ORDER NO. 31849 CONTRACT WITH PROSOUTH CONSTRUCTION, INC. Came to be heard this the 27th day of September, 2010, with a motion made by Commissioner Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4 -0 -0 to: Approve Contract with ProSouth Construction, Inc. in the amount of $297,635.00 for repairs to Flat Rock Lake Dam and Ingram Dam, to include the language as provided by the County Attorney, and authorize County Judge to sign same. e COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Commissioner Williams OFFICE: Precinct Two MEETING DATE: Sept. 27, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve contract with ProSouth Construction, Inc., in the amount of $297,635 for repairs to Flat Rock Lake Dam and Ingram Dam. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING COURT: Commissioner Williams ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. SOUfix CONSTRUCTION 9901 IH 10 WEST SUITE 800 SAN ANTONIO, TX 78230 OFFICE 210- 682 -9000 FAX 210 - 682 -9005 September 3, 2010 Ken County Commissioners Court Attn: Judge Pat Tinley 700 Main St. Kerrville, TX 78028 Re: Project:Flat Rock Dam and Ingram Dam Concrete Cap Void Grouting Contract Amount: $297,715.00 Dear Judge Pat Tinley, We request that you send all contract proceeds earned and to be earned under our contract with you directly to our project disbursing administrator, SureTec Information Systems, Inc. at the following address: ProSouth Construction, Inc. CIO Sure Tec Information Systems, Inc. Attn: Funds Disbursement Dept. 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 '.. (866) 732-0099 Your checks will still be made payable to us. This directive may only be changed by written consent of our surety, SureTec Insurance Company. Your signature below, indicating your agreement to make payment in this manner, is a condition to our Surety's execution of our performance and payment bonds on this project. Thank you for your cooperation this regard. You may receive a follow up phone call or e -mail from SureTec to confirm these instructio and answer any questions you may have. We are looking forward to a very succe ful project. I 1 , 2 ProSouth Construction II . J it it t rr C o ,,, A i ) ?o 5...rc / Cc �. QS �. 1�O ktrt.A ,Sc' /.sr.Ys C I a rtn /' President (A/: e./ens h hut' C,ow.1 /!e I( apses Ij Ndrw.leJS kerc arts cc: SureTec Information Systems, Inc. - Scott Olson ;n i i 0.6-1 / I / Ce ron, s�/,. CJ Q: '11:n Art. JSA:L /on Agreement and Acknowledgment: n ^ I ( / a AJ.s pt.d to t /cc. Obligee: Kerr County Commissioners Court '' IP SOUIH �...... CONSTRUCTION t B 7-2010 By: ri epresentative Date Pat Tinley, Kerr County Judge Title 5 30- 792 -2211 / Phone Number / email address BASE BID ITEM DESCRIPTIONS Pay Item 1 and A -1 "Mobilization and Demobilization" 1. Measurement: No measurements are required. 2. Payment: Payment for mobilization and demobilization shall be at the cost bid per lump sum (LS), which payment shall be full compensation for mobilization and demobilization and all incidentals necessary to provide a completed project. The amount bid for mobilization and demobilization shall include all incidental items necessary to complete the work as planned. Cost for bonds shall also be included in this pay item as a subsidiary. Pay Item 2 and A -2 trout Plant Operation" 1. Measurement: Grout plant operation shall be measured by the hour for each hour the pump and grout plant are processing /delivering grout. 2. Payment: Payment for grout operations shall be at the unit cost bid per hour (HR), which payment shall constitute full compensation for all costs of furnishing the labor, equipment, and materials (excluding cement) for: handling, mixing, monitoring, cleanup, and superintendence for pumping grouts into the voids located beneath the concrete caps of the dams and into the drill holes described in Item 3. Grout material shall be paid separately under Item 4. Pay Item 3 and A -3 "Grout Hole Drilling Concrete" 1. Measurement: Measurement shall be the actual number of holes drilled and grouted as directed by Engineer. 2. Payment: Payment for grout hole drilling concrete shall be at the cost bid per each (EA), which payment shall constitute full compensation for all costs of furnishing the labor, equipment, cleanup and materials for: drilling grout holes approximately 8 inches deep through the concrete structure. Grout material shall be paid separately under Item 4. Pay Item 4 and A -4 "Portland Cement for Grout" 1. Measurement: Measurements shall be the actual number of bags of cement used as directed by the Engineer. 2. Payment: Payment for portland cement for grout material shall be at the cost bid per bag (BAG), which payment shall constitute full compensation for all costs of purchasing, hauling, and handling each 94 pound bag utilized in the grouting operation. This item shall also include anti - washout additive and non - shrink additive. Unopened /unused bags shall be returned to the supplier at no cost to the Owner. Pay Item 5 and A - 5 "Care of Water" 1. Measurement: No measurements are required. 2. Payment: Payment for care of water shall be at the cost bid per lump sum (LS), which payment shall constitute full compensation for all costs of sandbags or other containment measures around voids and to accommodate the waste materials from grouting operations. This item shall also include handling /diverting /pumping any water interfering with grout operations including diversions necessary to perform work on the spillway. Bid Proposal 00300 -4 ALTERNATE BID ITEM DESCRIPTIONS Alternate Pay Item 6 and A -6 "Sand for Grout" 1. Measurement: Measurements shall be the actual number of one hundred weights of sand used as directed by the Engineer. 2. Payment: Payment for sand for grout material shall be at the cost bid per one hundred weight (CWT), which payment shall constitute full compensation for all costs of purchasing, hauling, and handling each CWT of sand utilized in the grouting operation. Unused sand shall be returned to the supplier at no cost to the Owner. NOTE: Bidder, upon Award, shall provide Payment and Performance Bonds in accordance with State of Texas statutes depending upon the amount of the Bid. Cost of bonds shall be included in Item 1 as a subsidiary cost. The undersigned bidder will execute the Contract Agreement within fifteen (15) calendar days after receiving a Notice of Award and will furnish approved bonds and insurance as required by the Contract Documents for the faithful performance of the Contract. The attached bid security in the amount of five (5) percent of the amount bid is to become the property of the Owner as liquidated damages for the delay and additional work caused by the failure of the bidder to enter into a contract in the event the Contract Agreement and bonds are not executed within fifteen (15) calendar days. The undersigned agrees to substantially complete all work covered by these Contract Documents within 90 consecutive calendar days from the day established for the start of the work in a written Notice to Proceed. Final Completion of the project shall be achieved within 30 days of the Substantial Completion date. The date established for the start of work will be not less than ten (10) days and not more than thirty (30) days after the date of the Contract Agreement, except by mutual agreement of the Owner and the Contractor. Receipt is acknowledged of the following addenda: DATE BY 7/26/10 DAVID SAB Addendum No. 1 7/26/10 DAVID SAB Addendum No. 2 7/26/10 DAVID SAB Addendum No. 3 7/26/10 DAVID SAB Addendum No. 4 7/26/10 DAVID SAB Addendum No. 5 7/26/10 DAVID SAB Addendum No. 6 SUBMITTED on JULY 26,2010 , 2010 State Contractor License No. If BIDDER is: An Individual B y (SEAL) (Individual's Name) doing business as Business address: Phone No.: Bid Proposal 00300 -5 A Partnership By (SEAL) Firm Name) Pat Tinley, Kerr County Judge (General Partner) Business address: 700 Main Street Kerrville, TX 78028 Phone No.: 830- 792 -2211 A Corporation By PROSOUTH CONSTRUCTION,INC. (SEAL) (Corporation Name) TEXAS e I corporation) By a (SEAL) (Name o Person Authorized to Sign) PRESIDENT (Title) (Corporate Seal) Attest (Secretary) Business address: 9910 IH -10 WEST STE 800 SAN ANTONIO, TX 78230 Phone No.: 210 682 - 9000 Bid Proposal 00300 -6 A Joint Venture B y (SEAL) (Name) (Address) B y (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). NOTE:Do not detach bid forms from other papers. Fill in with ink and submit complete with attached papers. Bid Proposal 00300 -7 00300 BID PROPOSAL Date: July 26, 2010 PROPOSAL OF _ PROSOUTH CONSTRUCTION, INC. , a Corporation organized and existing under the laws of the State of TX , a partnership consisting of , the business name of , an individual. TO: Kerr County c/o Commissioners Court 700 Main Street Kerrville, Texas 78028 PROPOSAL FOR: Flat Rock Dam and Ingram Dam Concrete Cap Void Grouting The undersigned Bidder has carefully examined the Invitation for Bids, Instructions to Bidders, this Proposal, the Supplemental Conditions, the form of Contract Agreement and Bonds, the General Conditions of the Agreement, the Specifications, the Drawings, and the site of the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other facilities to complete fully all the work as provided in the Contract Documents; and will execute the contract and bonds in the Contract Documents upon formal acceptance of his Proposal for the following prices: BASE BID ITEMS FLAT ROCK DAM ITEM Unit Bid Price in Dollars and Name of Pay Item Unit Quantity Words AMOUNT BID $32,600.00 1 Mobilization and LS 1 THIRTY -TWO THOUSAND Demobilization SIX HUNDRED Dollars and ZERO Cents Per Unit $32,600.00 $103.200 2 Grout Plant Operation HR 250 ONE HUNDRED THREE Dollars and TWENTY_ Cents Per Unit $25,800.00 $10.435 TEN Dollars and 3 Grout Hole Drilling Concrete EA 575 FORTY -THREE AND FIVE TENTHS Cents Per Unit $6,000.00 $8.500_ 4 Portland Cement for Grout BAG 8,250 EIGHT Dollars and FIFTY Cents Per Unit $70,125.00 $21,000.00 5 Care of Water LS 1 TWENTY -ONE THOUSAND Dollars and ZERO Cents Per Unit $21,000.00 Flat Rock Dam Total Base Bid (Bid Items 1 through 5) $155,525.00 Bid Proposal 00300-1 BASE BID ADD ITEMS FLAT ROCK DAM ITEM Unit Bid Price in Dollars and Name of Pay Item Unit Quantity Words AMOUNT BID $8.000 6 Sand for Grout CWT 5,340 EIGHT Dollars and ZERO_Cents Per Unit $42,720.00 Flat Rock Dam TOTAL Base Bid with Add Items (Bid Items 1 -6) $198,245.00 ALTERNATE BID ITEMS INGRAM DAM ITEM Unit Bid Price in Dollars and Name of Pay Item Unit Quantity Words AMOUNT BID $15,000.00 A -1 Mobilization and LS 1 FIFTEEN THOUSAND Dollars Demobilization and _ZERO Cents Per Unit $15,000.00 $100.00 A -2 Grout Plant Operation HR 100 ONE HUNDRED Dollars and ZERO_ Cents Per Unit $10,000.00 $13.208 A -3 Grout Hole Drilling Concrete EA 265 THIRTEEN Dollars and TWENTY AND EIGHT TENTHS Cents Per Unit $3,500.00 $10.677 A -4 Portland Cement for Grout BAG 3,250 TEN Dollars and SIXTY SEVEN AND SEVEN TENTH Cents Per Unit $34,700.00 $15,000.00 A -5 Care of Water LS 1 FIFTEEN THOUSAND Dollars and ZERO Cents Per Unit $15,000.00 Ingram Dam Total Alternate Bid (Bid Items A -1 through A -5) $78,200.00 Bid Proposal 00300-2 ALTERNATE BID ADD ITEMS INGRAM DAM ITEM Unit Bid Price in Dollars and Name of Pay Item Unit Quantity Words AMOUNT BID $ A -6 Sand for Grout CWT 2,190 NINE Dollars and SIXTY -SEVEN AND SIX TENTHS Cents Per Unit $21,190.00 Ingram Dam TOTAL Alternate Bid with Add Items (Bid Items A -1 through A -6) $99,390.00 Bid Proposal 00300 -3 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non - resident bidders. This law provides that, in order to be awarded a contract as low bidder, non- resident bidders (out -of -state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non - resident bidder in order to obtain a comparable contract in the state in which the non - resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out -of -state or non - resident bidders in order for your bid to meet specifications. The failure of out -of -state or non - resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non - resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non - resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. X Our principal place of business or corporate offices are in the State of Texas: BIDDER: PROSOUTH CONSTRUCTION INC. By: DAVID SAB Company 'lease print) 9910 IH -10 WEST STE 800 Signature: Q4,.._ at N SAN ANTONIO TX 78230 Title: PRESIDENT dy fate Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR BID Bid Proposal 00300 -8 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Material incorporated into the Project (resold to the Owner as defined in Tax Code) $ All other charges and costs $ Total * $ * The total must equal the total amount of the Contract. CONTRACTOR: 7 PROSOUTH CONSTRUCTION, INC. By: _ .�.�� h� Company (please print) (sig - ure o autho z-: pe son 9910 IH -10 WEST STE 800 Title: PRESIDENT Address SAN ANTONIO, TX 78230 City State Zip THIS FORM SHALL BE EXECUTED AT TIME OF EXECUTION OF CONTRACT AND MADE A PART OF THE CONTRACT. Note: 1. The Total Amount of Bid for Materials and Services must equal the sum of the Total Amount Bid for Materials and the Total Amount Bid for Services as well as the sum of all individual bid items. 2. Materials are those items which are tax exempt and are physically incorporated into the facilities constructed for the OWNER. Materials include, but are not limited to, purchased items such as pipe, embedment, concrete, manholes, asphalt, roadbase, machinery, and equipment, etc. 3. Services are those items which are not tax exempt and are used by the CONTRACTOR but are not physically incorporated into the OWNER'S facilities and /or items that are consumed by construction. Services include, but are not limited to, supplies, tools, concrete forms, scaffolding, temporary buildings, the rental of equipment, skill, and labor, etc. Bid Proposal 00300-9 l I - /� SO b CZ )NSJ RUC 9901 IH 10 WEST SUITE 800 SAN ANTONIO, TX 78230 OFFICE 210 - 682 -9000 FAX 210- 682 -9005 September 3, 2010 Kerr County Commissioners Court Attn: Judge Pat Tinley 700 Main St. Kerrville, TX 78028 Re: Project:Flat Rock Dam and Ingram Dam Concrete Cap Void Grouting Contract Amount: $297,715.00 Dear Judge Pat Tinley, We request that you send all contract proceeds earned and to be earned under our contract with you directly to our project disbursing administrator, SureTec Information Systems, Inc. at the following address: ProSouth Construction, Inc. CIO SureTec Information Systems, Inc. Attn: Funds Disbursement Dept. 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 (866) 732 -0099 Your checks will still be made payable to us. This directive may only be changed by written consent of our surety, SureTec Insurance Company. Your signature below, indicating your agreement to make payment in this manner, is a condition to our Surety's execution of our performance and payment bonds on this project. Thank you for your cooperation in this regard. You may receive a follow up phone call or e -mail from SureTec to confirm these instructions and answer any questions you may have. We are looking forward to a very successful project. ProSouth Construction I, . ti President cc: SureTec Information Systems, Inc. - Scott Olson Agreement and Acknowledgment: Obligee: Kerr County Commissioners Court /-1 SOU - H CC),'V57 h L C 170N By: / '\L----- 10Q 0 utho zed Representative Date Pat Tinley, Kerr County Judge Pk- 792 -221 Phone Number / email address ACORO I DATE(MMIDOT(YYY) � 8/6/2010 PRODUCER (210) 402 -0288 FAX: (210) 402 -4032 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance One Agency, L.C. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 601 Embassy Oaks HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Antonio TX ,78216 -2019 II INSURERS AFFORDING COVERAGE • NAIL # INSURED - -' -- INSAtER A ATIieri Cd First 12696 _ ProSo uth Construction, Inc. -- u r a Federal Insurance C n -�- INSUNER B OmFfa y I z6zs1 9901 IN 10 West, Suite #800 - -- - -- INSURER O: INSJRER ' —__ -- San Antonio TX 78230 - - -- - -- I INSURER E: COVERAGES • THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TFE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREJN i5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'ADDi •. _. -.. - 1 TR NSRR TYPE ILITY IIiANDF POLICY NUMBER HATE ibmittNNYY'Yp POLICY EXPIRATION p'I LAMS - - GENERAL LIABILITY EACH OCCURRENCE 1$ 1 000 t 000 ER COMMERCIAL GENAL LIAaLITY MMAG €Ip RN:ffED X L- - - PREMISES (Ea p $ 100 000 A X __, I C ALMS MADE I X I OCCUR SL2041772 11(13/2009 11/13/2010 e MED Eq.(Any one p erson) $ 5 .. __....____ PERSONAL d PDV INJURY 8 1, 000 000 GENERAL 5 _._ 2,00 I GENL AGGREGATE LIMIT APPLIES PER - ' -' - -- -- -- PRODUCTS POLICY j a, PRO. . .__.� _oc w : s 2 000, 00 AUTOMOBILE LIABILITY X i. ANY AUTO COMBINED SINGLE LIMIT (Fa accident) s 1,006,000 A X U A OWNED AUTOS II�� $ .__ -. �4CC2157053 2/8/2010 2/8/2011 • __ -- BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS - . - - -__ __ — NO :BODILY INJURY $ O OWNED AUTOS - (PH anodes() .— - _______ i PROPERTY AMAGE per accident) i $ GARAGE LIABILITY 1 1 AUTOONLY - EAACCIDENT S ANY AUTO .._ ... _. _ OTHER THAN EA ACC S 1 AUTO ONLY .. ... _. n - AGG j S EXCESS/ UMBRELLA LIABILITY ! EACH OCCURRENCE ;S 2 000 000 1 . 1 OCCUR CLAIMS MADE _ AGGREGATE t - -- 8 2 t $ A CEAUCiiSLE " - - -- fru137776eo '5/1/2010 '11/13/2010 X WO PKER R!S(CETENTISA 5 16,000 COMPENSATION - - - - -_ g DYERS' LIABILITY WC C C LOTH E RIETOR/PARTN£ECUT,VE ` YIX J TORY CCIDE.- I FR __._ OFFICER/MEMBER EXCLUDED? I EL EACH AACCIDENT g (Mandatory in NH) _ -_- Ryes, describe under '1 L DISEASE - EA EMPLOYEE S _ _ SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT IS 1 OILIER Inland Marine 45464798 6/26/2010 6 26 2011 / / Misc. cantraotora $25,000 • Yquipment DESCRIPTION OF OPERATIONS I LOCATIONS I VENICLESI EXCLVSIONS ADDED BY OIDORSEMENT ISPECIAJ. PROVI$ONS Certificate Bolder and Rerx County are named as Additional Insured on the GL 6 AL policies shown. In addition, a waiver of subrogation exists In favor Certificate Bolder and Herr County for the GL & AL policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRSED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Freese and Nichols, Inc. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 50 SHALL 4055 International Plaza IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Suite #200 _ REPRESENTATIVES. Fort Worth, TX 76109 AUTHORIZED REPRESENTATIVE S. Michael Edge /Doc a _ -�� ACORD 28(2009/01) ®1988 ACORD CORPORATION. All rights reserved. 1N5026 (200001).01 The ACORD name and logo are registered marks of ACORD i As?Ro® CERTIFICATE OF LIABILITY INSURANCE DATEIMMNNYVYY) 08/04/'2070 PRODUCER 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION T RUSSEL L INSURANCE SERVICES, INC. ONLY AND CONFERS 140 RIGHTS UPON THE CERTIFICATE 8137 LYNDON 8 JOHNSON FWY S - €ti 750 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DALLAS, TX 75251 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - -- - -. - — INSURERS AFFORDING COVERAGE NAM ft _ MSURED INSURER A ULL CO CASUALTY COMPANY 37893 CORPSOL, INC. , INSURER B: .- -�-- -- 2Q32 ORCHID AVENUE _ INSURER C: ___ -- - -� - -- _— k. MCALLEN, TX 78504 I INSURERO: I .. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE. SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSA AO&L STRAIN= TYPE OF NGNRANGF POLICY NUMBER TTE fNNEDD/Y1 YI R P T 1 LIMITS ,GENERAL LIABILITY I YY i EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY ( DAMAGE TO RENTED" I Pfl MI$ES eaWM1V4e) $ _ CLAMS MADE I OCCUR MEDEXP(Any one person) $ I PERSONAL A ADV INJURY $ I GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS COMPIOPAGG $ POLICY JFfO.T I LOC .__. _ _. • AUIDMOBI.ELIABNITY —1 ANY AUTO : (Ea eccitle SINGLE LIMB $ ALL OWNED AUTOS I - SCHEDULEDAUTOSROOKY JURY S _ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Par accident) $ I I PeOPPER DAMAGE $ • II GARAGEIJpBILfIV AUTO ONLY FA ACCIDENT $ _ ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG'$ I EXCESS /UMBPELLA LIABILILIABILITY ALTIY N OCCURRENCE _J OCCUR I I GANSMADE I AGGREGATE I; S r - I DEDUCTIBLE RETENTION $ 1 1$ WORKERS CW.pENBATION WCSTATU 1 0TH AND EMPLOYERSMAMMY Y/N X TORY LNITSI L ANY PROPRIETOWPARTNERGXECUTNE EL EACH ACCIDENT S 1,00Q000 A OFFICER/MEMBER PE EMBER EXCLUDED? I I U0436000001 -710 7/20/2010 7/20/2011 r (Mandatory InNH) , E.L. DISEASE EA EMPLOYEE) $ 1,000,000 II Yes.Oaxripe wtler SPECIAL PflOVISION$°Mpv EL DISEASE - POLICY LBAIT 1 $ 1.000.000 OTHER I i DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEIBLIES /EXCLUSIONS ADDED SY ENDORSEMENT/ SPECIAL PROVISIONS COVERAGE IS EXTENDED TO THE LEASED EMPLOYEES OF ALTERNATE EMPLOYER (TEXAS OPERATIONS ONLY): PRO SOUTH CONSTRUCTION, INC. #PRO THIS CERTIFICATE APPLIES TO KERR COUNTY PROJECT #KRC10157. WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER, FREESE AND NICHOLS. INC., KERR COUNTY (OWNER), FREESE AND NICHOLS, INC. (ENGINEER), ITS OFFICERS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVEDESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING NSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN FREESE AND MICRONS, INC. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 4055 INTERNATIONAL. PLAZA, 81,11 I E 200 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FORT WORTH, TX 76109 REPRESENTATNES. AUTHORQEDREPUIESENTATIYE ACORD 25 (2009/01) ® 1988 -2009 ACORD CORPORATION. AIL rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 00 0313 POLICY (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE: Freese and Nichols, Inc., Kerr County (Owner), Freese and Nichols, Inc. (Engineers), its Officers, Employees, Agents, and Subconsultants 4055 International Plaza, Suite 200 Fort Worth, TX 76109 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. UPE0436000001 -110 Endorsement No. Insured: Corpsol, Inc. (Pro South Construction, Inc. - Texas Operations Only) Premium Insurance Company: Ulhco Casualty Company WC 000313 (Ed. 4 -84) 0 1983 National Council on Compensation Insurance 00500 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF Kerr § THIS AGREEMENT, made and entered into this_13th_ day of September A.D., 2010_, by and between Kerr County Commissioners Court of the County of Kerr and State of Texas, acting through Judge Pat Tinley thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and ProSouth Construction, Inc. of the City of San Antonio, County of Bexar and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Flat Rock Dam and Ingram Dam Concrete Cap Void Grouting and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Supplementary Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the Plans, which includes alt maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by FREESE AND NICHOLS, INC., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Supplementary Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this Contract, such payments to be subject to the General and Supplementary Conditions of the Contract. No assignment by a party hereto of any rights under or interests in the Contract will be binding an another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Contract Agreement 00500 -1 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: Party of the First Part, OWNER ey ature Pat Tinley, Kerr County Judge Name and Title (please type or print) (SEAL) ATTEST: rty of the Second Part, CONTRACTOR By Signa ure DAVID SAB, PRESIDENT Name and Title print) (please type or (SEAL) Contract Agreement and Bonds 00500 -2 LPE 11 -14 -03 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity nee questionnaire reason ramps made to the tow by era. tot, eras Leg. Ro wr Sewn CFFICEUSEONEY This questionnaire is being Mled in accordance with Chapter 176. Local Government Code yr ,a st by a Per's who has a business relationship as defined by Section 176.0010-al with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed wgh the remands admi issasy local governmental entity not later than the 7th business day aprr the date the person becomes aware of facts that require the statement to be filed. See Section 170.006, Loral Government Code A person mrrerits an offense W the person knowingly violates Section 176.006. Local Goverment Code. An offense under this section is a Class C — ' - meant J tame of person who has a business relationship with local governmental entity. tWA ❑ Check this box if you are Hine an update tcapreviously tied questionnaire_ (The law requires that you file an updated completed questionnaire with the appropriate filing authority nda later than the 70 business day after the date the reign.' dy fled questiormthe becomes immrple a or 'excrete.) at Nano of local government officer with whom tiler has employment or business relationship. Name of Ofbaer This section them 3 uhckidkip subparts A. B, C & 0) must be completed fa each offices wish whom the filer has an employment a otter business relationship as defined by Section 176.001(1 -2L Local Gove miners Code. Mach additorw pages to this Form CIO as necessary. A. Is the brat government officer named in this section mewing or likely to reoeve taxable income, offer than investment acme. Morn the filer of the questionnaire? Q Yes El No B. Is the tier cite questionnaire receiving or Rey 10 re:e a Wade ihcome. other than investment income, from or at the &Mien of the Axe government officer named in this section AND the taxable income s not recerred Mon the boa gnemmen ai entity? ED Yes E1 No C. Is the filer cf this questionnaire employed by a corporation or of business entity with respect to which the Iota government citron sates as ai ofxxr or citrate a hods an ownership of 10 percent or none? ri Yes n No 0- Desorme each employment or business refatastio with ate local government wafer named in this section. N/A 7 /2 - &A ca siglare ct Wsan song =bee *MI she gummier eitt PJY Adopted De :2g±2007 Bid Proposal 00300 -10 KERR COUNTY CONSTRUCTION SPECIFICATIONS, BID DOCUMENTS AND CONTRACT DOCUMENTS FOR FLAT ROCK DAM AND INGRAM DAM CONCRETE CAP VOID GROUTING ISSUED FOR BID JULY 2010 % % %%%% OF 7,1 M. LESLIE •° M. LESLIE BO YD i i 0 - o , • ,p F 39453 a � ce• • m/ S T E- \+ 11 1 ION�L • 7 -f - /V Prepared by rill NICHOL Texas Registered Engineering Firm F -2144 Freese and Nichols, Inc. 10814 Jollyville Road Building 4, Suite 100 Austin, Texas 78759 KERR COUNTY FLAT ROCK DAM AND INGRAM DAM CONCRETE CAP VOID GROUTING TABLE OF CONTENTS DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS 00020 Invitation for Bids 00100 Instructions to Bidders 00300 Bid Proposal 00450 Statement of Qualifications 00500 Contract Agreement 00610 Performance Bond 00615 Payment Bond 00700 General Conditions 00800 Supplementary Conditions 00900 Addenda DIVISION 1 GENERAL REQUIREMENTS 01005 Definitions and Terminology 01010 Summary of Work 01021 Mobilization and Demobilization 01040 Quality Requirements 01041 Job Management 01130 Measurement and Payment 01400 Quality Control 01800 Forms DIVISION 3 CONCRETE 03350 Pressure Grouting Voids Beneath Dam Concrete Cap Table of Contents TOC -1 INVITATION FOR BIDS Kerr County is soliciting bid proposals for the construction of the following project: Flat Rock Dam and Ingram Dam Concrete Cap Void Grouting The above referenced project is being re -bid. Bid proposals must be delivered to County Courthouse, County Clerk, 700 Main St., Kerrville, Texas no later than 9:00 a.m. on July 26, 2010 to be accepted. The bid proposals will be publicly opened and read aloud at this time and place. Bids received after this time will be returned unopened. Address bid proposals to Mr. Pat Tinley, County Judge, Kerr County. All previous plans and specifications are voided. To submit a bid, Contract Documents must be obtained electronically from Freese and Nichols, Inc. Freese and Nichols, Inc. 10814 Jollyville Rd., Bldg 4, Suite 100 Austin, Texas 78759 (512) 617-3100 Attention: M. Leslie Boyd, P.E. mlb(Mreese.com There is no cost for Contract Documents. A pdf file will be sent electronically to bidders providing a request and a valid email address. Addenda will also be issued electronically and email read receipts will be used to verify receipt of the documents. Bid proposals must be submitted in hard copy form, as stated above. Contract Documents are on file and may be examined without charge in the offices of the Kerr County Courthouse, 700 Main St., Kerrville, Texas. No pre -bid conference for the project will be held. Bidders are required to visit the dam sites. Direct questions regarding distribution of Contract Documents for this project to the Freese and Nichols Austin office at (512) 617 -3100. Direct questions related to the design of the project to M. Leslie Boyd, P.E. at (512) 617 -3100. This project includes void grouting beneath concrete caps on two dams in Kerrville. Bidders must submit a cashier's check, certified check, or acceptable bidder's bond with their bid proposal as a guarantee that the Bidder will enter into a contract for the project with the Owner within fifteen (15) days of Notice of Award of the contract. The security must be payable to Kerr County in the amount of five (5 %) percent of the bid submitted. Contractor must execute the contract, bonds and certificates of insurance on the forms provided in the Contract Documents. Contractors for this Project must pay no less than the prevailing wage rates for the area established by the Owner and included in the contract documents. Performance and Payment Bonds are required. Kerr County reserves the right to adopt the most advantageous interpretation of the bids submitted. In the case of ambiguity or lack of clearness in stating bid proposal prices, Kerr County reserves the right to reject any or all bids, and /or waive formalities. Bids may not be withdrawn within sixty (60) days from date on which bids are opened. Kerr County Judge Pat Tinley Invitation for Bids 00020 -1 00100 INSTRUCTIONS TO BIDDERS 1.00 GENERAL 1.01 DEFINED TERMS Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions. 1.02 QUALIFICATIONS OF BIDDERS A. Submit documentation within five (5) days of Owner's request to demonstrate that the Contractor is qualified by experience and capability to successfully construct the project within the Contract Time and for the Contract Amount. Include the following information: 1. Qualifications and experience of the Bidders, including key personnel to be assigned to the project. 