ........................ 6.16. 6.18. 6.30.2.4 Utility owners ...................... 6.11, 6.20. 7.1·7.3. 13.2 "]Nfit:lt 01' l'arrJ,taplt Nlllllbtr Ulilizalian. Par1iaI ............... 1.211.5.1.$.6.30.2.4.14.10 ""'"oftile Worii'. ...................................,. 11.3 """".Sc:bedule of ....................... 2.6.1J.2.9. 14.1 'tWiaIions in Work-Minor AutIIcriud ................................6.2'. 6.27. 9.5 V'rsits ofSilO-by ENGINEER ......................... 9.2 WIiver ofClaims-on Final Payment ........................................... 14.1S WIiverofRisbIS by insured parties ..........:-.... 3.11. 6.11 ]'MIrnuuy and Guallllllce. General-by CON'TRACIOR .................................... 6.30 'MIrnuuy ofTide. CONTRACTOR's ................... 14.3 'Mlrk-Access 10 ........................................... 11.2 by'0CIlers.. ...........􀁾􀀠•..••􀁾􀀠...•..•􀁾􀀠••.􀁾􀀠•• 􀁾􀀠.....􀁾............ 7 CIanps in tile ....................................... 10 Cominuilll tile. . .................................... 6.29 CONTRACTOR May SlOp Work or Terminale ................................... IS.$ Coordination of ......................................7. 4 J Cost of the ..................................... 11.4-11.5 definition of ........................................ 1.43 neglCCIeII by CONTRACTOR ...................... 13.14 ] othet' 'Mlrk ............................................7 OWNER May Stop Worii'. .......................... 13.10 OWNER May Suspend Work ................. 13.10. 15.1 1 RelaIed. Worii'.31 Sile ............................. 7.1.7.3 J SllrliDltIIe .......................................... 2.4 Slopping by CONTRACTOR ........................ "..5 Slopping by OWNER ....................... ... 1S.I-U.4 'j\'iIriaIion and *"iaIion authorized. 􀀮􀁾􀀠miaor ........................................... 1.6 'Mlrk CIIanp Diree\iy_ claims pursuant to .................................. 10.2 defiliitiCM of ........................................ J.44 IlrinciPaI n:ferenc:es 10 .................... 3..5.3.10.1·10.2 Written Amendmenldefinition of ...................................... .. 1.45 IlrinciPaI n:f=c:es 10.,. 1.10. 3.S. 5.10. 5.12. 6.6.2. 6.S.2. 6.19. 10.1. 10.4. 11.2. 12.1. 1).12.2. 14.,7.2 Written CIarificaIions and IIIIl!rpretaIion ...........................1.lJ. 9.4. 9.11 Written NOIice Rcquined-" by CON'TRACIOR ........ 1.1.9.10.9.11. 10.4. 11.2. 12.:1 byOWNER....................9.IM.II.-10'4.1I.2.·11M () . J ,.1 12 GENERAL CONDmONS : l( ARTICLE I-DERNmONS W1Ierever used in these General Conditions or in lite other Conlr.lCt Doc:uments lite following lerms have lite meaIIings il'ldi<:alA:d whidt are applicable 10 both the singulat and pIuraJ theftof: 1.1. Add: ENGINEER will pl'Of!ll)dy reWIw lhe peninent conditions. dctennine Ihe nccessiIy of OWNER's obIainiDg addilional exploration or IeSIS willi respect Ihcmo and advise OWNER in wriIinI (with a COllY to CONTRACTOR) of ENGINEER's Iindlngs and coOOUSIOIIS. -, j 4.2..5. pfI#ibIit C_ Dac&lllillla" 􀁃􀁾􀀺If BNGI· NEER COIICiIIdes l1li1 a cIIIIIIp ill the Conaac:t Dnca_" is required as a resull of a cOlldition l1li1_ODe or_ofllle 􀁾in pIII'I8I1Ij)h 4.2.3 .. a '\\\)ric Cbanp Dinc:Iiwe or a •] ChiuIge Order will be issued as provided in Article 1010 refleI:I aDd document Ille coosequenccs of such cllaa!le. 􀀧􀀬􀀧􀁾􀀠J4.u. Possible Price IUId TUMS Adju.rrme1ll.S: An equiIIIbIe adjomment in the Conuact Price or ill the ContniI:I 1'110-. or bulb. will be allowed ID the _ I/Iat the exist ICe of such '"' 􀁾􀀠,jUIICOwered or revealed coaldition eau:ses an iii.. I or decrase in CONTRACIOR's cost of, or time required for ..1iIi_of. the '\\\)ric; sub.ieet. '-er.10 the IQIIooMua: 1.J4.%.6.1. such condition _meetany ODe or_ofthe 􀁾de4clibed in panIIIlIpilS 4.2.3.1 tbn:lIItIh 4.2.3.4. iadusive: J 4.26.2. a change in theConuact 􀁾􀁰􀁵􀁮􀁉􀁉􀁉􀁉􀁉􀁉􀁬􀁬􀁄􀀠PIII8I'lIPh 4.2.5 wiD not be an IIIIIDmaIic: audwJiizllion of nor acondition precedenllD entiIIement 10 any such _jusImeIIt; ] 4.2.6.3. willi respCI:I to '\\\)ric Illal is paid for on a Unit Price Basis. any 􀁾􀁉in ConU3Ct Price wiU be subject '1 j10 Ille provisions of paragrIIp/Is 9.10 and 11.9: and 4.2.6.4. CONTRACTOR shall not be entitled to any C1 adjustment in !he ConII'8I:t Price or limes if; • J 4.2.6.4.1. CON'I'RACTOR knew of the ••.......-of ' .such conditions atlhe time CONTRACIOR __a IiIaI ! commitment ID OWNER in respect ofComnoct Price and ,", i! CoouacI TUlleS by Ihe submission of a bid or IlIh.n i"8 bound under a 􀁾contract; or -􀁾􀀠':l •• .:.:14.%.6.4.2. !he existellce of such conditioo could rea!OiiIbIy have '-' diseow:red or revealed as a result of ., any eXalninatioo. invesription. exploradon. test or study 􀁾􀀠of Ihe site and contiauous an:as required by the Bidding j Requirements or Conlnll:l Documents to be coodIlCICd by or for CONTRACTOR prior to CONTRAC.'IUR:. maidng such final commitment: or . 4.1.6.4.3. CONTRACTOR railed 10 Rive IIi!J wriIIeft, noIiI:e within !he time and as required by 􀁾4.%.3: Ir OWNER and CONTR.AC1OR are unable to ..,on· CIIIiIIemerII to or as. 10 tbe amount or lenadt of any such equitable a.djusunent in Ille Contract Price or CtinInc:t TImes. • cIIim may be made Illerefor as provided in Anic:les II and 12. Howeyer. OWNER. ENGINEER and ENGINEER's Consultants shall not be liable 10 CONTRACIOR for any claims. COSU.losscs or damages sustained by CONTRACIOR 011 or i". COIUICI:Iion with any Olber pnl!CI:I or anticipated proJeCt.. • 4.3.1. Shown or IIItJit:JutId: The information &lid dIIa shDwo or ildiclled ill !he c-!)!c-!)!ct_with RSJIIClID aisIiI1g 􀁕􀁾Alcililiesll orll..'znn 10 the ..is .... on . , 18 : j illDuiiilioll and daIa furnished to OWN'ER or ENGINEER by the owners olsuch Underpwnd F\Jcili1ies or by otIIm. Unless il 􀁩􀁳􀁾􀁥􀁸􀁰􀁲􀁥􀁳􀀱􀁓􀁬􀁹􀁰􀁲􀁯􀁶􀁩􀁤􀁥􀁤􀁩􀁮􀁴􀁨􀁥􀁓􀁾􀁃􀁯􀁉􀁉􀁤􀁩􀁉􀁩􀁯􀁮􀁳 􀀺􀀠4.3.1.1. OWNER and ENGINEER shall not be respon· sible for the accuracy or complet.n ..s of any such informa· tion or data: and 􀀴􀀮􀀳􀀮􀀱􀁾􀀠Thec:ost ofaD of the foDowill!! will be included in the Ctlnu:a<:t Price and CONTRACTOR shall bay. full responsibility for: mnMcwingand d>cd;it..all such infcrmalion and daIa. (u) loc:aIing 1111 Underpwnd l'aciIilies shown orindicated allbe ConInIct DocumenIs. (iiil C\XJOdiJiiiIionofthe I'Ibrt. widl the owners ofsuch Underpwnd I'aciIides dutingCOllSllUClion. and (M IlIe safety and pn:ltCCIion of aD such 􀁕􀁾􀁮􀁤􀀠Fdiries as provided in paI'lIIIlIPh 6.20 and tepalling any damagI: tIImto resulting fnJm the Wont. •.􀀳􀁾􀀠Not Show" or IlIIiictlwJ: Ifan UndctgrOlllld Facility is uncov.red or ...vealed at or conuguous 10 the site which was no! shown or indicated in die COIIUlIl:t Docume..s. CON· TRACrOR shall. promptly after becmnmg aware thereof and bdorc further diswrbing conditions affected thereD. or per· forming any WOrk in aIIIIICCIion thercwldl .except '" an CIIICIpJlCy as 􀁾by panIII"II!)ft 6.231. identify .he own.r of such Undcqround Rlcility and llive wrium noUce 10 that owner and to OWNER and ENGINEER. ENGINEER will IXIIIRPdy ....iew die Underground Facility and dclCtlrunc the eslCnt. ifany. to wllich a change is mjUircd in the Conlta<:t Ilocumonts to t1Iftect and docWIICIII the consequences of lhe elUsIence of the UndeqruwId F\Jcility. If ENGINEER co.. cIudes thai a change in the COIIlta<:t Ooc:wncnls is required. a \\\Irk CIlange DirecIi.e or a Chanp Order will be issued as provided in AI1icle 10 10 reftect and document such' conse· 􀁾􀀮Durina such time. CONTRACTOR shall be responsible forthe safety and pl1lll:dion ofsuch Underground Facility as provided in panIII"II!)ft 6.10. CONTRACTOR shall be a1. lowed an increase in the COmracl Price or an extension of the Co_TIIIIC$. or holh.to die "".ent lllCCled to be aware of or '0 have anticipated. If OWNER and CON11lACTOR are unable 10 agree on e..ide· ment to or the amount or lengll! of any such adjustment in COIIUlIl:t Price or Conlta<:t Times. CONTRACTOR may m.al-CONTRACTOR'S RESPONSIBILITIES 6.1. CONTRACT'OR shaJlsupervisc. ;nspectand direct the \Vorio. competently and efficiently. devoting such attention tItcRto and applying sud! skills and e.penise as may be necessary to perform the Worit in accordance wilh the Con·c t/Kt Documents. CONTRACTOR shall be solely responsible forlbe means. methods. techniques. sequences and procedures of c:onsUllClion. but CONTRACTOR shall nO! be responsible for the nepgcnce of others in the design or specification of a 􀁳􀁾means. method. technique. sequence or procedure of COIISIRIction which is shown or indicaled in and e.pressly required by the Contracl Documents. CONTRACTOR shall be """"nsible to see thai the completed Wor!< col1ll'lies 3CW' _Iy wilh the Contract Documents. 6.2. CONTRACT'OR shall keep on Ihe Wor!< aI all limes during its progress a competenl resident supcr;mendent. who ;hall nO! be replaced wilhout written notice to OWNER and ENGINEER except under exuaordinary circumstances. The superintendent wiil be CONTRACTOR's represenlative at the si!e and shall have authOfity to act on behalf of CONTRAC· lOR. All communicalions to Ihe supcr;ntendent shall be as binding as if given to CONTRACTOR. 6.3. CONTRACTOR shall proYldecompctent. sullably qual· ilieO personnel to survey. lay OUI and construct the Wor!< as required by the Contract Documenls. CONTRACTOR shall at all times mainlain good discipline and ord.r allhe slfe. Except as olberwise required for lhe safety or proteclion ofpersons or( the Work or propet1y allhe sile or adjacenlthcrcto. and ....pt as otherwise indicated in the Contracl Documents. all Work at the stte shall be performed during rep!lar worong hours and CONTRACIOR will not pemul overume wor!< or the perfor· _ of Won: on Sarw-day. Sunday or any legal holiday widIoul OWNER's wrilltn consent given after prior wrllltn nacice 10 ENGINEER. 6.4. Unless otherwise specified in tbe GeaeraI Require' 1IICII1lI. CONTRACTOR shaJl furnish and assume full responsibility for all malCriaiS••quipment. labor. mmsponation. con· slJllClion .quipment and madlinery. toots. 􀁾􀀮fuel. power. light. heat. telephone. water. sanitary facilities. temporary faciliti.s and all olher facilities and incidenlals necessary for the furnishing. performanc •• testing. stan-lip and compl.· Iicft of the Wori<. 6.S. All materials and equipment shaJl be of JIOOd qualily and new. except as olberwis. provided in the Conmicl Docu· menlll. All wammi.s and II\WlIIItees specilicaUy c:aIIed for by the Specificalions shall ••pressly run 10 thebcnc:fit ofOWNER. If required by ENGINEER. CONTRACTOR shall furnish satisfaclory evidence (including repons of requimI tests) as 10 the kind and quality of ma!erials and .quipmem. All malCriats and equipm.nt shaJl be applied. ;nslalled. connecIcd. erected. used. cleaned and condilioned in accordance wilb instrUCtions of Ih. applicable Supplier •••cept as otherwise provided in the Comract Documents. 6.6. CONTRACT'OR shaJl adh.re to the PI",_ sdledule cstabIished in accordance with parqrapII 2.9 as il may be adjusted from lime to time as provided below: 6.6.1. CONTRACT'OR shall submit 10 ENGINEER for 􀁾(10 the ••tent indieated in panIIIlIplI2.9) pr0posed adjustments in the prosms sdIeduIc thai will nol dIange the ContlllCt TiIllC$ (or MilesIoncsl. Such Jllljusi' menls will conform gencrally to lhe progras schcdoiJe lhen in etYect and additionally will comply with any provision. of the General Reqwrements applicable therelO. 6.6.2. Proposed adjustments in the pIIIIlm' schedule thai wiil change the Contract TiIllC$ (or Milestones) shall be submined in ..:c:onIaru:e wilb Ihe requimnciJts ofpapgraph 12.1. Such adjustments may only be ...... by a Change Onl.ror Written Amendment in acconlano;c with Arti£I.12. 6.7. SuIJstiIuu. and "Ot>&/II4I" 1_: 6.7.1. Wllenev.r an ilem of IIUIII:tiaI or equipment is specified or dC$<:ribed in the Conllaa 00cumen1S by using the name of a propriewy i!em or the IIIUI!C of a paniwiar Supplier. the specificanon or dC$<:ripliori is inleriC!ed 10 CSlabiish the type. function and quality required. UnleSs Ih. Specificalion or description contains or is followed by words reading that no lik•• equlyal.m or "or-cqual" item or no substilution is permitted. other items, of 1IIIICriai' or equipmcm or matenat or equipment of other Suppli.rs may be accepted by ENGINEER undcrthe following circumstances: 6.7.1.1. "ON!lquaJ"": Ifin ENGINEER's sole disaetioa an ilelll of III1IIeriaI or equipment prnposed by CONTRACI'OR is funclionally equal 10 that named and suffi.. dently similar so !hat no 􀁾􀁨􀁡􀁮􀁰􀀠in relalcd Work will be required, it may be consideIed by ENGINEER as an "OMqUaI" i!em, in wlUdl case review and approval ofIhe jAoposul item may, in ENGINEER's sole disaelion. be _,plished widlout compliance wi!b some or all of the requiremenlS for 􀁾ofPioposed subslilur.e items. 6.1.1.2. SubslilUle Items: If in ENGINEER's sole d.i:IereIion an ilelll of IIIIIerial or equipment pioposed by CONTRACI'OR does not quaIiIY as an "or-equal" item IIIIIier subparagraph 6.7.1.1. it will be considered a pr0posed subslitwe item. CONTRAC'IOR shall submit sufficiem informalion as provided below 10 allow ENGINEER 10 detennine !hat the item of IIIIU:riaI or equipment proposed is essmtjally equivalOllt to !hat named and an aa:eptable subslitute therefor. The procedure for review by the ENGINEER will include !he following as supplemented in the General Requirements and as ENGINEER may decide is appIDpiiate under the cil'Clll1lSlllllC. Requests for review of proposed substitute items oi I!IaIenal or equipment will not be accepted by ENGINEER from 3llyone other than CONTRAcroR. If CONTRAC'IOR wishes to furnish or use a subslitute item of material or equipment. CONTRAcroR shall fim make wriuen lIPPIicalion 10 ENGINEER for acceptanCe !bereof. certifying tIlat Ibe proposed substitute will petform adequately the IiIIIctiofts and adlieve the results called for by the senerai daiIn. be similar in subsWil:e to !hat specified and be suited 10 the same use as !hat specijied. The 8!IIliication will Stale Ibe eXlent, if any. to which the evalualion and accepcance oflbe prnposed subslitule will prejudice CONTRICIOR's adlievement of SubsmmJaI Completion on lime. whe!herorllOlaccepWiCeoftbesub stitweforusein tile Work will require a 􀁾􀁳􀁥􀀠in any of the Comnu:t D:lcumems (or in tbe provisions of any other dirKt COIIInICt with OWNER for work on the Projectlto adapt the deslgn to the proposed submte and whether or not inc:orporalion or use of the subslilute In connection wllh tile Work is subjel:t to payment of any license f.. or royalty. All variaIions ofthe proposed subslitute from that specified will be iden!iIIed in the 􀁾and available Dllilltenance. repair and replacaJcnt service will be indicated. The applieation will also contain an itemiud esliI'IIIIIe of all caslS or credits that will result directly or indirectly from accepWlCC of such substitute. including costs of redesign and c:Jaims of olher contractors affected by the ....ulting chanse, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN· GINEER may require CONTRAClOR to furnish addi· tionaI daIa about the proposed substiwte. 6.7.1.3. CONTRAC1OR's £:sprlUe: All data to be provided by CONTRACTOR in suppon of any proposed "0MqUaI" orsubstiwte item will be at CONTRACTOR's ClIpertse. 6.7.2. SIibStitUlI! COIISUUCtiDIf MI!/hods or PrtJCl!tisul!S: If a speeilic means. method. technique. ,cq_ or procedure of 24 construc;tion is shown or indicated in and expressly required by the COntracl Documents. CON'l'RACIOR may fllmish or UIiIize a substitute means, method. technique.. sequence or procedure of construction acceptable to ENGINEER. CON· TRACTOR shall subntit suflicient informalion to allow ENGINEER. in ENGINEER's sole discretion. 10 determine lhat the substitute prnposed is equivalenlto !hatexpressly called for by the Conmu:t Documents. The procedure for review by ENGINEER will be sintilarto that 􀁰􀁲􀁯􀁶􀁩􀁤􀁥􀁤􀁩􀁮􀁳􀁵􀁾􀀶􀀮􀀷􀀮􀀱􀀮􀀲􀀮􀀠1 j6.1.3. Enfinur's Evaluation: ENGINEER WIll be allowed a reasonable time wilbin wltich to evalwue ear:h proposal or ,UbminaJ made pursuant to paragraphs 6.7.1.2 and 6.1.2. ENGINEER will be Ihe sole judge of aa:eptability. No "or· equal" or substiwte will be Clt'dimd. inslalled or utilized withoul ENGINEER's prior wriucn acceptanc:e wIUch will be evidenced by either a Chaqe Older or an 8jIjliOlied Shop ]Drawing. OWNER may require CONTRACIDR 10 furnish II CONTRACTOR's expense a special perfol1l1llllCC suaranleC or oliler surelY with respect 10 any "or-equal" or substitule. jENGINEER will ....,.,rd time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed orsubmilted by CONTRACrOR pursuanlto paragraphs 6.7.1.1 and 6.7.2 and inmwngchanses In the Contract Documents tor ,n Ibe provisions ofany otherdinol:l contracl wilb OWN ER for work on the Project! occasioned th....by. Wbcther or nol ENGINEER accepts a substiwle item so proposed or submit· ted by CONTRACTOR. CONTRACTOR shall reimburse OWNER for the cIwges of ENGINEER and EtolGINEER's Consultants for evaluatillg ear:h such proposed subsIitute item. tqJ 6.8.1. CONTRACI'OR shall not employ any SubeontnICIOr. SlqIIlIier or other person or orpnizalian (includi.ng !bose acceptable 10 OWNER and ENGINEER as indicaied in JIIII1IllIlII)h 6.8.2). whether initially or as a substitute. against whom OWNER or ENGINEER may have reasonable objecbOn. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or oliler. person or 􀁾10 furnish or perform any of the Work agaiIisl whom CONTRACTOR has reasonable objectioil .• 6.8.2. Ifthe SupplementarY Conditions require the iden-: tity ofcenain SubeonlnlCtOrs. Suppliers or other jlersoDs lir orpAizaIions (inc:luding those who are to furnish the princi· pal items of materials or equipment) to be submiUedIO OWNER in advance of the 􀁳􀁾􀁩􀁩􀁩􀁥􀁤􀀠date prior to the Effective Date of the Agreement for acceptanCe by OWNER and ENGINEER. and if CONTRACTOR 6as submiUed a list thereof in accordance wilh Ihe SupplementarY Condiuons. OWNER's or ENGINEER's acc:eJlllll1ci= 􀀨􀁥􀁩􀁴􀁨􀁥􀁲􀁾􀁮􀀠writing or by failing to make written objection thereIO by the' dale indicated for accepmnce or objection in the biddins : 􀁾􀀠. ,documents or the ConlnlCt Doc:uments) ofany sud! Subeon,1tnICIOr. Supplier orother penon or 01JlllliD!ion so idenlified may be revoked on the basis of reasonable objection'aftlir due invesligadon. in which case CONTRACTOR shall submit an aa:epcable subslitute. the COIIuac:t Price wiD be adjusled by lhe difl'erence in the cost occasioned by sud! 1 substi1IIIion and alI8lJPI"CIIlria1e 􀁃􀁾Older WIll be ISsued or Written Amendment signed. No -=WK:e by OWNER or ENGINEER ofan. sucnSubcontra<:tor. Suppiierorother person or 􀁯􀁾shall constilllte a waiver of any right of OWNER or ENGINEER to reject tkiulil't Woot. 6.9.1. CONTRACroR shall be iully responsible to OWNER and ENGINEER for all aw and omissions of the Subc::onIl3ClOlS. Suppliers and olller persons and orpnizalionsperforrniaa or furnishing any of!he Work underadirecl or indirect cOllll'8l:l with CON1'RACI'OR jusl as CONTRACTOR is responsible for CONTRAcroR's OWl! acts and omissions. NotIWJg in lhe CollUaCt Documents shall <:noaIC for the benefit ofany such Subcontracr.or. Supplier or ocber person or orpnization any conlnlCtual rdalionship between OWNER or ENGINEER ana any such Subcon1/lIIltOr. Supplier or olber person or orpnization. nor shall il aeare any obIipdon on lhe part of OWNER or ENGINEER 10 payor 10 see 10 Ihe payment of any moneys due ally such Subc::onlnlCtor. Supplier or other person or organizaIion ellCClll as may olherwise be required by Laws and Rcgu!ations. 6.9.2. CONTRAcroR shall l>e solely respoll'Slble for scheduling and coordinating the work of SubcontraCtOrs. Suppliers and other persons and orgaruzattons performing or lilmishing any ofthe Work under a direcl or indirect contr.u:1 with CONTRACTOR. CONTRACTOR shall require all SuI>comraaol'1. Suppliers and such 01.her persons and orpnizalions peliOtuWII or fhrnishing any of the Woot 10 communi· _ with the ENGINEER through CONTRACTOR. 6.10. The dMsiolls and sections of the Specifioations and tile idiemifications of any Drawings shall nol COI11IOI CON· TRACroR in diYidinc lhe Work among SUbc::onlnlCtors or Suppliels or ddinea.Iing the Work 10 be perfonned by any spcci/ic tnde. 6.11. All Work performed for CONTRAcroR by a SuI>_ or Supplier will be pursuanl to an appropnaIC agn:ellllOtII between CONTRACTOR ana the SubcontraCtor or Supplier which specUic:aily binds lile Subcontr.u:Ulfor Suppiier 10 the applicable lenns and conditions of of the Contract Docu· ments farlile bellefit ofOWNER ana ENGINEER. Whenever any such agnoemcnt is with a SuheonlnlCtor Of Supplier who is lilted as all additional iMured on Ihe propeny iMurance provided in paragraph 5.6 or 5.7. the agreement between the CONTRACTOR and the SuheontracUlf or Supplier will con!.liD pl'OYisiolls wheRby the Subcontractor or Supplier waive. all rights against OWNER. CONTRAcroR. ENGINEER. ENGINEER's COMulWlts and all other additionai insured. for all losses and damages caused by. arising out of or resulting fiIIm any of the penis covered by such policies and any other property i_ce applicable 10 Ihe Work. If the insurers on any such policies reqwe separate _verforms 10 be signed by any Suheonlractor or Supplier. COSTRAClQR wlil obtain Ihe same. ( I'WIIIl F.ts I11III Ro1fl/lilt: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all_IS incident 10 ,he use in the performance ofthe Work or the .ncorpor;u:ion in the Woot oflillY iOVemlon. daign. PI'OCCSS. product or device which is the subject of peteUI rights or copyrights held by other.s. If a paRicular in.ention. design. process. produCt ordevice is specifted in the ConlnlCt Documents for use in the perfO/tllBllCe of tile Work and if to the actual knowledge of OWNER or ENGINEER its use is subject 10 patent nghts or copyrights calIiD& for the paymentofany license fee or royalty 10 others. the1Ws_of such rights shall be disclosed by OWNER in IIIe COIIlIaCI Documents. To the fullest extent permitted by Law. and RegulatioM. CONTRACTOR shall indemnify and bold hannless OWNER. ENGINEER. ENGINEER's €cnsulwUs and the officers, direcr.ors. employees. agents and adlerCOllSlllIImS of each and any of them from and apinst III claims. _, losses and damages arising OUI of Of n:suItiI1I from any infringemenl of patenl rights or copyrights iacideDt10 the use in the perfOJ1lWlCll of the Work or resulting from the incorponltioII in the Work of any invention. design. process. pmdIIct or device nol specified in the Conuact /"loa_ 6.13. Unless otherwise provided in lhe S""""'menwy Conditions. CONTRACTOR shall obtain and pay for all con· suuction permits and lic:ensc:s. OWNER shill aaist CON· TR.AClOR. when nt:CCSSafY. in obtaining sudl penniIs and licenses. CONTRACTOR shall pay all 8O"1tI omental charges and inspection fees nt:CCSSafY for the p_1Iiao oftile Woot, which are applicable at the time of openiac ofllidl. or. ifthere are no Bids. on the Elfective Date of IIIe Alioemeot. CONTRAC'IOR shall pay all charg!es of ublity _ for c:oIII*lions 10 the Work. and OWNER shall pay all chirps of such utility owners for o:apitaI costs related tbereuI .uc:II as planl inves_tCee$. 6.14.1. CONTRACTOR shall give alIl101ica and comply wilh all Laws and Regulations applicable to fumishing and performance of the Work. Except where otbetwise expressly required by applicable Lawsand Reg"'arims. !l"ilherOWNER _ ENGINEER shall be responsible far DIOIIililringCON· TR.AClOR·. compliance with any Laws or. Rqldalions. 􀀮􀁾􀀮􀀠>1 . 6.14.2. If CONTRACTOR performs any any Work ktiQwing or having reason 10 know that il is COIIII'8I'y 10 LaW. or Regulations. CONTRACTOR shall bciar all clIinis.·c:om. losses and damages caused by. 􀁡􀁲􀁩􀁳􀁩􀁮􀁾􀀠out of or resulllng therefrom: however. II shall nOl be CONTRACTOR's primary responsibility to mali.e cenain lhat the Specilicalions and DraWings are on accordance wi[h Laws and Regulations. but this shall nOI relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. '. r......: 6••,. CONTRACTOR shall pay ,all sales. coaiumef. use and other similar taxes required 10 be paid by CONTRACTOR in accordance wilh the Laws and RqI''''*''ns of the p'-of 1 u.tI/" iii' 6.16. CONTRICIOR shall confine collSlnK:lion 􀁾􀀠IIICIII. !he 'toPIC of maIIIrials and equipment and lIIe opera. tiona ofworkers 10 !he sUe and land and areas ideulified in and pc:nniIUd by !heConIIlIct DocIIInenfs and oilierIanii'and_ pc:nniIUd by Laws and Rcaulalions. rishlSoof.way. penniIs and ..cr::...a.s. and shill nat ureasonabIy encumber !he PI anises widI 􀁾equipmcIIt or oilier maIIlriaIs or equipmau. CONTRICIt)R shill assume ftdJ lespoowlity for any dam· ace 10 any such land or ilia. or 10 the owner or 0CCII\lIIII tbaeof or of any acijKeat land or areas. resullillll from lite paformaace of the Wort. Should any claim be made by any such owner or .......'P""I because of the pafomwJce of !he Wort. CONTRICIOR sbaIJ promptly seale with such odter pany by nqotiatioa or otherwise resolve lhe claim by ari>itr.I. lion or oIher disylute resoIulion proceeding or at law. CON· TRACl'OR shall. to !he fullest extent pennined by Laws and RegulaUons. indannify and hold hannIess OWNER. ENG!· NEEIt ENGINEER's ConsuIWII and anyone dim:tly or indirecUylllllPlo,ed by any ofIhem from and qaiIIsC all claims. com. '-and damages arising out ofor resultins from any claim or KliDD.lqaI or equicable. brought by any such owner or .......'P"0111111iaa OWNER. ENGINEER or any other pany inclemniilcird haeunder to the extenl caused by or based upon CONTRlCIOR's pafomwJce of !he Wort. 6.17. During !he IIIIlfPe!S of the Wor¥. CON'I'RACIOR shill keep !he premiMS free from am.mtlfa!jons of _ 1IIIIet'iais. rubbish and oilier debris resultins from !he WOft. At !he c:ompjetion of lite Work CONTRAClUR shall remove all waste 1IIIIet'iais. rubbish and debris from and about !he PR' mises as well as alllOoIs. appliances. COIISInICIion equQlmenl and machinery and surpius maIIIrials. CONTRAClUR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CON'I'RACIOR shall resrore 10 ori&inaI condilion all propeny ROt designated for allCI'aIion by !he Co_ Oo!:umenlS. 6.18. CON1'RACIOR shall ROIIGad nor pennit any pan of 3IIy SIlllClUl'e to be loaded in anymarmerthal will endanger the SIIIICIUI'e. nor sltaIl CON'I'RACIOR subjecl any pan of the Wor¥ or adjacent propeny 10 Stresses or pressures thai will endanger it. 6.19. CONTRICIOR sltaIl maintain in a safe place alllte site one record copy of all Drawings. Specifications. Addenda. Wrinen AlIICIIdmenls. Chanse Orders. Wor¥ Chanse Directives. FJeld Orden and wrinen interpretations and clariiic:a· lions lissued ptIISIIIIIIt to parasraph 9.41 in Rood order and arutOWed to sbow all changes made during construcuon. These ro;ord doc:wDeats !OpIher with all appoved Samples and a COIIIII&O'PUl of aU awroved Shop Drawings will be available to ENGINEER for reference. Upon complelion oi 26 !he Wor¥. lIIese -"docnm!l!lg. Sampies and .5.bop Draw, ings will be delivered to ENGINEER for OWNEIt 6.21). CONTRACIOR shall be responsible for iniIiIIing. llllintaining and supervising all safety precaulions and pmgnms in connection with me Work. CONTRACroa shill take all necessary precaulions for the safety of. and shill provide lite necessary protec:lion 10 prevent damage. injtay.or loss to: 6.20.1. all penons on the Work ske or who may be aII'ected by the Wor¥: 6.20.2. all lite Work and maIIIrials and equipment to be illCOipor.lled lherein. whelber in .toPIC on or oIf'lIIe site: and 6.20.3. other propeny at the site or adjacem 1hereIO. including trees. shl1lbs.lawns. walks. pavemaus. roadways. stn!cwres. utilities and Underground Facilities nat desig· nated for removal. reicx:auon or replacement in lite course of COIISUUcuon. CON1'RACIOR shall comply with aU appticable Laws and ReplaIions ofany public body havingjurisdiclioa for safety of pdSOI1S or property or 10 protecllhem from dz....lII', iIQury or loss: and shall erect and maintain all necessary saftpards for such safelY and plllUlClion. CONTRAClUR shill IIOCifY 0wners of adjacenl propeny and of 􀁕􀁾􀁮􀁤Facilities and lIIiIity owners when prosecution oflite Wor¥ may dect them. and shall eoopa:ate with them in !he pm!et:IioII RIIIOVIII. n:Ioc:aIion and repial:ement of their property. AI daIaIp. injury or loss to any pmpeny referred 10 in paAIIlIIIb 6JO.l or 6.20.3 caused. directly or indirectly. in whole or ill pill. by CONTRACTOR. any Subconuactor. Supplier or any ollte"r pd$OII or organization dim:tly or indirectly anploJied by any of them 10 petform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be n:medied by CONTRACTOR (ucept b 6.25.1. 6.28. Where a Shop Dtawint or SIunpIe is rcquirea by the ConIl'aCt Doc:uments or the schedule of Shop Dtawints lIJI(j Sample llibmj..ions 􀁾by ENGINEER as required by 􀁾2.9, any reIaIed 􀁾performed prior 10 ENGl· NEER's RYiew and approval oftile penincnt sUbnuaaJ will he at the sole expense and lesponsibility of CONlRACTOR. 6.29. CONTRACroR shall carry on !he Work and adhere to the PNlPess schedule during all dispuleS or disagreements willi OWNER. No 􀁾shall be delayed or postponed pend. 'l1li resolution of any disputes or disagreements. except as permitted by parapph U.s or as OWNER and CONTRAC· lOR may otherwise agree ill writing. 6.30.1. CONTRACroR warrants and gIIlI.I3IItees to OWNER. ENGINEER and ENGINEER's Consultants tbal aU Work will be in aa:onIance willi !he Contraet DocumentS IDIi wiR not be dl!{rcliw. CONTRACTOR's warranty and auanwee hereunder excludes defects ordamage caused by: 6.30.1.1. abase, rnocIiIk:aIionorimpropermain_ or ClflClIIion by penons other tflall CONTRACTOR. Sub􀁾􀁯􀁲􀁓􀁾􀀺􀁯􀁲􀀠 6.JO.1.2. normal wear and lear under normal usage. 6.JO.2. CONTRACTOR'sobIipIionlOperformandcom_ tl1e Work in 􀁾willi the Conl.ral:t Documents shall be absoiuu:. NOlIe of the followillll will constitute an accepcanee of Work iIw is not in aa:ordance with the c-act Doc:uments or a release of CONlRACTOR's obiipIian 10 perform tile Wodt in ac:conIanl:e willi the COntr.ll<:t DocumenIS: 6.JO.2.1. observalions by ENGINEER: 6.JO.2.3. recommcncIation of any progn:ss or final payment by ENGINEER; 6.JO.2.3. the i_of a eertfficaIe of Substantial CGmpieIion or any payment by OWNER to CONTRAC· lOR under the Contraa Documents; 6.30.2.4. use or occupancy of the Work or any pan UIen:of by OWNER: 6.JO.2.5. 􀁡􀁮􀁹􀁾􀁢􀁹􀁏􀁗􀁎􀁅􀁒􀁯􀁲􀁡􀁮􀁹􀁦􀁴􀁬􀁬􀁩􀁬􀁬􀁮􀁬􀁏􀀠dolO: 6.lO.2.6. any review and approval of a Shop Drawing or SIunpIe submiaaJ or tl1e issuance of a notice 􀁯􀁦􀁾􀂷􀀠ability by ENGINEER punuanllo 􀁾14.13; 6.lO.2.7. any inspection, test or approval by 0Ihen: or 6.lO.2.8. any com:dionof􀁤􀁾􀀢􀁃􀁬􀁩􀁶.. WorkbyOWNER. J,' -prrl,,,; 6.31. To !he fullest extent pennitted by Laws and RcpIla. lions. CONTRACTOR shall indemnifY and hold hamIIess OWNER. ENGINEER. ENGINEER's Consllilams and the aiII:cn. dinictcn. employees, ascms and other _'!tants of adllDli any ofthem from and apinst all claims. COIIII, losses lIIIi damqes (including but not limited 10 all fees and dwt!es ofeIIIIinecn. an:hiUc1S. aItorneys and other profasioaals and aU coun orariritraIion or other dispuu: resolution COIISI caused by. arilIing 0111 of or resulting from the pelfoilu...ce of lIIe Wort. prowled tbal any sucll claim. COSt. loss or daI:IIa&c: (I) is aIIribuIabIe to bodily iqjury. sickness. disease or daIh. or to i1\jUry to or desuuction of tangible propmy (otber IhIuI lhe \'IIxIt itself). including the loss of use RSUlling d .... dlClUI. and (if) is <3IISed in whole or in part by any MII_ act or omission ofCONTRACTOR. any SubcontracUll'. anySupplier. :lilY person or orpnization directly or indirectly empioyed by any of them 10 petfonn or filmish any of the Work or anyane forwhose adS any of!hem may be liable. reganII&q ofwllcdler ornot caused in part by any neglip;nce or omissioa ofa person arllllity indcmniIied hereunder or wIIeIher liIbiJity is imposed uptIII such indcmniIied party by Laws and R........reprd. lea oldie nqIigence of any sucb penon or endly. 6.l2.. In any and all claims apillSl OWNER or ENGl. NEER or any oftheir respective consullants. aptU.. oIIicen. diRaors or employees by any employee (or the survivor or personal represetI1lIIive of sucll employeel ofCONTll.ACIOR. lilY Subconmlccor. any SupPlier. any person or Oii!illliWion, dftcfIy or indirectly employed by any of them 10 􀁾or furnish any of!he Work. or anyane for whose _mY of them may be liable. the indcmni.fication obligation under piragnph' 6.31 shall not be limited in any way by any limiwion on the ::_m or type of cIa.!nqcs. compensation or benefits payable , by or for CONTRAClOR or any such SubconIractor. Supplier , or OIlIer person or orpnization under WOlters•,compensation acts. disability benefitaclS or oilier employee bene/it adS. 6.33. The indemnification obligations of CONTRACTOR IIIIder PIIfII8IllPh 6.31 shall nOI extend 10 the liability p(ENGI, NEER and ENGlNEER's Consultants. officers. directors),' employees or agents caused by lIIe pmfcmonal nqIip:m:e. ' emn or omissions of any of them. 6.34. All represenWions. indeami1icaIions. 1QmIIIIies and 􀁾made in. required by or given in accordInI:e with ] "'•,1 1 "1 ,􀁾􀀠"1 .! 􀁾􀀠1 1 .J '1 , 􀁾􀀠"J ] ._, 'J, e],-􀁾􀀠j 􀁾􀀠" ,11 􀁾􀀠! .i ] ] 􀀮􀁾􀀭􀀧􀁾􀀠: 􀁾, ! ! 􀁾􀀭􀁾􀀠, 1 , j tile CoIlUllCl [Inn!!""'lll. as well as all _1iauiAg oIltipIions Cw .. 'm" • indil:ared in tile COIUI1JO:I: [Inn!!""'lll. will suMve _ II"Ymau. comp/eIion and aa:epcance of!he Work and tcnnillllioll or completion of the AplemenL ARTICLE i---OTHER WORK 7.1. OWNER may per{onn olhcr work relaU!d (0 the Pnljcc:t at the site by OWNER"s own forces. or leI other direct contraCtS then:ior wIIich shall contain General Condi· IioIIs similar (0 these. or have other work performed by ublity owners. If the IiIct that such olhcr work is 10 be performed was nol notlll in the COntr.li:t Documents. then: (i) wrilten nocice IlIcreof will be siven 10 CONI'RAC1UR prior 10 slaltins any such other work. and (ii) CONTRAC· IDR may make a claim Ihemor as provided in Anicles II and 12 if CONTRAC1UR believes loat such periormance will involve additional expense 10 CONTRACTOR or re· quires addilionaltimc and die parties are unable 10 agree as 10 lite amount or extent tllereof. 7.2. CONTRACTOR shall afford each other con_ who is a party to such a direct COIIU'II:t and each utility owner (and OWNER. if OWNER is per{ormins the addi· tionaI work with OWNER's employees) proper and safe _ to the site and a reasonable opptII'tUIIity for· tile iIIUOduclion and SIOl'llC of materials and equipment and die ueculion ofsuch odIer work and shall properly COIUICCI and coordinate the Work widl theirs. Unleu oIbetwise provided ia the ConIl'lCl Documents. CONTRACTOR shall do all atUing, "ttins and patching of the Work !hat may be required to make its several pans come to!!Clher prvperly and inle· grate wilh such Olher work. CONTRAClUR ,hall nol en· dlnser any weli< of others by cutlml. excavating or olher· wise a1terins their work and will only cut or alter their woli< with tile wlinen consent of ENGINEER and the others wIIose work will be affctted. The duties and responsibilities ofCONTRACTOR under Ihis JIIII'lIII'8IIh are for the benefit of SIICb utility owners and olhcr contraC1OrS to the Ulent that dIen: are comparable provisions for the benefil of CONTRACTOR in said direct contraCtS between OWNER and ·1 such ulility owners and other contraclors. I • 7.3. If tile proper execution or results of any pan of CONTRACTOR's Work depends upon work performed by ochers under this Anicic 7. CONTRACTOR shall inspect such IldIer work and prompdy n:port 10 ENGINEER in writins any delays. defects or deficiencies in such other work that render il unavaiJable or unsuitable for the proper execution and results of CONTRACTOR's 'llbrk. CONTRACTOR's failure so 10 repon will constirute an acceptance of such other work as 01 and properforinlep'alion widl CONTRACTOR's Workexcep! f..!ale1U or IIOIIIIppIIreIII defects and delicienl:ies in such other -x. 7.4. IfOWNER CIlIIlI'8CIS with otIIers f..dlepetfOlIlIilKlC ofOCher work on die Project III tile site. die foIIowiaa will be SCI fanh in SupplemmtaI'Y Conditions: 7.4.1. the person. firm or COI'pOIa\ion who will have authorilyand responsibllily for coontinaDon ofdle activilies a8XIllhe various prime conuactors will be idailificd: 7.4.2. the specific matters 10 be covered by such authoriIy and n:sponsibi6ly will be itemized: and _ 7.4.3. the Glenl of such authority and .wponsibiIiIies will be prvvidcd. Unless olhcrwise provided in the SUpplejikill"Y C0nditions. OWNER shall have sole auIIIority and IapllllSibilily in I1iSIII'Ct of such coordination. ARTICLE &-OWNER'S RESPONSIBILmES 8.1. EXCCJII as otherwise provided in dIese General Condi· tions. OWNER shall issue all communicatioas 10 CONTRAC· IDR Ihrvugh ENGINEER. S.2.. In case of termination of the cnqlioyue"t of ENGINEER. OWNER shall appoinl an enaiaa=t IIIIiDsC wbom CONTRACroR makes no reasonahIe objecIioa.. whose _ IIIIder lhe Contract Documents shall be tIIIIt of die fonner ENGINEER. 