2. Qualifications and experience of Subcontractors. 3. Qualifications of manufacturers proposed to furnish the principal items of material or equipment. 4. Financial data consisting of audited financial statements for the last five years. 5. Previous experience and present contracts. 6. List of available equipment. 7. Evidence of authority to conduct business in the jurisdiction where the project is located. B. Owner may conduct investigations as considered necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents, to Owner's satisfaction, and within the prescribed time. Owner may reject the Bid of any Bidder who does not meet any such evaluation to Owner's satisfaction. 1.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. Examine Contract Documents, make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents and consider these in preparation of a bid for the project. 1. Read the Contract Documents and related technical data and reports thoroughly. Use a complete set of Contract Documents in preparing Bids. Assume responsibility for errors or misinterpretations resulting from the use of partial or incomplete contract documents. 2. Visit the site to become familiar with general, local and site conditions that may affect cost, progress or performance of the work in any manner. 3. Become familiar with federal, state and local laws, ordinances, rules and regulations affecting cost, progress or performance of the work. B. Surveys and investigation reports of subsurface or latent physical conditions at the site, or conditions or situations affecting the design of the Project used by the Engineer in preparing the Contract Documents are referenced in the Supplementary Conditions. 1. These reports are available for information only and neither the Owner nor Engineer guarantees their accuracy or that any opinions expressed in the report are correct. 2. Make additional surveys and investigations as necessary to determine the bid price for performance of the work in compliance with the terms of the Contract Documents before submitting a bid. 3. Cost for these investigations is to be paid by the Bidders. C. Acknowledge sole responsibility for job site safety, including trench excavation and confined space entry safety, by the submission of a Bid for this project. Instructions to Bidders 00100 -1 D. A non - mandatory prebid conference for the project will be held on May 26, 2010 at 11:00 a.m. at the County Courthouse in the Commissioner's courtroom. E. The submission of a Bid is incontrovertible representation by the Bidder that he has complied with every requirement of this Section. 1.04 INTERPRETATIONS Submit all questions about the meaning or intent of the Contract Documents to the Engineer in writing. Replies are issued by Addenda to all parties recorded by Engineer as having received the bidding documents. Only questions answered by formal written Addenda are binding. Oral and other interpretations or clarifications will be without legal effect. Questions received less than two days prior to the date for opening of Bids may not be answered. 1.05 BID SECURITY A. Submit a bid security in the amount of five (5 %) percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute Performance and Payment Bonds on the forms included in the Contract Documents if awarded the contract. B. Acceptable Bid security are: 1. Certified or cashier's check made payable to the Owner. 2. An approved Bidder's Bond underwritten by a surety named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. C. Bid securities will be returned to bidders when the contract award is made or bids are rejected. 1.06 CONTRACT TIME This project is to be substantially complete (ready for operation) within 90 consecutive calendar days from the date of the notice to proceed. Final Completion of the project shall be achieved within 30 days of the Substantial Completion date. Liquidated damages are set forth in the Supplementary Conditions. 1.07 BID FORM A. Submit bids on the Bid forms provided with the Contract Documents for each contract Bid. Include supplemental data to be furnished in the same sealed envelope with Proposal. B. Bid forms must be completed in ink. The Bid price of each item on the form must be stated in words and /or numerals. Words take precedence in case of a conflict. In the case of a conflict between the unit price indicated and the extended amount shown, the unit price indicated multiplied by the stated quantity shall govern. C. Execute bids by corporations in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. Affix the corporate seal and attest by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. D. Execute bids by partnerships in the partnership name. Forms are to be signed by a partner. Print the name below the signature. Write the title of the Partner and show the official address of the partnership shown below the signature. E. Acknowledge receipt of all Addenda on the bid form by signing beside the Addenda number. Instructions to Bidders 00100 -2 1.08 SUBMISSION OF BIDS Submit bids at the time and place indicated in the Invitation for Bids. Submit bids in a sealed envelope, marked with the Project title and name and address of the Bidder. Include the bid security and other required documents in the envelope. 1.09 MODIFICATION AND WITHDRAWAL OF BIDS Modify or withdraw bids by submitting an appropriate document executed in the manner that a Bid must be executed. Deliver the modification or withdrawal to the place where Bids are to be submitted at any time prior to the opening of Bids. 1.10 OPENING OF BIDS A. Bids will be opened as indicated in the Invitation for Bids. B. All Bids shall remain open for the period of time set forth in the Invitation for Bids, but Owner may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 1.11 AWARD OF CONTRACT A. Owner may reject Bids, waive formalities, or disregard nonconforming, conditional Bids or counter proposals. B. Owner may consider the following in evaluating the bids and awarding the contract: 1. Contractor's qualifications and ability to demonstrate current capability to complete the project in conformance with the requirements of the contract documents. 2. Compliance of the Bids with requirements of the Contract Documents 3. Alternates and unit prices if requested in the Bid forms. 4. The amount bid. C. The contract will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates that the award will be in the best interests of the Project if a contract is to be awarded. D. Each Bidder agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. 1.12 EXECUTION OF CONTRACT A. The successful Bidder must execute the formal Contract Agreement and required Bonds on the forms prepared and submitted by the Owner within fifteen (15) days after the Notice of Award. B. A Notice to Proceed authorizing the Contractor to commence work will be issued after the Contract Documents have been executed. 1.13 WAGE RATES Contractor must pay no less than the general prevailing rates for the Project location. The minimum rates for various labor classifications are included in the Contract Documents. Instructions to Bidders 00100 -3 GENERAL DECISION: TX20100125 03/12/2010 TX125 Date: March 12, 2010 General Decision Number: TX20100125 03/12/2010 Superseded General Decision Number: TX20080125 State: Texas Construction Type: Highway Counties: Aransas, Atascosa, Austin, Bandera, Bastrop, Bee, Blanco, Burnet, Caldwell, Calhoun, Colorado, De Witt, Fayette, Frio, Gillespie, Goliad, Gonzales, Jackson, Jim Wells, Karnes, Kendall, Kerr, Kleberg, Lavaca, Lee, Live Oak, Llano, Mason, Matagorda, Medina, Refugio, Wharton and Wilson Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 SUTX2005 -023 09/08/2005 HEAVY CONSTRUCTION PROJECTS HIGHWAY CONSTRUCTION PROJECTS Rates Fringes Carpenter $ 11.70 Mechanic $ 12.18 Asphalt Distributor Operator $ 12.57 Asphalt paving machine operator $ 11.60 Asphalt Raker $ 10.63 Asphalt Shoveler $ 9.23 Broom or Sweeper Operator $ 9.32 Bulldozer operator $ 11.69 Concrete Finisher, Paving $ 11.64 Concrete Finisher, Structures $ 10.23 Concrete Rubber $ 9.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $ 12.00 Flagger $ 8.60 Form Builder /Setter, Structures $ 10.51 Form Setter, Paving & Curb $ 9.48 Instructions to Bidders 001004 Foundation Drill Operator, Truck Mounted $ 14.58 Front End Loader Operator $ 10.62 Laborer, common $ 8.91 Laborer, Utility $ 9.21 Motor Grader Operator Fine Grade $ 15.15 Motor Grader Operator Rough $ 12.95 Pavement Marking Machine Operator $ 13.32 Pipelayer $ 9.71 Roller Operator, Pneumatic, Self- Propelled $ 8.90 Roller Operator, Steel Wheel, Flat Wheel /Tamping $ 9.30 Roller Operator, Steel Wheel, Plant Mix Pavement $ 10.59 Scraper Operator $ 9.85 Servicer $ 11.18 Spreader Box Operator $ 13.00 Traveling Mixer Operator $ 12.67 Truck Driver Single Axle Heavy $ 10.87 Truck Driver Single Axle, Light $ 10.85 Truck driver, lowboy -Float $ 13.70 Truck Driver, Tandem Axle, Semi - Trailer $ 10.05 Work Zone Barricade Servicer $ 9.63 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1)(ii)). Instructions to Bidders 00100 -5 1.14 BONDS Performance and Payment Bonds are required for this project and shall be provided in accordance with the General Conditions. 1.15 SALES TAXES The Owner qualifies as an exempt agency as defined by the statutes of the State of Texas. Owner's purchasing department will issue exemption certificates. Comply with all statutes and rulings of the State Comptroller. 1.16 ALTERNATE BID ITEMS [NOT USED] END OF SECTION Instructions to Bidders 00100 -6 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute EJCDC No. 1910 -8 (1996 Edition) 00700 - 1 • Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 00700 - 6 1.01 Defined Terms 00700 - 6 1.02 Terminology 00700- 8 ARTICLE 2 - PRELIMINARY MATTERS 00700 - 9 2.01 Delivery of Bonds 00700 - 9 2.02 Copies of Documents 00700 - 9 2.03 Commencement of Contract Times; Notice to Proceed 00700 - 9 2.04 Starting the Work 00700 - 9 2.05 Before Starting Construction 00700 - 9 2.06 Preconstruction Conference 00700 - 10 2.07 Initial Acceptance of Schedules 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 00700 - 10 3.01 Intent 00700 - 10 3.02 Reference Standards 00700 - 11 3.03 Reporting and Resolving Discrepancies 00700 - 11 3.04 Amending and Supplementing Contract Documents 00700 - 11 3.05 Reuse of Documents 00700 - 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 00700 - 12 4.01 Availability of Lands 00700 - 12 4.02 Subsurface and Physical Conditions 00700 - 12 4.03 Differing Subsurface or Physical Conditions 00700 - 12 4.04 Underground Facilities 00700 - 13 4.05 Reference Points 00700 - 14 4.06 Hazardous Environmental Condition at Site 00700 - 14 ARTICLE 5 - BONDS AND INSURANCE 00700 - 15 5.01 Performance, Payment, and Other Bonds 00700 - 15 5.02 Licensed Sureties and Insurers 00700 - 15 5.03 Certificates of Insurance 00700 - 15 5.04 CONTRACTOR's Liability Insurance 00700 - 16 5.05 OWNER's Liability Insurance 00700 - 16 5.06 Property Insurance 00700 - 17 5.07 Waiver of Rights 00700 - 17 5.08 Receipt and Application of Insurance Proceeds 00700 - 18 5.09 Acceptance of Bonds and Insurance; Option to Replace 00700 - 18 5.10 Partial Utilization, Acknowledgment of Property Insurer 00700 - 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 00700 - 19 6.01 Supervision and Superintendence 00700 - 19 6.02 Labor; Working Hours 00700 - 19 6.03 Services, Materials, and Equipment 00700 - 19 6.04 Progress Schedule 00700 - 19 6.05 Substitutes and "Or- Equals" 00700 - 19 6.06 Concerning Subcontractors, Suppliers, and Others 00700 - 21 00700 - 3 6.07 Patent Fees and Royalties 00700 - 22 6.08 Permits 00700 - 22 6.09 Laws and Regulations 00700 - 22 6.10 Taxes 00700 - 22 6.11 Use of Site and Other Areas 00700 - 22 6.12 Record Documents 00700 - 23 6.13 Safety and Protection 00700 - 23 6.14 Safety Representative 00700 - 23 6.15 Hazard Communication Programs 00700- 24 6.16 Emergencies 00700 -24 6.17 Shop Drawings and Samples 00700 - 24 6.18 Continuing the Work 00700 - 25 6.19 CONTRACTOR's General Warranty and Guarantee 00700 - 25 6.20 INDEMNIFICATION 00700 - 25 ARTICLE 7 - OTHER WORK 00700 - 26 7.01 Related Work at Site 00700 - 26 7.02 Coordination 00700 - 27 ARTICLE 8 - OWNER'S RESPONSIBILITIES 00700- 27 8.01 Communications to Contractor 00700 - 27 8.02 Replacement of ENGINEER 00700 - 27 8.03 Furnish Data 00700 27 8.04 Pay Promptly When Due 00700 - 27 8.05 Lands and Easements; Reports and Tests 00700 - 27 8.06 Insurance 00700 - 27 8.07 Change Orders 00700 - 27 8.08 Inspections, Tests, and Approvals 00700 - 27 8.09 Limitations on OWNER 's Responsibilities 00700 - 27 8.10 Undisclosed Hazardous Environmental Condition 00700 - 27 8.11 Evidence of Financial Arrangements 00700 - 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 00700 - 28 9.01 OWNER'S Representative 00700 - 28 9.02 Visits to Site 00700 - 28 9.03 Project Representative 00700 - 28 9.04 Clarifications and Interpretations 00700 - 28 9.05 Authorized Variations in Work 00700 - 28 9.06 Rejecting Defective Work 00700 - 28 9.07 Shop Drawings, Change Orders and Payments 00700 - 28 9.08 Determinations for Unit Price Work 00700 - 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 00700 - 29 9.10 Limitations on ENGINEER's Authority and Responsibilities 00700 - 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 00700 - 29 10.01 Authorized Changes in the Work 00700 - 29 10.02 Unauthorized Changes in the Work 00700 - 30 10.03 Execution of Change Orders 00700 - 30 10.04 Notification to Surety 00700 - 30 10.05 Claims and Disputes 00700 - 30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 00700 - 31 11.01 Cost of the Work 00700 - 31 00700 - 4 11.02 Cash Allowances 00700 - 32 11.03 Unit Price Work 00700 - 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 00700 - 33 12.01 Change of Contract Price 00700 - 33 12.02 Change of Contract Times 00700 - 34 12.03 Delays Beyond CONTRACTOR's Control 00700 - 34 12.04 Delays Within CONTRACTOR's Control 00700 - 34 12.05 Delays Beyond OWNER's and CONTRACTOR's Control 00700 - 34 12.06 Delay Damages 00700 - 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 00700 - 34 13.01 Notice of Defects 00700 - 35 13.02 Access to Work 00700 - 35 13.03 Tests and Inspections 00700 - 35 13.04 Uncovering Work 00700- 35 13.05 OWNER May Stop the Work 00700 - 35 13.06 Correction or Removal of Defective Work 00700 - 36 13.07 Correction Period 00700 36 13.08 Acceptance of Defective Work 00700.- 36 13.09 OWNER May Correct Defective Work 00700 - 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 00700 - 37 14.01 Schedule of Values 00700 - 37 14.02 Progress Payments 00700 - 37 14.03 CONTRACTOR's Warranty of Title 00700 39 14.04 Substantial Completion 00700 - 39 14.05 Partial Utilization 00700 39 14.06 Final Inspection 00700.40 14.07 Final Payment 00700 - 40 14.08 Final Completion Delayed 00700 - 40 14.09 Waiver of Claims 00700 41 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 00700 - 41 15.01 OWNER May Suspend Work 00700 - 41 15.02 OWNER May Terminate for Cause 00700 - 41 15.03 OWNER May Terminate For Convenience 00700 - 41 15.04 CONTRACTOR May Stop Work or Terminate 00700 - 42 ARTICLE 16 - DISPUTE RESOLUTION 00700 - 42 16.01 Methods and Procedures 00700 - 42 ARTICLE 17 - MISCELLANEOUS 00700 - 42 17.01 Giving Notice 00700 - 42 17.02 Computation of Times 00700 - 42 17.03 Cumulative Remedies 00700 - 42 17.04 Survival of Obligations 00700 - 42 17.05 Controlling Law 00700 - 43 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.01 Defined Terms 10. Claim - -A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract A. Wherever used in the Contract Documents and Price or Contract Times, or both, or other relief with printed with initial or all capital letters, the terms listed respect to the terms of the Contract. A demand for below will have the meanings indicated which are money or services by a third party is not a Claim. applicable to both the singular and plural thereof. 11. Contract —The entire and integrated written 1. Addenda -- Written or graphic instruments agreement between the OWNER and CONTRACTOR issued prior to the opening of Bids which clarify, concerning the Work. The Contract supersedes prior correct, or change the Bidding Requirements or the negotiations, representations, or agreements, whether Contract Documents. written or oral. 2. Agreement--The written instrument which is 12. Contract Documents- -The Contract Documents evidence of the agreement between OWNER and establish the rights and obligations of the parties and CONTRACTOR covering the Work. include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including 3. Application for Payment- -The form acceptable documentation accompanying the Bid and any post Bid to ENGINEER which is to be used by CONTRACTOR documentation submitted prior to the Notice of Award) during the course of the Work in requesting progress or when attached as an exhibit to the Agreement, the final payments and which is to be accompanied by such Notice to Proceed, the Bonds, these General Conditions, supporting documentation as is required by the Contract the Supplementary Conditions, the Specifications and Documents. the Drawings as the same are more specifically identified in the Agreement, together with all Written 4. Asbestos- -Any material that contains more than Amendments, Change Orders, Work Change Directives, one percent asbestos and is friable or is releasing Field Orders, and ENGINEER's written interpretations asbestos fibers into the air above current action levels and clarifications issued on or after the Effective Date established by the United States Occupational Safety of the Agreement. Approved Shop Drawings and the and Health Administration. reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed 5. Bid - -The offer or proposal of a bidder submit- or hard copies of the items listed in this paragraph are ted on the prescribed form setting forth the prices for Contract Documents. Files in electronic media format the Work to be performed. of text, data, graphics, and the like that may be famished by OWNER to CONTRACTOR are not 6. Bidding Documents - -The Bidding Contract Documents. Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 13. Contract Price - -The moneys payable by OWN- ER to CONTRACTOR for completion of the Work in 7. Bidding Requirements- -The Advertisement or accordance with the Contract Documents as stated in Invitation to Bid, Instructions to Bidders, Bid security the Agreement (subject to the provisions of paragraph form, if any, and the Bid form with any supplements. 11.03 in the case of Unit Price Work). 8. Bonds -- Performance and payment bonds and 14. Contract Times- -The number of days or the other instruments of security. dates stated in the Agreement to: (1) achieve Substantial Completion; and (ii) complete the Work so that it is 9. Change Order - -A document recommended by ready for final payment as evidenced by ENGINEER's ENGINEER which is signed by CONTRACTOR and written recommendation of final payment. OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract 00700 - 6 15. CONTRACTOR - -The individual or entity with 26. Liens -- Charges, security interests, or whom OWNER has entered into the Agreement. encumbrances upon Project funds, real property, or 16. Cost of the Work - -See paragraph 11.01.A for personal property. definition. 27. Milestone - -A principal event specified in the 17. Drawings- -That part of the Contract Contract Documents relating to an intermediate comple- Documents prepared or approved by ENGINEER which tion date or time prior to Substantial Completion of all graphically shows the scope, extent, and character of the the Work. Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not 28. Notice ofAward- -The written notice by OWN - Drawings as so defined. ER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder 18. Effective Date of the Agreement - -The date with the conditions precedent listed therein, OWNER indicated in the Agreement on which it becomes effec- will sign and deliver the Agreement. tive, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the 29. Notice to Proceed- -A written notice given by last of the two parties to sign and deliver. OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which 19. ENGINEER- -The individual or entity named as CONTRACTOR shall start to perform the Work under such in the Agreement. the Contract Documents. 20. ENGINEER's Consultant - -An individual or 30. OWNER- -The individual, entity, public body, entity having a contract with ENGINEER to furnish or authority with whom CONTRACTOR has entered services as ENGINEER'S independent professional into the Agreement and for whom the Work is to be associate or consultant with respect to the Project and performed. who is identified as such in the Supplementary Conditions. 31. Partial Utilization- -Use by OWNER of a substantially completed part of the Work for the purpose 21. Field Order - -A written order issued by ENGI- for which it is intended (or a related purpose) prior to NEER which requires minor changes in the Work but Substantial Completion of all the Work. which does not involve a change in the Contract Price or the Contract Times. 32. PCBs -- Polychlorinated biphenyls. 22. General Requirements -- Sections of Division 1 33. Petroleum -- Petroleum, including crude oil or of the Specifications. The General Requirements any fraction thereof which is liquid at standard condi- pertain to all sections of the Specifications. tions of temperature and pressure (60 degrees Fahren- heit and 14.7 pounds per square inch absolute), such as 23. Hazardous Environmental Condition- -The oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, presence at the Site of Asbestos, PCBs, Petroleum, kerosene, and oil mixed with other non - Hazardous Hazardous Waste, or Radioactive Material in such Waste and crude oils. quantities or circumstances that may present a substantial danger to persons or property exposed 34. Project - -The total construction of which the thereto in connection with the Work. Work to be performed under the Contract Documents may be the whole, or a part as may be indicated 24. Hazardous Waste- -The term Hazardous Waste elsewhere in the Contract Documents. shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as 35. Project Manual- -The bound documentary amended from time to time. information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, 25. Laws and Regulations; Laws or Regulations -- which may be bound in one or more volumes, is Any and all applicable laws, rules, regulations, contained in the table(s) of contents. ordinances, codes, and orders of any and all governmen- tal bodies, agencies, authorities, and courts having 36. Radioactive Material -- Source, special nuclear, jurisdiction. or byproduct material as defined by the Atomic Energy 00700 - 7 Act of 1954 (42 USC Section 2011 et seq.) as amended tor to furnish materials or equipment to be incorporated from time to time. in the Work by CONTRACTOR or any Subcontractor. 37. Resident Project Representative- -The autho- 46. Underground Facilities - -All underground rized representative of ENGINEER who may be pipelines, conduits, ducts, cables, wires, manholes, assigned to the Site or any part thereof. vaults, tanks, tunnels, or other such facilities or 38. Samples -- Physical examples of materials, attachments, and any encasements containing such equipment, or workmanship that are representative of facilities, including those that convey electricity, gases, some portion of the Work and which establish the steam, liquid petroleum products, telephone or other standards by which such portion of the Work will be communications, cable television, water, wastewater, judged. storm water, other liquids or chemicals, or traffic or other control systems. 39. Shop Drawings - -All drawings, diagrams, illustrations, schedules, and other data or information 47. Unit Price Work- -Work to be paid for on the which are specifically prepared or assembled by or for basis of unit prices. CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 48. Work - -The entire completed construction or the various separately identifiable parts thereof required to 40. Site - -Lands or areas indicated in the Contract be provided under the Contract Documents. Work Documents as being furnished by OWNER upon which includes and is the result of performing or providing all the Work is to be performed, including rights -of -way labor, services, and documentation necessary to produce and easements for access thereto, and such other lands such construction, and furnishing, installing, and furnished by OWNER which are designated for the use incorporating all materials and equipment into such of CONTRACTOR. construction, all as required by the Contract Documents. 41. Specifications—That part of the Contract 49. Work Change Directive - -A written statement to Documents consisting of written technical descriptions CONTRACTOR issued on or after the Effective Date of of materials, equipment, systems, standards, and the Agreement and signed by OWNER and recom- workmanship as applied to the Work and certain mended by ENGINEER ordering an addition, deletion, administrative details applicable thereto. or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under 42. Subcontractor - -An individual or entity having which the Work is to be performed or to emergencies. a direct contract with CONTRACTOR or with any other A Work Change Directive will not change the Contract Subcontractor for the performance of a part of the Work Price or the Contract Times but is evidence that the at the Site. parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a 43. Substantial Completion - -The time at which the subsequently issued Change Order following Work (or a specified part thereof) has progressed to the negotiations by the parties as to its effect, if any, on the point where, in the opinion of ENGINEER, the Work Contract Price or Contract Times. (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the 50. Written Amendment —A written statement Work (or a specified part thereof) can be utilized for the modifying the Contract Documents, signed by OWNER purposes for which it is intended. The terms and CONTRACTOR on or after the Effective Date of "substantially complete" and "substantially completed" the Agreement and normally dealing with the as applied to all or part of the Work refer to Substantial nonengineering or nontechnical rather than strictly Completion thereof. construction- related aspects of the Contract Documents. 