8.3. OWNER shall furnish die cilia t I' cd of OWNER IIIIder !he c-DocumenIlI prompdy adllllllllllb ..y11IIIIIIS 10 CONTRICIOR prompdy wIleD ..,. are due as provided in fIIII'IIIlIPbs 14.4 and 14.11. 8.4. OWNER's dulies in respect of providina lands and _tsand providing engjneering surveys 10 establisll ref· enmce I'Qintsare selfonh in paI1IgI1II)hs4.1 and04."-1'araIIIIPh 4.2 n=fers to OWNER's identifying and .... aYllillble 10 CONTRACTOR copies of n:porIS ofe>.pioraIiGas and lests of subIurface coadiIions III the sire and chew. of pI\Y1fcaI conditions in 􀁥􀁾struc:tun:S III or cuntipauilO!he siIe that have been utilized by ENGINEER in prcplriai!he CoDIrar:t Documents. . S.5. OWNER's responsibtlitie5 in n::spect of pun:hasIng and mainwning liability and property i_areSCI fardI in puqraphs 5.5 tJuough 5.10. . 8.6. OWNER is obligated 10 execute <::haIIF Orders as indica!ed in pa,mgraph 10.4. 8,7. OWNER's responsibililY in re:specI ofcenain 􀁩􀁾􀁰􀁥􀁣􀀮􀀠lions. tnts and apprvvals is SCI forth in pInIIlIIIlIIIJ.<4. 8.S. In connccIion with OWNER's riIbIlo stop Work or suspend Work. see JI8I3RI'IPhs 11.10 lUIiII5.1. 􀁾15.2 deals with OWNER's ri&ht IOtenIIiIItdi scrvir:cs of CON· TRACIUR under CCI"IIin cin:um.sIances. 1 8.9. The OWNER shall IIOl s"""""se. din:ct or have obsemuions of CONTRACTOR's Worl( ENGINEER wiiI DOt comroI or amIIority over. nor be responsible for. CONTRAC· lOR's means. medlods. lechaiq_, seqIIeIICCS or 􀁾􀀠01consuuClion ortlle safety pn:caulions and PfUIJ3I\IS incidenl !hereto. or for 1liiY failure ofCONTRACIOR 10 comply widl Laws IIIId Regulalions applicable 10 Ihe fumislling or per(or· I1IIIIICe of die Worl(. OWNER will nol be responsible for CONTRACroR's failure 10 perfonn or furnish Ihe Work in 􀁾widl die Contrat:1 Documents. S.IO. OWNER'S responsibility in resj)eC1 of undisclosed Asbestos. PCBs. 􀁬􀀧􀁉􀁉􀁴􀁮􀀺􀁬􀁴􀁥􀁵􀁭􀁾􀁈􀁡􀁺􀁡􀁮􀁪􀁯􀁵􀁳􀀠WasIe or Radioactive MareriaIs uno:overcd or revealed 31 lhe sire is sel forlh in pamgmph 4.5. 8.11. If and to !he 􀁥􀁾􀁲􀁥􀁮􀁬􀀠OWNER has agreed 10 furnish CONTRACroR reasonable evidcn<:c IIIat fiIIanciaI artlIIlFments have been made 10 satisfy OWNER's obiigalions under !he Conlract Documents. OWNER's responsibility in respco:! !hereof will be as sel fordl in lhe Supplementary Condilions. ARTICLE 9-ENGINEER'S STATUS DURING CONsrRUcnON 9.1. ENGINEER will be OWNER's represenlalive during !he consllUClion period. The duties and responsibilities and !he limiwions of audlorilY of ENGINEER as OWNER's repR' sealllive during consuuCIion arc set forth in the COIlUllCl Doc:umems and shall not be e.rended withoul written consenl 01 OWN ER and ENGINEER. ViIiIr fD SIIiI: 9.2. ENGINEER wiD make visilS 10 the Site at inlervals appropriaIe to the various stageS of consllUClion as ENGl· NEER deems necessary in order to observe as an 􀁥􀁾􀁰􀁥􀁲􀁩􀁥􀁮􀁣􀁥􀁤􀀠and qualified design professional the PlOIICSS thai has been !IIIde and the quality of the various aspectS of CONTRAC· lOR's eoeculed Work. Based on infonnalion obtained during sl1i'li visilS and observabons. ENGINEER WIll endeavor for !he beneiit or OWNER 10 derermine, in general.•ftlle Worl( is proceeding in accordance wilh lhe Contrat:t Documenls. EN· GINEER WIll not be required to make eohaustive or continuo OIlS on-site site inspections to cheek the quality or quantity of the \\\Int. ENGINEER's elfons will be dirccled toward providing for OWNER a greater degree of confidence thai the completed \\\Int wiD conform generally to the Contrat:t Documents, On !he basis ofsuch visilS and on-sitc observauons. ENGINEER will keep OWNER informed of tile progress of the \\\Int and will endeavor to JIIIIIld OWNER against 􀁤􀁤􀁬􀀡􀁃􀁬􀁩􀁶􀁾􀀠Work. EN· GINEER's visi" and on-site observalions are subjeclto all the limi1ations on ENGINEER's authority and responsibility set fonh in paragraph 9.13. and paniculariy. but withoullimiwion. during or as a resull of ENGINEER's on-sire visits Or s"""""sa. direcl. control or have authority 0_or be fCIIIIID" sible for CONTRACIUR's means.. mel.hods. lel:hnicprs se'J quences or procedures of conslnlClion. or the saliIly pnau, tions and PfIlIIIlIIIIS in<;idenl thereto. or for any failure of e CONTRACI'OR 10 comply with Laws and ReguIaIioas awJl'1 cable 10 !he furnishing or performance of the Worl(. j 􀀮􀁾􀁾, j 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Residenl Projccl Represeneative to assist ENGl· "lNEER in pro'iiding more continuous oburvation of tile Work. ]The rcsponsibHilies and aulhorilY and limieations !hereon of any such Residenl Project Represeneative and assiSlallll will be as provided in panI8I'aIlh 9.13 and in the SUPJ. -MY 1 Conditions. If OWNER desi!!JIIIICS another ,.",CWIIIiIMI or J acent 10 repn:setlt OWNER at !he site who is no( ENGl· NEER's Consultant. agent or employee. Ihe teSj)Oiiiii nje. and authority and limilations thCROll ofsuch otber pasm wiD ]be as provided in the Supplementary Condilions. 􀁾􀀬􀀠, .. i 9.4. ENGINEER will issue with reasonable Pi I DI055 SllCIl written clarifiCations or interpreeations of the require. 'j ments of the ContraCt Documents (in the fonn of Dr.o.winp or ",11 OIberwisel as ENGINEER may determine neccssuy. "wIIic:Il shall be consistent wid! tile inlent of and reasonably ...... 􀀢􀁾􀀠from Contract Documents. Such written clarilit:a1iuai aad aad 􀁾􀀠••il intcrpn:Wions will he bindilll on OWNER and CONTI.AC. •lOR. If OWNER or CONTRAC'roR believes _ a wriIraI c:IarificaIion or inle:rprellllion jU!llifies an adj_ ill die Contract Price or tile COItIl'lll:l nmes and Ihe panics _ UIIIbIe 10 agree 10 die amount or Utent tllereof. if 1liiY. OWNER or CONTRACIOR may make a written claim dlereior as pnIvided in Article II or Anicle 12. 9.S. ENGINEER may aulhoriz.e minor varWioal !n die \\\Int from !he requirements of the Contrat:t DocumeIIIs Wbi::h • , do not inYOlve l1li adjustmenl in !he Contrat:1 Price or !he Contrat:t T_ and are compalible with the design 􀁾of . die compleled Project as a functioning whole as it'!; H by the Contract Doc;uments. 'These maV be accompiillbed by a Field Order and will he binding 􀁯􀁾􀀠OWNER IlIIll aha on CONTRACIOR who shall perfonn the Worl( involved PlompOy. If OWNER or CONTRACroR believes lhal a FJeld Order justifies an adjustment in the Contracl Price or the CtlnInct Tllllcs and the panics are unable 10 agree as to lhe _ oril 􀁥􀁾􀁬􀁥􀁮􀁬􀀠thereof. OWNER or CONTRACTOR may mIIce a "", wrillell claim therefor as provided in Anicle I I or 12. /Uj«1iIrf lhfmlWl Wort: ( 9.6. ENGINEER will have authority 10 .......uYC or reject Worl( which ENGINEER believes (0 be tiq«tM. or : I ,30 . j thU ENGINEER believes will not produce acompleted Project thUconfonns 10 the ConIracI Documents or that will prejudice the imqrity 0(the desipl COIICCjlI 0(the completed Pmje<:t as a funcIioning whole as indic:ated by the Contract Document•. ENGINEER WIll also have authority to require special inspeclion or testing 0( the Wad< as provided in parasraph 13.9. whetI!er or not the Wad< is fabricated. iftSlalled or completed. 9.7. In connec!ion with ENGlNEER's authority as to Shop Drawings anorWioa and maintc-.of aU 1IIIleI'ials. supplies. equipmeaI.. 1IlIChinery, lllJPliances. oIIIec and tanpoI8I Yfao::iIiticI al the site and bind tools nat owned by die wortcn. wIIIch are con-.cd in !be peI(ollunce of the Wort, and cmt less IIIIrkct V1Ilue ofsuch ilems used but _ c:onsumcd which remain the propeny of CONTRACroR. 1I.4.S.3. RcnIaIs of all consuuctian cquipolClit and IIIIdIincry and die parts !hereof wIiClbeI' renIid from CONTR.ACIORorodiCrs in accon!anc:e with l'iliiii......,. IIIIII\IS appIVVeIi by OWNER with the adWice of Bt;fGI• NEIlR.. and the COStS of ln1IISpOrtaIion.loIiidina. IIftio!'d.... installation. diSlllllllllin!! and I tsllOYlllIImof--all in accordaII<::e with lhe IC'I1IIS of said remill qlcemellts. 'The "",raJ of any such equipment. mac:hinerr or pans sIIaIl cc:xse when !he use then:of is no lonser necessary for the \!IorIt. 11.4.S.4. Sales. consumer. use or simillr lUes rdaIed to the Wart. and for wIIich CONTlVCJOR is liable. imposed by Laws and ReplaIions. . ,,; 11.4.5.5. Deposits lost for causes other than nqli. pnce of CONTlVCJOR. any Subc:onulctor or anyone dint:tly or indireclly employed by'aIY of tberit or for whose acts ally of them may be liable, and royalty paynnts and fees for permi!s and liceaIes. 33 11.4..5.6. '--and dam 8 land n:ioIed eX1'CftSOS1 c:aused by damIie to the WorX. not cw.....1SI1Ied by i_or otIIerwisc. sustained by CONIRAC'IOR in COIIIIedion with the petfcnnance and lllmishing of the Work (except losses and dan1aps within the dedudible aIIIOUiItS ofproperty iMUGIIICC cstabiished by OWNER in aIlIlIlI'dance with paragrapIt 5.9). provided they have reo suited from CIIIIICS other than the 􀁾of CON· TRACrOR. any Subcomraclor. or anyone dil'KllY or 􀁾􀁤􀁹employed by any ofthem or for wbose acts any of them may be liable. Such losses shall include setde· _ made with the written consctII and approval of OWNER. No sucllloSsa. claP· 8 sand exl'CftSOS shall he included in the Cost of the Work for the purpose of ddelUwting CONTRACIOR's fee. If, 􀁾􀁶􀁥􀁲􀀮any such loA or damIie requires I1!COIISIl1ICIi and CONTRAC· 10R is placed in c:lIarge thereof, CONIRAC'IOR shall he paid for services a f.:e prnpcxtio;we 10 tbat srated in PIflIIII'3P/I I1.6.2. 11.4.5.7. The cost of utililies. fuel and sanitary fscili· tiell at the site, 11,4.5,8. Minor expenses such as telclr'ams, long dis· WICe telephone calls. teIepbone service at the site, ex· JRSS8&C and similar petly cash ilems in connection with the Worlt. 11.4..5.9. Cost of premiums for additional Bonds and insunIIIc:c required because of cl1ange$ in the Wort, 11..5. The tmn Cost of the Worlt shall not include any of the following: 11..5.1. Payroll COSts and other compensation of CON. TRACrOR's ofticers, execulives. principals (of pannership IIIId sole proprietorships), general managers, engineers. ar· chitects. 􀀢􀀢􀀻􀀢􀀮􀀧􀁏􀁲􀁳􀁾􀀠attorneys. auditors. accountants. pur.. chasillg and comrac:Iing qcnts. expediters. timekeepers, clerts and other personnel employed by CONIRAC'IOR whether at the site or in CONIRAC'IOR's pnnClpal or a Innc:II office for general adminismuion of the Work and not speciIicaIly included in lhe asreed upon schedule of job classificaIions referred 10 in paragrl!)h 11,4.1 or specilically covered by par.I(!t'lIPb 11.4,4-al1 of which arc to to he consid· ered administtalive costs covered by the CONTRACTOR's fee, 11..5,2, ExpellSl:S of CONTRACTOR's principal and Innc:II offices other than CONTRACTOR's office at the site, 11..5.3, Any part of CONTRACTOR's capllaJ e.penses, including inten:st on CONTRACTOR's tal'ital employed for the Work and charges apinst CONTRACIUR for deiinqueIIt payments, 11..5.4. Cost of premiums for all Bonds and for ail 􀁩􀁾whether or IlOl CONIRAC'IOR is required by the c-n.:1 Documents 10 purchase and mainlllin the same (except for the cost of premiums covered by 􀁳􀁵􀁾􀀠I1,4,$,9 lIiloYel, 11.5.5. Costs due 10 the nqligencc ofCONI1U\C· TOR. any Subc:olll/1lClor. or anyone directly or indirecIIy employed by any of them or for whose acrs any ofthem may be liable. including but nOllimited to. the correction of 􀁤􀁾􀁦􀀯􀁉􀁃􀁬􀁩􀁶􀁾􀀠Work. disposal of IIIl1tedals or equipment wrongly supplied and making good any damage 10 propeny. OCheroverhead orgeneral expense costs ofany kind and the COSIS ofany item nol specifically and expn:ssly inc:Juded in parngraph I 1.4. ' , 11.6. The CONTRACIOR's fee allowed 10 CONTRAC· TOR for overhead and profit shall be delermined as follows: 11.6.1. a muwally aa;eptable fixed fee; or 1J,6,2. if a fixed fee is nOl agreed upon. thaiII fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for COSts incutrectbead and profit for eadI sepe.-yidenlificd item. 11.9.3. OWNER or CONTRACIOR may mala: a claim for an adjustment in the Contr.ll:t Price in aa:onIance with Anic:Ie II if: 11.9.3.1. rbe quantity of any item of Unit Pric. Work performed by CON'l:1!AC1UR differs IlUlleliaJly and siB' nificoIlIly from the .stimaled quanUty of such item indio cated in tbe Agreement: and 11.9.3.2. tben: is no corresl'Onding adjusttnent with respeet to any other item cl Wbrk: aDd(; 11.9.3.3. ifCONTRACTOR believes !hal CON'l:1!AC· TOR is entitled 10 an inc::n:ase in ConIraCt Price as. result ARTICLE I2-CHANGE OF CONTRACT nMES 12.1. The Contl3d Times (or Milestones) nay.only be dta.nsed by a Cbanae Order or a Written Arne Id 1M .. Any I claim for an adjustment of the ConIraCt T_(or'. I.S) \ shall be based on writIen nolice ddiveml by ilia 􀁾IIIIkiIlI the claim 10 tbe other pany and to ENGINEER ..wapdy (!lui in no event later than dlirIY days) after the ac:&:IIIl'CIa 􀁾lite emit livilll rise to ilia claim and SWing the sr:acnI iIIDn 􀁾􀀠the claim. Nodce of the extent clllla claim witII ........1iDa data shall be delivered within sixty days after suclI_ (WIless ENGINEER allows an addilional period 􀁾time \0 ascenain more accurate data in so""",", ofthea.a..1tIId sbaII be aa:aml'8llied by .he claimant's writIen srnt_ dill the adjuslment claimed is the entin: adjusunem to.wIIicb the d'imaN bas _ to believe it is entided lI$.a.NI!Iit cl the __ of said event. All claims for aIij> • in lite Comrat:t T_(or Milestones) shall bedetumiaed by ENGINEER in accordance with paragrap/I 9.11 if OWNER ItIId CONTRACTOR cannot otherwise apee. No cIIim Cor III adjustment in the Contract nmes (or Milestones). be YIId if naI submitted in aceordance with ilia n:quiI , I' 􀁾lids paragrap/I 12.1. III AU time limits Staled in the Contrll:t DOIICI_Ia'Ia'. l1li 01 the essence clthe Alleen""i!. -#,.. ..,. ···.w_· IU. Whene CONTRACTOR is prevented_ c:amt*I. ia8 any pan of the Work wiIhin the C-.:t 'hales tor Milestones) due to delay beyond die I:OIIIRII 􀁾mNTIVC· IDR. theContr.ll:t Tunes tor Milestones/will be"""'"inan amounI equal to !be time lost due 10 such delay if. cIIim is !IIiIde tberoior as provided in paragrapIIl2.1. DIIIQa be7'OIId the I:OIIIRII ofCONTRACTOR shall include. but II1II be limited IO.BCIS ornegtee! by OWNER. acts or 􀁮􀁯􀀸􀁩􀁥􀁣􀁴􀁾􀁾􀁯􀁷􀁮􀁃􀁲􀁳􀀠oro!herCOntr.ll:torsperfonningotberwtrtas.. 1"'te4byt Article 7. fires. floods.. epidemics. al:IoornJ db . "" c:oaGitioas or acts of God. Delays attributable to ItIId wiIhin the 􀁾of a Subc:omrllaor or St.q)piicr sbaII be ...... to be delays within tbe control ofCONTRACTOR. . 12.4. Where CONTRACTOR is prevenled ftIa -.pIet. iog any pan of the Wbrk wiIhin the C-.:t TImes (or Milestones) due to delay beyond the control 􀁾􀁢􀁥􀁤􀁉OWNER and CONTRACTOR. an CJltenSion cl the C-.:t TIIIICI.(or MileslOnesl in an amount equal 10 the time IoIr due to siidt delay shall be CONTRAC'TOR's sole and exduIM nmedy ((or such delay. In no event shall OWNER be liIIIIe to CON'l1tI£. IDR. any SUbcontractor. any 􀁓􀁾􀀮any other paD! or otpIIizaIion. or to any surety for ore"Mee or fIIIIIt IJI any ollhem. for damages arisinc out clor resuIdIII en.(i) delays caused by or wid!itI the 􀁾cl CO!'n'lVC1Ol. or (i) 3.'1 delays beyond the control of both panies including bUI not limiled 10 fires. /loads. epidemics. abnormal weather conditions. acts of God or acts or nepeel by utility owners or other conlnletors performing other wor!< as contemplated by Article 7. ARTICLE I3-TESTS AND INSPEcrJONS: CORREcrJON. REMOVAL OR ACCEPTANCE OF DEFEC11VE WORK 13.1. 􀁎􀁏􀁬􀁩􀁣􀁾􀀠of 􀁄􀁾􀁦􀁾􀁃􀀱􀁓􀀺􀀠Prompt notice of all 􀁤􀁾􀁦􀁾􀁣􀁬􀁩􀁶􀁲􀀠Work of which OWNER or ENGINEER have actual knowledge will be pyen to CONTRAcroR. All 􀁤􀁾􀁦􀁾􀁣􀁬􀁩􀁶􀁾􀀠Work may be rejected. conected or accepted as provided in this Article 13. 13.2. OWNER. ENGINEER. ENGINEER's ConsullaDlS. other representatives and personnel of OWNER. independent testing labonIIories and governmental agencies with jurisdictional intereslS will have access to the Work at reasonable times for their obsemWon. inspecting and testing. CONTRAcroR shall provide them proper and safe conditions for such access and advise them of CONTRACI'OR's site safety procedures and programs so that they may comply therewith as applicable. 13.3. COI'ITRACIUR shall give ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. and shall couper.te with inspection and testing penonneito facililale required inspections or tests. 13.4. OWNER shall employ and pay fOrlhe services ofan independenlteslillllaboralory to perform all inspections. tests. or approvals required by the Conuact Documents except: 13.4.1. for inspections. teslS or approyals covered by pmapaph 13.5 below: 13.4.2. thal COSIS incun= in connection with teslS or inspections conducted pursuant to paragrnph 13.9 below shall be paid as provided in said paragrnph 13.9: and 13.4.3. as otherwise specifically provided in the COl>Inlet Documents. 13.5. If Laws or Regulalions of any public body having jurisdiclion require any WorIt (or pan thereat) specifically to be inspected. tested or approved by an employee or other repre. senlSliye of such public body. CONTRACI'OR shall assume fuU responsibility for arranging arranging and obtaining such inspections. ICIIS or approyals. pay all COSIS in connectiDn therewith. and furnish ENGINEER the required ccnificatcs of inspection. or 1 japproval. CONTRACIOR shall also be responsible for ananging and obtaining and shall pay all costs in connection with any inspections. teslS or approyals required for OWNER's and ( 􀁅􀁎􀁇􀁉􀁎􀁅􀁅􀁒􀁾􀁳􀀠accepmnce of matcriaIs or equipmeni 10 be incolJlOlllled in the War!<. or of matcrials. mix dcsipIs. or equipment submiUed for approyal prior to CONTRAcroR's pun:hase thereof for incorporation in the War!<. ] 13.6. If any War!< (or the wor!< of others) that is 10 be inspecled. tested or approved is covered by COJlITRACTOR without wriuen concurrence of ENGINEER. it 1Uust. if re] quested by ENGINEER. be uncovered for observation. 13.7. Uncovering War!< as provided in pamgrapb 13.6 shall be al COl'ITRAcroR's expense unless CONTRAcroR has given ENGINEER timely notice of CONTRACIOR's intention to coyer the same and ENGINEER has nOI aCICd with reasonable promptness in response to such nolice. ] 1-, 13.8. If anY War!< is covered contrary to the wrinen request of ENGINEER. " must. If requested by ENGINEER. be uncovered for ENGINEER"s observation and replaced at ]CONTRACIUR's expense. 13.9. If ENGIN EER considers it necessary or adyisable that covered Wor!< be observed by ENGINEER or inspected or tested by others. CONTRAcroR. al ENGINEER's request. shall uncover. expose or otherwise make available for () observation. inspection or testing as ENGINEER may require. thal pornon of the WorIt in question. furnishing all necessary labor. malerial and equipment. If it is found thal such Work is 􀁴􀁕􀁦􀂫􀁬􀁩􀁶􀁾􀀮􀀠CONTRAcroR shall pay all claims. COSIS. losses 􀀭􀁾􀀠and damages caused by. arising oul of or resuitillll from such .. 1 IUICOYering. exposure. observalion. inspection and IeSIing and .. ofIalisfactory replacemenl or reconstruction (includina but not limited 10 all costs of reI"Iir or !'elllacement of work of othersl: and OWNER shall be enulled 10 an appropriate decrease in the COnU3Ct Price. and. if the parnes are unable to agree as to the amount thereof. may make a claim therefor as provided in . Article II. If. however. such War!< is not found to be 􀁤􀁾􀁦􀂫􀁬􀁩􀁶􀁲􀀮􀀠CONTRACI'OR shall be allowed an increase in the (:anuact, Price or an extension of the ConU3Ct Times tor MileslOnesl. or : both. directly aunbutable to such uncovering. exposure. 01>servalion. inspecuon. {csting. repiacement and reconsui.lction: and. if the pantes are unable to agree as to the amounl or extent thereof. COI'ITRACI'OR may make a claim the.efor as proyided in Articles II and IZ. . OWNER Mil'! Stop 1M Wtri: 13.10. If the Wor!< is dtrtclIvt. or CONTRACTOR fails to supply sufficient skilled wor!h Il.II, or jf CONTRACTOR fails 10 perform Iho Work in accot...... willi the CoIwact Documents. or if CONTRACIDR fails to compjy willi any other prtlVlsion of the ConlrliCl 􀁾OWNER may, alter seven days wrineo notice to CONT'RACIOR. COl'l'l:Ct and remedy any such delieiency. In eun:ising Ihe riI!hts and remedies under Ihis paragraph OWNER shall pn>ceed expeditiously. In connection with sucII c:ornIetive and remedial action. OWNER may exclude CONTRACTOR from aIIorpan ofthe sile. take possessionofall orpattofthe Wortc. and suspend CONTRACTOR's $CMces related !hemo. lake possession of CONTRACTOR', loois, appIja_ COIISInIClion equipmenl and machinery al die site and i",::iItjJOllile in the Work all materials and equipmCIIl slORd at die sil.eorfor which OWNER bas paid CONTRACIOR bill ..... are SIOR:d elsewbete. CONTRACTOR shall allow OWNER. OWNER's 􀁾􀁶􀁥􀁳􀀮aguws and employees. OWNER', 04het COfto 􀁾and ENGINEER and ENGINEER's C-dtllftlS access 10 die site 10 enable OWNER 10 exen:ise the ria/t1S and "",lIIdies under this fXIIII8I'IIIh. All claims. -.losses and damages incurred or sustained by OWNER in excn:isilllt'such ril!hlS and remedies will be cbaqed apiIIst CONTRACTOR and a Chan", Onfer will be issued incor"",atiugthe ne<:cs$II'Y revisions in Ih. Contracl Documents wilh I'flSIIClCIIO the Work: and OWNER shall be enlided 10 an """,,,,,,iatc decrease in the Contnu:t Price. and. if lhe panics are unable 10 iIree as 10 the amount thereof. OWNER may make a cIIiIII thaefor as provided in Article 11. Such claims. COSIlI. il:IIIscSand clama&=s will illClude bill not be limited 10 all COSIS of...or replacement of work cl others desllOycd or did' C 'I!Y cornctiOn. removal or replaccmcnl of CONTRACl'OR's dI/tCtivt Wortc. CONTRACTOR shall 001 be allowed an CXIeIISion of lhe Contracl limes (or Milestones; because:9f any delay in the per(onnanceofthe Work attributable 10theexen:isebyOWNER of OWNER's ril!h1S and remedies hereunder. ARnCLE 14-PAYMENTS TO CONTRACIOR AND•. COMPLETION 􀁾􀀮􀀧􀀠1 •• 1. The scllcdule of values established as provided in 􀁾2.9 will serv. as IIIe basis for piOPI:SS payments and 37 will be ineorporared inlO a form of Applicalion for Payment acceptable 10 ENGINEER. Prcglt:SS payments on aQ:OUIIl of Unit Price Work will be based on the number of units c0mpleted. 14.2. At leastlwenty 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 tilled OUI and signed by CONTRACTOR coverinilihe Work completed as ofthe date of the Application and accompanied by such supporting documentation as is required by Ihe Contract Documents. If payment is requested on the basis of malerials and equipment IlOl incorporated in the Work but delivered and suitably srored at the site or al aoother location agreed to in writing. the Application for Payment shall also be accompanied by a bill of sale. invoice or other documellllltion warranting that OWN ER has received the materials and equipment free and clear of all Liens and evidence that the materials and equIpment are covered 􀁢􀁾􀀠appropriate appropriate property Insurance andotherammgemem. to protect OWNER's interest therem. 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'IIl...uaq ofTiIk: 14.3. CONTRACTOR warrants and guaranI_that title to all Work. materials and equipment covered by any Application for Payment. whether incorporated in the l'rQject or not. will pISS to OWNER no later than the time of payment free and c.Iar of all Uens. 14.4. ENGINEER will. within ten days after rece!pt of each ApplM:aIion for Paymem. either indicate in writin& a recommendation of payment and present the Application 10 OWNER. or return the AppJic:ation to CONTRACTOR indio cating in writin& ENGINEER's reasons forretilsing to recom· mend payment. In the laner ease. CONTRACTOR may make the necessary correcrions and resubmit the Application. ren days after presenWion of the Appiic:ation for Payment to OWNER with ENGINEER's recommendation. the amount recommended will (subject 10 the provisions of the IlIS1 sen· tence of pangnlphl4. 71 become due and when due will be pald by OWNER to CONTRACTOR. 14.5. ENGINEER's rec:ommendation of any payment re· quested in an Applic:ation for Payment will ConstItute a rep",' sentationby ENGINEER 10 OWNER. based on ENGINEER's OfIosile observauons of the execuled Work as an expenenccd and qualiJied design professioual and on ENGINEER' s ",VIew of the Applicalion for Payment and the accompanying data and scl!edules. tlIat to the best of ENGINEER's knowledge. infor· malIon and belief: 14.5.1. the Work has progressed to the point incIicaIed. 14.5.2. the quality of the Work is generally in accor· dance wilh the Contract Documents (subject ro an ewluWon of the Work as a functioning whole prior 10 or upon Substantial Completion, to the results of any subsequent tests called for in the Contracl Documents. to a final determination of quannties and classifications for Unit Price Work under par.:' "'1ph 9.10. and to any OIlIer qualificalions stated in the r -"ommendaliOnl. and 14.5.3. the conditions precedent 10 CONTRlCI'OR's bein& entided to such paymenl appear 10 have been ftdfilIed in so far as it is ENGlNEER's r ••",.,M.liIy ro observe the Work. However. by recommending any such payment ENGINEER will not thereby he deemed to have represented tlIat: (i) exhaustive or continuous on-sito inspections have been made to check the quality or the quantity of tho Work beyond the responsibilities specifically assigned to ENGINEER in the ContraCt Documents or Iii) that the", may not be OIlIer matters or issues between the panies that mil!ht entitle CONI'RAC· TOR to be paid additionallv bv OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment. induding final payment. shall not mean that ENGINEER is nosponsible forCONTRACTOR's means. methods.u:cluliques. sequences or procedure. of constnlction. or the safety JHCC3Ulions and pmgnuns incident thereto, or for any fiIiIure of CONTRACTOR to compiy with laws and and R"IP""'ions applicable to the fumishin& or performance of Wort. or for any wlure of CONTRACTOR to perform or furnish Wont in accordance wilh the Contract Documents. 14.7. ENGINEER may refuse to recommcmd the whole or any patlofany payment if. in ENGINEER·sopinioa. il woule;! be incorrect to maJce the repm;entations 10 OWNER Iefelled to in parqraph 14.5. ENGINEER may also refi.ae to recommend anv such payment. or. because of subsequomly discovered evidence or the results of subsequent Inspections or tests. nullify any such payment p",v.ously recommended. to such extent as may be necessary in ENGINEER's opinion 10' protect OWNER from loss bec:ause: 14.7.1. lhe Work is dei.cliv•. or compleled Work has' been datnaged requiring correction or repiac:emelll. 14.7.2. the Contract Pricc has been reduced by Writ-' ten Amendment or Change Order. 14.7.3. OWNER has been required to CGI'm:I defective Work or complete Work In accordance with II8/lIIII3Ph 13.14. Or 14.7.4. ENGINEER has actual knowledse oflhe aci,' currence of anv of the eVents enumerated in II8/lIIII3Phs 15.2.1 throul!h 15.2.4 ,nclUSlve. OWNER may refuse to make paymont of the full aJriOI'nt recommended by ENGINEER bec:ause: ' : . 14.7.S. claims have been made against OWNER on _ntof CONTRAcroRs performance or furnishilll of the Work. 'j• €, ;] ] ] ] ] . 􀁾􀀠j 14.1.6. Liens have been filed in COI.IeCtioI. willi !he ENGINEER in wrilill!l prior to ENGINEER's issuilltl the • 'MIrk. except wIleR CONTRAC'lUR has de6......a a spccific Bond satjsfactory '0 OWNER 10 secure the saIisfacdon and cIiscIIarae ofsuch Uens. 14.1.7. there arc odler items enodin!! OWNER 10 a sct4apinst lb. amount recommended. or 14.1.8. OWNER has aaual knowied!le of the oa:urrenee of any of !he events enumerated ill paraaraphs 14.1.1 through 14.7.3 orJ"ll28lll.PM 􀁉􀁓􀀮􀁾􀀮􀀱􀀱􀁨􀁲􀁯􀁵􀁧􀁨􀀠15.2.4 illCluslve; but OWNER mtISl live CONTRACTOR immcdiale written noIice (with a <:OIlY to ENGINEER) swing the reasoIIS for sucII action and prompdy pay CONTRACTOR !he _ so withheld. or any lIIijustmenr:1hereIO...-to by OWNER and CONTRACTOR. when CONTRACTOR com:ctS to OWN· ER's salisfa.ction the reasons for such action. • 14.1. When CONTRACTOR consider> the entire Worit .-.iyforits intended_CONTRACTOR sbalI nIXify OWNER and ENGINEER in wriIiIIatblt the entire Wands subslalltially eompIeIe (ex.cept for items items spceificaIJy lisIed by CONTRAC· lOR as incomplete) and request tbIt ENGINEER issue a CII1ilic:ate ofSubuanlial CompIedon. Witllin a rasoaable lime thereafter. OWNER. CONTRACTOR and ENGINEER shall lIIIke an inspcctiou of tile Work to dcIennine the SIIII!I of completion. If ENGINEER does 110( consider lhe Work suI>SIIIIIiaIly complete. ENGINEER will noIify CONT'RltClUR illwrilinniviDgdIe.-therefor. IfENGINEER CIIIIIiden • the Work subsIaIuidy complete. ENGINEERwiD prqIIIR and ddiYw to OWNER a tClllllive 􀁾􀁥ofSubsranIiaI ComPelion wI!ich sbaII fix tile da!e of Substantial Com!ll..uol!. There shall be anached to !he cenific:ate a tenwive list ofilems 10 be coll\llleled or corretUid before final payment. OWNER shall have seven days after ....,.,;pt of the tentative ccnilicale during which to malee written objcetion 10 ENGINEER as to any provisions of the cenifio:aIe or altadled list. If. after CUIlIideriIl!l such 􀁾􀀮ENGINEER CClIICludes tbIt the 'MIrk is not subslanlially compIeIe. ENGINEER will wilhin founeen days after submission of the tenWive certilic:ale to OWNER IIOIifY CONT'RltClUR in writina. sWing the rasons thenior. If. after considcraIion of OWNER's olijectiolls.. EN· GINEER consider.s die WiIrIc subswllially complete. ENGl· NBER wilt within said fOlll'lCel1 days execute and deIMr .0 OWNER and CONTRACTOR a de6nitive certilic:ale of SubSIIIIIiaI CompIetiGn (willi a revised tenwive list ofilemS to he compIeIed or correc:tedl reftecting such chall!les from the !.wive cenificue as ENGINEER believes justified after COIISideration ofany objections from OWNER. At die lime of delivery of the lenwive ceniticate of Subslantial CoIn!)letion ENGINEER will deliver 10 OWNER and CONTRACTOR a written recommendalion as 10 division of responsibilities pend· ill!llinal payment between OWNER and CONT'RltClUR with n:spect to securily. operalion. safety. maintenance. heal. utili· Iia. insur.onceand womanliesandguaranlees. UniessOWNER and CONTRAC'IOR agree othefwise in writiII!l and so iI!iorm ddiniQve certiIic:aIe of Substantial Completion. ENGINEER's aforesaid .-.commendation wiU be bindill!l on OWNER and CONTRAClUR I1ntil final paymenl. 14.9. OWNER shall have the rigllt 10 exclude CONTRAC· lOR from lhe Wodi; after Ihe date of SUbstantial Completion. but OWNER shall allow CONTRACTOR reasonable _ to oomplele or correct items on lhe tentative list. 14.10. Use by OWNER at OWNER's opIion of any subslanlially compleled pan of the Work whidt: (i) has spec:iIic:aIly been identified in the Conua.:t Documents. or (ii) OWNER. ENGINEER and CONTRACTOR agree constiMa a sepa...wy functioning and usable pan of the Work IlIlu:an be used by OWNER for il. intended purpose witllOOI sipillcant interfaence with CONTRACroR's performance ofdle remainder of the Wodi;, may he accomplished prior to Subslanlial Com· pIetion of a11lhe Work subject to the following: 14.10.1. OWNER at any lime may request CON· TItACTOR in writill!l to pemtil OWNER 10 usc any such pan of lhe Wodi; which OWNER believes 10 be.-.iy for its intended use and substantially substantially complelc. If CON· TItACTOR agrees that such pan of the 'MIrk is subsIantiaIIy complete. CONTRACOOR will ccniIY to OWNER and ENGINEER that such part of lhe 􀁾is subsIanlialIy complete and request ENGINEER 10 isIue a cenif· icaIe of Substantial Completion for IIIItt part Gf'dIe Work. CONTRAClUR at any time may notify OWNER and ENGINEER in wrilill!l thai CONTRACIOI. couidelS my such part of die Worit ready for ill illlalded _ and subslanlially cOllll'lele and request ENGINEER toislue a c:enificaIe of Substantial Complelion for that pan of the WiIrIc. Within a reasonable time after eidler sud! request, OWNER. CONTRACOOR and ENGINEER shall m81ce an inspecllon of Ihal part of the Work 10 determine ilS StaluS of complelion. If ENGINEER does IlOl consider tbIt pan of the Worit to be substantially o:ompIcIe. ENGl· NEER will nolify OWNER and CONTRACroR in writ· ins ping the reasons Iherefor. If ENGINEER COIISiders that pan of the Work to be substantially 􀁾􀁥􀁴􀁥􀀮,!he provisions of parqraph. IU and 14.9 wiII:l4lflIy with respect 10 cenilication of Substantial COIIQIIeIion of tbIt pan of the Worlt and the division of .respcimibiljty ,in respect thereof and access Ihereto. . 14.10.2. No occlII"UICY or separate bpemjon of pan ofthe Worit will be accomplished prior 10 compiiaDce with lhe requirements ofparaj!l'3ph 5.15 in respect of property i-.-ance. FIMI l..,.criIJn: 14.11. Upon wntten nolia: from CONTRACTOR that the entire Work or an agreed ponion thereof is i:cmpJcle, ENGl. NEER will malce a IinaI inspectIOn wilh OWNER and CON· TRACTOR and will notify CONTRACTOR in wriUna: of all 39 pu'IicuI:m in wIIic:h this inspcaion reveals IllaI. lIle Work is illCOlllpiCie or Ufn::tiw. CONTRACTOR shall imrncdialely take such measures as lie nec:essary 10 compiCle such Work or l'eIJ'leOy such deficiencies. 14.12. After CONTRACTOR bas compjeled all such cor· rections to the sati5fal:Iion of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating insrructions. 􀁳􀁾􀁨􀁥􀁤􀁵􀁬􀁥􀁳􀀮􀀠guarantees. Bonds. certilicalCS or olhcr evidence ofinsurance required by paragraph SA. ccnilicates of inspecdon. 􀁾... p reccrd documents (as provided in pamgraph 6.19) and olhcr documents. CONTRAC. TOR may make appIicaIion for final payment following lite procedure for propess payments. The final Application for l'IIymcnt sball be a.:companied (except as previously deHveredl by: (il all documeruation called for in the Conuact Documents. including bill ROllimiuod to lIle evidence of insurance required by subpatagrapII 5.4.13. (iii conscnt ofthe sumy. if any. to final payment. and (iii) complete and legally effective releases or waivers tsatisfactory to OWNER) of all Liens arisingoul of or filed in connection willl lite Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC· TOR may iumish receipts or releases in 'full and an a1IIdavit of CONTRACTOR tbat: (i) lite releases and receipts include aU labor. SCI"Iices. malCI'iaI and equipment for which a Lien could be filed. and (iil all payrolls. malerial and equipment bills and OIIterindcbledne5sCOrated 1ft a Change Order. prOVided Iha. wilen e.ercising any rights or remedies under Ihis paragraph OWNER shall nOI be required 10 obtain Ih. lowest price for the Work performed. 15.3. Where CONTRAClOR's services have been so ler· IIIinaIed by OWNER. the lermination will nOl affCCI any lights oc remedies ofOWNER against CONTRACTOR lhen existing or wllicb may tllerc:aCter accrue. Any relenlion or paymenl of moneys due CONTRAClOR by OWNER will not release CONTRAClOR from liabilily. 15.4. Upon .even days' wrillen nouce to CONTRAClOR and ENGINEER. OWNER may. wllhou, cause and wi,hou, prejudice 10 any other right or remedy of OWNER. elect 10 termirwe Ihe AllRClllcnt. In sueh case. CONTRAClOR shall be paid (withou, duplication of any "emsl: ( 15.4. J. for compleled and acceptabl. Work 􀁥􀁾􀁣􀁣􀁕􀁬􀁥􀁤􀀠in acxordance with the Conuaet Documents prior 10 the effec· tive date oflcnninalion. including {air ancI reasonable sums foc overhead and profit on such Wor1<: 15.4.2. for expenses ."staiMd pm10 IIIe eIIb::Iive dire of termination in pcafowUiilii servic:es and fwubbil1a: labor. _rials or equipment as rcquin:d by the ConaIct D0cuments in connection wilh unc:omplellld Wort. plus fair and reasonable sums for overilcad and profit on such expenses: 15.4.3. forall claims. costs. losses anddama!les inc:urred in settlement of terminallld contr.lcts with Subcoruractors. Suppliers and olhers: and 15.4.4. for reasonable e.penses dinx:dy allribulable 10 termination. CONTRACTOR shall not be paid on _ of loss of aalicipallld profits or revenue or other 􀁥􀁣􀁭􀁾loss arising OUt of or rcsuJuna from such tcnninalion. 15.5. If. through no acl or fault of CONlllACfOR. the Work is suspended for a period of more tIwI ninety days by OWN ER or under an order of court or other public autho.... ity. or ENGINEER fails '0 acl on any Appticuion for Payment within thirty days after il is submiued or OWNER fails for Ihirty days 10 pay CONTRAClOR any sum IiIIaIIy determined 10 be due. then CONTRACTOR may. lI\I01I seven days' wrinen notice 10 OWNER IDII ENGINEER. ancI provided OWNER or ENGINEER do IlOl remedy such suspension or failure within Ihal lime. lermiallc the Apeement and recover from OWNER paymenl 011 the_1eI1IIs as provided in panqp-aph 15.4. In lieu of tIIIIIIiuIina the Asrecmenl and without prejudice 10 1lIIY oilier riPt or remedy. jf ENGINEER has failed 10 ac:I 01118 Application for Payment within thirty days after il 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 wrillen nOlice 10 OWNER and ENGl· :-lEER Slop 'he Work unlil paymen, ofaJl such amounts due CONTRACTOR. Including InlereSI ,hereon. The provisions of this paragraph 15.5 are not intended 10 preclude CON· TRACTOR from making claim under Articles n and l2Jor an increase in COntract Price or Conlracl Tunes or oIhelWisc for expenses or damage directly allributabie 􀁉􀁏􀀺􀁃􀁏􀁾􀀮􀀠TOR's Slopping Work as permitted by this parqraph. ARTICLE II>-DISPUTE RESOLUTION' IfancIlO .he ••",nllhal OWNER and CONTRAClOR have asm:d on ,he method ancI procedure for mIOIYing 􀁤􀁩􀁾􀀠iletween 'hem ,hal may anse under lhis Apeemenl. siich dispu", resolution method and procedure. if 1lIIY. shall be as SCI fonh In ExhibiIGC·A. ··Dispu.e ResolutionAan:cmcnI:'tDbe atlachcd herelO and made a part hereof. If no such agrcemeru on the melhod and procedure for mIOIvm8 in n::IpCCI oi allY dispule. ARTICLE 17-MISCELLANEOUS GiriIrf NIIIiI:tt: 17.1. Whene_ any pmvision of the Conuxt Ilo<;ument> requires the 8ivill8 of written notice. it will be deemed 10 have been validly pven if deliVered in person 10 lhe individual or 10 a mr:mbeI of the linn or 10 an oftIcer of lhe corporation for whom it is inlellded. or ifdelivered at or sent by reeisleted or ceniIicd mail. POSIap pn:paid. 10 Ihe last business addms kIIoWll 10 the giver of lIIe noIice. C-. ·'.ofTlaa: 17.2.1. WbCII any period of time is referred 10 in Ihe Contract Documents by dayS. il will be COIJIIIUted 10 exclude Ihe first and include the last day of such oeriod. If the last day ofany sucIl period fiIlls on a Saturday or Sunday or on a dav made a Iepi holiday by the law of the applicable jurisdiction. such day will be omitted 􀁾lIIe I:OIIIpuwion. 