44. Supplementary Conditions - -That part of the 1.02 Terminology Contract Documents which amends or supplements these General Conditions. A. Intent of Certain Terms or Adjectives 45. Supplier - -A manufacturer, fabricator, supplier, 1. Whenever in the Contract Documents the terms distributor, materialman, or vendor having a direct "as allowed," "as approved," or terms of like effect or contract with CONTRACTOR or with any Subcontrac- import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or 00700 - 8 adjectives of like effect or import are used to describe an materials, or equipment complete and ready for action or determination of ENGINEER as to the Work, intended use. it is intended that such action or determination will be solely to evaluate, in general, the completed Work for 4. When "furnish," "install," "perform," or "pro - compliance with the requirements of and information in vide" is not used in connection with services, materials, the Contract Documents and conformance with the or equipment in a context clearly requiring an design concept of the completed Project as a functioning obligation of CONTRACTOR, "provide" is implied. whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating E. Unless stated otherwise in the Contract Documents, otherwise). The use of any such term or adjective shall words or phrases which have a well -known technical or not be effective to assign to ENGINEER any duty or construction industry or trade meaning are used in the authority to supervise or direct the performance of the Contract Documents in accordance with such recognized Work or any duty or authority to undertake meaning. responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS 13. Day 1. The word "day" shall constitute a calendar day 2.01 Delivery of Bonds of 24 hours measured from midnight to the next midnight. A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver C. Defective to OWNER such Bonds as CONTRACTOR may be required to furnish. 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, 2.02 Copies of Documents faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements A. OWNER shall furnish to CONTRACTOR up to ten of any inspection, reference standard, test, or approval copies of the Contract Documents. Additional copies will referred to in the Contract Documents, or has been be furnished upon request at the cost of reproduction. damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection 2.03 Commencement of Contract Times; Notice to thereof has been assumed by OWNER at Substantial Proceed Completion in accordance with paragraph 14.04 or 14.05). A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if D. Furnish, Install, Perform, Provide a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at 1. The word "furnish," when used in connection any time within 30 days after the Effective Date of the with services, materials, or equipment, shall mean to Agreement. In no event will the Contract Times corn - supply and deliver said services, materials, or mence to run later than the sixtieth day after the day of Bid equipment to the Site (or some other specified location) opening or the thirtieth day after the Effective Date of the ready for use or installation and in usable or operable Agreement, whichever date is earlier. condition. 2.04 Starting the Work 2. The word "install," when used in connection with services, materials, or equipment, shall mean to A. CONTRACTOR shall start to perform the Work on put into use or place in final position said services, the date when the Contract Times commence to run. No materials, or equipment complete and ready for Work shall be done at the Site prior to the date on which intended use. the Contract Times commence to ran. 3. The words "perfomi" or "provide," when used 2.05 Before Starting Construction in connection with services, materials, or equipment, shall mean to furnish and install said services, 00700 - 9 A. CONTRACTOR's Review of Contract Documents: understanding among the parties as to the Work and to Before undertaking each part of the Work, CONTRACTOR discuss the schedules referred to in paragraph 2.05.B, shall carefully study and compare the Contract Documents procedures for handling Shop Drawings and other and check and verify pertinent figures therein and all submittals, processing Applications for Payment, and applicable field measurements. CONTRACTOR shall maintaining required records. promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR 2.07 Initial Acceptance of Schedules may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any A. Unless otherwise provided in the Contract Docu- Work affected thereby; however, CONTRACTOR shall not ments, at least ten days before submission of the first be liable to OWNER or ENGINEER for failure to report Application for Payment a conference attended by CON - any conflict, error, ambiguity, or discrepancy in the TRACTOR, ENGINEER, and others as appropriate will be Contract Documents unless CONTRACTOR knew or held to review for acceptability to ENGINEER as provided reasonably should have known thereof. below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an B. Preliminary Schedules: Within ten days after the additional ten days to make corrections and adjustments Effective Date of the Agreement (unless otherwise specified and to complete and resubmit the schedules. No progress in the General Requirements), CONTRACTOR shall payment shall be made to CONTRACTOR until acceptable submit to ENGINEER for its timely review: schedules are submitted to ENGINEER. 1. a preliminary progress schedule indicating the 1. The progress schedule will be acceptable to times (numbers of days or dates) for starting and ENGINEER if it provides an orderly progression of the completing the various stages of the Work, including Work to completion within any specified Milestones any Milestones specified in the Contract Documents; and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress 2. a preliminary schedule of Shop Drawing and schedule, for sequencing, scheduling, or progress of the Sample submittals which will list each required submit- Work nor interfere with or relieve CONTRACTOR tal and the times for submitting, reviewing, and pro- from CONTRACTOR's full responsibility therefor. cessing such submittal; and 2. CONTRACTOR's schedule of Shop Drawing 3. a preliminary schedule of values for all of the and Sample submittals will be acceptable to Work which includes quantities and prices of items ENGINEER if it provides a workable arrangement for which when added together equal the Contract Price reviewing and processing the required submittals. and subdivides the Work into component parts in sufficient detail to serve as the basis for progress 3. CONTRACTOR's schedule of values will be payments during performance of the Work. Such prices acceptable to ENGINEER as to form and substance if it will include an appropriate amount of overhead and provides a reasonable allocation of the Contract Price to profit applicable to each item of Work. component parts of the Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, deliver to the other, with copies to each additional insured AMENDING, REUSE identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) 3.01 Intent which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with A. The Contract Documents are complementary; what Article 5. is called for by one is as binding as if called for by all. 2.06 Preconstruction Conference B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be A. Within 20 days after the Contract Times start to constructed in accordance with the Contract Documents. Any run, but before any Work at the Site is started, a conference labor, documentation, services, materials, or equipment that attended by CONTRACTOR, ENGINEER, and others as may reasonably be inferred from the Contract Documents or appropriate will be held to establish a working from prevailing custom or trade usage as being required to 00700 - 10 produce the intended result will be provided whether or not crepancy unless CONTRACTOR knew or reasonably specifically called for at no additional cost to OWNER. should have known thereof. C. Clarifications and interpretations of the Contract B. Resolving Discrepancies Documents shall be issued by ENGINEER as provided in Article 9. 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract 3.02 Reference Standards Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the A. Standards, Specifications, Codes, Laws, and provisions of the Contract Documents and: Regulations a. the provisions of any standard, specification, 1. Reference to standards, specifications, manuals, manual, code, or instruction (whether or not specifi- or codes of any technical society, organization, or tally incorporated by reference in the Contract association, or to Laws or Regulations, whether such Documents); or reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws orRegula- b. the provisions of any Laws or Regulations tions in effect at the time of opening of Bids (or on the applicable to the performance of the Work (unless Effective Date of the Agreement if there were no Bids), such an interpretation of the provisions of the except as may be otherwise specifically stated in the Contract Documents would result in violation of such Contract Documents. Law or Regulation). 2. No provision of any such standard, specification, 3.04 Amending and Supplementing Contract Documents manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of A. The Contract Documents may be amended to provide OWNER, CONTRACTOR, or ENGINEER, or any of for additions, deletions, and revisions in the Work or to their subcontractors, consultants, agents, or employees modify the terms and conditions thereof in one or more of the from those set forth in the Contract Documents, nor shall following ways: (1) a Written Amendment; (ii) a Change any such provision or instruction be effective to assign to Order; or (iii) a Work Change Directive. OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to B. The requirements of the Contract Documents may be supervise or direct the performance of the Work or any supplemented, and minor variations and deviations in the duty or authority to undertake responsibility inconsistent Work may be authorized, by one or more of the following with the provisions of the Contract Documents. ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpreta- 3.03 Reporting and Resolving Discrepancies tion or clarification. A. Reporting Discrepancies 3.05 Reuse of Documents 1. If, during the performance of the Work, A. CONTRACTOR and any Subcontractor or Supplier CONTRACTOR discovers any conflict, error, ambiguity, or other individual or entity performing or furnishing any of or discrepancy within the Contract Documents or between the Work under a direct or indirect contract with OWNER: (i) the Contract Documents and any provision of any Law or shall not have or acquire any title to or ownership rights in Regulation applicable to the performance of the Work or any of the Drawings, Specifications, or other documents (or of any standard, specification, manual or code, or of any copies of any thereof) prepared by or bearing the seal of instruction of any Supplier, CONTRACTOR shall report ENGINEER or ENGINEER's Consultant, including it to ENGINEER in writing at once. CONTRACTOR electronic media editions; and (ii) shall not reuse any of such shall not proceed with the Work affected thereby (except Drawings, Specifications, other documents, or copies thereof in an emergency as required by paragraph 6.16.A) until on extensions of the Project or any other project without an amendment or supplement to the Contract Documents written consent of OWNER and ENGINEER and specific has been issued by one of the methods indicated in written verification or adaption by ENGINEER. This paragraph 3.04; provided, however, that CONTRACTOR prohibition will survive final payment, completion, and shall not be liable to OWNER or ENGINEER for failure acceptance of the Work, or termination or completion of the to report any such conflict, error, ambiguity, or dis- Contract. Nothing herein shall preclude CONTRACTOR 00700 - 11 from retaining copies of the Contract Documents for record reports and drawings, but such reports and drawings are not purposes. Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or ARTICLE 4 - AVAILABILITY OF LANDS; make any Claim against OWNER, ENGINEER, or any of SUBSURFACE AND PHYSICAL CONDITIONS; ENGINEER's Consultants with respect to: REFERENCE POINTS 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, 4.01 Availability of Lands any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR, and safety precautions and programs CONTRACTOR of any encumbrances or restrictions not of incident thereto; or general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the 2. other data, interpretations, opinions, and Work. OWNER will obtain in a timely manner and pay for information contained in such reports or shown or easements for permanent structures or permanent changes in indicated in such drawings; or existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, 3. any CONTRACTOR interpretation of or if any, of any adjustment in the Contract Price or Contract conclusion drawn from any "technical data" or any such Times, or both, as a result of any delay in OWNER's other data, interpretations, opinions, or information. furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.03 Differing Subsurface or Physical Conditions B. Upon reasonable written request, OWNER shall A. Notice: If CONTRACTOR believes that any subsur- furnish CONTRACTOR with a current statement of record face or physical condition at or contiguous to the Site that is legal title and legal description of the lands upon which the uncovered or revealed either: Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or 1. is of such a nature as to establish that any construction lien against such lands in accordance with "technical data" on which CONTRACTOR is entitled to applicable Laws and Regulations. rely as provided in paragraph 4.02 is materially inaccurate; or C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary 2. is of such a nature as to require a change in the construction facilities or storage of materials and equipment. Contract Documents; or 4.02 Subsurface and Physical Conditions 3. differs materially from that shown or indicated in the Contract Documents; or A. Reports and Drawings: The Supplementary Conditions identify: 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally 1. those reports of explorations and tests of recognized as inherent in work of the character provided subsurface conditions at or contiguous to the Site that for in the Contract Documents; ENGINEER has used in preparing the Contract Docu- ments; and then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or 2. those drawings of physical conditions in or physical conditions or performing any Work in connection relating to existing surface or subsurface structures at or therewith (except in an emergency as required by paragraph contiguous to the Site (except Underground Facilities) that 6.16.A), notify OWNER and ENGINEER in writing about ENGINEER has used in preparing the Contract such condition. CONTRACTOR shall not further disturb Documents. such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such 00700 - 12 B. ENGINEER 's Review: After receipt of written notice and all court or arbitration or other dispute resolution as required by paragraph 4.03.A, ENGINEER will promptly costs) sustained by CONTRACTOR on or in connection review the pertinent condition, determine the necessity of with any other project or anticipated project. OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy 4.04 Underground Facilities to CONTRACTOR) of ENGINEER's findings and conclusions. A. Shown orindiccued; The informatjon and data shown or indicated in the Contract Documents with respect to C. Possible Price and Times Adjustments existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or 1. The Contract Price or the Contract Times, or ENGINEER by the owners of such Underground Facilities, both, will be equitably adjusted to the extent that the including OWNER, or by others. Unless it is otherwise existence of such differing subsurface or physical expressly provided in the Supplementary Conditions: condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfor- I. OWNER and ENGINEER shall not be mance of the Work; subject, however, to the following: responsible for the accuracy or completeness of any such information or data; and a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and 2. the cost of all of the following will be included in b. with respect to Work that is paid for on a the Contract Price, and CONTRACTOR shall have full Unit Price Basis, any adjustment in Contract Price responsibility for: will be subject to the provisions of paragraphs 9.08 and 11.03. a. reviewing and checking all such information and data, 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: b. locating all Underground Facilities shown or indicated in the Contract Documents, a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a c. coordination of the Work with the owners of final commitment to OWNER in respect of Contract such Underground Facilities, including OWNER, Price and Contract Times by the submission of a Bid during construction, and or becoming bound under a negotiated contract; or d. the safety and protection of all such Under - b. the existence of such condition could ground Facilities and repairing any damage thereto reasonably have been discovered or revealed as a resulting from the Work. result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required B. Not Shown or Indicated by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to 1. If an Underground Facility is uncovered. or CONTRACTOR's making such final commitment; or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable c. CONTRACTOR failed to give the written accuracy in the Contract Documents, CONTRACTOR notice within the time and as required by paragraph shall, promptly after becoming aware thereof and before 4.03.A. further disturbing conditions affected thereby or performing any Work in connection therewith (except in 3. If OWNER and CONTRACTOR are unable to an emergency as required by paragraph 6.16.A), identify agree on entitlement to or on the amount or extent, if any, the owner of such Underground Facility and give written of any adjustment in the Contract Price or Contract notice to that owner and to OWNER and ENGINEER. Times, or both, a Claim may be made therefor as provided ENGINEER will promptly review the Underground in paragraph 10.05. However, OWNER, ENGINEER, Facility and determine the extent, if any, to which a and ENGINEER's Consultants shall not be liable to change is required in the Contract Documents to reflect CONTRACTOR for any claims, costs, losses, or damages and document the consequences of the existence or (including but not limited to all fees and charges of location of the Underground Facility. During such time, engineers, architects, attorneys, and other professionals 00700 - 13 CONTRACTOR shall be responsible for the safety and 1. the completeness of such reports and drawings for protection of such Underground Facility. CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences 2. If ENGINEER concludes that a change in the and procedures of construction to be employed by Contract Documents is required, a Work Change CONTRACTOR and safety precautions and programs Directive or a Change Order will be issued to reflect and incident thereto; or document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or 2. other data, interpretations. opinions and both, to the extent that they are attributable to the information contained in such reports or shown or existence or location of any Underground Facility that was indicated in such drawings; or not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that 3. any CONTRACTOR interpretation of or CONTRACTOR did not know of and could not reasonably conclusion drawn from any "technical data" or any such have been expected to be aware of or to have anticipated. other data, interpretations, opinions or information. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any C. CONTRACTOR shall not be responsible for any such adjustment in Contract Price or Contract Times, Hazardous Environmental Condition uncovered or revealed OWNER or CONTRACTOR may make a Claim therefor at the Site which was not shown or indicated in Drawings or as provided in paragraph 10.05. Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be 4.05 Reference Points responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, A. OWNER shall provide engineering surveys to Subcontractors, Suppliers, or anyone else for whom CON - establish reference points for construction which in TRACTOR is responsible. ENGINEER's judgment are necessary to enable CON - TRACTOR to proceed with the Work. CONTRACTOR shall D. If CONTRACTOR encounters a Hazardous be responsible for laying out the Work. shall protect and Environmental Condition or if CONTRACTOR or anyone for preserve the established reference points and property whom CONTRACTOR is responsible creates a Hazardous monuments, and shall make no changes or relocations Environmental Condition, CONTRACTOR shall immedi- without the prior written approval of OWNER. ately: (i) secure or otherwise isolate such condition; (ii) stop CONTRACTOR shall report to ENGINEER whenever any all Work in connection with such condition and in any area reference point or property monument is lost or destroyed or affected thereby (except in an emergency as required by requires relocation because of necessary changes in grades or paragraph 6.16); and (iii) notify OWNER and ENGINEER locations, and shall be responsible for the accurate (and promptly thereafter confirm such notice in writing). replacement or relocation of such reference points or property OWNERshall promptly consult with ENGINEER concerning monuments by professionally qualified personnel. the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. 4.06 Hazardous Environmental Condition at Site E. CONTRACTOR shall not be required to resume Work A. Reports and Drawings: Reference is made to the in connection with such condition or in any affected area Supplementary Conditions for the identification of those until after OWNER has obtained any required permits related reports and drawings relating to a Hazardous Environmental thereto and delivered to CONTRACTOR written notice: (i) Condition identified at the Site, if any, that have been utilized specifying that such condition and any affected area is or has by the ENGINEER in the preparation of the Contract been rendered safe for the resumption of Work; or (ii) specify - Documents. ing any special conditions under which such Work may be re- sumed safely. If OWNER and CONTRACTOR cannot agree B. Limited Reliance by CONTRACTOR on Technical as to entitlement to or on the amount or extent, if any, of any Data Authorized: CONTRACTOR may rely upon the general adjustment in Contract Price or Contract Times, or both, as accuracy of the "technical data" contained in such reports and a result of such Work stoppage or such special conditions drawings, but such reports and drawings are not Contract under which Work is agreed to be resumed by Documents. Such "technical data" is identified in the CONTRACTOR, either party may make a Claim therefor as Supplementary Conditions. Except for such reliance on such provided in paragraph 10.05. "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of F. If after receipt of such written notice CONTRACTOR ENGINEER's Consultants with respect to: does not agree to resume such Work based on a reasonable 00700 - 14 belief it is unsafe, or does not agree to resume such Work ARTICLE 5 - BONDS AND INSURANCE under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condi- tion to be deleted from the Work. If OWNER and CON- 5.01 Performance, Payment, and Other Bonds TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price A. CONTRACTOR shall furnish performance and or Contract Times as a result of deleting such portion of the payment Bonds, each in an amount at least equal to the Work, then either party may make a Claim therefor as Contract Price as security for the faithful performance and provided in paragraph 10.05. OWNER may have such payment of all CONTRACTOR's obligations under the deleted portion of the Work performed by OWNER's own Contract Documents. These Bonds shall remain in effect at forces or others in accordance with Article 7. least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or G. To the fullest extent permitted by Laws and by the Contract Documents. CONTRACTOR shall also Regulations, OWNER shall indemnify and hold harmless furnish such other Bonds as are required by the Contract CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Documents. Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any B. All Bonds shall be in the form prescribed by the of them from and against all claims, costs, losses, and Contract Documents except as provided otherwise by Laws or damages (including but not limited to all fees and charges of Regulations, and shall be executed by such sureties as are engineers, architects, attorneys, and other professionals and named in the current list of "Companies Holding Certificates all court or arbitration or other dispute resolution costs) of Authority as Acceptable Sureties on Federal Bonds and as arising out of or relating to a Hazardous Environmental Acceptable Reinsuring Companies" as published in Circular Condition, provided that such Hazardous Environmental 570 (amended) by the Financial Management Service, Surety Condition: (i) was not shown or indicated in the Drawings or Bond Branch, U.S. Department of the Treasury. All Bonds Specifications or identified in the Contract Documents to be signed by an agent must be accompanied by a certified copy included within the scope of the Work, and (ii) was not of such agent's authority to act. created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph C. If the surety on any Bond furnished by CON - 4.06.E shall obligate OWNER to indemnify any individual or TRACTOR is declared bankrupt or becomes insolvent or its entity from and against the consequences of that individual's right to do business is terminated in any state where any part or entity 's own negligence. of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days H. To the fullest extent permitted by Laws and thereafter substitute another Bond and surety, both of which Regulations, CONTRACTOR shall indemnify and hold shall comply with the requirements of paragraphs 5.01.B and harmless OWNER ENGINEER ENGINEER's Consultants, 5.02. and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from 5.02 Licensed Sureties and Insurers and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, A. All Bonds and insurance required by the Contract attomeys, and other professionals and all court or arbitration Documents to be purchased and maintained by OWNER or or other dispute resolution costs) arising out of or relating to CONTRACTOR shall be obtained from surety or insurance a Hazardous Environmental Condition created by companies that are duly licensed or authorized in the CONTRACTOR or by anyone for whom CONTRACTOR is jurisdiction in which the Project is located to issue Bonds or responsible. Nothing in this paragraph 4.06.F shall obligate insurance policies for the limits and coverages so required. CONTRACTOR to indemnify any individual or entity from Such surety and insurance companies shall also meet such and against the consequences of that individual's or entity's additional requirements and quali fications as may be provided own negligence. in the Supplementary Conditions. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are 5.03 Certificates of Insurance not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and 00700 - 15 maintain. OWNER shall deliver to CONTRACTOR, with ENGINEER'S Consultants, and any other individuals or copies to each additional insured identified in the Supple- entities identified in the Supplementary Conditions, all of mentary Conditions, certificates of insurance (and other evi- whom shall be listed as additional insureds, and include dence of insurance requested by CONTRACTOR or any other coverage for the respective officers, directors, partners, additional insured) which OWNER is required to purchase employees, agents, and other consultants and and maintain. subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional 5.04 CONTRACTOR's Liability Insurance insureds shall provide primary coverage for all claims covered thereby; A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work 2. include at least the specific coverages and be being performed and as will provide protection from claims written for not less than the limits of liability provided in set forth below which may arise out of or result from the Supplementary Conditions or required by Laws or CONTRACTOR'S performance of the Work and Regulations, whichever is greater; CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed by 3. include completed operations insurance; CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any 4. include contractual liability insurance covering of the Work, or by anyone for whose acts any of them may be CONTRACTOR's indemnity obligations under para- liable: graphs 6.07, 6.11, and 6.20; 1. claims under workers' compensation, disability 5. contain a provision or endorsement that the benefits, and other similar employee benefit acts; coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior 2. claims for damages because of bodily injury, written notice has been given to OWNER and occupational sickness or disease, or death of CONTRACTOR and to each other additional insured CONTRACTOR's employees; identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the 3. claims for damages because of bodily injury, certificates of insurance furnished by the CONTRACTOR sickness or disease, or death of any person other than pursuant to paragraph 5.03 will so provide); CONTRACTOR's employees; 6. remain in effect at least until final payment and 4. claims for damages insured by reasonably at all times thereafter when CONTRACTOR may be available personal injury liability coverage which are sus- correcting, removing, or replacing defective Work in tained: (i) by any person as a result of an offense directly accordance with paragraph 13.07; and or indirectly related to the employment of such person by CONTRACTOR or (ii) by any other person for any other 7. with respect to completed operations insurance, reason; and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final 5. claims for damages, other than to the Work itself, payment (and CONTRACTOR shall furnish OWNER and because of injury to or destruction of tangible property each other additional insured identified in the Supple - wherever located, including loss of use resulting mentary Conditions, to whom a certificate of insurance therefrom; and has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance 6. claims for damages because of bodily injury or at final payment and one year thereafter). death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 5.05 OWNER's Liability Insurance B. The policies of insurance so required by this A. In addition to the insurance required to be provided by paragraph 5.04 to be purchased and maintained shall: CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may purchase and maintain at OWNER's 1. with respect to insurance required by paragraphs expense OWNER's own liability insurance as will protect 5.04.A.3 through 5.04.A.6 inclusive, include as additional OWNER against claims which may arise from operations insureds (subject to any customary exclusion in respect of under the Contract Documents. professional liability) OWNER, ENGINEER, 00700 - 16 5.06 Property Insurance CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's A. Unless otherwise provided in the Supplementary Consultants, and any other individuals or entities identified Conditions, OWNER shall purchase and maintain property in the Supplementary Conditions, each of whom is deemed to insurance upon the Work at the Site in the amount of the full have an insurable interest and shall be listed as an insured or replacement cost thereof (subject to such deductible amounts additional insured. as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and 1. include the interests of OWNER, CONTRAC- maintained in accordance with paragraph 5.06 will contain a TOR, Subcontractors, ENGINEER, ENGINEER's provision or endorsement that the coverage afforded will not Consultants, and any other individuals or entities identi- be canceled or materially changed or renewal refused until at flied in the Supplementary Conditions, and the officers, least 30 days prior written notice has been given to OWNER directors, partners, employees, agents, and other and CONTRACTOR and to each other additional insured to consultants and subcontractors of each and any of them, whom a certificate of insurance has been issued and will each of whom is deemed to have an insurable interest and contain waiver provisions in accordance with paragraph 5.07. shall be listed as an additional insured; D. OWNER shall not be responsible for purchasing and 2. be written on a Builder's Risk "all -risk" or open maintaining any property insurance specified in this peril or special causes of loss policy form that shall at paragraph 5.06 to protect the interests of CONTRACTOR, least include insurance for physical loss or damage to the Subcontractors, or others in the Work to the extent of any Work, temporary buildings, false work, and materials and deductible amounts that are identified in the Supplementary equipment in transit, and shall insure against at least the Conditions. The risk of loss within such identified deductible following perils or causes of loss: fire, lightning, extended amount will be borne by CONTRACTOR, Subcontractors, or coverage, theft, vandalism and malicious mischief, others suffering any such loss, and if any of them wishes earthquake, collapse, debris removal, demolition property insurance coverage within the limits of such occasioned by enforcement of Laws and Regulations, amounts, each may purchase and maintain it at the water damage, and such other perils or causes of loss as purchaser's own expense. may be specifically required by the Supplementary Conditions; E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance 3. include expenses incurred in the repair or policies provided under paragraph 5.06, OWNER shall, if replacement of any insured property (including but not possible, include such insurance, and the cost thereof will be limited to fees and charges of engineers and architects); charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at 4. cover materials and equipment stored at the Site the Site, OWNER shall in writing advise CONTRACTOR or at another location that was agreed to in writing by whether or not such other insurance has been procured by OWNER prior to being incorporated in the Work, OWNER. provided that such materials and equipment have been included in an Application for Payment recommended by 5.07 Waiver of Rights ENGINEER; A. OWNER and CONTRACTOR intend that all policies 5. allow for partial utilization of the Work by purchased in accordance with paragraph 5.06 will protect OWNER; OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or 6. include testing and startup; and entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, 7. be maintained in effect until final payment is directors, partners, employees, agents, and other consultants made unless otherwise agreed to in writing by OWNER, and subcontractors of each and any of them) in such policies CONTRACTOR, and ENGINEER with 30 days written and will provide primary coverage for all losses and damages notice to each other additional insured to whom a certifi- caused by the perils or causes of loss covered thereby. All cate of insurance has been issued. such policies shall contain provisions to the effect that in the B. OWNER shall purchase and maintain such boiler and event of payment of any loss or damage the insurers will have machinery insurance or additional property insurance as may no rights of recovery against any of the insureds or additional be required by the Supplementary Conditions or Laws and insureds thereunder. OWNER and CONTRACTOR waive all Regulations which will include the interests of OWNER, rights against each other and their respective officers, 00700 - 17 directors, partners, employees, agents, and other consultants and shall distribute it in accordance with such agreement as and subcontractors of each and any of them for all losses and the parties in interest may reach. If no other special damages caused by, arising out of or resulting from any of the agreement is reached, the damaged Work shall be repaired or perils or causes of loss covered by such policies and any other replaced, the moneys so received applied on account thereof, property insurance applicable to the Work; and, in addition, and the Work and the cost thereof covered by an appropriate waive all such rights against Subcontractors, ENGINEER, Change Order or Written Amendment. ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be B. OWNER as fiduciary shall have power to adjust and listed as insureds or additional insureds (and the officers, settle any loss with the insurers unless one of the parties in directors, partners, employees, agents, and other consultants interest shall object in writing within 15 days after the and subcontractors of each and any of them) under such occurrence of loss to OWNER's exercise of this power. If policies for losses and damages so caused. None of the above such objection be made, OWNER as fiduciary shall make waivers shall extend to the rights that any party making such settlement with the insurers in accordance with such waiver may have to the proceeds of insurance held by agreement as the parties in interest may reach. If no such OWNER as trustee or otherwise payable under any policy so agreement among the parties in interest is reached, OWNER issued. as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER B. OWNER waives all rights against CONTRACTOR, as fiduciary shall give bond for the proper performance of Subcontractors, ENGINEER, ENGINEER's Consultants, and such duties. the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 5.09 Acceptance of Bonds and Insurance; Option to Replace 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical A. If either OWNER or CONTRACTOR has any loss or damage to OWNER's property or the Work caused objection to the coverage afforded by or other provisions of by, arising out of, or resulting from fire or other peril the Bonds or insurance required to be purchased and whether or not insured by OWNER; and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract Documents, 2. loss or damage to the completed Project or part the objecting party shall so notify the other party in writing thereof caused by, arising out of, or resulting from fire or within 10 days after receipt of the certificates (or other other insured peril or cause of loss covered by any evidence requested) required by paragraph 2.05.C. OWNER property insurance maintained on the completed Project and CONTRACTOR shall each provide to the other such or part thereof by OWNER during partial utilization additional information in respect of insurance provided as the pursuant to paragraph 14.05, after Substantial Completion other may reasonably request. If either party does not pursuant to paragraph 14.04, or after final payment purchase or maintain all of the Bonds and insurance required pursuant to paragraph 14.07. of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase C. Any insurance policy maintained by OWNER cover- prior to the start of the Work, or of such failure to maintain ing any loss, damage or consequential loss referred to in prior to any change in the required coverage. Without paragraph 5.07.B shall contain provisions to the effect that in prejudice to any other right or remedy, the other party may the event of payment of any such loss, damage, or elect to obtain equivalent Bonds or insurance to protect such consequential loss, the insurers will have no rights of recovery other party's interests at the expense of the party who was against CONTRACTOR, Subcontractors, ENGINEER, or required to provide such coverage, and a Change Order shall ENGINEER's Consultants and the officers, directors, be issued to adjust the Contract Price accordingly. partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.10 Partial Utilization, Acknowledgment of Property Insurer 5.08 Receipt and Application of Insurance Proceeds A. If OWNER finds it necessary to occupy or use a A. Any insured loss under the policies of insurance portion or portions of the Work prior to Substantial required by paragraph 5.06 will be adjusted with OWNER Completion of all the Work as provided in paragraph 14.05, and made payable to OWNER as fiduciary for the insureds, as no such use or occupancy shall commence before the insurers their interests may appear, subject to the requirements of any providing the property insurance pursuant to paragraph 5.06 applicable mortgage clause and of paragraph 5.08.B. OWN- have acknowledged notice thereof and in writing effected any ER shall deposit in a separate account any money so received changes in coverage necessitated thereby. The insurers 00700 - 18 providing the property insurance shall consent by endorse- 6.03 Services, Materials, and Equipment meat on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of' any A. Unless otherwise specified in the General Re- such partial use or occupancy. quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, 6.01 Supervision and Superintendence and completion of the Work. A. CONTRACTOR shall supervise, inspect, and direct B. All materials and equipment incorporated into the the Work competently and efficiently, devoting such attention Work shall be as specified or, if not specified, shall be of good thereto and applying such skills and expertise as may be quality and new, except as otherwise provided in the Contract necessary to perform the Work in accordance with the Documents. All warranties and guarantees specifically called Contract Documents. CONTRACTOR shall be solely for by the Specifications shall expressly run to the benefit of responsible for the means, methods, techniques, sequences, OWNER. If required by ENGINEER, CONTRACTOR shall and procedures of construction, but CONTRACTOR shall not furnish satisfactory evidence (including reports of required be responsible for the negligence of OWNER or ENGINEER tests) as to the source, kind, and quality of materials and in the design or specification of a specific means, method, equipment. All materials and equipment shall be stored, technique, sequence, or procedure of construction which is applied, installed, connected, erected, protected, used, shown or indicated in and expressly required by the Contract cleaned, and conditioned in accordance with instructions of Documents. CONTRACTOR shall be responsible to see that the applicable Supplier, except as otherwise may be provided the completed Work complies accurately with the Contract in the Contract Documents. Documents. 6.04 Progress Schedule B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- A. CONTRACTOR shall adhere to the progress schedule tendent thereto who shall not be replaced without written established in accordance with paragraph 2.07 as it may be notice to OWNER and ENGINEER except under adjusted from time to time as provided below. extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the Site and shall have 1. CONTRACTOR shall submit to ENGINEER for authority to act on behalf of CONTRACTOR. All acceptance (to the extent indicated in paragraph 2.07) communications given to or received from the superintendent proposed adjustments in the progress schedule that will shall be binding on CONTRACTOR. not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress 6.02 Labor; Working Hours schedule then in effect and additionally will comply with any provisions of the General Requirements applicable A. CONTRACTOR shall provide competent, suitably thereto. qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CONTRACTOR 2. Proposed adjustments in the progress schedule shall at all times maintain good discipline and order at the that will change the Contract Times (or Milestones) shall Site. be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a B. Except as otherwise required for the safety or Change Order or Written Amendment in accordance with protection of persons or the Work or property at the Site or Article 12. adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed 6.05 Substitutes and "Or- Equals" during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on A. Whenever an item of material or equipment is Saturday, Sunday, or any legal holiday without OWNER's specified or described in the Contract Documents by using the written consent (which will not be unreasonably withheld) name of a proprietary item or the name of a particular given after prior written notice to ENGINEER. Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed 00700 - 19 by words reading that no like, equivalent, or "or-equal" item d. CONTRACTOR shall first make written or no substitution is permitted, other items of material or application to ENGINEER for review of a proposed equipment or material or equipment of other Suppliers may substitute item of material or equipment that be submitted to ENGINEER for review under the circum- CONTRACTOR seeks to famish or use. The stances described below. application shall certify that the proposed substitute item will perform adequately the functions and 1. "Or- Equal" Items: If in ENGINEER's sole achieve the results called for by the general design, be discretion an item of material or equipment proposed by similar in substance to that specified, and be suited to CONTRACTOR is functionally equal to that named and the same use as that specified. The application will sufficiently similar so that no change in related Work will state the extent, if any, to which the use of the pro- be required, it may be considered by ENGINEER as an posed substitute item will prejudice "or- equal" item, in which case review and approval of the CONTRACTOR'S achievement of Substantial proposed item may, in ENGINEER's sole discretion, be Completion on time, whether or not use of the accomplished without compliance with some or all of the proposed substitute item in the Work will require a requirements for approval of proposed substitute items. change in any of the Contract Documents (or in the For the purposes of this paragraph 6.05.A.1, a proposed provisions of any other direct contract with OWNER item of material or equipment will be considered for work on the Project) to adapt the design to the functionally equal to an item so named if: proposed substitute item and whether or not incorporation or use of the proposed substitute item in a. in the exercise of reasonable judgment connection with the Work is subject to payment of ENGINEER determines that: (i) it is at Least equal in any license fee or royalty. All variations of the pro - quality, durability, appearance, strength, and design posed substitute item from that specified will be characteristics; (ii) it will reliably perform at least identified in the application, and available equally well the function imposed by the design engineering, sales, maintenance, repair, and concept of the completed Project as a functioning replacement services will be indicated. The whole, and; application will also contain an itemized estimate of all costs or credits that will result directly or indi- b. CONTRACTOR certifies that: (i) there is no rectly from use of such substitute item, including increase in cost to the OWNER; and (ii) it will costs of redesign and claims of other contractors conform substantially, even with deviations, to the affected by any resulting change, all of which will be detailed requirements of the item named in the considered by ENGINEER in evaluating the proposed Contract Documents. substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro - 2. Substitute Items posed substitute item. a. If in ENGINEER's sole discretion an item of B. Substitute Construction Methods or Procedures: If a material or equipment proposed by CONTRACTOR specific means, method, technique, sequence, or procedure of does not qualify as an "or- equal" item under construction is shown or indicated in and expressly required paragraph 6.05.A.1, it will be considered a proposed by the Contract Documents, CONTRACTOR may famish or substitute item. utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CON - b. CONTRACTOR shall submit sufficient TRACTOR shall submit sufficient information to allow information as provided below to allow ENGINEER ENGINEER, in ENGINEER's sole discretion, to determine to determine that the item of material or equipment that the substitute proposed is equivalent to that expressly proposed is essentially equivalent to that named and called for by the Contract Documents. The procedure for an acceptable substitute therefor. Requests for review review by ENGINEER will be similar to that provided in sub - of proposed substitute items of material or equipment paragraph 6.05.A.2. will not be accepted by ENGINEER from anyone other than CONTRACTOR. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or c. The procedure for review by ENGINEER submittal made pursuant to paragraphs 6.05.A and 6.05.B. will be as set forth in paragraph 6.05.A.2.d, as ENGINEER will be the sole judge of acceptability. No supplemented in the General Requirements and as "or- equal" or substitute will be ordered, installed or utilized ENGINEER may decide is appropriate under the until ENGINEER's review is complete, which will be circumstances. evidenced by either a Change Order for a substitute or an 00700 - 20 approved Shop Drawing for an `or equal." ENGINEER will Supplier, or other individual or entity, whether initially or as advise CONTRACTOR in writing of any negative a replacement, shall constitute a waiver of any right of determination. OWNER or ENGINEER to reject defective Work. D. Special Guarantee: OWNER may require CON- C. CONTRACTOR shall be fully responsible to OWNER TRACTOR to furnish at CONTRACTOR's expense a special and ENGINEER for all acts and omissions of the performance guarantee or other surety with respect to any Subcontractors, Suppliers, and other individuals or entities substitute. performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own E. ENGINEER'sCostReimbursement ENGINEER will acts and omissions. Nothing in the Contract Documents shall record time required by ENGINEER and ENGINEER's create for the benefit of any such Subcontractor, Supplier, or Consultants in evaluating substitute proposed or submitted by other individual or entity any contractual relationship between CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B OWNER or ENGINEER and any such Subcontractor, and in making changes in the Contract Documents (or in the Supplier or other individual or entity, nor shall it create any provisions of any other direct contract with OWNER for work obligation on the part of OWNER or ENGINEER to pay or to on the Project) occasioned thereby. Whether or not see to the payment of any moneys due any such Subcon- ENGINEER approves a substitute item so proposed or tractor, Supplier, or other individual or entity except as may submitted by CONTRACTOR, CONTRACTOR shall otherwise be required by Laws and Regulations. reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed D. CONTRACTOR shall be solely responsible for substitute. scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or F. CONTRACTOR's Expense: CONTRACTOR shall furnishing any of the Work under a direct or indirect contract provide all data in support of any proposed substitute or with CONTRACTOR. "or-equal" at CONTRACTOR's expense. E. CONTRACTOR shall require all Subcontractors, 6.06 Concerning Subcontractors, Suppliers, and Others Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- A. CONTRACTOR shall not employ any Subcontractor, NEER through CONTRACTOR. Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), F. The divisions and sections of the Specifications and whether initially or as a replacement, against whom OWNER the identifications of any Drawings shall not control may have reasonable objection. CONTRACTOR shall not be CONTRACTOR in dividing the Work among Subcontractors required to employ any Subcontractor, Supplier, or other or Suppliers or delineating the Work to be performed by any individual or entity to furnish or perform any of the Work specific trade. against whom CONTRACTOR has reasonable objection. G. All Work performed for CONTRACTOR by a B. If the Supplementary Conditions require the identity Subcontractor or Supplier will be pursuant to an appropriate of certain Subcontractors, Suppliers, or other individuals or agreement between CONTRACTOR and the Subcontractor or entities to be submitted to OWNER in advance for acceptance Supplier which specifically binds the Subcontractor or by OWNER by a specified date prior to the Effective Date of Supplier to the applicable terms and conditions of the the Agreement, and if CONTRACTOR has submitted a list Contract Documents for the benefit of OWNER and thereof in accordance with the Supplementary Conditions, ENGINEER. Whenever any such agreement is with a OWNER's acceptance (either in writing or by failing to make Subcontractor or Supplier who is listed as an additional written objection thereto by the date indicated for acceptance insured on the property insurance provided in paragraph 5.06, or objection in the Bidding Documents or the Contract the agreement between the CONTRACTOR and the Documents) of any such Subcontractor, Supplier, or other Subcontractor or Supplier will contain provisions whereby the individual or entity so identified may be revoked on the basis Subcontractor or Supplier waives all rights against OWNER, of reasonable objection after due investigation. CON- CONTRACTOR, ENGINEER, ENGINEER's Consultants, TRACTOR shall submit an acceptable replacement for the and all other individuals or entities identified in the rejected Subcontractor, Supplier, or other individual or entity, Supplementary Conditions to be listed as insureds or and the Contract Price will be adjusted by the difference in additional insureds (and the officers, directors, partners, the cost occasioned by such replacement, and an appropriate employees, agents, and other consultants and subcontractors Change Order will be issued or Written Amendment signed. of each and any of them) for all losses and damages caused No acceptance by OWNER of any such Subcontractor, by, arising out of, relating to, or resulting from any of the 00700 - 21 perils or causes of loss covered by such policies and any other ENGINEER shall be responsible for monitoring property insurance applicable to the Work. If the insurers on CONTRACTOR's compliance with any Laws or Regulations. any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain B. If CONTRACTOR performs any Work knowing or the same. having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, 6.07 Patent Fees and Royalties losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other A. CONTRACTOR shall pay all license fees and professionals and all court or arbitration or other dispute royalties and assume all costs incident to the use in the resolution costs) arising out of or relating to such Work; performance of the Work or the incorporation in the Work of however, it shall not be CONTRACTOR'S primary any invention, design, process, product, or device which is the responsibility to make certain that the Specifications and subject of patent rights or copyrights held by others. If a Drawings are in accordance with Laws and Regulations, but particular invention, design, process, product, or device is this shall not relieve CONTRACTOR of CONTRACTOR's specified in the Contract Documents for use in the obligations under paragraph 3.03. performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or C. Changes in Laws or Regulations not known at the copyrights calling for the payment of any license fee or time of opening of Bids (or, on the Effective Date of the royalty to others, the existence of such rights shall be Agreement if there were no Bids) having an effect on the cost disclosed by OWNER in the Contract Documents. To the or time of performance of the Work may be the subject of an fullest extent permitted by Laws and Regulations, adjustment in Contract Price or Contract Times. If OWNER CONTRACTOR shall indemnify and hold harmless OWNER, and CONTRACTOR are unable to agree on entitlement to or ENGINEER, ENGINEER's Consultants, and the officers, on the amount or extent, if any, of any such adjustment, a directors, partners, employees or agents, and other consultants Claim may be made therefor as provided in paragraph 10.05. of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and 6.10 Taxes charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute A. CONTRACTOR shall pay all sales, consumer, use, resolution costs) arising out of or relating to any infringement and other similar taxes required to be paid by CONTRAC- of patent rights or copyrights incident to the use in the TOR in accordance with the Laws and Regulations of the performance of the Work or resulting from the incorporation place of the Project which are applicable during the in the Work of any invention, design, process, product, or performance of the Work. device not specified in the Contract Documents. 