17.2.2.. A calendar day of twenly-fOlr hours measured fIvm midniaht 10 the next midnight will constitute a day. NfIIi« ofCWao: 17.3•. Should OWNER or CONTRACIOR sulfer injury or cIIma&e 10 penon orpropcny bec:ause ofany entlr. omission or a<:I. of the oilier pany orof any of Ibe oilier party's empjoyees 01' agenu or others for whose acts the oilier part)' i. IepIIy liable. claim will be made in wriIing to the otherJllUlY wiIhin a reasonable lime of the first observance of suc:II. iqjury or dImaae. The provisions of this pIIIlI8I'lI!Ih 17.3 shill IlOl be c:onstrued as a substitute for or a waiver of Ihe pcowisions of any applicable stalute of limilalions or repose. c .... ' 􀂷􀁲􀁥􀁂􀀮􀁾􀀠17.4. The duties and obliptions imposed by these General Conditions and the right> and remedies available IIc:niImder to the panics herelO. and. in panicular bul without I' _"". the Wlmlllties. guanIIIl'Ces and obl_ons imposed upon CON· T'RAC'roR by parar,raphs 6.12. 6.16. 6.30. 6.31. 6.32. 13.1. 13.12.. 13.14. 14.3 and IS.2 and all of the righlll and nmedies aVlilable 10 OWNER and ENGINEER then:uader. arc in addition 10. and arc not 10 be constrUed in any WIly as a IimitIIIion of. any rights and remedies available 10111)' oral! of them whi<:h an: oIIIerwise imposed or available by Laws or RepiaIions. by special warranlY or guarantee or by odIer prvvisions of the Corumcl Documents. and the pnMsioas of lhis pamgraph will be as elfeclive as if repeated spccilimilv in lhe Comraa Document> In connec(ton wilh ead1 panic:ular duty. obligation. right and remedy 10 which they apply. 1'nI/""'"Fm and CoUll Costslndud.u1: 175. Whenever reference is made to "cIaims.-.1osses and damages:' it shall include in each case. but IlOl be limited 10, alll'ees and charges of engineers. an:bitects. _ •..,. and oilier professionals and all court or arbitration or other disFute resolution COSts. ( ] ] [The remainder of this page was left blank intenllonally.] ! {J ) 42 EXHIBrr GC-A to Genaa! Coaditioas of tbe Agremlfllt Betweea OWNER ami CON. TRACIOR Da""ted"--__ { libr use with EJCDC No. 1'10.8 (1990 ed.) DISPUTE RESOWTION AGREEMENT OWNER and CONTRACTOR hereby ap:e lhat Anide 16 althe General Conditions to IiIe Agreement between OWNER and CONTRACTOR is amended 10 include the foUowing "I!=llCnt of lhe parties: 16.1. All claims. disputes and other II1aIIerS in questloCI between OWNER and CONTRACTOR arisinc 0111 ofor reIaI· illllO the ConllllCl Doc:wnenIS or lhe bmldIlhereof f...:cpt for claims which have been waived by the makiIIg Of aa:ep. WIce alfinal payment as provided by J>'IIlI8IlIPh 14.151 will he decided by arbitration in accordanc:e wilb the Consauaion Industry Arbitration Rules of Ihe Arnenc:m Arbitrauon AssoeiaIion then obtaining. subjec:t to the limiwions of thi$ Article 16. This ap:emerll 50 10 arbillll1e and any odler1181-11 or _t10 arbiIIlI1e entered inlO in accordanc:e herewith as PlV"ided in this Article 16 will he specifically enforceable under the prevailing law of any court havingjurisdietion. 16.2. No demand for arbitralion of any claim. dis!lu!e or other manu that is required to he referred to ENGINEER inilially for decision in acconIancc wilb J>'IIlI8IlIPh 9.11 wiD be ...unlil the eariierof(a} Ibe dale on which ENGINEER has leodeaed a written decision or (b) the llliny.fir5I day after the ..mes have pmcnted their evidence to ENGINEER if a written decision has nat been rendered by ENGINEER before dilldare. No demand for arbiUaIion oflift)' such daim. dispute orodler mailer will be made laterthan thirtydays afterthe dare 01\ which ENGINEER has rendered a written decision in respect thereof in acconIancc with J>'IIlI8IlIPh 9.11; and the failure to demand arimnIIion within said thirty days' perIOd will result in ENGINEER's decision being !inal and binding upon OWNER and CONTRACTOR. If ENGINEER renders • decision after atbitraliOll plDcecdings have been initialed. such decision may be erIIered as evidence but wiY IlOl super.aede the WIIlI1ion proceedings. except where the decision is aa:cpt. able 10 the parties COllcel1led. Nodemand forarbilllttion alany written decision of ENGINEER rendered in accorQanc:e with JlIIIlIIII10ph 9.10 will be made later than ten days after the party mali:ing such demand has delivered written notice of intention to eweai as provided in pa!lIj!I'lIph 9.10. 16.3. Notice of the demand for arbitration will he filed in writing with the olber party to the Agreement and with the AIDericaD AIbitDQoa Asaiuion.. and • COllY will be seal to ENGINEER for informalioa. The demand for uIliInIion Will be IIIIde within the thirty-day or _ day period I; ill< cI in ....... 16.2 as IR'I'iclbIe aDd in aU OIlIer _ widIin a ,n 41,hIe time after the dIim. dispulA!! or adler I'ISIIIl:r in'II""" has arisen. aDd in no eoem shalllift)' such demiIIId be IIIIde after the dare when instilwion cC IepI or equiIIbIe pfi. ct fjnls based Oft such daim. dispute or adler man:er in'II""" would be bured by the applicable staIIIIC cC IiInifa. Iioas. 1604. Excepc as provided in PlIJlIIIn\PII IU below. no ailaiulliori III'isiIII QUI ofor relaling to the C_Doo:uments shall include by consoIidaIion.. joinder or in lift)' OIlIer manner illY other pcrsotI Of cnlity (including ENGINEER. ENGINEER's ConsIIIWII and the otficers. direcUn. qallS. empio'yees or COMIlilaitlSofany oflhcm) who is _ a party 10 this _acl unless: 1604.1. the illl:lusion of such other penon 01' emily is .-sary if complete relief is to he aftbnIed 8IIIilIIll those wIlD arc already panics to the arbiualian. and 16.4.2. such other pcrsotI or entity is subslantially in· voIved in a quesuon oj law or fact which is _Ito those wIlD are already parties to thearbitration aDd which will arise in such proceedings. and 16.4.3. the written consent of the OIlIer pcnan or emity Slllllbito he included and ofOWNER aDd CONTll.ACI'OR ... been obtained for such inclusion. wIIit:II _nl shall !!like specific letaclice to this PIlI.....; but no such _ shall constitute consent 10 III billatiuu cClilY dispne iIDl 􀁳􀁰􀁣􀁣􀁩􀁬􀁬􀁣􀁡􀁬􀁾 􀁹􀁹􀀠described in such _ or 10 adlilillion willi lilY party not specifically ideatified ill such_I. 16.$. 􀁎􀁾􀁰􀁯􀁮􀁡􀁲􀁡􀁰􀁉􀁬􀁉􀀶􀀮􀀴􀁩􀁦􀁡􀁣􀀺􀁬􀁬􀁩􀁭􀀮􀀮􀁤􀁩􀁳􀁰􀁵􀁴􀁥􀁯􀁲􀀠other mailer in question between OWNER and CONl'RAC. TOR involves the Work ofa Subcnnll'lCUlr. eidIet' OWNER or CONTRICIOR may join such Subcn_uaparty to the artliInIion between OWNER and CONTRACTOR hemmder. CONTRICIOR shaD include in all subcuualidl JIIqIIited by JIIIIII1IIIh 6.11 aspecific provision whereby the Subconlrac:tor , 􀁾a .. als to being joined in an atbilllllion 􀁾􀁷􀁣􀁥􀁬􀁬􀀠OWNER and CONTRACroR invol\'ifll the Woric cC sUch SubcpntnaclOr. NOIbina in this J>'IIlI8IlIPh 16..5 nor ill the ptchisiol, Of such subc:oIIIract COIIKII!ina to joinder shall craie lilY claim. :riCbt or cause of action in fa_ of Subc:onuacuir and apinst OWNER. ENGINEER or ENGINEER's ConsIIIlalltS that does nOl otherwise exist. 16.6. The aWlld rendered by the ariIi._ will be final. iud&ment may he entered u_ it ill any .:atilt havinljurisdi<:· tioa tbereof. and it will not he subject to 􀁩􀁩􀁊􀁏􀁬􀁬􀁩􀁾􀀮􀁴􀁪􀁣􀀢􀀠or appeal. (The remainder of this page was left blank intentionally.) GC·AI 16.7. OWNER and CONTRACTOR iI4!=!haI they shall lim submil any and all unseuled claims. COIIIIterclaims. dis· puteS and OIherl1lllllCl'S in question be!Wei!n them arising out of or n:IaIilIg 10 tile Contract OncumenlS or the breach thmof ("dispulCS"). to medialion by The American Artritnllion As· socia';'" under lbe COllSUllclion Industry Mediation Rules oi the American Arbitnllion ·Associalion prior to either of them initialing apinsllhe other a demand for arbiuation pursuanl [0 panI8IlI:pbs 16.1 through 16.6. unless delay in initiating arllitrn· [ion would irrevocabty prejudice one of the panics. The respective thiny and ten day time limits wilhin which 10 file a demand for arbitration as provided in pat3!ltapbs 16.2 and 16.3 above shall be suspended with respect 10 adisJ)ute subinilted 10 mediation within those same appjicable lime IimiIS and shall remain suspended until ten days after the terminalion of lbe mediation. The mediator of any dispute submitted 10 medialion under this Agreemenl shall not serve as arbilralOr of such dispute unless otherwise agreed. }..:' ( ., j 1.I .."1 .'") J 1 ..)) -1 :i ..􀁾􀀠􀀮􀁾􀀠.11 :""\:1( 1 􀁾􀀠.) : 􀁾􀁡􀀠,, ,.:J 􀀼􀁾􀀠􀁾􀁪􀀠., 1 􀁾􀁪􀀠􀀧􀁾􀀧􀀱􀀠-j GC·A1 .. I 1 SUPPLEMENTARY INFORMATION FOR ARTICLE 11 OF SECTION 700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 11.10 SUPPLEMENTARY INFORMATION 11.10.1 Limit of any change order will be 25% of total contract price. 11.10.2 Cl'iange orders will only be executed for a change in scope of services. 11.10.3 No change order can be executed by Contractor until approved by th City Manager. For change orders less than $15,000, the City Manager has final authority of approval and processing. Change orders in excess of $15,000 must be approved by the Town Council. 1 I 􀀬􀀮􀁾􀀠􀁾..:' :. j . i \ SECTION 00800 • SPECIAL CONDITIONS PART 1 • GENERAL 1.01 GENERAL CONDITIONS A. The Standard General Conditions of the Construction Contract prepared by the Engineers Joint Contract Documents Committee, 1983 Edition, Articles 1 through 17 inclusive, is a part of this Contract and is referred to in the Contract Documents as "General Conditions" or "General Conditions of the Contract". 1.02 SPECIAL CONDITIONS These Special Conditions modify (change, delete, add to) the General Conditions. Where a part of the General Conditions is modified, the unaltered portion of that part shall remain in effect. 1. 03 OWNER AND ENGINEER Add the following definitions to Section 1 of the General Conditions. A. Owner. Where the work "Owner" is used in the Contract Documents, it shall be understood as referring to the Engineering Department, Town of Addison. B. Engineer. Where the work "Engineer" is used in the Contract Documents, it shall be understood as referring to Carter &Burgess, Inc., 7950 Elmbrook Drive, Suite 250, Dallas, Texas 75247, 214/638. 0145, Consultant to the Owner. 1.04 BONDS AND INSURANCE A. Prior to execution of the Agreement by the Owner, the successful Bidder shall submit proof on standard forms that he is covered by insurance as required by Article 5 of the Standard General Conditions of the Construction Contract. The minimum amounts of insurance shall be as follows: Workmen's Compensation Insurance· Statutory Requirements Employer Liability . $100,000 each accident $100,000 disease each employee $500,000 disease policy limit Automobile Liability Insurance with limits of: Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $600,000 each occurrence 94315001 00800·1 , j.J :1 ] Automobile liability and property damage in the foregoing amounts will be required as blanket coverage on trucks and automobiles owned by the Contractor or any subcontractor, or operated in connection with the work regardless of ownership. Comprehensive General contractual coverage: Liability endorsed to include blanket General Aggregate Products -Components/Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage (anyone fire) Medical Expense (anyone person) -$1,000,000 -$1,000,000 -$ 600,000 $ 600,000 $ 50,000 $ 5,000 B. Owner's Liability Insurance 1. Delete paragraph 5.5 of the General Conditions in its entirety and substitute: The Contractor shall effect, maintain and pay for all Owner's Liability Insurance as reqUired below until final acceptance of the work. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of work. These certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least 30 days prior written notice has been given to the Owner. a. Bodily Injury Per person/per occurrence $600,000/$1,000,000 C. Property Insurance 1. Paragraph 5.6 of the General Conditions is revised to read that the Contractor shall purchase property insurance upon the work, rather than the Owner, and said property insurance shall also include coverage for flood damage. Except for these revisions, paragraph will read with no other revisions. 2. If this insurance is written with a stipulated ampunt deductible under the terms of this policy, the 􀁃􀁯􀁮􀁴􀁲􀁡􀁾􀁴􀁯􀁲􀀠shall pay the difference attributable to such dedication in any payments made by the insurance carrier on claims paid by. this insurance. 3. The Contractor shall file the original and one certified copy of all policies with the Owner before exposure to lqss may occur. If the Owner is damaged by the failure of the Cont:ractor to maintain such insurance and do so notify. the Owner. then the Contractor shall bear all reasonable costs properly attributable thereto. ,/94315001 00800-2 -.-"} 1 .j 1 .J 􀁾, .1 i .1 4. Contractor shall effect, maintain, and pay for an Umbrella Liability Insurance in the amount of $1.000,000.00 covering excess of the under-lying policies and possible uninsured exposure. 1.05 ACTION AND APPROVAL BY ENGINEER A. Wherever the words "Directed" I "Required", "Permitted" I "Designated". "Considered Necessary", "Prescribed", or words ollike import are used 􀁩􀁾􀀠the Contract Documents, it shall be understood that they are intended to refer to action by the Engineer and. similarly. the words "Approval", "Acceptable", "Satisfactory", or words of like import shall mean approval by the Engineer. B. lIhenever in the Contract Documents, the terms or descriptions of various qualities relative to finish, workmanship. or other qualities of similar kind cannot. because of their nature, be specifically and briefly described and are customarily described in general terms, the Engineer be the final judge as to whether or not the workmanship so described is being performed in compliance with his interpretation of the meaning of such words, terms or clauses. 1.06 COMPLETION TIME All work included in this contract shall be completed within 28 calendar days from the Owner's issuance of Notice-to-Proceed. 1.07 LIQUIDATED DAMAGES The Contractor agrees that time is of the essence in this Contract and that the Owner will be damaged if there is delay in completion of the work provided in this Contract beyond the time provided. The parties agree that the amount of damage which will be incurred by the Owner as a result of any such delay is difficult to estimate, and that from the viewpoint of the parties as of the date of the execution of this Contract, the amount of liquidated damages hereinafter specified 15 reasonable. It is furthermore specifically agreed by the parties that this provision for the payment of time specified, is a bona fide attempt by the parties' to estimate as well as they are able the amount of damages which the Owner .will actually incur as a result of any such delay and that 􀁾􀀺􀁾􀁴􀁨􀁥􀀠• requirements for payment of liquidated damages is not intended as a penalty. The parties further agree that it is in the best 􀁩􀁮􀁴􀁥􀁲􀁥􀁳􀁴􀁾􀀠of, both parties that the amount of liquidated damages be specified herein rather than that the parties should be faced with the problem of determining actual damages in the event of any such delay. On the basis of the foregoing, the parties agree that for each day of delay beY9nd the 94315001 00800-3 " I . 1 j i 1 ,\ .' , dates agreed upon for the completion of each individual item of work herein specified and contracted for (after due allowance for such extension of time as it provided for in the General Conditions of Agreement), the Contractor shall pay to the Owner as liquidated damages in the sum of $250,00 per day. which sum may be permanently withheld by the Owner form the Contractor's total compensations provided in this contract, 1,08 EXISTING UNDERGROUND FACILITIES The Contractor shall immediately report to the Owner or Engineer any underground facilities which he discovers, It shall be the Contractor's responsibility to determine the true location and depth of all underground facilities if their preservation is necessary to the existing Owner of said facility, 1,09 EXISTING STRUCTURES The Owner assumes no responsibility for failure to show any or all of known surface and subsurface structures on the Drawings, or to show them in their exact location, It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the Drawings or Specifications, in which case the provisions of these Contract Documents for extra work shall apply, 1.10 DUST CONTROL The Contractor shall sprinkle areas under construction, haul routes and detours as required to maintain sufficient moisture content in the surface layer for dust control, 1.11 USE OF EXPLOSIVES The use of explosives will not be permitted, 1.12 CLEANUP Upon completion and before making application for acceptance of the work, the Contractor shall clean all streets, borrow pits and all. ground occupied by him in connection with the work, of all rubbish, excess materials, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition deemed satisfactory to the Owner, Special cleanup conditions will be specified in the specifications, 94315001 00800-4 1 \ I 1 ! j ! } -􀁾􀀠-,1 .j " '0" 1.J ) j , .j 1,13 SAFETY The Contractor shall be responsible for the safety of himself, his employees, and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operation. All work shall be done in accordance with the Occupational Safety and Health Administration, Safety and Health Regulations of the United States Government for 􀁣􀁯􀁮􀁳􀁴􀁲􀁵􀁾􀁴􀁩􀁯􀁮􀀠and all other applicable state and local government regulations. 1.14 ACCIDENTS A. The Contractor shall provide, at the site, such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the Work. B. The Contractor shall promptly report in writing to the Owner all accidents whatsoever arising out of, or in connection with the performance of the work whether on or adjacent to the site which caused death. personal injury, or property damage, giving full details and statements of witnesses. In addition. if death, serious inj ury, or serious damage is caused, the accident then shall be reported immediately by telephone or messenger. 1,15 WAGE RATES All employees of the Contractor on the work to be performed under this Contractor shall be paid the prevailing wage scale in this locality for work of a similar character. 1.16 CONSTRUCTION STAKING The Contractor shall provide all construction stakes necessary for the facilities to be constructed under this contract. No direct compensations will be paid to the Contractor for the construction staking of the facilities included in this project. It is understood that the cost of the construction staking is included in the unit price bid for the items in the Proposal. 1.17 CONTRACTOR COST BREAKDOWN A. Immediately after being awarded a contractor for the work, the Contractor shall furnish the Owner with a breakdown of its lump sum bid items suitable for use in the preparation of progress estimates for the job. Such a breakdown shall tabulate quantities and the unit prices to be applied for the various features of the work and shall be in sufficient detail as to permit its use in preparation of progress estimates. The cost breakdown shall not be unbalanced. '/B. Progress payment for materials on hand and equipment delivered for installation as a part of the work will be based on invoices. 94315001 00800-5 .' " " ,.., . ;:/: , 1 ;, " , , 􀁾􀀠, :l .Jl , 'I , , ," 􀁾􀀠1 􀀮􀁾􀀠,i 􀁩􀁾􀀠-,1 ... "r, j 1 Ll 1 j SECTION 01025 -MEASUREMENT AND BASIS OF PAYMENT PART 1 -GENERAL Drawings, Standard General Conditions of Contract, Special Conditions and Dlvision-l Specification sections, apply to work of this section. 1.01 DESCRIPTION This section governs the basis of compensation for construction of Addison Pond Improvements, Addison, Texas. 1.02 GENERAL A. It is not the intent of the bid schedule or this Section to itemize each and every item required for this project. Items required for project completion and not specifically included in the bid schedule will be included with the items to which they are considered subsidiary. B. The various items in the proposal and bid schedule will be paid for by the unit or lump sum price. These prices shall be full compensation for furnishing all materials, equipment, labor, tools, power, transportation, temporary facilities, incidentals, permits superintendence, overhead and profit required to complete the construction of the various items of the project listed in the bid schedule and as itemized below. 1.03 UNIT PRICES AND LUMP SUM BID AMOUNTS Where in the BID FORM a ·Unit Price" or "Lump Sum Bid Amount" is set forth, it shall include the furnishing by the Contractor of all labor, tools, materials, machinery, appliances, plant and equipment appurtenant to and necessary for, the construction in every detail and the completion in a first class, workmanlike manner of all work to be done under these specifications. The "Unit Price" or "Lump Sum Bid Amount" shall also include all permanent protection of overhead expense, bond, insurance, patent fees, royalties, risk due to' the elements, delay, profit, injuries, damages, claims and all other 􀁾􀁴􀁥􀁭􀁳􀀠not specifically mentioned that may be required to construct fully each item of the work complete in place. 1.04 "PER EACH" BID ITEMS These items will be paid for individually as a complete, properly functioning element. These items will include incidentals and appurtenances required to provide each bid item. END OF SECTION 94315001 01025-1 , 1 · ! .. i · 1 · J ; ..􀁾􀁾􀀠-. 􀁾􀀠􀁾􀀠􀁾􀁾􀀠8., .1 1 􀁾􀀠􀁾􀀮􀁪􀀠1 ..􀁾􀁾􀀧􀁩􀀠. -" , I, < I j 1 j SECTION 01027 -APPLICATION FOR PAYMENT PART 1 -GENERAL Drawings, Standard General Conditions of Contract, Special Conditions and Division-1 Specification sections, apply to work of this section. 1.01 DESCRIPTION . I Application for monthly. progress payments are in accordance with the i Standard General Conditions. 1.02 DATE OF APPLICATIONS The day of each month that the application for payment is submitted will be determined at the pre-construction conference. 1.03 FORM Submit applications for payment on the Standard AlA document G702, Application for Payment. Provide 5 copies with each submittal. 1.04 SCHEDULE OF VALUES The Contract Price Breakdown is the basis for applications for payment. END OF SECTION 94315001 01027-1 I 1 " J ," "', .. 1 1,, . , SECTION 01040 -COORDINATION PART 1 -GENERAL Drawings, Standard General Conditions of Contract, Special Conditions and Division-l Specification sections, apply to work of this section. 1.01 DESCRIPTION Coordination with Owner, sub-contractors, and between the various trades and crafts shall be the responsibility of the Contractor. 1.02 SUB-CONTRACTORS AND VARIOUS TRADES A. Consult jointly with sub-contractors and various trades to establish schedules to the benefit of those involved. B. Provide whatever supervision and communication necessary to facilitate close adherence to schedules. C. Provide whatever supervision and communication necessary to facilitate close cooperation and coordination of sub-contractors and various trades one with the other. D. Subcontractors shall address all questions and concerns to the General Contractor. The Owner and Consultant are not required to respond to questions or comments which are brought forth by parties other than the General Contractor. E. Coordinate all activity and schedules with the Owner that effect the private residence. END OF SECTION " 94315001 01040-1 1 · ) i · , I · I · ,1 '1 .. 1 1 J · j ) ,• , 􀁾􀀠--: ). .' J · 1 · I SECTION 01200 • PROJECT MEETINGS PART 1 • GENERAL Drawings, Standard General Conditions of Contract, SpeCial Conditions and Division-I Specification sections, apply to work of this section. 1.01 DESCRIPTION 􀁍􀁥􀁥􀁴􀁩􀁮􀁧􀁾􀀠of principals involved in project. 1.02 PRE-CONSTRUCTION MEETING A. Owner will schedule meeting and provide meeting place. B. Attendance: The following are expected to attend: 1. Owner or Owner's Representative. 2. Contractor's General Superintendent, Project Superintendent and Project Coordinator. C. Agenda Items: 1. List of major subcontractors and suppliers. 2. Tentative construction schedule. 3. Critical work sequencing. 4. Major equipment deliveries. 5. Designation of responsible personnel. 6. Procedures and processing of field decisions, proposal requests, submittals, color coordination, change orders. and applications for payment. 7. Adequacy of distribution of Contract Documents. 8. Procedures for maintaining Record Documents. 9. Use of Premises: Office, work, storage, staging areas; Owner's requirements. 10. Construction facilities, controls and construction aids. 11. Temporary utilities. 12. Safety and first·aid procedures. 13. Security procedures. 94315001 01200·1 I i I I . ,• I I I I ; 􀁾􀀯􀀠I I I I I 1· : I , I 10. Review proposed changes for effect on construction schedule, on completion date, and effect on other contracts of project. 11. Other business. 1.04 MINUTES OF MEETINGS Contractor shall take notes at pre-construction and progress meetings and distribute them to those concerned in the form of mfnutes within 7 calendar days after meeting. These minutes will be reviewed by all parties and revised by the Contractor if necessary. prior to filing. END OF SECTION 94315001 01200-3 SECTION 01300 -ADMINISTRATIVE SUBMITTALS PART 1 -GENERAL Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-I Specification Sections, apply to work c" this section. 1.01 DESCRIPTION Within 10 days after receipt of notification of selection, submit 3 copies of the following: A. List of Subcontractors B. List of Materials C. Schedule of Values Refer to Section 00100-6. 1.02 FORM "1 1 Lists and schedules shall be tabulated in accordance with specification sections. · 1 11.03 SUBCONTRACTORS Name, address, phone number, and locations of operations. · 1 i 1.04 LIST OF MATERIALS A. Name of Material or Equipment -Catalog Designation or Model Number B. Manufacturer -Name and Address C. Supplier . Name and Address 1.05 SCHEDULE OF VALUES . A. Identify each line with proportion of contract sum shown as matenals " and labor. B. Itemize General Provision, Special Provision and Division 1 items, including bonds, insurance, field supervision and temporary facilities. , · . C. Schedule Schedule of Values shall be the basis for Applications for Payment. 94315001 01300-1 J · , i PART 2 -PRODUCTS (Not applicable), PART 3 -EXECUTION (Not applicable), END OF SECTION " 94315001 01300-2 SECTION 01340 -SHOP DRAWINGS PART 1 -GENERAL , , I Drawings, Standard General Conditions of Contract, Special Conditions and j Division-l Specification sections, apply to work of this section. . , !1.01 DESCRIPTION 1 Shop drawings, product data and sample submittal requirements. 1.02 RELATED WORK DESCRIBED ELSEWHERE A. SECTION 01300 -ADMINISTRATIVE SUBMITTALS. ] 1.03 GENERAL REQUIREMENTS A. Submittal procedures and requirements are specified in the General ]Conditions, Articles 6.23 through 6.28, inclusive. Procedures will be finalized with Contractor at pre-construction conference. B. Submittal data will indicate which specification section and paragraph applies to that data. C. No work shall be fabricated or any product shipped to project ,site prior to Owner's approval of submittal. , ,,D. Submittal data is required on all specified items including those furnished exactly as specified. E. Refer to individual specification sections for required submittal data. , i .' F. Contractor shall maintain a permanent file of all approved submittals on project site. 1.04 IDENTIFICATION OF SUBMITTAL Submittals shall be identified as follows: ,• 1. Name of contractor. subcontractor. or material supplier originating submittal. 2. Name and location of project. 3. Submittal number. 4. Index of items submitted. , I 1 .' 1 5. Identification of each material or item of equipment. 6. Date of submittal. 94315001 01340-1 6. Date of submittal. 7. Contractor's certification. 1.05 NUKlIER OF SUBMITTALS A. For submittals requiring blue line prints, a sepia or other reproducible along with 2 blue line copies shall be submitted for approval. The reproducible with Owner notations will be returned to the-Contractor whereby he may take whatever steps necessary to make proper distribution'of approved drawings. B. Submit 5 sets of brochures or manufacturer's published data, 1.06 TIME OF SUBMITTALS The Owner will process submittals promptly and return them as soon as possible. For lengthier and more complex submittals. however. the Contractor shall allow a minimum of 5 working days for review. END OF SECTION 94315001 01340-2 1 'JSECTION 01350 -PROGRESS SCHEDULE , j PART 1 -GENERAL 􀁾􀁬􀀠Drawings, Standard General Conditions of Contract, Special Conditions and J Division-I Specification sections, apply to work of this section. :11.01 DESCRIPTION 1· A. Progress and Schedule Bar Chart consisting of time scaled figures to monitor progress of the work. q, "J 1.02 SUBMITTALS -: "J, I A. Submit 2 copies each to the Owner within two days of receiving the j Notice to Proceed. Owner will request revisions, if necessary, and return to Contractor with suggested revisions. ]B. Upon final approval by Owner, copies of the Project Schedule shall be distributed as follows: -] 1. 2 copies of each to Owner. 2. 1 copy to principal subcontractors and vendors. 3. I copy to others affected by schedule. 4. Copies posted in Temporary Field Office. '1, C. As revisions are made during construction, distribute up-to-date !issues to the same entities and make postings accordingly. i J D. Under no circumstances will construction operations begin other than · 1initial mobilization until the progress schedule. in its entirety, is > approved. 1 , ,1.03 PROJECT SCHEDULE -"C\ · 􀁾􀀠,4 A. Activities shown on the schedule shall be as follows: ..., 1. Each individual construction activity. 􀀢􀀺􀁾􀀠􀁾􀁪􀀠2. Submittal of shop drawings product data, and samples for approval. "'I 3. Approval of submittals. J 4. Delivery time for materials and equipment requiring loug lead 􀁾􀀹,,time. \:':..01 5. Times anticipated for tying-in of existing services. (Note: This ":'1 does not serve as an official request to the Owner as described in l􀁾􀀧􀀺􀀧􀀠􀀺􀁾􀀺􀀮􀁉SECTION 01040 . COORDINATION, and each individual request for. an outage shall be submitted in writing 2 weeks prior to the anticipated outage, as described herein. , ? 􀁾􀀮􀁬􀀠94315001 01350-1 'I􀀬􀀬􀁾􀀠I B. Schedule Format: 1. Single sheet of paper not exceeding 32" x 48". 2. Time scale at top and bottom of page with time units shown in calendar weeks. C. Each activity shall be represented by a horizontal line or 􀁡􀁲􀁲􀁯􀁾􀀬􀀠as follows: 1. Each line clearly and briefly described. 2. Estimated duration. 3. Line or arrow shall be drawn to the length as dictated by the time scale to indicate the activity's duration. 4. Each activity shall be placed at its propet calendar location as determined by the time scale. 5. Float time shall be shown in its proper time scale for each noncritical activity. 6. Critical activities shall be illustrated Ot accented, thereby easily distinguished from non-critical activities. 7. Milestones or intermediate completion dates shall be clearly shown. 8. Final completion date on initial schedule shall coincide with time of completion agreed upon and indicated in the Contract Documents. D. The duracion of each accivity shall be shown in calendar days and shall include Saturdays, Sundays, holidays and anticipated days lost due to inclement weather. 1.04 MONTHLY UPDATED SUBMITTALS A. Submit 2 copies of Project Schedule, each to Owner, not later ·,than the 5th day of each month, illustrating the follOWing: 1. Markings to show actual completed work above or below estimated. work. 2. Critical path activities marked to distingUish from non-critical activities. 94315001 01350-2 J I l 11.05 SCHEDULE REVISIONS : 1 A. Revise and resubmit the schedule for approval in accordance with Paragraph 1.04, in the event any of the following occur; 1. The previously approved schedule changes. 2. The approved schedule is extended in excess of 14 calendar days. 3. Issued change orders cause changes in the actual work which affect the duration or actual start or finish date of activities to the '1 . j extent that the approved schedule is changed or extended in excess of 14 calendar days. B. Provide written description of each change to the schedule, including reason for the change and how it affects the schedule. Jn C. Revisions to the schedule, including those generated by change orders, shall be made at no cost to the Owner. 1.06 FLOAT A. Contract Time shall be the Time of Completion as indicated in the Contract, plus any time extensions granted after award of contract. B. Float shall be the Contract Time less the Duration of the Schedule for critical activities, or the amount of time non-critical activities can j be delayed without causing the Contract Time to be exceeded. lC. The Owner shall receive the benefit of float. Contract Time S,Extensions will not be granted unless a change order or delay causes either of the following: "1 1. An increase in the duration of the critical activities. .J 2. The available float of a non-critical activity is consumed causing 􀁾􀀱􀀠: 􀀧􀀮􀁾the activity to become critical and thereby altering the project .jschedule. . '1D. Time extensions shall be limited to the duration of the critical , j activities less the Contract Time. 11END OF SECTION 􀁾􀁪􀀠"J J􀀧􀁾􀀮􀁾􀀧􀀠" j I .J 94315001 01350-3 I j SECTION 01440 -TESTING AND LABORATORY CONTROL PART 1 -GENERAL Drawings, Standard General conditions of Contract, Special Conditions and Division-1 specification sections, apply to work of this section. 1.01 DESCRIPTION A. Inspection, Testing, and Control: An independent testing laboratory se1ec'ted and paid by the Contractor will perform the professional laboratory services described herein. The independent testing laboratory shall be accepted by the Owner. B. Codes: Testing laboratory shall perform required inspections and tests in accordance with Building Code, Local Authorities, State Regulations and the specifications of ASTM and other respective technical societies. 1.02 WORK INCLUDED Testing services may include, but are not limited to the following: A. Field Density Tests B. Moisture Content of Existing Subgrade C. Gradation Analyses D. Keeping Inspection and testing Logs of Specified Inspections and Tests. E. Submitting to Engineer, Contractor, and Owner, certificates, records .. and reports of inspections and tests. 1.03 RESPONSIBILITY OF CONTRACTOR . A. Deliver to laboratory adequate quantities of representative sample of materials proposed for use which are required to be tested. B. Advise laboratory sufficiently in advance of construction operations to allow laboratory to complete any required check-tests and assign, personnel for field inspection and testing as specified. Should cancellation or de1ayment of Testing Services be required after notification to laboratory has been given, Contractor shall be responsible for making such arrangements. 94315001 01440-1 1 ! '1 ,j1.04 AUTHORITY AND DUTIES OF LABORATORY PERSONNEL ., A. Laboratory personnel shall inspect and/or test materials, assemblies, specimens, and work performed including methods and techniques as specified and report results to the Owner and Owner's Representative. B. Should it appear that the material furnished or work 􀁰􀁥􀁲􀁦􀁯􀁾􀁥􀁤􀀠by the Contractor fails to meet requirements of Contract Documents, ·testing laboratory shall direct the attention of the Contractor and the Owner to such failure or infringement immediately. C. Testing laboratory personnel are not authorized to revoke, alter, relax, enlarge, or release any requirement of the Contract Documents, or to approve or to accept any portion of work. PART 2 -PRODUCTS N/A 1 J PART 3 -EXECUTION I .jN/A END OF SECTION 1 ,1 ,• , 1 • . j .,i ,.J 94315001 01440-2 I .J SECTION 01500 -CONSTRUCTION FACILITIES PART 1 -GENERAL Drawings, Standard General Conditions of Contract, Special Conditions and Division-l specification sections, apply to work of this section. 