6.11 Use of Site and Other Areas 6.08 Permits A. Limitation on Use of Site and Other Areas A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all 1. CONTRACTOR shall confine construction construction permits and licenses. OWNER shall assist equipment, the storage of materials and equipment, and CONTRACTOR, when necessary, in obtaining such permits the operations of workers to the Site and other areas and licenses. CONTRACTOR shall pay all governmental permitted by Laws and Regulations, and shall not charges and inspection fees necessary for the prosecution of unreasonably encumber the Site and other areas with the Work which are applicable at the time of opening of Bids, construction equipment or other materials or equipment. or, if there are no Bids, on the Effective Date of the CONTRACTOR shall assume full responsibility for any Agreement. CONTRACTOR shall pay all charges of utility damage to any such land or area, or to the owner or owners for connections to the Work, and OWNER shall pay occupant thereof, or of any adjacent land or areas all charges of such utility owners for capital costs related resulting from the performance of the Work. thereto, such as plant investment fees. 2. Should any claim be made by any such owner or 6.09 Laws and Regulations occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other A. CONTRACTOR shall give all notices and comply party by negotiation or otherwise resolve the claim by with all Laws and Regulations applicable to the performance arbitration or other dispute resolution proceeding or at of the Work. Except where otherwise expressly required by law. applicable Laws and Regulations, neither OWNER nor 00700 - 22 3. To the fullest extent permitted by Laws and and programs in connection with the Work. CONTRACTOR Regulations, CONTRACTOR shall indenmify and hold shall take all necessary precautions for the safety of, and shall harmless OWNER, ENGINEER, ENGINEER's provide the necessary protection to prevent damage, injury or Consultant, and the officers, directors, partners, loss to: employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and 1. all persons on the Site or who may be affected by damages (including but not limited to all fees and charges the Work; of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution 2. all the Work and materials and equipment to be costs) arising out of or relating to any claim or action, incorporated therein, whether in storage on or off the Site; legal or equitable, brought by any such owner or occupant and against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based 3. other property at the Site or adjacent thereto, upon CONTRACTOR'S performance of the Work. including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities B. Removal of Debris During Performance of the Work. not designated for removal, relocation, or replacement in During the progress of the Work CONTRACTOR shall keep the course of construction. the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal B. CONTRACTOR shall comply with all applicable of such waste materials, rubbish, and other debris shall con- Laws and Regulations relating to the safety of persons or form to applicable Laws and Regulations. property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all C. Cleaning: Prior to Substantial Completion of the necessary safeguards for such safety and protection. Work CONTRACTOR shall clean the Site and make it ready CONTRACTOR shall notify owners of adjacent property and for utilization by OWNER. At the completion of the Work of Underground Facilities and other utility owners when CONTRACTOR shall remove from the Site all tools, prosecution of the Work may affect them, and shall cooperate appliances, construction equipment and machinery, and with them in the protection, removal, relocation, and surplus materials and shall restore to original condition all replacement of their property. All damage, injury, or loss to property not designated for alteration by the Contract any property referred to in paragraph 6.13.A.2 or 6.13.A.3 Documents. caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other D. Loading Structures: CONTRACTOR shall not load individual or entity directly or indirectly employed by any of nor permit any part of any structure to be loaded in any them to perform any of the Work, or anyone for whose acts manner that will endanger the structure, nor shall any of them may be liable, shall be remedied by CONTRACTOR subject any part of the Work or adjacent CONTRACTOR (except damage or loss attributable to the property to stresses or pressures that will endanger it. fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or 6.12 Record Documents anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or A. CONTRACTOR shall maintain in a safe place at the indirectly, in whole or in part, to the fault or negligence of Site one record copy of all Drawings, Specifications, CONTRACTOR or any Subcontractor, Supplier, or other Addenda, Written Amendments, Change Orders, Work individual or entity directly or indirectly employed by any of Change Directives, Field Orders, and written interpretations them). CONTRACTOR's duties and responsibilities for and clarifications in good order and annotated to show safety and for protection of the Work shall continue until such changes made during construction. These record documents time as all the Work is completed and ENGINEER has issued together with all approved Samples and a counterpart of all a notice to OWNER and CONTRACTOR in accordance with approved Shop Drawings will be available to ENGINEER for paragraph 14.07.B that the Work is acceptable (except as reference. Upon completion of the Work, these record otherwise expressly provided in connection with Substantial documents, Samples, and Shop Drawings will be delivered to Completion). ENGINEER for OWNER. 6.14 Safety Representative 6.13 Safety and Protection A. CONTRACTOR shall designate a qualified and A. CONTRACTOR shall be solely responsible for experienced safety representative at the Site whose duties and initiating, maintaining and supervising all safety precautions responsibilities shall be the prevention of accidents and the 00700 - 23 • maintaining and supervising of safety precautions and ENGINEER's review and approval of the pertinent submittal programs. will be at the sole expense and responsibility of CONTRACTOR. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating D. Submittal Procedures any exchange of material safety data sheets or other hazard communication information required to be made available to 1. Before submitting each Shop Drawing or Sample, or exchanged between or among employers at the Site in CONTRACTOR shall have determined and verified: accordance with Laws or Regulations. a. all field measurements, quantities, dimen- 6.16 Emergencies sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar A. In emergencies affecting the safety or protection of information with respect thereto; persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent b. all materials with respect to intended use, threatened damage, injury, or loss. CONTRACTOR shall fabrication, shipping, handling, storage, assembly, give ENGINEER prompt written notice if CONTRACTOR and installation pertaining to the performance of the believes that any significant changes in the Work or Work; variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER c. all information relative to means, methods, determines that a change in the Contract Documents is techniques, sequences, and procedures of construction required because of the action taken by CONTRACTOR in and safety precautions and programs incident thereto; response to such an emergency, a Work Change Directive or and Change Order will be issued. d. CONTRACTOR shall also have reviewed 6.17 Shop Drawings and Samples and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the A. CONTRACTOR shall submit Shop Drawings to requirements of the Work and the Contract Docu- ENGINEER for review and approval in accordance with the ments. acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER 2. Each submittal shall bear a stamp or specific may require and in the number of copies specified in the written indication that CONTRACTOR has satisfied General Requirements. The data shown on the Shop CONTRACTOR's obligations under the Contract Drawings will be complete with respect to quantities, dimen- Documents with respect to CONTRACTOR's review and sions, specified performance and design criteria, materials, approval of that submittal. and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to 3. At the time of each submittal, CONTRACTOR enable ENGINEER to review the information for the limited shall give ENGINEER specific written notice of such purposes required by paragraph 6.17.E. variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract B. CONTRACTOR shall also submit Samples to Documents, such notice to be in a written communication ENGINEER for review and approval in accordance with the separate from the submittal; and, in addition, shall cause acceptable schedule of Shop Drawings and Sample a specific notation to be made on each Shop Drawing and submittals. Each Sample will be identified clearly as to Sample submitted to ENGINEER for review and approval material, Supplier, pertinent data such as catalog numbers. of each such variation. and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for E. ENGINEER's Review the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified 1. ENGINEER will timely review and approve Shop in the Specifications. Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to C. Where a Shop Drawing or Sample is required by the ENGINEER. ENGINEER's review and approval will be Contract Documents or the schedule of Shop Drawings and only to determine if the items covered by the submittals Sample submittals acceptable to ENGINEER as required by will, after installation or incorporation in the Work, con - paragraph 2.07, any related Work performed prior to form to the information given in the Contract Documents 00700 - 24 and be compatible with the design concept of the completed 1. abuse, modification, or improper maintenance or Project as a functioning whole as indicated by the Contract operation by persons other than CONTRACTOR, Sub - Documents. contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. ENGINEER's review and approval will not 2. normal wear and tear under normal usage. extend to means, methods, techniques, sequences, or procedures of construction (except where a particular B. CONTRACTOR's obligation toperform and complete means, method, technique, sequence, or procedure of con- the Work in accordance with the Contract Documents shall be struction is specifically and expressly called for by the absolute. None of the following will constitute an acceptance Contract Documents) or to safety precautions orprograms of Work that is not in accordance with the Contract incident thereto. The review and approval of a separate Documents or a release of CONTRACTOR's obligation to item as such will not indicate approval of the assembly in perform the Work in accordance with the Contract Docu- which the item functions. ments: 3. ENGINEER's review and approval of Shop 1. observations by ENGINEER; Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the require- 2. recommendation by ENGINEER or payment by ments of the Contract Documents unless CONTRACTOR OWNER of any progress or final payment; has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by 3. the issuance of a certificate of Substantial paragraph 6.17.D.3 and ENGINEER has given written Completion by ENGINEER or any payment related approval of each such variation by specific written thereto by OWNER; notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval 4. use or occupancy of the Work or any part thereof by ENGINEER relieve CONTRACTOR from by OWNER; responsibility for complying with the requirements of paragraph 6.17.D.1. 5. any acceptance by OWNER or any failure to do so; F. Resubmittal Procedures 6. any review and approval of a Shop Drawing or 1. CONTRACTOR shall make corrections required Sample submittal or the issuance of a notice of acceptabil- by ENGINEER and shall return the required number of ity by ENGINEER; corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR 7. any inspection, test, or approval by others; or shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous 8. any correction of defective Work by OWNER. submittals. 6.20 INDEMNIFICATION 6.18 Continuing the Work A. TO THE FULLEST EXTENT PERMIFIED BY A. CONTRACTOR shall carry on the Work and adhere LAWS AND REGULATIONS, CONTRACTOR SHALL to the progress schedule during all disputes or disagreements INDEMNIFY AND HOLD HARMLESS OWNER, with OWNER. No Work shall be delayed or postponed ENGINEER, ENGINEER'S CONSULTANTS, AND THE pending resolution of any disputes or disagreements, except OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, as permitted by paragraph 15.04 or as OWNER and AGENTS, AND OTHER CONSULTANTS AND CONTRACTOR may otherwise agree in writing. SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, 6.19 CONTRACTOR's General Warranty and Guarantee AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, A. CONTRACTOR warrants and guarantees to ARCHITECTS, ATTORNEYS, AND OTHER OWNER, ENGINEER, and ENGINEER's Consultants that PROFESSIONALS AND ALL COURT OR ARBITRATION all Work will be in accordance with the Contract Documents OR OTHER DISPUTE RESOLUTION COSTS) ARISING and will not be defective. CONTRACTOR's warranty and OUT OF OR RELATING TO THE PERFORMANCE OF guarantee hereunder excludes defects or damage caused by: THE WORK, PROVIDED THAT ANY SUCH CLAIM, COST, LOSS, OR DAMAGE: 00700 - 25 1. IS ATTRIBUTABLE TO BODILY INJURY, 2. Giving directions or instructions, or failing to SICKNESS, DISEASE, OR DEATH, OR TO INJURY give them, if that is the primary cause of the injury or TO OR DESTRUCTION OF TANGIBLE PROPERTY damage. (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND ARTICLE 7 - OTHER WORK 2. IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, OR ANY 7.01 Related Work at Site INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECT- LY EMPLOYED BY ANY OF THEM TO PERFORM A. OWNER may perform other work related to the ANY OF THE WORK OR ANYONE FOR WHOSE Project at the Site by OWNER's employees, or let other direct ACTS ANY OF THEM MAY BE LIABLE, contracts therefor, or have other work performed by utility REGARDLESS OF WHETHER OR NOT CAUSED IN owners. If such other work is not noted in the Contract PART BY ANY NEGLIGENCE OR OMISSION OF AN Documents, then: INDIVIDUAL OR ENTITY INDEMNIFIED HEREUNDER OR WHETHER LIABILITY IS IMPOSED 1. written notice thereof will be given to CON - UPON SUCH INDEMNIFIED PARTY BY LAWS AND TRACTOR prior to starting any such other work; and REGULATIONS REGARDLESS OF THE NEGLIGENCE OF ANY SUCH INDIVIDUAL OR 2. if OWNER and CONTRACTOR are unable to ENTITY. agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times B. IN ANY AND ALL CLAIMS AGAINST OWNER that should be allowed as a result of such other work, a OR ENGINEER OR ANY OF THEIR RESPECTIVE Claim may be made therefor as provided in paragraph CONSULTANTS, AGENTS, OFFICERS, DIRECTORS, 10.05. PARTNERS, OR EMPLOYEES BY ANY EMPLOYEE (OR THE SURVIVOR OR PERSONAL REPRESENTATIVE OF B. CONTRACTOR shall afford each other contractor SUCH EMPLOYEE) OF CONTRACTOR, ANY who is a party to such a direct contract and each utility owner SUBCONTRACTOR, ANY SUPPLIER, OR ANY (and OWNER, if OWNER is performing the other work with INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY OWNER's employees) proper and safe access to the Site and EMPLOYED BY ANY OF THEM TO PERFORM ANY OF a reasonable opportunity for the introduction and storage of THE WORK, OR ANYONE FOR WHOSE ACTS ANY OF materials and equipment and the execution of such other THEM MAY BE LIABLE, THE INDEMNIFICATION work and shall properly coordinate the Work with theirs. OBLIGATIONUNDER PARAGRAPH 6.20.A SHALL NOT Unless otherwise provided in the Contract Documents, CON- BE LIMITED IN ANY WAY BY ANY LIMITATION ON TRACTOR shall do all cutting, fitting, and patching of the THE AMOUNT OR TYPE OF DAMAGES, Work that may be required to properly connect or otherwise COMPENSATION, ORBENEFITS PAYABLE BY ORFOR make its several parts come together and properly integrate CONTRACTOR OR ANY SUCH SUBCONTRACTOR. with such other work. CONTRACTOR shall not endanger SUPPLIER, OR OTHER INDIVIDUAL OR ENTITY any work of others by cutting, excavating, or otherwise UNDER WORKERS' COMPENSATION ACTS, altering their work and will only cut or alter their work with DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEE the written consent of ENGINEER and the others whose work BENEFIT ACTS. will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of C. The indemnification obligations of CONTRACTOR such utility owners and other contractors to the extent that under paragraph 6.20.a shall not extend to the liability of there are comparable provisions for the benefit of ENGINEER and ENGINEER'S consultants or to the officers, CONTRACTOR in said direct contracts between OWNER directors, partners, employees, agents, and other consultants and such utility owners and other contractors. and subcontractors of each and any of them arising out of: C. If the proper execution or results of any part of 1. The preparation or approval of, or the failure to CONTRACTOR's Work depends upon work performed by prepare or approve, maps, drawings, opinions, reports, others under this Article 7, CONTRACTOR shall inspect surveys, change orders, designs, or specifications; or such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work, 00700 - 26 CONTRACTOR's failure to so report will constitute an A. OWNER's duties in respect of providing lands and acceptance of such other work as fit and proper for integration easements and providing engineering surveys to establish with CONTRACTOR's Work except for latent defects and reference points are set forth in paragraphs 4.01 and 4.05. deficiencies in such other work. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations 7.02 Coordination and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface A. If OWNER intends to contract with others for the structures at or contiguous to the Site that have been utilized performance of other work on the Project at the Site, the by ENGINEER in preparing the Contract Documents. following will be set forth in Supplementary Conditions: 8.06 Insurance 1. the individual or entity who will have authority and responsibility for coordination of the activities among A. OWNER's responsibilities, if any, in respect to pur- the various contractors will be identified; chasing and maintaining liability and property insurance are set forth in Article 5. 2. the specific matters to be covered by such authority and responsibility will be itemized; and 8.07 Change Orders 3. the extent of such authority and responsibilities A. OWNER is obligated to execute Change Orders as will be provided. indicated in paragraph 10.03. B. Unless otherwise provided in the Supplementary 8.08 Inspections, Tests, and Approvals Conditions, OWNER shall have sole authority and respon- sibility for such coordination. A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have 8.01 Communications to Contractor control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or A. Except as otherwise provided in these General Condi- procedures of construction, or the safety precautions and tions, OWNER shall issue all communications to programs incident thereto, or for any failure of CON - CONTRACTOR through ENGINEER. TRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be 8.02 Replacement of ENGINEER responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom 8.10 Undisclosed Hazardous Environmental Condition CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former A. OWNER's responsibility in respect to an undisclosed ENGINEER. Hazardous Environmental Condition is set forth in paragraph 4.06. 8.03 Furnish Data 8.11 Evidence of Financial Arrangements A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial 8.04 Pay Promptly When Due arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's A. OWNER shall make payments to CONTRACTOR responsibility in respect thereof will be as set forth in the promptly when they are due as provided in paragraphs Supplementary Conditions. 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests 00700 - 27 Y c ARTICLE 9 - ENGINEER'S STATUS DURING representative or agent to represent OWNER at the Site who CONSTRUCTION is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple - 9.01 OWNER'S Representative mentary Conditions. A. ENGINEER will be OWNER's representative during 9.04 Clarifications and Interpretations the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's A. ENGINEER will issue with reasonable promptness representative during construction are set forth in the such written clarifications or interpretations of the require- Contract Documents and will not be changed without written ments of the Contract Documents as ENGINEER may deter - consent of OWNER and ENGINEER. mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such 9.02 Visits to Site written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON - A. ENGINEER will make visits to the Site at intervals TRACTOR are unable to agree on entitlement to or on the appropriate to the various stages of construction as amount or extent, if any, of any adjustment in the Contract ENGINEER deems necessary in order to observe as an Price or Contract Times, or both, that should be allowed as a experienced and qualified design professional the progress result of a written clarification or interpretation, a Claim may that has been made and the quality of the various aspects of be made therefor as provided in paragraph 10.05. CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for 9.05 Authorized Variations in Work the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract A. ENGINEER may authorize minor variations in the Documents. ENGINEER will not be required to make Work from the requirements of the Contract Documents exhaustive or continuous inspections on the Site to check the which do not involve an adjustment in the Contract Price or quality or quantity of the Work. ENGINEER's efforts will be the Contract Times and are compatible with the design directed toward providing for OWNER a greater degree of concept of the completed Project as a functioning whole as confidence that the completed Work will conform generally indicated by the Contract Documents. These may be to the Contract Documents. On the basis of such visits and accomplished by a Field Order and will be binding on observat ions, ENGINEER will keep OWNER informed of the OWNER and also on CONTRACTOR, who shall perform the progress of the Work and will endeavor to guard OWNER Work involved promptly. If OWNER and CONTRACTOR against defective Work. are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or B. ENGINEER's visits and observations are subject to all Contract Times, or both, as a result of a Field Order, a Claim the limitations on ENGINEER's authority and responsibility may be made therefor as provided in paragraph 10.05. set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or 9.06 Rejecting Defective Work observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be A. ENGINEER will have authority to disapprove or responsible for CONTRACTOR's means, methods, reject Work which ENGINEER believes to be defective, or techniques, sequences, or procedures of construction, or the that ENGINEER believes will not produce a completed safety precautions and programs incident thereto, or for any Project that conforms to the Contract Documents or that will failure of CONTRACTOR to comply with Laws and prejudice the integrity of the design concept of the completed Regulations applicable to the performance of the Work. Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require 9.03 Project Representative special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, A. If OWNER and ENGINEER agree, ENGINEER will installed, or completed. furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the 9.07 Shop Drawings, Change Orders and Payments Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and A. In connection with ENGINEER's authority as to Shop assistants will be as provided in paragraph 9.10 and in the Drawings and Samples, see paragraph 6.17. Supplementary Conditions. If OWNER designates another 00700 - 28 B. In connection with ENGINEER's authority as to in good faith either to exercise or not exercise such authority Change Orders, see Articles 10, 11, and 12. or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, C. In connection with ENGINEER's authority as to impose, or give rise to any duty in contract, tort, or otherwise Applications for Payment, see Article 14. owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety 9.08 Determinations for Unit Price Work for or employee or agent of any of them. A. ENGINEER will determine the actual quantities and B. ENGINEER will not supervise, direct, control, or classifications of Unit Price Work performed by have authority over or be responsible for CONTRACTOR'S CONTRACTOR. ENGINEER will review with CON- means, methods, techniques, sequences, or procedures of TRACTOR the ENGINEER'S preliminary determinations on construction, or the safety precautions and programs incident such matters before rendering a written decision thereon (by thereto, or for any failure of CONTRACTOR to comply with recommendation ofan Application forPayment or otherwise). Laws and Regulations applicable to the performance of the ENGINEER's written decision thereon will be final and Work. ENGINEER will not be responsible for binding (except as modified by ENGINEER to reflect changed CONTRACTOR's failure to perform the Work in accordance factual conditions or more accurate data) upon OWNER and with the Contract Documents. CONTRACTOR, subject to the provisions of paragraph 10.05. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any 9.09 Decisions on Requirements of Contract Documents Supplier, or of any other individual or entity performing any and Acceptability of Work of the Work. A, ENGINEER will be the initial interpreter of the D. ENGINEER'S review of the final Application for requirements of the Contract Documents and judge of the Payment and accompanying documentation and all mainte- acceptability of the Work thereunder. Claims, disputes and nance and operating instructions, schedules, guarantees, other matters relating to the acceptability of the Work, the Bonds, certificates of inspection, tests and approvals, and quantities and classifications of Unit Price Work, the other documentation required to be delivered by paragraph interpretation of the requirements of the Contract Documents 14.07.A will only be to determine generally that their content pertaining to the performance of the Work, and Claims complies with the requirements of, and in the case of seeking changes in the Contract Price or Contract Times will certificates of inspections, tests, and approvals that the results be referred initially to ENGINEER in writing, in accordance certified indicate compliance with, the Contract Documents. with the provisions of paragraph 10.05, with a request for a formal decision. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's B. When functioning as interpreter and judge under this Consultants, Resident Project Representative, and assistants. paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in ARTICLE 10 - CHANGES IN THE WORK; CLAIMS connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to 10.01 Authorized Changes in the Work any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final A. Without invalidating the Agreement and without payment as provided in paragraph 14.07) will be a condition notice to any surety, OWNER may, at any time or from time precedent to any exercise by OWNER or CONTRACTOR of to time, order additions, deletions, or revisions in the Work by such rights or remedies as either may otherwise have under a Written Amendment, a Change Order, or a Work Change the Contract Documents or by Laws or Regulations in respect Directive. Upon receipt of any such document, of any such Claim, dispute, or other matter. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable 9.10 Limitations on ENGINEER 's Authority and Respon- conditions of the Contract Documents (except as otherwise sibilities specifically provided). A. Neither ENGINEER's authority or responsibility B. If OWNER and CONTRACTOR are unable to agree under this Article 9 or under any other provision of the on entitlement to, or on the amount or extent, if any, of an Contract Documents nor any decision made by ENGINEER adjustment in the Contract Price or Contract Times, or both, 00700 - 29 that should be allowed as a result of a Work Change 10.05 Claims and Disputes Directive, a Claim may be made therefor as provided in paragraph 10.05. A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the 10.02 Unauthorized Changes in the Work claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of A. CONTRACTOR shall not be entitled to an increase the event giving rise thereto. Notice of the amount or extent in the Contract Price or an extension of the Contract Times of the Claim, dispute, or other matter with supporting data with respect to any work performed that is not required by the shall be delivered to the ENGINEER and the other party to Contract Documents as amended, modified, or supplemented the Contract within 60 days after the start of such event as provided in paragraph 3.04, except in the case of an emer- (unless ENGINEER allows additional time for claimant to gency as provided in paragraph 6.16 or in the case of submit additional or more accurate data in support of such uncovering Work as provided in paragraph I3.04.B. Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the 10.03 Execution of Change Orders provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the A. OWNER and CONTRACTOR shall execute provisions ofparagraph 12.02.B. Each Claim shall be accom- appropriate Change Orders recommended by ENGINEER (or panied by claimant's written statement that the adjustment Written Amendments) covering: claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing 1. changes in the Work which are: (i) ordered by party shall submit any response to ENGINEER and the OWNER pursuant to paragraph 10.01.A, (ii) required claimant within 30 days after receipt of the claimant's last because of acceptance of defective Work under paragraph submittal (unless ENGINEER allows additional time). I3.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the 2. changes in the Contract Price or Contract Times last submittal of the claimant or the last submittal of the which are agreed to by the parties, including any opposing party, if any. ENGINEER's written decision on undisputed sum or amount of time for Work actually such Claim, dispute, or other matter will be final and binding performed in accordance with a Work Change Directive; upon OWNER and CONTRACTOR unless: and 1. an appeal from ENGINEER's decision is taken 3. changes in the Contract Price or Contract Times within the time limits and in accordance with the dispute which embody the substance of any written decision resolution procedures set forth in Article 16; or rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change 2. if no such dispute resolution procedures have Order, an appeal may be taken from any such decision in been set forth in Article 16, a written notice of intention accordance with the provisions of the Contract to appeal from ENGINEER'S written decision is Documents and applicable Laws and Regulations, but delivered by OWNER or CONTRACTOR to the other during any such appeal, CONTRACTOR shall carry on and to ENGINEER within 30 days after the date of such the Work and adhere to the progress schedule as decision, and a formal proceeding is instituted by the provided in paragraph 6.18.A. appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 10.04 Notification to Surety 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and A. If notice of any change affecting the general scope of CONTRACTOR), to exercise such rights or remedies as the Work or the provisions of the Contract Documents the appealing party may have with respect to such Claim, (including, but not limited to, Contract Price or Contract dispute, or other matter in accordance with applicable Times) is required by the provisions of any Bond to be given Laws and Regulations. to a surety, the giving of any such notice will be CONTRACTOR's responsibility, The amount of each C. If ENGINEER does not render a formal decision in applicable Bond will be adjusted to reflect the effect of any writing within the time stated in paragraph 10.05.B, a such change. decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of 00700 - 30 the claimant or the last submittal of the opposing party, if rebates and refunds and returns from sale of surplus any. materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may D. No Claim for an adjustment in Contract Price or be obtained. Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain ARTICLE 11 - COST OF THE WORK; CASH competitive bids from subcontractors acceptable to ALLOWANCES; UNIT PRICE WORK OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be 11.01 Cost of the Work acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the A. Costs Included: The term Cost of the Work means Work plus a fee, the Subcontractor's Cost of the Work the sum of all costs necessarily incurred and paid by CON- and fee shall be determined in the same manner as TRACTOR in the proper performance of the Work. When CONTRACTOR's Cost of the Work and fee as provided the value of any Work covered by a Change Order or when a in this paragraph 11.01. Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to 4. Costs of special consultants (including but not CONTRACTOR will be only those additional or incremental limited to engineers, architects, testing laboratories, costs required because of the change in the Work or because surveyors, attorneys, and accountants) employed for of the event giving rise to the Claim. Except as otherwise services specifically related to the Work. may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of 5. Supplemental costs including the following: the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. a. The proportion of necessary transportation, travel, and subsistence expenses of 1. Payroll costs for employees in the direct employ CONTRACTOR's employees incurred in discharge of CONTRACTOR in the performance of the Work of duties connected with the Work. under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall b. Cost, including transportation and mainte- include without limitation superintendents, foremen, and nance, of all materials, supplies, equipment, other personnel employed full time at the Site. Payroll machinery, appliances, office, and temporary facili- costs for employees not employed full time on the Work ties at the Site, and hand tools not owned by the shall be apportioned on the basis of their time spent on workers, which are consumed in the performance of the Work. Payroll costs shall include, but not be limited the Work, and cost, less market value, of such items to, salaries and wages plus the cost of fringe benefits, used but not consumed which remain the property of which shall include social security contributions, unem- CONTRACTOR. ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, c. Rentals of all construction equipment and sick leave, vacation and holiday pay applicable thereto. machinery, and the parts thereof whether rented The expenses of performing Work outside of regular from CONTRACTOR or others in accordance with working hours, on Saturday, Sunday, or legal holidays, rental agreements approved by OWNER with the shall be included in the above to the extent authorized by advice of ENGINEER, and the costs of OWNER. transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs 2. Cost of all materials and equipment furnished shall be in accordance with the terms of said rental and incorporated in the Work, including costs of agreements. The rental of any such equipment, ma- transportation and storage thereof, and Suppliers' field chinery, or parts shall cease when the use thereof is services required in connection therewith. All cash no longer necessary for the Work. discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with d. Sales, consumer, use, and other similar which to make payments, in which case the cash taxes related to the Work, and for which CON - discounts shall accrue to OWNER. All trade discounts, 00700 - 31 TRACTOR is liable, imposed by Laws and Regulations. ers, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in e. Deposits lost for causes other than negli- CONTRACTOR's principal or branch office for general gence of CONTRACTOR, any Subcontractor, or administration of the Work and not specifically included anyone directly or indirectly employed by any of in the agreed upon schedule ofjob classifications referred them or for whose acts any of them may be liable, to in paragraph 11.01.A.1 or specifically covered by and royalty payments and fees for permits and paragraph 11.01.A.4, all of which are to be considered licenses. administrative costs covered by the CONTRACTOR's fee. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by 2. Expenses of CONTRACTOR's principal and insurance or otherwise, sustained by branch offices other than CONTRACTOR's office at the CONTRACTOR in connection with the performance Site. of the Work (except losses and damages within the deductible amounts of property insurance established 3. Any part of CONTRACTOR's capital expenses, in accordance with paragraph 5.06.D), provided including interest onCONTRACTOR'scapitalemployed such losses and damages have resulted from causes for the Work and charges against CONTRACTOR for other than the negligence of CONTRACTOR, any delinquent payments. Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of 4. Costs due to the negligence of CONTRACTOR, them may be liable. Such losses shall include any Subcontractor, or anyone directly or indirectly settlements made with the written consent and employed by any of them or for whose acts any of them approval of OWNER. No such losses, damages, and may be liable, including but not limited to, the correction expenses shall be included in the Cost of the Work of defective Work, disposal of materials or equipment for the purpose of determining CONTRACTOR's wrongly supplied, and making good any damage to fee. property. g. The cost of utilities, fuel, and sanitary 5. Other overhead or general expense costs of any facilities at the Site. kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the C. CONTRACTOR's Fee: When all the Work is Site, expressage, and similar petty cash items in performed on the basis of cost -plus, CONTRACTOR's fee connection with the Work. shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a i. When. the Cost of the Work is used to Claim for an adjustment in Contract Price is determined on determine the value of a Change Order or of a the basis of Cost of the Work, CONTRACTOR's fee shall be Claim, the cost of premiums for additional Bonds determined as set forth in paragraph 12.01.C. and insurance required because of the changes in the Work or caused by the event giving rise to the D. Documentation: Whenever the Cost of the Work for Claim. any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and j. When all the Work is performed on the maintain records thereof in accordance with generally basis of cost -plus, the costs of premiums for all accepted accounting practices and submit in a form acceptable Bonds and insurance CONTRACTOR is required by to ENGINEER an itemized cost breakdown together with the Contract Documents to purchase and maintain. supporting data. B. Costs Excluded: The term Cost of the Work shall not 11.02 Cash Allowances include any of the following items: A. It is understood that CONTRACTOR has included 1. Payroll costs and other compensation of in the Contract Price all allowances so named in the Contract CONTRACTOR's officers, executives, principals (of Documents and shall cause the Work so covered to be partnerships and sole proprietorships), general manag- performed for such sums as may be acceptable to OWNER ers, engineers, architects, estimators, attorneys, auditors, and ENGINEER. CONTRACTOR agrees that: accountants, purchasing and contracting agents, expedit- 00700 - 32 1. the allowances include the cost to in Contract Price and the parties are unable to agree as CONTRACTOR (less any applicable trade discounts) of to the amount of any such increase or decrease. materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the 12.01 Change of Contract Price allowances have been included in the Contract Price and not in the allowances, and no demand for additional A. The Contract Price may only be changed by a payment on account of any of the foregoing will be valid. Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written B. Prior to final payment, an appropriate Change Order notice submitted by the party making the Claim to the will be issued as recommended by ENGINEER to reflect ENGINEER and the other party to the Contract in accordance actual amounts due CONTRACTOR on account of Work with the provisions of paragraph 10.05. covered by allowances, and the Contract Price shall be correspondingly adjusted. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will 11.03 Unit Price Work be determined as follows: A. Where the Contract Documents provide that all or 1. where the Work involved is covered by unit part of the Work is to be Unit Price Work, initially the prices contained in the Contract Documents, by applica- Contract Price will be deemed to include for all Unit Price tion of such unit prices to the quantities of the items Work an amount equal to the sum of the unit price for each involved (subject to the provisions of paragraph 11.03 ); separately identified item of Unit Price Work times the or estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work 2. where the Work involved is not covered by unit are not guaranteed and are solely for the purpose of prices contained in the Contract Documents, by a comparison of Bids and determining an initial Contract Price. mutually agreed lump sum (which may include an Determinations of the actual quantities and classifications of allowance for overhead and profit not necessarily in Unit Price Work performed by CONTRACTOR will be made accordance with paragraph 12.01.C.2); or by ENGINEER subject to the provisions of paragraph 9.08. 3. where the Work involved is not covered by unit B. Each unit price will be deemed to include an amount prices contained in the Contract Documents and agree - considered by CONTRACTOR to be adequate to cover ment to a lump sum is not reached under paragraph CONTRACTOR's overhead and profit for each separately 12.01.B.2, on the basis of the Cost of the Work identified item. (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter - C. OWNER or CONTRACTOR may make a Claim for mined as provided in paragraph 12.01.C). an adjustment in the Contract Price in accordance with paragraph 10.05 if: C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and 1. a mutually acceptable fixed fee; or significantly from the estimated quantity of such item indicated in the Agreement; and 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of 2. there is no corresponding adjustment with the Cost of the Work: respect any other item of Work; and a. for costs incurred under paragraphs 3. if CONTRACTOR believes that 11.01.A.1 and 11.01.A.2, the CONTRACTOR' s fee CONTRACTOR is entitled to an increase in Contract shall be 15 percent; Price as a result of having incurred additional expense or b. for costs incurred under paragraph OWNER believes that OWNER is entitled to a decrease 11.01.A.3, the CONTRACTOR's fee shall be five percent; 00700 - 33 c. where one or more tiers of subcontracts are or neglect of utility owners or other contractors performing on the basis of Cost of the Work plus a fee and no other work as contemplated by Article 7, fires, floods, fixed fee is agreed upon, the intent of paragraph epidemics, abnormal weather conditions, or acts of God. 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a 12.04 Delays Within CONTRACTOR's Control fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and A. The Contract Times (or Milestones) will not be 11.01.A.2 and that any higher tier Subcontractor and extended due to delays within the control of CONTRACTOR. CONTRACTOR will each be paid a fee of five Delays attributable to and within the control of a percent of the amount paid to the next lower tier Subcontractor or Supplier shall be deemed to be delays within Subcontractor; the control of CONTRACTOR. d. no fee shall be payable on the basis of costs 12.05 Delays Beyond OWNER's and CONTRACTOR's itemized under paragraphs 11.01.A.4, 11.01.A.5, Control and 11.01.B; A. Where CONTRACTOR is prevented from complet- e. the amount of credit to be allowed by ing any part of the Work within the Contract Times (or CONTRACTOR to OWNER for any change which Milestones) due to delay beyond the control of both OWNER results in a net decrease in cost will be the amount of and CONTRACTOR, an extension of the Contract Times (or the actual net decrease in cost plus a deduction in Milestones) in an amount equal to the time lost due to such CONTRACTOR's fee by an amount equal to five delay shall be CONTRACTOR's sole and exclusive remedy percent of such net decrease; and for such delay. f. when both additions and credits are in- 12.06 Delay Damages volved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the A. In no event shall OWNER or ENGINEER be liable basis of the net change in accordance with para- to CONTRACTOR, any Subcontractor, any Supplier, or any graphs 12.01.C.2.a through 12.01.C.2.e, inclusive. other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or 12.02 Change of Contract Times resulting from: A. The Contract Times (or Milestones) may only be 1. delays caused by or within the control of CON - changed by a Change Order or by a Written Amendment. TRACTOR; or Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the 2. delays beyond the control of both OWNER and party making the claim to the ENGINEER and the other party CONTRACTOR including but not limited to fires, to the Contract in accordance with the provisions of floods, epidemics, abnormal weather conditions, acts of paragraph 10.05. God, or acts or neglect by utility owners or other contractors performing other work as contemplated by B. Any adjustment of the Contract Times (or Article 7. Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be B. Nothing in this paragraph 12.06 bars a change in determined in accordance with the provisions of this Contract Price pursuant to this Article 12 to compensate Article 12. CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or 12.03 Delays Beyond CONTRACTOR 's Control anyone for whom OWNER is responsible. A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times ARTICLE 13 - TESTS AND INSPECTIONS; (or Milestones) due to delay beyond the control of CORRECTION, REMOVAL OR ACCEPTANCE OF CONTRACTOR, the Contract Times (or Milestones) will be DEFECTIVE WORK extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts 00700 - 34 13.01 Notice of Defects designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the A. Prompt notice of all defective Work of which Work. Such inspections, tests, or approvals shall be OWNER or ENGINEER has actual knowledge will be given performed by organizations acceptable to OWNER and to CONTRACTOR. All defective Work may be rejected, ENGINEER. corrected, or accepted as provided in this Article 13. E. If any Work (or the work of others) that is to be 13.02 Access to Work inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if A. OWNER, ENGINEER, ENGINEER's Consultants, requested by ENGINEER, be uncovered for observation. other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with F. Uncovering Work as provided in paragraph 13.03.E jurisdictional interests will have access to the Site and the shall be at CONTRACTOR's expense unless CON 1RACTOR Work at reasonable times for their observation, inspecting, has given ENGINEER timely notice of CONTRACTOR's and testing. CONTRACTOR shall provide them proper and intention to cover the same and ENGINEER has not acted safe conditions for such access and advise them of with reasonable promptness in response to such notice. CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.04 Uncovering Work 13.03 Tests and Inspections A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, A. CONTRACTOR shall give ENGINEER timely be uncovered for ENGINEER's observation and replaced at notice of readiness of the Work for all required inspections, CONTRACTOR's expense. tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected B. OWNER shall employ and pay for the services of an or tested by others, CONTRACTOR, at ENGINEER's independent testing laboratory to perform all inspections, request, shall uncover, expose, or otherwise make available tests, or approvals required by the Contract Documents for observation, inspection, or testing as ENGINEER may except: require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that 1. for inspections, tests, or approvals covered by such Work is defective, CONTRACTOR shall pay all Claims, paragraphs 13.03.0 and 13.03.D below; costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other 2. that costs incurred in connection with tests or professionals and all court or arbitration or other dispute inspections conducted pursuant to paragraph 13.04 13 resolution costs) arising out of or relating to such uncovering, shall be paid as provided in said paragraph 13.04.B; and exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not 3. as otherwise specifically provided in the Con- limited to all costs of repair or replacement of work of others); tract Documents. and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the C. If Laws or Regulations of any public body having amount thereof, OWNER may make a Claim therefor as jurisdiction require any Work (or part thereof) specifically to provided in paragraph 10.05. If, however, such Work is not be inspected, tested, or approved by an employee or other found to be defective, CONTRACTOR shall be allowed an representative of such public body, CONTRACTOR shall increase in the Contract Price or an extension of the Contract assume full responsibility for arranging and obtaining such Times (or Milestones), or both, directly attributable to such inspections, tests, or approvals, pay all costs in connection uncovering, exposure, observation, inspection, testing, therewith, and furnish ENGINEER the required certificates replacement, and reconstruction. If the parties are unable to of inspection or approval. agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any 13.05 OWNER May Stop the Work inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be A. If the Work is defective, or CONTRACTOR fails to incorporated in the Work; or acceptance of materials, mix supply sufficient skilled workers or suitable materials or 00700 - 35 equipment, or fails to perform the Work in such a way that B. In special circumstances where a particular item of the completed Work will conform to the Contract Documents, equipment is placed in continuous service before Substantial OWNER may order CONTRACTOR to stop the Work, or any Completion of all the Work, the correction period for that portion thereof, until the cause for such order has been elimi- item may start to run from an earlier date if so provided in the nated; however, this right of OWNER to stop the Work shall Specifications or by Written Amendment. not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any C. Where defective Work (and damage to other Work Subcontractor, any Supplier, any other individual or entity, or resulting therefrom) has been corrected or removed and any surety for, or employee or agent of any of them. replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an 13.06 Correction or Removal of Defective Work additional period of one year after such correction or removal and replacement has been satisfactorily completed. A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the D. CONTRACTOR's obligations under this paragraph Work has been rejected by ENGINEER, remove it from the 13.07 are in addition to any other obligation or warranty. The Project and replace it with Work that is not defective. provisions of this paragraph 13.07 shall not be construed as CONTRACTOR shall pay all Claims, costs, losses, and a substitute for or a waiver of the provisions of any applicable damages (including but not limited to all fees and charges of statute of limitation or repose. engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) 13.08 Acceptance of Defective Work arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement A. If, instead of requiring correction or removal and of work of others). replacement of defective Work, OWNER (and. prior to ENGINEER's recommendation of final payment, 13.07 Correction Period ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and A, If within one year after the date of Substantial damages (including but not limited to all fees and charges of Completion or such longer period of time as may be engineers, architects, attorneys, and other professionals and prescribed by Laws or Regulations or by the terms of any all court or arbitration or other dispute resolution costs) applicable special guarantee required by the Contract attributable to OWNER's evaluation of and determination to Documents or by any specific provision of the Contract accept such defective Work (such costs to be approved by Documents, any Work is found to be defective, or if the repair ENGINEER as to reasonableness) and the diminished value of any damages to the land or areas made available for of the Work to the extent not otherwise paid by CONTRACTOR's use by OWNER or permitted by Laws and CONTRACTOR pursuant to this sentence. If any such Regulations as contemplated in paragraph 6.11.A is found to acceptance occurs prior to ENGINEER's recommendation of be defective, CONTRACTOR shall promptly, without cost to final payment, a Change Order will be issued incorporating OWNER and in accordance with OWNER's written the necessary revisions in the Contract Documents with instructions: (i) repair such defective land or areas, or (ii) respect to the Work, and OWNER shall be entitled to an correct such defective Work or, if the defective Work has been appropriate decrease in the Contract Price, reflecting the rejected by OWNER, remove it from the Project and replace diminished value of Work so accepted. If the parties are it with Work that is not defective, and (iii) satisfactorily unable to agree as to the amount thereof, OWNER may make correct or repair or remove and replace any damage to other a Claim therefor as provided in paragraph 10.05. If the Work, to the work of others or other land or areas resulting acceptance occurs after such recommendation, an appropriate therefrom. If CONTRACTOR does not promptly comply amount will be paid by CONTRACTOR to OWNER with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER 13.09 OWNER May Correct Defective Work may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, A. If CONTRACTOR fails within a reasonable time costs, losses, and damages (including but not limited to all after written notice from ENGINEER to correct defective fees and charges of engineers, architects, attorneys, and other Work or to remove and replace rejected Work as required by professionals and all court or arbitration or other dispute ENGINEER in accordance with paragraph 13.06.A, or if resolution costs) arising out of or relating to such correction CONTRACTOR fails to perform the Work in accordance or repair or such removal and replacement (including but not with the Contract Documents, or if CONTRACTOR fails to limited to all costs of repair or replacement of work of others) comply with any other provision of the Contract Documents, will be paid by CONTRACTOR. 