1.01 POYER AND LIGHT The Contractor shall obtain and have installed a temporary electrical power service line to a point convenient for and available to all trades, including mechanical and other contractors. The cost of current used shall be paid by the Contractor, and he may apportion the charge among the trades using the current in a manner agreed upon. 1.02 SANITARY FACILITIES The General Contractor may provide one or more toilet buildings for the use of all persons employed on the job. He shall post notices, take such precautions as may be necessary, remove any refuse deposited in or about the buildings, and maintain the premises in a sanitary condition. 1.03 YATER The Contractor shall be responsible for obtaining temporary water from the Town of Addison. All costs for temporary water connections, water usage fees. etc., shall be paid by the Contractor. 1.04 TRAFFIC CONTROL AND SAFETY The Contractor shall be responsible for all traffic control and safety during construction. The Contractor shall meet all City requirements or public safety. barriers, and traffic controL The Contractor shall coordinate with the Town of Addison during necessary street control. 1.05 PROTECTION OF THE PUBLIC The Contractor shall at all times conduct the work in such a manner as to ensure the least possible obstruction to public traffic and protect·, the safety of the public. Public safety and convenience and provisions therefore made necessary by the work shall be the direct responsibility of the Contractor and shall be performed at his entire expense. Materials placed on the site, or materials excavated and the construction materials or equipment used. shall be located so as to cause as' little obstruction to the public as possible. The Owner reserves the right to remedy any neglect on the part of' the Contractor as regards to public convenience and safety which may come to ;.., its attention. The cost of such work done or material furnished by the Owner shall be deducted from monies due or to become due to the Contract:or. 94315001 01500·1 1 SECTION 01605 -􀁾􀁁􀁒􀁒􀁁􀁎􀁔􀁉􀁅􀁓􀀠AND MAINTENANCE PART 1 -GENERAL , j /Drawings, Standard General Conditions of Contract, Special Conditions and Division-l specification sections, apply to work of this section. 11.01 DESCRIPTION l 􀁾􀁡􀁲􀁲􀁡􀁮􀁴􀁩􀁥􀁳􀀠(guarantees), maintenance, service. q 11.02 YARRANTIES (GUARANTEES) Provide a written warranty and guarantee of all work against defects in materials, equipment, or workmanship for a period of one year from the date of final acceptance. Also provide any additional warranties and guarantees of work items and components as specified in individual sections of these specifications. Final acceptance date will be indicated .1 in a written format by the Owner. 1. 03 ROAD MAINTENANCE A. The Contractor shall perform preventive maintenance during construction period to include all labor, materials and equipment necessary to maintain the pavement base and surface in a condition .1 equal to its condition at the start of construction. R. This does not include items that are the result of normal use, floods, acts of God, or OWner abuse. C. Protect and maintain all existing roadways, until final acceptance of project by OWner. Roads that have areas which have been damaged will be repaired in a manner acceptable to the OWner prior to final acceptance. PART 2 -PRODUCTS N/A ,• PART 3 • EXECUTION 3.01 􀁾􀁁􀁒􀁒􀁁􀁎􀁔􀁉􀁅􀁓􀀠All product warranties and/or guarantees provided by the subcontractors, suppliers and/or manufacturers for the specific items, such as irrigation controller, lighting fixtures, site furniture, etc. will be completed entirely by the contractor. The OWner's name 1s Town of Addison. Show all model numbers, serial numbers, date installed or accepted as requl..red ,to complete the warranty/guarantee forms. !,._J.END OF SECTION 􀁾􀀠194315001 01605-1 j ) 1.06 LIFTING AND HOISTING The Contractor shall supply all hoists. lifts. cranes, towers. etc., as required for the handling of the various materials. Installation of all equipment shall meet all applicable safety requirements. 1.07 PARKING All construction personnel parking shall be located in areas authorized by the Owner. Do not park vehicles or equipment under the dripline of existing trees or on property unapproved by Owner. 1.08 BARKICADES The Contractor shall erect and maintain sufficient barricades to protect adjacent structures, paving, lawns, etc.. from damage by construction vehicles and operations. Barricades must also be erected where required to prevent injury to the public. 1.09 FIRE PROTECTION It shall be the responSibility of the Contractor to provide fire and emergency access at all times during construction. The Contractor shall also be responsible for compliance with all requirements of the local fire official for fire safety during the progress of the work. 1.10 TRENCH SAFETY Provide shoring or safety slopes for trenches or excavations exceeding five (5) feet in depth. Comply with the requirements of the Texas Trench Safety Law. Article 60lB. Vernon's Texas Civil Statutes. END OF SECTION 94315001 01500-2 j SECTION 01710 -CLEANING PART 1 -GENERAL .> l j Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-l Specification Sections, apply to work of this section. 1.01 DESCRIPTION Cleaning during period of construction and at completion of the work. 1.02 DISPOSAL REQUIREMENTS ] Conduct cleaning and disposal operation to comply with codes, ordinances, regulations, and anti-pollution laws. ]PART 2 -PRODUCTS 2 .01 MATERIALS 1 A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. I B. Comply with manufacturer's recommendations. 1,PART 3 -EXECUTION , l 3.01 DURING CONSTRUCTION A. The site and adjacent properties shall be kept free from accumulations of waste materials, rubbish, and wind blown debris, reSUlting from construction operations. B. Provide on-site containers for the collection of waste materials, debris and rubbish. C. Remove waste materials. debris and rubbish from the site 􀁤􀁡􀁩􀁬􀁩􀁾􀁪􀀮􀁮􀁤􀀠, dispose at a legal disposal area away from the site. • '1 3.02 DUST CONTROL J ,Schedule operations so that dust and other contaminants resultii:tg from , , cleaning process will not fallon wet or newly coated surfaces. J 3.04 FINAL CLEANING A. Employ skilled workmen for final cleaning B. See Section 01705 -Project Closeout. END OF SECTION j 94315001 01710-1 􀁾􀀠,) 1. Clean exposed exterior and interior hard-surface finishes, to a dirt-free condition, free of dust, stains, films and similar noticeable transparent materials. 2. Clean project site (yard and grounds), including landscape development areas, of litter and foreign substances. Sweep paved areas to a broom-clean condition; remove stains, petrochemical spills and other foreign deposits. Rake grounds which are neither planted nor paved. to a smooth even-textured surface. 3. Clean all concrete surfaces, removing dirt. repairing deep scratches and removing graffiti. END OF SECTION 94315001 01705-3 1 .j SECTION 01705 -PROJECT CLOSEOUT 1, PART 1 -GENERAL Drawings, Standard General Conditions of Contract, Supplementary 'I Conditions and Division-l Specification Sections, apply to work of this 1section. 1.01 DESCRIPTION OF REQUIREMENTS "1 Closeout is hereby defined to include general requirements near end of Contract Time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in sections of Division 2 through 16. Time of closeout is directly related to ·Substantial Completion", and therefore may be ,]either a single time period for entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. That time variation (if any) '1,Jshall be applicable to other provisions of this Section. 1.02 SUBSTANTIAL COMPLETION A. Refer to Paragraph 5.15 of the General Conditions. B. Upon receipt of Contractor's request, the Owner will proceed with 1, inspection. Following initial inspection, Owner will either prepare Certificate of Substantial Completion, or advise Contractor to do work which must be performed prior to issuance of certification; and repeat inspection when requested to assure that work has been substantially completed. 1.03 FINAL ACCEPTANCE A. Refer to Paragraph 5.14 of the General Conditions for Contract9rs' required written notification that the work is ready for final inspection. On or before the date of final inspection the Contra:!!tor will turn over to Owner the following Contract Close-Out Materiais, " which he will have accumulated and retained during the course of the project: 1. All approved submittal data. two complete sets. 2. Written project warranty, and all other equipment and materials warranties/guarantees as signed by all appropriate suppliers or manufacturer's. one set. Refer to Section 01605. 3. One set of "Record" drawings and specifications showing . : conditions and dimensions of all construction which has been i .. Jrevised from that indicated by original construction documents. , I,.; , 94315001 01705-1 i j . ,l Drawings are to also show routing of underground outside utilities or conduits, with actual dimensions and burial depth. 4. The above materials will be reviewed by the Owner for completion. Final Acceptance will not be approved until Contract Close-out materials are completed. 8. Refer to individual Divisions 2 through 16 for specific work requirements. The requirements include, but are not limited to the following: 1. Submit Final Pay Voucher. 2. Complete work items on Substantial Completion punch lists, if any. 3. Complete final clean up requirement, including site dress up, touch-up painting, repairs, etc. C. Upon receipt of Contractor's written notice that the work has been completed the Owner will schedule an inspection with the Contractor and inspect the work. After the inspection the Owner will either approve Final Payment or prepare a punch list for the Contractor listing work items not completed and/or incorrect or obligations not fulfilled as required for final acceptance. If necessary the procedure will be repeated. PART 2 -PRODUCTS (Not applicable). PART 3 -EXECUTION 3.01 CLOSE-OUT PROCEDURES Arrange to meet with Owner's personnel, at project site, to provide basic instructions needed for proper operation and maintenanc!! of constructed facilities. 3.02 FINAL CLEANING Special cleaning for specific units of work is specified in sections of Division 2 through 16. General cleaning during progress of work is specified in General Conditions and as temporary service in "Temporary Facilities· Section of this Division. Provide final cleaning of the work, at time indicated, consisting of clea.ning surface or unit of work to normal ·clean" condition as accepted by 􀀻􀁾􀀺􀀺􀀠the Owner. Comply the manufacturer's instruction for cleaning operations. The following are examples, but not by way of limitation, of cleaning levels required: 94315001 01705-2 ! , J j SECTION 01720 -PROJECT RECORD DOCUMENIS . , 1 lPART 1 -GENERAL J Drawings, Standard General Conditions of Contract, Supplementary '1 Conditions and Division 1 Specification Sections, apply to work of. this jsection. "'1 jPART 2 -PRODUCTS (Not applicable). " JJ PART 3 -EXECUTION :13.01 PROJECT RECORD DOCUMENTS Maintain at the site one record copy of the following: ] A. Drawings -Prints of drawings shall be clearly marked Record Prints. JB. Specifications • j C. Addenda · JD. Change Orders and Written Instructions 1E. Field Orders and Written Instructions , 􀁾􀀠· F. Submittals " 1. Shop Drawings J 􀁾􀀠2. Product Data ]3. Samples '. ,, 4. Field Test Reports ] 3.02 STORAGE AND MAINTENANCE OF DOCUMENTS AND SAMPLES . , lA. Store Record Documents and samples in Field Office apart from d documents used for construction. B. Label documents other than drawing Record Documents and £ile #}!documents and samples in accordance with Section number listings. in Table of Contents of these specifications. , , ; ,j 94315001 01720-1 1 I : . .l C. Keep Record Documents and samples available for inspection by the Owner and/or Owner's Consultant. 3.03 DRAWINGS Record actual construction of: A. Horizontal and vertical locations of underground or concealed utilities and apparatus referenced to permanent features visible at surface. B. Field changes or dimensions and detail. C. Changes made by Field Order or by Change Order. D. Details not on original drawings. 3.04 SPECIFICATIONS AND ADDENDA Record in each section changes made by Addenda, Change Order, and Field Order. 3.05 SUBMITTALS Prior to final inspection, deliver Record Documents to Owner. 3.06 OWNER INSPECTION OF PROJECT RECORD DOCUMENTS Inspection by Owner shall be a minimum of once monthly. Owner's verification that documents are current shall be a requirement for issuance of Certificate of Payment. END OF SECTION 94315001 01720·2 SECTION 02050 -DEMOLITION PART 1 -GENERAL 􀀮􀁾􀀠1Drawings, Standard General Conditions of Contract, Supplementary ; conditions and Division-l Specification Sections, apply to work of this section. 1.01 DESCRIPTION Refer to plans for items to be demolished. 1.02 REQUIREMENTS A. Standards: Unless they are modified or exceeded by the requirements of this Specification, conform to applicable parts of ANSI A 10.6 ·Safety Requirements for Demolition." B. Schedule: Perform this work as required by the progress schedule for the project. 1.03 PROTECTION A. General: Construction temporary barricades, walks, passage-ways, and other items that are necessary to protect persons and property. from : I hazard or damage due to construction operations, and as required by applicable regulations. , 1 jDesign and construct such protective barriers and devices to have sufficient strength and of such materials as will accomplish their protective function. B. Site: Unless specified or directed otherwise, carefully protect existing existing walks, lawns, other buildings, and other work on site, whether specifically indicated on the Drawings or not. C. Trees and Shrubs: Protect trees and shrubs that are to remain in place from foliage, trunk and root damage that may result from construction operations. Do not park vehicles or equipment 􀀬􀁾􀀮􀀠nor .. store materials beneath the dripline of existing trees. Protect tree . trunks as specified for those trees which are within 10' of existing " trail. J D. Streets and Sidewalks: Protect streets, sidewalks, curbs, and other improvements not designated for demolition, as necessary to prevent damage to them. Repair any damage caused by Contractor operations. E. Persons: Provide warning signs, hazard and service lights, and other devices as necessary for the protection of persons from injury due to construction operations and as required by applicable regulations. , i J 94315001 02050-1 F. Remaining Structure: Take precautions not to damage existing structures which are to remain. Any damage caused by demolition operations is to be repaired by the Contractor without cost to the Owner. PART 2 • PRODUCTS (Not applicable). PART 3 • EXECUTION A. Utilities: Make arrangements and pay the costs for disconnecting, capping, and removing services to the satisfaction of the utility companies and the Owner. B. Method 1. General· Keep noise, dust and debris to a minimum. C. Scrap Materials: Material and debris resulting from demolition operations is the property of the contractor and shall be disposed of properly at a licensed municipal land fill, or as otherwise approved by the Owner. No sale of surplus materials shall be conducted on the site. D. Backfill: Subgrade areas may not be used for disposal of surplus material without specific written approval and then, only if placed by approved methods. END OF SECTION 94315001 02050·2 ] 􀁾􀀠j -,j '1,d , J J '1,j 􀁾, i J ,i 􀁾􀀠1, 􀁾􀀧􀀡􀀡􀀠i,.I 􀀻􀀺􀁾􀀠j • , :._J • 􀀭􀁾, J 􀁾􀀭􀀺􀀺􀀠_J n, .j􀁾􀀮􀁾􀀧􀀠, j , :.i SECTION 02105 -PRESERVATION AND PROTECTION OF PLANT MATERIALS PART 1 -GENERAL Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-I Specification Sections. apply to work 􀁯􀁾􀀠this section. 1.01 DESCRIPTION Preservation and protection of plant materials within the project site. 1.02 PROTECTION OF PLANT MATERIALS It is the intention of this specification that all plant material at this project site not specifically indicated on the plans for protection be protected and preserved. Take all necessary precautions to avoid damage or removal of trees, shrubs and other plant materials that are to remain following construction. Specimen trees and other plants within and closely adjacent to construction sites shall be adequately protected by the Contractor, according to plans and specifications. Additional protective measures may be installed by the Contractor at his option to preclude damage by his workmen and equipment. PART 2 -PRODUCTS 2.01 PLANT PROTECTION DEVICES Install protective devices in locations called for on the Drawings, subj ect to approval by the Owner, prior to beginning construction operations. Maintain protective devices in good order for the duration of the construction period. Additional protective devices or barriers, required by the Owner during the course of construction, will be added to the work by change order. Protective devices so added are to be installed immediately and shall be maintained in good condition until constrUction is concluded. PARI 3 -EXECUTION 3.01 EQUIPMENT AND MATERIAL STORAGE Do not store. stack or place equipment, material, chemicals or supplies within 25' from edge of canopy of any plant materials that are to remain. Material storage areas will be deSignated and approved by the Owner as required. No disposal of material or chemical wastes will be permitted on the site unless specifically allowed by Owner. . '''' 94315001 02105-1 3.02 REPARATION FOR DAMAGES A. Unwarranted damages to plant material shall be evaluated by a member of the OWner's staff and instructions issued for the necessary repairs. The Contractor shall accomplish the corrective work as ordered, or may, at his option, provide monetary reimbursement by change order reduction to the contract. The value established by the OWner will be final and shall be based on repairs by a qualified technician approved by the OWner. Plant material destroyed or removed by the Contractor or damaged beyond corrective repair will be evaluated and assessed as outlined above for reparable damage. In the event large irreplaceable plants are destroyed, the Owner will establish a fair value and may, at his discretion, require replacement by installation of several trees or other plants equaling the fair value of the tree(s) or plant(s) destroyed. B. The value of plant materials will be determined utilizing $1,000.00 per tree. -1, C. Plants considered to be of special value to the completed project -j area noted on the plans and their values cited. Noted plant values will supersede values obtained through the above-referenced formula calculation. Source for determination of value on plant materials: _ 1 Shade Tree Eyaluation -International Arborists Association. -1 3.03 PLANT PRUNING AND LIMB REMOVAL Plant protection requirements cited above include authorized pruning and cutting of limbs and major roots. The Contractor is cautioned not to cut, prune or otherwise remove plant parts without prior approval and guidance by the OWner. Major limb removal which may be required by construction shall be approved prior to such removal and shall be accomplished by technicians trained and skilled in the work. 3.04 BURNING Fires and/or burning are prohibited. unless approved and permitted th"9ugb , the Town of Addison. ' END OF SECTION , j l !94315001 02105-2 : j SECTION 02272 -GABIONS PART 1 -GENERAL Drawings and general prOV1S10ns of Contract, including General and Supplementary Conditions and Division-l Specification Sections, apply to work of this section. 1.1 DESCRIPTION A. Gabion structures consist of rectangular, compartments, galvanized or galvanized and PVC coated, wire baskets filled with stone used to build earth retaining and erosion control structures such as: retaining walls, channel linings, slope protection, bridge revetments, headwalls for pipes, weirs, and flexible aprons. PART 2 -PRODUCTS 2.1 Gabions shall be of the size and type called for on the plans, or as otherwise approved, or approved equal. Gabions shall consist of uniform, hexagonal-shaped wire mesh, woven in a double twist pattern with openings approximately 3-1/4" x 4-1/2". The mesh shall be fabricated in such a manner as to be non-raveling and to provide the required flexibility and strength. 2.2 Assembled gabions will form a rectangular structure with a minimum thickness of twelve inches (12"). The base, ends, and sides are to be either woven into a single unit, or one edge of these members connected to the base section of the unit in such a manner that the strength and flexibility at the point of connection is approximately equal to that of the mesh. The lid for revet or special gabions may be of separate construction. Where the length of the gabion exceeds it horizontal width, the gabion shall be divided into cells of approximately equal size by diaphragms, using mesh of the same type and gauge as the body of the gabion. The length of the cell shall not exceed its horizontal width. The diaphragm panels shall be secured in proper position on the base in such a manner that no additional tying is necessary. All perimeter edges of the wire mesh forming the body. ends and diaphragm panels shall have a heavier gauge wire woven into the edge of the mesh panel. All cut eQges of the mesh panels forming the sides, and ends and diaphragms shall:_ be securely attached to a heavier gauge selvedge wire by a minimum of two complete turns of the wire mesh around the selvedge wire. 2.3 All wire used in the construction of gabions , including tie wire-, shall conform to: ASTM A8353-91 and ASTM A64l. Minimum zinc coating shall be tested in accordance with ASTM A90-91. all testing of wire diameters shall be prior to fabrication. All wire baskets shall be gray PVC coated. A. PVC Wire used in the construction of gabions with a thickness ofl2" 􀁾􀀯􀀠or greater, shall meet the requirements of galvanized gabions and che follOWing: 943150010 02272-1 1 . l Nominal Diameter Weight of Nominal PVC Zinc Coating Mesh Wire 0.1063" 0.80 .02165" Min. ozs./sq.ft. 0.015" Selvage Wire 0.1338" 0.85 .02165" Min. ozs./sq.ft. 0.015" Tie Wire 0.0866" 0.70 .02165" Min. 1 ozs./sq.ft. 0.015" '1Tie wire shall be supplied for securely fastening the gabions during jall steps of assembly and construction. Tie wire shall be included with the gabions in sufficient quantity for tying all gabion baskets in accordance with the specifications. No other wire except of the ]type supplied with the gabions may be used. Gabions furnished by a manufacturer shall be of uniform size and subject to dimension tolerance limits of ± 5%. the gabions shall be J certified by a notarized, sworn affidavit of the manufacturer showing compliance with the specification requirements. B. Gabion Rock used to fill the gabions shall be hard, durable, well graded, in sizes as specified below for the particular application. Prior to placing the rock, samples shall be delivered to the site 1 and shall be approved for gradation and appearance by the engineer. I Gabion Height Application Gradation 12", 18", 36" Slope Protection 3" to 4-1/4" Channel Linings -􀁾􀀠Toe Walls 12", 18", 36" Retaining Walls, Drop 3" to 6" Structures, Vertical exposed faces of other structures C. Geotextile Fabric for use as a filter media, when specified on. the plans, shall be placed along the gabion structure as shown in the plans. the fabric to be used shall be Mirafi 140N. ,. D. Granular Filter Media, when specified on the plans, shall be placed to the limits as shown on the plans. Granular filter media shall' consist of 1-1/2" crushed stone backfill. PART 3 -EXECUTION 3.1 The gabions shall be placed in accordance with the size, type, and alignment as shown on the plans. PVC coated gabions shall be used in the areas as specified and shown on the plans. The placement of the gabions 􀁾􀀯􀀠shall be in close conformity to the line and grade shown on the plans.and -,cross-sections and shall be in strict accordance with these Ispecifications. 􀁾􀀠J I· " ·1 943150010 02272-2 . I U j A. Fabric Placement After excavation to grade has been performed, the geotextile fabric, when specified on the plans, shall be in place to the limits as shown on the plans. Care shall be taken not to place the fabric exceeding the limits shown on the plans. adjacent pieces of filter fabric shall be overlapped a minimum of eighteen inches (IS"). Fabric shall be secured, when necessary, by pins or other suitable means before placing the gabions. Excess fabric protruding pait the finished gabions shall be cut off. B. Gabion Assembly Gabions are assembled by first unfolding the baskets on a hard, flat surface and stamping out all kinks. Fold up the front, back, and end panels and fasten the panels together with the projecting heavy gauge selvage wire by twisting the selvage wire around the selvage wire of the other panel two (2) complete turns. Fold the inner diaphram panels up and secure in the same manner. Tie all edges of the diaphragms and end panels to the sides of the gabion by the tying method as specified below. C. Tying Method PROPER TYING OF THE GABIONS AT ALL STEPS IN THE ASSEMBLY AND CONSTRUCTION IS CRITICAL TO THE PERFORMANCE OF THE FINISHED GABION STRUCTURE. 1. Gabions must be tied in the specified manner at each step of construction: a. Initial assembly b. Tying to adjacent gabions along all contacting edges c. Tying of lid to sides d. Tying of lid to top of diaphragms e. Retying of the cut gabion 2. All tying of gabions shall be performed in the following manner: Cut a length of tie wire approximately five feet'. (5') long. Secure the tie wire onto the gabion at one eria by looping and twisting the tie wire together. Then proceed tying with double loops (made at the same point) every five inches (5") apart. The basket pieces should be pulled tightly together during the tying operation. Secure the othe'r end of the tie wire by again looping and twisting the tie wire around itself. No other wire except of the type supplied 􀁾􀁩􀁴􀁨􀀠the gabions may be used to tying the gabions. 943150010 02272-3 D. Gabion Placement After the gabions have been assembled. the gabions shall be then placed in position empty and shall be tied together in the specified manner, each to its neighbor along all contacting edges in order to form a continuous connecting structural unit. Gabions three feet (3') high and gabions of less height in a wall, that are to be placed in a straight row, are to be stretched in the following manner before being tied to the adj acent gabions : Tie together approximately one hundred feet (100') of gabions end to end. Fill one gabion cellon the end to hold the row in place or tie the end gabion cell to an existing already filled gabion. The row of gabions is then stretched with a come-a-long. or other suitable means until the row of gabions is stretched sufficiently to remove all kinks. DO NOT OVERSTRETCH. A frame or other suitable means shall be used to avoid deformation of the end cell when stretching the gabions. While maintaining tension, tie the row of gabions to its neighbor along all contacting edges in the specified manner. Gabions that are placed as a toe wall or on slopes or as a channel lining would not normally require stretching unless necessary to maintain alignment. '1 J 1d E. Filling the Gabions IT IS CRITICAL TO THE PERFORMANCE OF THE FINISHED GASION STRUCTURE THAT THE CABIONS ARE FILLED TO THEIR MAXIMUM 􀁾􀁉􀁔􀁈􀀠THE VOIDS IN THE GASION MINIMIZED. 1 1 When the assembled empty gabion baskets have been installed and tied together, the gabions shall then be filled in the following manner: 1. The gabions may be filled by machine, but shall be filled in layers or lifts not exceeding twelve inches (12"), Care shall be taken when placing the rock into the gabions to insure that the gabions are not damaged or bent. Do not drop rock from a height greater than three feet (3'). Suitable sized and appropriate machinery will help prevent damage to the gabipns during the filling operation. Edges of gabions and diaphragms may be protected when necessary by tying steel 􀁲􀁥􀁩􀁮􀁦􀁯􀁲􀁣􀁥􀁾􀁥􀁮􀁴􀀠to the edges of the gabions or other suitable guard mechanisms to prevent damage or deformation of the gabions , ,• 2. After each twelve inch (12") layer of rock has been placed in the cell. sufficient manipUlation of the rock s/-,itl1 be performed to minimize voids and result in a maximum deL ity of the rock in the gabion. 􀁾􀀱􀀠􀁾􀀯􀀠_1 , J 94315001D 02272·4 NOTE: Retaining walls shall have a rock in vertical outside faces placed by hand with select large rock in order to achieve the best appearance. In retaining walls and other vertical surfaces, care shall be taken that the gabions when completed, do not bulge outward and that the rows are straight, level, and have square corners. 3. Gabions that are three feet (3') high, shall have a looped inner tie wire installed in each cell connecting the fro;t and back faces and any unsupported face every twelve inches (12") of vertical height. Individual cells may not be filled more than twelve inches (12") above any adjacent cell unless looped inner tie wires run in both directions. 4. Each gabion shall be filled to its maximum, which is slightly higher than the sides, then the surface smoothly leveled minimized the amount of voids. Horizontal top surfaces in high water velocity areas or impact areas such as weirs or culvert aprons shall have large select rock placed on the top layer with extra care taken to insure a maximum fill. F. Closing the Gabions After the rock has been leveled, the lids shall then be pried down and over with a bar or lid closing tool until the edge of the lid and the edge of the gabion are together. It should require a light stretching in order to being the two gabion pieces together. The heavy projecting selvedge wire of the lid shall then be twisted around the heavy selvedge wire on the sides two (2) complete turns. The lid shall then be tied to the sides of the gabions shall also be tied together, each to its neighbor along all contacting edges of the adjacent gabions to insure the formation of a continuous, connecting structural unit. Special attention shall be given that all projecting sharp ends of wire are turned in on the completed gabion structure. G. Cutting the Gabions Gabions may be cut to form curves or bevels. Overlap the cut pi,eces and re-tie in the specified manner, Re-tying shall be in a manner ' so as to produce a closed cell when completed, Excess mesh wire shall be cut off or or shall be tightly and neatly laced down. Gare shall be taken that all projecting wire ends are turned inwards or cut off. 943150010 02272 -5 3.2 QUALITY CONTROL -1 1 Proper tying of the gabions during all steps of construction and the gabions being filled to their maximum density with a minimum amount of voids is critical to the performance of finished gabion structure. IATherefore, compliance with the technical specifications shall be closely and thoroughly inspected. be rejected. Any work not meeting the implied quality shall END OF SECTION '1 <:1 '1J 􀁾􀁾􀀠] ] '1 j 1< I --) i , 1 ,,J 􀀼􀁾􀀠j .' ,• ] '1 'I t!t= 􀁾􀀠.5215 :-=t .. :;" I !-, r-s· 􀁾􀀮􀀠, , ) -t.O II .. u 1=>0 .,.. 􀀧􀁉􀁉􀁾􀀠􀁾􀀠)JIi::::."}D -, " tl) rDt. l. aua-tu ltad.. It h .-.11, ....... J IN 10 )lI'CNI fA W "Up 10M 44 II " ..uiANd s. 􀁾􀀠 til W .. thE t ...1iq. 􀀮􀁾􀀮􀀢􀀬􀀮􀀮􀁵􀀠_lip'" 1'_ ul\l&1 ..b ... dIU 1_ .....u ..... t\4I en-6f C:WOD _ till_"of ... J.... (Z) 1 tmt.. f,' 111. ). bdI • ".4 -. 1 JIll! • "" "". 943150010 02273·5 1 ! SECTION 03300 -CONCRETE PART 1 -GENERAL 􀁾􀀱􀀠r,. , Furnish and place concrete of the type indicated on the Drawings in accordance with Town of Addison standards and the following requirements. PART 2 -􀁐􀁒􀁏􀁄􀁾􀁃􀁔􀁓􀀠2.1 MATERIALS A. Cement 1. Use cement conforming to ASTH C 150 Type I. unless authorized to use Type III. 2. Meet ASTH specifications for weight variations and length of storage. Use no caked cement. Deliver in bags for site-mixed concrete. Use only one brand of cement in anyone structure. B. Water. Furnish clean water, free from harmful amount of oils. acids. alkalis or other damaging substances. C. Coarse Aggregate. Provide aggregates conforming to A5TH C 33. Unless otherwise specified. use standard size from No. 4 to 1-1/2 inch and modify only in accordance with the following. Supply aggregate not larger than 1/5 of the narrowest dimension between sides of forms. nor larger than 3/4 of minimum clear spacing between reinforcing bars. D. Fine Aggregate. Provide fine aggregate meeting the requirements of .' ASTH C 33. E. Air Entraining Admixtures. Use an air entraining admixture conforming with ASTH C 260. Air entrained shall be 4 percent., F. Reinforcing Steel . ,• 1. Use new billet steel bars, Grade 60. conforming to ASTHA 615. Provide bars manufactured by the open hearth process.. When. placed in work. steel must be free from dirt, scale, rust, paint, oil. and other harmful materials. 2. Where shown use welded fabric meeting the requirements .of ASTH A 82. Supply the gage and spacing shown, with longitudinal and transverse wires electrically welded together at poin\:s of intersection, using welds strong enough not to be br()ken 􀁾􀁩􀀠during handling and plaCing. Weld and fabricate fabric sheets to meet the requirements of ASTM A 185. 943150010 03300-1 3. Submit manufacturer's certificates giving properties of steel and supply specimens, free of cost, for testing when required. G. Ready Mix Concrete. Provide ready mix concrete meeting the requirements of ASTM C 94 and ACI 301. H. All concrete shall have a 28 day compressive strength of 3000 psi unless otherwise specified and shall be a 5 sack cement mix minimum. Slump shall be in accordance with Table 1. If concrete is conveyed by pumping or pneumatic equipment, take slump tests at discharge end. Minimum slump is waived for concrete used in sloping construction. TABLE I SLUMP FOR VARIOUS KINDS OF CONSTRUCTION Kind of Construction Slump, (inches)* Maximum Minimum Substructure Walls or Keys 5 3 Footing, Slabs, Walls 4 2 Concrete Slope Paving 2 1 , I * For Concrete to be Vibrated , i 2.2 QUALITY OF CONCRETE A. Field Tests. Test cylinders or beams will be made in numbers required to maintain a check on the strength of the concrete. Provide and maintain curing facilities as required in ASTM C 31. Moisture tests of aggregate will be made at sufficient intervals for accurate batching and proportioning. B. Applicable Standards. Meet ASTM standards for sampling and test.ing. Use ASTM C 42 for test cores. C. Tests on High Early Strength Cement. Apply normal Portland cement 7-day and 28-day tests and meet minimum strengths required at 3 or 7 days. ' D. Failure to Meet Specifications. Should 7·day or 3-day test strengths, as applicable for type of cement being used, fail to meet established strength standards, extended curing or resumed curing on those portions of structure represented by test specimens may be required. Should additional curing fail to give required stre*gth, strengthening or replacement of portions of structure which fail to ;,/develop required strength could be required at no change in the contract sum. 943150010 03300-2 E. Slump. Slump of concrete, as determined by ASTM C 143, shall be two inches maximum and one inch minimum. PART 3 -EXECUTION 3.1 CONSTRUCTION 1 Dress slopes and other areas to be protected to the line and grade i indicated On the Drawings. 3.2 YORK CONDITIONS 1 A. Timing. Mix concrete in quantities required for immediate use, and place concrete within 1 hour after start of mixing. Clock-stamp delivery ticket of all batches with time of mixing at ready-mix :1 plant. B. Yeather. Yhen adverse weather conditions affect quality of :1 concrete, postpone the work. Do not place concrete when the air temperature is at or below 40' F and falling. Concrete may be placed when temperature is at 35' and rising. Take temperature ]readings in the shade away from artificial heat. If authorized for placement during cold weather, place concrete in accordance with PCA Standard, Design and Control of Concrete Mixtures. Protect concrete Jfrom temperatures below 32" F until the concrete has cured for a minimum of 3 days at 70" F F or 5 days at 50' F. ,3.3 CONCRETE : :, A. Concrete shall be placed in compliance with the details and to the dimensions indicated on the Drawings. Unless otherwise indicated by a note on the Drawings, reinforce concrete slope paving using bar reinforcement. B. The spacing of bar reinforcement shall not exceed 18 inches in each direction and the distance from the edge of concrete to the first parallel bar shall not exceed 6 inches. C. Bending. Bend reinforcing steel to required shapes while 􀁳􀁴􀁥􀁥􀁾􀀠is ,•cold. Excessive irregularities in bending will be cause