00700 - 36 OWNER may, after seven days written notice to 14.02 Progress Payments CONTRACTOR, correct and remedy any such deficiency. A. Applications for Payments B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In 1. At least 20 days before the date established for connection with such corrective and remedial action, each progress payment (but not more often than once a OWNER may exclude CONTRACTOR from all or part of the month), CONTRACTOR shall submit to ENGINEER for Site, take possession of all or part of the Work and suspend review an Application for Payment filled out and signed CONTRACTOR's services related thereto, take possession of by CONTRACTOR covering the Work completed as of CONTRACTOR's tools, appliances, construction equipment the date of the Application and accompanied by such and machinery at the Site, and incorporate in the Work all supporting documentation as is required by the Contract materials and equipment stored at the Site or for which Documents. If payment is requested on the basis of OWNER has paid CONTRACTOR but which are stored materials and equipment not incorporated in the Work elsewhere. CONTRACTOR shall allow OWNER, OWNER's but delivered and suitably stored at the Site or at another representatives, agents and employees, OWNER's other location agreed to in writing, the Application for contractors, and ENGINEER and ENGINEER's Consultants Payment shall also be accompanied by a bill of sale, access to the Site to enable OWNER to exercise the rights and invoice, or other documentation warranting that remedies under this paragraph. OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and C. All Claims, costs, losses, and damages (including but equipment are covered by appropriate property insurance not limited to all fees and charges of engineers, architects, or other arrangements to protect OWNER's interest attorneys, and other professionals and all court or arbitration therein, all of which must be satisfactory to OWNER. or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this 2. Beginning with the second Application for paragraph 13.09 will be charged against CONTRACTOR, Payment, each Application shall include an affidavit of and a Change Order will be issued incorporating the CONTRACTOR stating that all previous progress necessary revisions in the Contract Documents with respect payments received on account of the Work have been to the Work; and OWNER shall be entitled to an appropriate applied on account to discharge CONTRACTOR's decrease in the Contract Price, If the parties are unable to legitimate obligations associated with prior Applications agree as to the amount of the adjustment, OWNER may make for Payment. a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be 3. The amount of retainage with respect to pro - limited to all costs of repair, or replacement of work of others gress payments will be as stipulated in the Agreement. destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. B. Review of Applications D. CONTRACTOR shall not be allowed an extension 1. ENGINEER will, within 10 days after receipt of of the Contract Times (or Milestones) because of any delay in each Application for Payment, either indicate in writing the performance of the Work attributable to the exercise by a recommendation of payment and present the OWNER of OWNER's rights and remedies under this Application to OWNER or return the Application to paragraph 13.09. CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary ARTICLE 14 - PAYMENTS TO CONTRACTOR AND corrections and resubmit the Application. COMPLETION 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute 14.01 Schedule of Values a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed A. The schedule of values established as provided in Work as an experienced and qualified design profession- paragraph 2.07.A will serve as the basis for progress al and on ENGINEER's review of the Application for payments and will be incorporated into a form of Application Payment and the accompanying data and schedules, that for Payment acceptable to ENGINEER. Progress payments to the best of ENGINEER's knowledge, information and on account of Unit Price Work will be based on the number belief: of units completed. 00700 - 37 a. the Work has progressed to the point results of subsequent inspections or tests, revise or revoke indicated; any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's b. the quality of the Work is generally in opinion to protect OWNER from loss because: accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole a. the Work is defective, or completed Work prior to or upon Substantial Completion, to the has been damaged, requiring correction or replace - results of any subsequent tests called for in the ment; Contract Documents, to a final determination of quantities and classifications for Unit Price Work b. the Contract Price has been reduced by under paragraph 9.08, and to any other Written Amendment or Change Orders; qualifications stated in the recommendation); and c. OWNER has been required to correct defect - c. the conditions precedent to ive Work or complete Work in accordance with CONTRACTOR's being entitled to such payment paragraph 13.09; or appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in para- 3. By recommending any such payment ENGI- graph 15.02.A. NEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the C. Payment Becomes Due quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in 1. Ten days after presentation of the Application progress, or involved detailed inspections of the Work for Payment to OWNER with ENGINEER's recom- beyond the responsibilities specifically assigned to mendation, the amount recommended will (subject to the ENGINEER in the Contract Documents; or (ii) that there provisions of paragraph 14.02.D) become due, and when may not be other matters or issues between the parties due will be paid by OWNER to CONTRACTOR. that might entitle CONTRACTOR to be paid addition - ally by OWNER or entitle OWNER to withhold payment D. Reduction in Payment to CONTRACTOR. 1. OWNER may refuse to make payment of the full 4. Neither ENGINEER's review of amount recommended by ENGINEER because: CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation a. claims have been made against OWNER on of any payment, including final payment, will impose account of CONTRACTOR's performance or fur - responsibility on ENGINEER to supervise, direct, or nishing of the Work; control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety b. Liens have been filed in connection with the precautions and programs incident thereto, or for CON- Work, except where CONTRACTOR has delivered TRACTOR's failure to comply with Laws and Regu- a specific Bond satisfactory to OWNER to secure the lations applicable to CONTRACTOR's performance of satisfaction and discharge of such Liens; the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make c. there are other items entitling OWNER to a any examination to ascertain how or for what purposes set -off against the amount recommended; or CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the d. OWNERhas actual knowledge of the occur - Work, materials, or equipment has passed to OWNER rence of any of the events enumerated in paragraphs free and clear of any Liens. 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, 2. If OWNER refuses to make payment of the full it would be incorrect to make the representations to amount recommended by ENGINEER, OWNER must OWNER referred to in paragraph 14.02.B.2. ENGI- give CONTRACTOR immediate written notice (with a NEER may also refuse to recommend any such payment copy to ENGINEER) stating the reasons for such action or, because of subsequently discovered evidence or the and promptly pay CONTRACTOR any amount 00700 - 38 remaining after deduction of the amount so withheld. ENGINEER will deliver to OWNER and CONTRACTOR a OWNER shall promptly pay CONTRACTOR the written recommendation as to division of responsibilities amount so withheld, or any adjustment thereto agreed to pending final payment between OWNER and by OWNER and CONTRACTOR, when CONTRAC- CONTRACTOR with respect to security, operation, safety, TOR corrects to OWNER's satisfaction the reasons for and protection of the Work, maintenance, heat, utilities, such action. insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so 3. If it is subsequently determined that OWNER's inform ENGINEER in writing prior to ENGINEER's issuing refusal of payment was not justified, the amount the definitive certificate of Substantial Completion, wrongfully withheld shall be treated as an amount due as ENGINEER's aforesaid recommendation will be binding on determined by paragraph 14.02.C.1. OWNER and CONTRACTOR until final payment. 14.03 CONTRACTOR's Warranty of Title B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial A. CONTRACTOR warrants and guarantees that title Completion. but OWNER shall allow CONTRACTOR to all Work, materials, and equipment covered by any reasonable access to complete or correct items on the tentative Application for Payment, whether incorporated in the Project list. or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.05 Partial Utilization 14.04 Substantial Completion A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has A. When CONTRACTOR considers the entire Work specifically been identified in the Contract Documents, or ready for its intended use CONTRACTOR shall notify which OWNER, ENGINEER, and CONTRACTOR agree OWNER and ENGINEER in writing that the entire Work is constitutes a separately functioning and usable part of the substantially complete (except for items specifically listed by Work that can be used by OWNER for its intended purpose CONTRACTORas incomplete) and request that ENGINEER without significant interference with CONTRACTOR's issue a certificate of Substantial Completion. Promptly performance of the remainder of the Work, may be thereafter, OWNER, CONTRACTOR, and ENGINEER shall accomplished prior to Substantial Completion of all the Work make an inspection of the Work to determine the status of subject to the following conditions. completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify 1. OWNER at any time may request CON - CONTRACTOR in writing giving the reasons therefor. If TRACTOR in writing to permit OWNER to use any such ENGINEER considers the Work substantially complete, part of the Work which OWNER believes to be ready for ENGINEER will prepare and deliver to OWNER a tentative its intended use and substantially complete. If certificate of Substantial Completion which shall fix the date CONTRACTOR agrees that such part of the Work is of Substantial Completion. There shall be attached to the substantially complete, CONTRACTOR will certify to certificate a tentative list of items to be completed or corrected OWNER and ENGINEER that such part of the Work is before final payment. OWNER shall have seven days after substantially complete and request ENGINEER to issue receipt of the tentative certificate during which to make a certificate of Substantial Completion for that part of the written objection to ENGINEER as to any provisions of the Work. CONTRACTOR at any time may notify OWNER certificate or attached list. If, after considering such and ENGINEER in writing that CONTRACTOR objections, ENGINEER concludes that the Work is not considers any such part of the Work ready for its substantially complete, ENGINEER will within 14 days after intended use and substantially complete and request submission of the tentative certificate to OWNER notify ENGINEER to issue a certificate of Substantial CONTRACTOR in writing, stating the reasons therefor. If, Completion for that part of the Work. Within a after consideration of OWNER's objections, ENGINEER reasonable time after either such request, OWNER, considers the Work substantially complete, ENGINEER will CONTRACTOR, and ENGINEER shall make an within said 14 days execute and deliver to OWNER and inspection of that part of the Work to determine its status CONTRACTOR a definitive certificate of Substantial of completion. If ENGINEER does not consider that part Completion (with a revised tentative list of items to be of the Work to be substantially complete, ENGINEER completed or corrected) reflecting such changes from the will notify OWNER and CONTRACTOR in writing tentative certificate as ENGINEER believes justified after giving the reasons therefor. If ENGINEER considers consideration of any objections from OWNER. At the time of that part of the Work to be substantially complete, the delivery of the tentative certificate of Substantial Completion provisions of paragraph 14.04 will apply with respect to 00700 - 39 certification of Substantial Completion of that part of the Subcontractor or Supplier fails to famish such a release Work and the division of responsibility in respect thereof or receipt in full, CONTRACTOR may furnish a Bond or and access thereto. other collateral satisfactory to OWNER to indemnify OWNER against any Lien. 2. No occupancy or separate operation of part of the B. Review of Application and Acceptance Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property 1. If, on the basis of ENGINEER's observation of insurance, the Work during construction and final inspection, and ENGINEER's review of the final Application for 14.06 Final Inspection Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that A. Upon written notice from CONTRACTOR that the the Work has been completed and CONTRACTOR's entire Work or an agreed portion thereof is complete, other obligations under the Contract Documents have ENGINEER will promptly make a final inspection with been fulfilled, ENGINEER will, within ten days after OWNER and CONTRACTOR and will notify CON- receipt of the final Application for Payment, indicate in TRACTOR in writing of all particulars in which this writing ENGINEER's recommendation of payment and inspection reveals that the Work is incomplete or defective. present the Application for Payment to OWNER for CONTRACTOR shall immediately take such measures as are payment. At the same time ENGINEER will also give necessary to complete such Work or remedy such deficiencies. written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.07 Final Payment 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating A. Application for Payment in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the 1. After CONTRACTOR has, in the opinion of necessary corrections and resubmit the Application for ENGINEER, satisfactorily completed all corrections Payment. identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- C. Payment Becomes Due tenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance 1. Thirty days after the presentation to OWNER of certificates of inspection, marked -up record documents the Application for Payment and accompanying docu- (as provided in paragraph 6.12), and other documents, mentation, the amount recommended by ENGINEER CONTRACTOR may make application for final payment will become due and, when due, will be paid by OWNER following the procedure for progress payments. to CONTRACTOR. 2. The final Application for Payment shall be 14.08 Final Completion Delayed accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, A. If, through no fault of CONTRACTOR, final including but not limited to the evidence of insurance completion of the Work is significantly delayed, and if required by subparagraph 5.04.13.7; (ii) consent of the ENGINEER so confirms, OWNER shall, upon receipt of surety, if any, to final payment; and (iii) complete and CONTRACTOR's final Application for Payment and legally effective releases or waivers (satisfactory to recommendation ofENGINEER, and without terminating the OWNER) of all Lien rights arising out of or Liens filed Agreement, make payment of the balance due for that portion in connection with the Work. of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed 3. In lieu of the releases or waivers of Liens or corrected is less than the retainage stipulated in the specified in paragraph 14.07.A.2 and as approved by Agreement, and if Bonds have been furnished as required in OWNER, CONTRACTOR may furnish receipts or paragraph 5.01, the written consent of the surety to the releases in full and an affidavit of CONTRACTOR that: payment of the balance due for that portion of the Work fully (i) the releases and receipts include all labor, services, completed and accepted shall be submitted by CON - material, and equipment for which a Lien could be filed; TRACTOR to ENGINEER with the Application for such and (ii) all payrolls, material and equipment bills, and payment. Such payment shall be made under the terms and other indebtedness connected with the Work for which conditions governing final payment, except that it shall not OWNER or OWNER's property might in any way be constitute a waiver of Claims. responsible have been paid or otherwise satisfied. If any 00700 - 40 • 14.09 Waiver of Claims 4. CONTRACTOR's violation in any substantial final payment will way of any provisions of the Contract Documents. A. The making and acceptance of constitute: B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR 1. a waiver of all Claims by OWNER against (and the surety, if any) seven days written notice, terminate CONTRACTOR, except Claims arising from unsettled the services of CONTRACTOR, exclude CONTRACTOR Liens, from defective Work appearing after final from the Site, and take possession of the Work and of all inspection pursuant to paragraph 14.06, from failure to CONTRACTOR'S tools, appliances, construction equipment, comply with the Contract Documents or the terms of any and machinery at the Site, and use the same to the full extent special guarantees specified therein, or from they could be used by CONTRACTOR (without liability to CONTRACTOR'S continuing obligations under the CONTRACTOR for trespass or conversion), incorporate in Contract Documents; and the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are 2. a waiver of all Claims by CONTRACTOR stored elsewhere, and finish the Work as OWNER may deem against OWNER other than those previously made in expedient. In such case, CONTRACTOR shall not be entitled writing which are still unsettled. to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all ARTICLE 15 - SUSPENSION OF WORK AND fees and charges of engineers, architects, attorneys, and other TERMINATION professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to 15.01 OWNER May Suspend Work CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the A. At any time and without cause, OWNER may difference to OWNER. Such claims, costs, losses, and suspend the Work or any portion thereof for a period of not damages incurred by OWNER will be reviewed by more than 90 consecutive days by notice in writing to CON- ENGINEER as to their reasonableness and, when so approved TRACTOR and ENGINEER which will fix the date on which by ENGINEER, incorporated in a Change Order. When Work will be resumed. CONTRACTOR shall resume the exercising any rights or remedies under this paragraph Work on the date so fixed. CONTRACTOR shall be allowed OWNER shall not be required to obtain the lowest price for an adjustment in the Contract Price or an extension of the the Work performed. Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as C. Where CONTRACTOR'S services have been so provided in paragraph 10.05. terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then 15.02 OWNER May Terminate for Cause existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not A. The occurrence of any one or more of the following release CONTRACTOR from liability. events will justify termination for cause: 15.03 OWNER May Terminate For Convenience 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents A. Upon seven days written notice to CONTRACTOR (including, but not limited to, failure to supply sufficient and ENGINEER, OWNER may, without cause and without skilled workers or suitable materials or equipment or prejudice to any other right or remedy of OWNER, elect to failure to adhere to the progress schedule established terminate the Contract. In such case, CONTRACTOR shall under paragraph 2.07 as adjusted from time to time be paid (without duplication of any items): pursuant to paragraph 6.04); 1. for completed and acceptable Work executed in 2. CONTRACTOR' s disregard of Laws or Regula- accordance with the Contract Documents prior to the tions of any public body having jurisdiction; effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 3. CONTRACTOR'S disregard of the authority of ENGINEER; or 2. for expenses sustained prior to the effective date of termination in performing services and furnishing 00700 - 41 labor, materials, or equipment as required by the method and procedure has been set forth, and subject to the Contract Documents in connection with uncompleted provisions of paragraphs 9.09 and 10.05, OWNER and CON - Work, plus fair and reasonable sums for overhead and TRACTOR may exercise such rights or remedies as either profit on such expenses; may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals ARTICLE 17 - MISCELLANEOUS and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 17.01 Giving Notice 4. for reasonable expenses directly attributable to A. Whenever any provision of the Contract Documents termination. requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or B. CONTRACTOR shall not be paid on account of loss to a member of the firm or to an officer of the corporation for of anticipated profits or revenue or other economic loss whom it is intended, or if delivered at or sent by registered or arising out of or resulting from such termination. certified mail, postage prepaid, to the last business address known to the giver of the notice. 15.04 CONTRACTOR May Stop Work or Terminate 17.02 Computation of Times A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by A. When any period of time is referred to in the OWNER or under an order of court or other public authority, Contract Documents by days, it will be computed to exclude or ENGINEER fails to act on any Application for Payment the first and include the last day of such period. If the last within 30 days after it is submitted, or OWNER fails for 30 day of any such period falls on a Saturday or Sunday or on a days to pay CONTRACTOR any sum finally determined to be day made a legal holiday by the law of the applicable due, then CONTRACTOR may, upon seven days written jurisdiction, such day will be omitted from the computation. notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure 17.03 Cumulative Remedies within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in A. The duties and obligations imposed by these General paragraph 15.03. In lieu of terminating the Contract and Conditions and the rights and remedies available hereunder without prejudice to any other right or remedy, if ENGINEER to the parties hereto are in addition to, and are not to be has failed to act on an Application for Payment within 30 construed in any way as a limitation of, any rights and days after it is submitted, or OWNER has failed for 30 days remedies available to any or all of them which are otherwise to pay CONTRACTOR any sum finally determined to be due, imposed or available by Laws or Regulations, by special CONTRACTOR may, seven days after written notice to warranty or guarantee, or by other provisions of the Contract OWNER and ENGINEER, stop the Work until payment is Documents, and the provisions of this paragraph will be as made of all such amounts due CONTRACTOR, including effective as if repeated specifically in the Contract Documents interest thereon. The provisions of this paragraph 15.04 are in connection with each particular duty, obligation, right, and not intended to preclude CONTRACTOR from making a remedy to which they apply. Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage 17.04 Survival of Obligations directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing ARTICLE 16 - DISPUTE RESOLUTION obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no 00700 - 42 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - 43 00800 SUPPLEMENTARY CONDITIONS The terms in the Supplementary Conditions will have the same meaning as in the General Conditions of the Construction Contract (EJCDC No. 1910 -8, 1996) SC -1.01 Make the following modifications to 1.01 Defined Terms A. Delete 1.01 A. 19. And insert the following: "19.ENGINEER shall mean Freese and Nichols, Inc.,10814 Jollyville Road, Building 4, Suite 100, Austin, Texas 78759, or its designated representative." B. Add the following to 1.01 A. 20. "The ENGINEER'S Consultants are:" C. Add the following to 1.01 A.: 51. MODIFICATION - (a) Written Amendment; (b) Change Order; (c) Field Order; (d) Work Change Directive SC -1.02 Make the following modifications to 1.02 Terminology. A. The following shall be added and /or deleted to paragraph 1.02 Terminology: B.1. The sentence shall be deleted and the following added: "B.1. A "calendar day" shall be a day of twenty -four hours measured from midnight to the next midnight, and is any day of the year, no days being excepted." B. Add the following: "8.2. A "working day" shall be a day, not including Saturdays, Sundays or any of the following holidays: New Year, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, in which weather or other conditions not under the control of the CONTRACTOR will permit construction of the principal units of the work for a period of not less than seven hours between 7:00 a.m. and 6:00 p.m. " SC -2.02 Make the following modifications to 2.02 Copies of Documents. A. Amend the first sentence of paragraph GC -2.02 A. by deleting "ten copies" and replacing it with "five copies ". SC -2.05 Make the following modifications to 2.05 Before Starting Construction A. Delete Paragraph 2.05 A. of the General Conditions in its entirety and insert the following in its place: "2.05 A. CONTRACTOR's Review of Construction Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any work affected thereby. In the event of a conflict in the Drawings, Specifications, or other portions of the Contract Documents which were not reported prior to the Bidding of the Contract, the CONTRACTOR shall be deemed to have included the most expensive in his Bid." Supplementary Conditions 00800 -1 SC -2.07 Make the following modifications to 2.07 Initial Acceptance of Schedules A. Amend Paragraph 2.07 A. by adding the following: "Such acceptance of the contract completion schedule in no way affects the Contract Times." SC -2.08 Make the following modifications to 2.07 Initial Acceptance of Schedules A. Add a new paragraph immediately after paragraph 2.07 of the General Conditions which is to read as follows: "2.08 The Contract Times may be changed only as set forth in Article 12 of the General Conditions, and a progress schedule shall not constitute a change in the Contract Times." SC -3.01 Make the following modifications to 3.01 Intent. A. Add to paragraph 3.01 "3.01 D. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. The Contract Documents may be altered only by a Modification ° SC -3.03 Make the following modifications to 3.03 Reporting and Resolving Discrepancies A. Amend paragraph 3.03. A.1. of the General Conditions by striking out the following words: ; provided , however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof." and add the following: "In the event of a conflict in the Drawings, Specifications, or other portions of the Contract Documents which were not reported prior to the Bidding of the Contract, the CONTRACTOR shall be deemed to have included the most expensive in his Bid." SC -4.02 Make the following modifications to 4.02 Subsurface and Physical Conditions A. As set forth in paragraph 4.02, ENGINEER OR ENGINEER's Consultants in the preparation of Drawings and Specifications have relied upon: "4.02.A.1 The following reports of explorations and tests of subsurface conditions at or contiguous to the site of the Work. 4.02.A1.1 Report dated September 28, 2007 prepared by Olson Engineering, Inc. entitled: "Nondestructive Evaluation Investigation for Subgrade Voids below Downstream and Crest Areas, Flat Rock and Ingram Darns, Kerr County, Texas" consisting of 35 pages plus appendices. CONTRACTOR recognizes that the technical data listed reflect only the conditions for the day the data was collected and reflects only conditions existing at the exact location of Samples. SC -4.03 Make the following modifications to 4.03 Differing Subsurface or Physical Conditions. A. Amend paragraph 4,03 A. by deleting "promptly" and inserting "within three (3) days." SC -4.04 Make the following modifications to 4.04 Underground Facilities. A. Amend the first sentence of paragraph 4.04 B.1.as follows: " accuracy in the Contract Documents, CONTRACTOR shall, within three (3) days after becoming aware thereof " B. Amend the second sentence of paragraph 4.04 B.2.as follows: Supplementary Conditions 00800 -2 "An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent ...." SC -4.06 Make the following modifications to 4.06 Hazardous Environmental Conditions at Site A. Amend paragraph 4.06 G. by changing reference to paragraph 4.06 E. to paragraph 4.06 G. B. Amend paragraph 4.06 H. by changing reference to paragraph 4.06 F. to paragraph 4.06 H. SC -5.01 Make the following modifications to 5.01 Performance, Payment and Other Bonds A. Add new paragraphs immediately after paragraph 5.01C "D. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond or payment bond. By Contractor furnishing and Owner accepting these bonds, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor under these bonds, subject to Owner's priority to use the funds for the completion of the Work. E. Contractor or surety on behalf of Contractor shall promptly notify the Owner of all claims filed against the Payment Bond. When a claimant has satisfied the conditions prescribed by Texas Government Code 2253, the Contractor or surety on behalf of Contractor shall, with reasonable promptness, notify the claimant and Owner of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Contractor or surety on behalf of Contractor shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Contractor or surety on behalf of Contractor to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Contractor or surety as to such claim or otherwise constitute a waiver of the Contractor's or surety's defenses to, or right to dispute, such claim. F. Owner shall not be liable for payment of any costs or expenses of any claimant under Payment Bonds, and shall have no obligations to make payments to, give notices on behalf of, or otherwise have obligations to claimants under Payment Bonds." SC -5.03 Make the following modifications to 5.03 Certificates of Insurance A. Delete the following from Paragraph 5.03 A.: "OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain." SC -5.04 The following additional information is provided as required by paragraph 5.04 Contractor's Liability Insurance. "A. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide the following coverage for not less than the following amounts or greater where required by Laws and Regulations. Supplementary Conditions 00800-3 Workers' Compensation, etc., under Paragraphs 5.04.A.1 and A.2. of the General Conditions: 1) State: Statutory 2) Applicable Federal (e.g., Longshore) Statutory 3) Employers' Liability: Bodily Injury by Accident $500,000 Bodily Injury by Disease - Each Employee $500,000 Bodily Injury by Disease - Policy Limit $500,000 4) Maritime Coverage Endorsement Insurance shall include a waiver of subrogation in favor of the OWNER and ENGINEER, its officers, employees, agents and subconsultants. B. Contractor's Liability Insurance required by Paragraph 5.04.A.3, 5.04.A.4 and 5.04.A.5 is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations: (1) General Aggregate $1,000,000 / Occurrence (Except Products - Completed Operations) $2,000,000 / Aggregate (2) Products - Completed Operations Aggregate $1,000,000 / Occurrence $2,000,000 / Aggregate (3) Personal and Advertising Injury $1,000,000 (One Person /Organization) (4) Each Occurrence $1,000,000 (Bodily Injury and Property Damage) (5) Limit Per Person - Medical Expense $5,000 (6) Personal Injury Liability coverage will include claims $1,000,000 arising out of Employment Practices Liability, limited to coverage provided under standard contract (7) Property Damage Liability insurance will provide $1,000,000 explosion, collapse and underground coverage where applicable (8) Watercraft Liability Policy: Coverage shall apply to $1,000,000 all self propelled vessels (9) Excess Liability, Umbrella Form to include coverage $1,000,000 of Watercraft Liability. General Aggregate - Each Occurrence Contractor's Liability Insurance shall also include completed operations and product liability coverage, and eliminate the exclusion with respect to property under the care, custody and control of Contractor. In lieu of elimination of the exclusion, Contractor may provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. The Supplementary Conditions 00800-4 Installation Floater insurance shall be a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work. Coverage under the Contractors Installation Floater will include: • faulty or defective workmanship, materials, maintenance or construction, • cost to remove defective or damaged Work from the project site or to protect it from loss or damage, • cost to cleanup and remove pollutants, • coverage for testing and start up, • any loss to property while in transit, • any loss at the Project Site, • any loss while in storage, both on -site and off -site, and • any loss to temporary project works if their value is included in the Contract Price. Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Contractor's Installation Floater will provide limits of insurance adequate to cover the value of the installation. The Contractor will be solely responsible for any deductible carried under this coverage and claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. This policy will include a waiver of subrogation for those listed as additional insured in these Supplemental Conditions. C. Contractor's Automobile Liability Insurance required by Paragraph 5.04.A.6 is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations. (1) Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 Property Damage - Each Accident: $1,000,000 or (2) Combined Single Limit (Bodily Injury and Property $1,000,000 Damage) D. Additional insured on all insurance policies in accordance with Paragraph 5.04 8.1 include: Kerr County Freese and Nichols, Inc SC -5.06 Make the following modifications to 5.06 Before Property Insurance A. Delete Paragraph 5.06 A. of the General Conditions in its entirety and insert the following in its place: "5.06 A. CONTRACTOR shall purchase and maintain property insurance upon the work at the site on a replacement cost basis with a limit not less than 100% of the building's replacement value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This limit should include "soft cost," or expenses relating to the construction project(s) over and above those costs which would have been incurred if there had been no loss. These soft costs should include, but not be limited to, interest, additional taxes, advertising /promotional expenses, additional commissions, loss of rents, architects or engineering fees. This insurance shall: Supplementary Conditions 00800 -5 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in paragraph 5.04 B.1 (SC -18) of these Supplementary Conditions, each of whom shall have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and Work in transit and shall insure against at least the following perils; fire lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment in transit to the Project site, and materials that the CONTRACTOR has taken possession of whether stored at the Project site, or 5. allow for Partial Utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.06 shall comply with the requirements of paragraph 5.06C." B. Delete Paragraph 5.06B. of the General Conditions in its entirety and insert the following in its place: "5.06 B. CONTRACTOR shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in paragraph 5.04 B.1 (SC -18) of these Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured." C. Delete Paragraph 5.06 D. of the General Conditions in its entirety and insert the following in its place: "D. OWNER shall not be responsible for purchasing and maintaining any insurance to protect the interest of the CONTRACTOR, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. CONTRACTOR shall determine the limits that are adequate . These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, CONTRACTOR is fully responsible for all losses arising out of, resulting from or connected with operations under this contract whether or not said losses are covered by insurance. The acceptance of certificates or other evidence of insurance by the OWNER, ENGINEER, and /or others listed as additional insured in Paragraph 5.04 B.1 (SC -18) that in any respect do not comply with the Contract requirements does not release the CONTRACTOR from compliance herewith." D. Delete Paragraph 5.06 E. of the General Conditions in its entirety. SC -6.05 Make the following modifications to 6.05 Substitutes and `Or Equals" Supplementary Conditions 00800 -6 A. Delete paragraph 6.05 A. in its entirety and add the following: "6.05 Substitutes and "Or Equals" A. Where equipment and products are specified by name, no substitutes or "or- equal" will be considered or approved unless the term "or- equal" is included in the acceptable manufacturer section of that Specification. 1. If substitutes or "or equals" are specifically permitted for consideration by the individual Specifications, they must be submitted and will be reviewed and evaluated in accordance with the provisions established in General Condition paragraph 6.05 and in Division 1 of the Specifications." B. Amend paragraph 6.05 B. by changing the reference in the last sentence from 6.05.A.2 to 6.05.A.1 C. Amend paragraph 6.05 C. by deleting the third sentence and replacing it with the following sentence: "No "or- equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order or Field Order." D. Amend paragraph 6.05 E. by changing the reference in the first sentence from 6.05.A.2 to 6.05.A.1. In addition, amend paragraph 6.05 E. by deleting the word "substitute" in all locations and replacing it with the phrase "substitute or "or- equal " ". SC -6.06 Make the following modifications to 6.06 Concerning Subcontractors, Suppliers and Others A. Amend paragraph 6.06 A. by adding the following to the last sentence: "unless called for in the Contract Documents." B. Amend paragraph 6.06 B. by deleting the words "Supplementary Conditions" in two places and replacing them with the words "Contract Documents ". C. Add a new paragraph immediately after paragraph 6.06 G of the General Conditions which is to read as follows: "6.06 H. OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other person or organization, to the extent practicable, information about amounts paid to CONTRACTOR in accordance with CONTRACTOR's Application for Payment on account of the particular Subcontractor's, Supplier's, other person's or other organization's Work." SC -6.09 Make the following modifications to 6.09 Laws and Regulations A. Add a new paragraph immediately after paragraph 6.09 C. of the General Conditions which is to read as follows: "6.09 D. All Bidders are required to complete and submit with their Bid the Vendor Compliance to State Law form, which follows the proposal." B. Add a new paragraph immediately after paragraph 6.09 D. (SC -30) of the General Conditions. Definitions included in this paragraph pertain only to this paragraph which is included verbatim as a statutory requirement of the State of Texas. The paragraph is to read as follows: "6.09 E. Workers Compensation Statement for Building or Construction Projects for Government entities in Texas A. Definitions: Supplementary Conditions 00800.7 Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC -81, TWCC-82, TWCC-83, or TW CC -84 ), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "Subcontractor" in 406.096) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent CONTRACTORS, Subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The CONTRACTOR shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Supplementary Conditions 00800 -8 I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the governmental entity that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to declare the contract void if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. " SC -6.10 Make the following modifications to 6.10 Taxes A. Add the following language at the end of the first sentence of paragraph 6.10 A. of the General Conditions: "The OWNER qualifies as an exempt agency as defined by the statutes of the State of Texas. The CONTRACTOR shall comply with all statutes and rulings of the State Comptroller. " Supplementary Conditions 00800 -9 SC -6.16 Make the following modifications to 6.16 Emergencies A. Amend paragraph 6.16 by revising the last sentence to read: "If ENGINEER determines that the incident giving rise to the emergency action was not the responsibility of the CONTRACTOR and that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. " SC -6.17 Make the following modifications to 6.17 Shop Drawings and Samples A. The paragraph 6.17 D.2. of the General Conditions is deleted in its entirety and the following article is added: "2. All Shop Drawings shall be in strict compliance with the Contract Documents. The CONTRACTOR may seek a deviation by requesting a Modification. All approved Written Amendments, Change Orders, Field Orders and/or Work Change Directives shall be incorporated into the Shop Drawings. The CONTRACTOR may submit a Shop Drawing or sample that varies from strict compliance with the Contract Documents providing the submittal is accompanied by a Shop Drawing Deviation Request form. If the proposed Modification is approved by the ENGINEER, the submittal will be considered to be in strict compliance with the Contract Documents and it will be reviewed in accordance with the Contract Documents. If the proposed Modification is not approved, the submittal will be returned to the CONTRACTOR with appropriate comments. All Shop Drawings shall bear a duly executed statement by the CONTRACTOR as set forth below. " THIS SHOP DRAWING HAS BEEN REVIEWED AND DETERMINED TO BE IN ❑ COMPLIANCE ❑ COMPLIANCE SUBJECT TO APPROVAL OF ATTACHED CHANGE ORDER /FIELD ORDER AND WITH THE CONTRACT DOCUMENTS AS MODIFIED BY ADDENDA, CHANGE ORDER AND FIELD ORDER. CONTRACTOR BY DATE B. Paragraph 6.17 D. 3. is deleted in its entirety. Add the following: "6.17 D. 3 The CONTRACTOR may submit a Shop Drawing or Sample that varies from strict compliance with the Contract Documents providing the submittal is accompanied by a proposed Change Order or Field Order. If the proposed Change Order or Field Order is approved by the ENGINEER, the submittal will be considered in strict compliance with the Contract Documents. Submittals under this provision shall beara duly executed statement by the CONTRACTOR as set forth in paragraph 6.17 D.2. as modified in these Supplementary Conditions. If the proposed Change Order or Field Order is approved by the ENGINEER, the submittal will be reviewed in accordance with the Contract Documents. If the Change Order or Field Order is not approved, the submittal will be returned to the CONTRACTOR with appropriate comments. " Supplementary Conditions 00800 -10 C. Delete the following from 6.17E.3. "unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval" D. Delete the last sentence in paragraph 6.17 F. The following shall be added: All resubmittals shall be in strict compliance with the Drawings, Specifications and Contract Documents, and only the changes permitted from the prior submittal shall be modifications or additional information addressing specifically the ENGINEER's previous comments. " SC -6.18 Make the following modifications to 6.18 Continuing the Work A. Delete the following from paragraph 6.18 — "or as OWNER and CONTRACTOR may otherwise agree in writing." Add the following language at the end of the second sentence of paragraph 6.18 of the General Conditions: "CONTRACTOR assumes and bears responsibility for all costs and time delays associated with any variation from the requirements of the Contract Documents. " SC -6.20 Make the following modifications to 6.20 INDEMNIFICATION A. Add new paragraphs immediately after paragraph 6.20 A.2: "3. FROM ALL CLAIMS, DEMANDS, LIENS, OR SUITS ALLEGING NON- PAYMENT BY CONTRACTOR BY ANY PERSON OR ENTITY WHO FURNISHED LABOR, MATERIALS, OR EQUIPMENT FOR USE IN THE PERFORMANCE OF THE CONTRACT, PROVIDED THERE IS NO OWNER DEFAULT." SC -9.03 Make the following modifications to 9.03 Project Representative A. Delete paragraph 9.03 in its entirety. Add the following: "9.03 Project Representative A. The ENGINEER will have a Resident Project Representative on the Site. The duties, responsibilities and the limitations of authority of the Resident Project Representative, and designated assistants, are as follows: 1. Resident Project Representative is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on -site Work shall in general be with ENGINEER and CONTRACTOR, keeping OWNER advised as necessary. Resident Project Representative's dealings with Subcontractors shall only be through or with full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of Resident Project Representative: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedules of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. Supplementary Conditions 00800 -11 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as OW NER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and Samples. b. Receive Samples which are furnished at the Site by CONTRACTOR, and notify ENGINEER of availability of Samples for examination. c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on -site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever Resident Project Representative believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work the Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems start-up and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe record and report to ENGINEER appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Request for Revisions: Consider and evaluate CONTRACTOR's suggestions for revisions to Drawings or Specifications and report with Resident Project Representative's recommendations to ENGINEER. Transmit to CONTRACTOR in writing decisions as issued by ENGINEER. 8. Records: Supplementary Conditions 00800 -12 a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents, including all Work Change Directives, Addenda, Change Orders, Field Orders, Written Amendments, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, submittals and correspondence received from and delivered to CONTRACTOR and other Project related documents. 9. Reports: a. Furnish to ENGINEER periodic reports as required of progress of the work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawings and Sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Written Amendments, Change Orders and Work Change Directives, obtaining backup material from CONTRACTOR and recommend to ENGINEER Written Amendments, Change Orders, Work Change Directives, and Field Orders. d. Report immediately to ENGINEER and OWNER the occurrence of any accident. 10. Payment Requests: Review Applications for Payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to OWNER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Observe whether CONTRACTOR has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Conduct a final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. Supplementary Conditions 00800 -13 C. Limitations of Authority of Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items), unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractor, Suppliers, or CONTRACTOR'S superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of OWNER or CONTRACTOR. 6. Shall not accept shop drawing or sample submittals from anyone other than the CONTRACTOR. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by ENGINEER. " SC -9.05 Make the following modifications to 9.05 Authorized Variations in Work A. Amend paragraph 9.05 by inserting the following sentence prior to the last sentence of the paragraph: "The CONTRACTOR shall notify the ENGINEER in writing prior to beginning any Work addressed in a Field Order if the CONTRACTOR does not agree that the Work involved represents no additional cost and /or time change in the Contract Documents. " SC -10.05 Make the following modifications to 10.05 Claims and Disputes A. Amend paragraph 10.05 as follows: "Change the reference in the first sentence from "30 days" to "7 days." SC -11.01 Make the following modifications to 11.01 Cost of the Work A. Amend paragraph 11.01 A. of the General Conditions by striking out the following words in the third sentence: "those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01 B." and adding the following: "those paid for the Work included in the Contract Price, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01 B. CONTRACTOR shall provide certified payroll records listing personnel classifications and salaries for all individuals involved in additional Work. Salaries for those not included in the certified payroll will be considered as being compensated under paragraph 11.01 B. ". B. Amend paragraph 11.01 A.1 of the General Conditions by striking out the following words in the second sentence: "without limitation superintendents, foreman" and adding the following: "one foreman (unless agreed upon prior to beginning Work) ". Supplementary Conditions 00800 -14 C. Amend paragraph 11.01 A.1 of the General Conditions by striking out the following words in the last sentence: "be included in the above" and adding the following: "not exceed 1.5 times regular pay and shall be included in the above" D. Amend paragraph 11.01 B.1 by adding the following to the list of excluded personnel in the first sentence: "superintendents" E. Amend paragraph 11.01 D. by modifying the sentence to read as follows; " and submit in a form and at intervals acceptable to ENGINEER ..." SC -11.03 Make the following modifications to 11.03 Unit Price Work A. Delete Paragraph 11.03 C. of the General Conditions in its entirety and insert the following in its place: "11.03 C. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment in accordance with paragraph 10.05 under the following conditions: 11.03 C.1. if the total cost of a particular item of Unit Price Work amounts to twenty percent (20 %) or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the CONTRACTOR differs by more than twenty percent (20 %) from the estimated quantity of such item indicated in the Agreement; and 11.03 C.2. if there is not corresponding adjustments with respect to any other item of Work; and 11.03 C.3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entitles OWNER to an adjustment in the Unit Price, either the OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11.01 if the parties are unable to agree as to the effect of any such variation in the quantity of the Unit Price Work performed. ' B. Add new paragraph following 11.03 "11.04 The CONTRACTOR agrees to make no claims for damage for delay in the performance of the Contract occasioned by any act or omission to act of the OWNER, ENGINEER, or any of the ENGINEER's or OWNER's agents, and agrees that any such claim shall be fully compensated by an extension of time, as set forth in a Change Order, to complete performance of the work as provided herein. " SC -12.03 Make the following modifications to 12.03 Delays Beyond CONTRACTOR'S Control A. Amend paragraph 12.03 A. by deleting "abnormal weather condition." Add following: No time extensions will be allowed for weather conditions for Projects using calendar days for the Contract Time. SC -13.07 Make the following modifications to 13.07 Correction Period A. Add the following to paragraph 13.07 A.: "When early acceptance of a Substantially Completed portion of the Work is accomplished in the manner indicated, the correction period for that portion of the Work shall commence at the time of substantial completion of that Work. " Supplementary Conditions 00800 -15 SC -14.02 Make the following modifications to 14.02 Progress Payments A. Paragraph 14.02A.3. is deleted in its entirety. Add the following: "14.02 A. 3. On projects where the total contract price at the time of execution of the Agreement is less than $400,000.00, the amount of retainage with respect to progress payments will be ten percent (10 %) of the total amount of completed Work and properly stored materials on hand. On projects where the total contract price at the time of execution of the Agreement is greater than or equal to $400,000.00, the amount of retainage with respect to progress payments will be five percent (5 %) of the total amount of completed Work and properly stored materials on hand. In addition to the amount retained above, the OWNER may retain additional amounts as set forth elsewhere in the Contract Documents. " B. Amend the first sentence of paragraph 14.02 C.1, to read as follows: "Thirty days after presentation of the Application for Payment to OWNER" C. Add new paragraphs immediately after paragraph 14.02 D.1.d. of the General Conditions which are to read as follows: "e. OWNER has been notified of failure to make payments to Subcontractors or Suppliers or for labor, or f. failure to submit up -to -date record documents as required by GC -6.12, or g. failure to submit monthly progress schedule updates or revised schedules as requested by the OWNER or ENGINEER, or h. failure to provide Project photographs required by Specifications. " D. Add new paragraph immediately after 14.02 D. 3. "4. OWNER may permanently withhold payment from Contract Price for a. liquidated damages incurred by CONTRACTOR, or b. compensation for ENGINEER for overtime charges of Resident Project Representative, third review of submittals, review of substitutions, reinspection fees, inspections or designs related to correction of defective Work, or other Services identified as requiring payment by the CONTRACTOR. Compensation will be based on the following rates: Position Hourly Rate Principal in Charge 225.00 Project Manager 200.00 Project Engineer 180.00 Construction Manager 180.00 Resident Engineer 175.00 Resident Project Representative 175.00 Senior Resident Representative 180.00 Design Engineer 160.00 Engineering Technician 110.00 Clerk 70.00 Expenses will be billed at the actual cost multiplied by 1.15. Supplementary Conditions 00800 -16 c. Costs for tests performed by the OWNER to verify that work previously tested and found to be defective has been corrected. Verification testing is to be provided at the CONTRACTOR's expense to verify products or constructed works are in compliance after corrections have been made. " SC -14.07 Make the following modifications to 14.07 Final Payment A. Add the following to paragraph 14.07 A.2 "If any claims were filed against the Payment Bond for the project, or if any liens were filed in connection with the work, Contractor shall provide a summary report indicating the disposition of these claims or liens with the releases or waivers. This report shall include a tabulation of the name of claimants, a description of the claim, amount of claim, date claim was filed, and date claim was settled." B. Add the following after paragraph 14.07 C. "In the event the CONTRACTOR fails to attain Final Completion of the entire Project (all bid items) within the Contract Time, the OWNER may withhold money permanently from the CONTRACTOR's total compensation a sum of Five Hundred Dollars ($500.00) per day as liquidated damages and for added expenses including engineering services, etc. The OWNER will be the sole judge as to whether the work has been completed within the allotted time. Accordingly, it is agreed and understood that said amount is to be assessed by the OWNER, not as a penalty, but as a predetermined and agreed upon liquidated damage. Additionally, assessment of liquidated damages by the OWNER shall not constitute a waiver of the OWNER's right to sue and collect additional damages which OWNER may sustain by the failure of the CONTRACTOR to perform in accordance with the terms of its Contract. " SC -17.05 Make the following modifications to 17.05 Controlling Law: A. Add the following paragraph after paragraph 17.05: "17.06 All references and conditions for a "calendar day contract" in the General Conditions and Supplementary Conditions shall apply for a "Fixed Date Contract." A "Fixed Date Contract' is one in which the calendar dates for reaching substantial completion and/or final completion are specified in lieu of identifying the actual calendar days involved. " END OF SECTION Supplementary Conditions 00800 -17 NAME OF OWNER NAME OF PROJECT PROJECT NUMBER ADDENDUM NO. _ Date of Addendum Note to specifier: Use the following paragraph if the time or location of the bid opening has changed: The time for the submission of Bids has been changed to [Day of week, month, date, year, time am /pm]. [The location for the submission of bid is unchanged]. OR [The new location for the submission of bids is [Name of Structure, street address, room number etc.] BID DATE: Day of week, month, date, year, time am /pm The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the plans and specifications and shall become a part of the Contract Documents. Bidders shall acknowledge receipt of this Addendum in the space provided on the Bid form. BIDDING REQUIREMENTS: A1-1 SECTION * * * ** - SECTION TITLE A. Reference Page [ ], Paragraph [ ]. Addition: or Deletion: or Modification: Modify the paragraph by deleting "Type verbatim the text to be deleted ", and adding the following "Type the text to be added." (As an option the exact language can be copied from the documents and edited using redline and strikeout) or Clarification: B. Reference Page [ ], Paragraph [ ]. Addition: or Deletion: or Modification: Modify the paragraph by deleting "Type verbatim the text to be deleted ", and adding the following "Type the text to be added? (As an option the exact language can be copied from the documents and edited using redline and ctrikcout) or Clarification: NOTE TO SPECIFIER: USE THE FOLLOWING PARAGRAPH TO REPLACE THE BID FORM A1-2 SECTION 00300 - BID Modification: Delete this section and replace it with the Bid Form included with this Addendum. The revised form is to be attached to the contract documents and submitted with the Bid. TECHNICAL SPECIFICATIONS: A1-3 SECTION * **** - SECTION TITLE A. Reference Page [ ], Paragraph [ ]. Addition: or Deletion: or Addendum No. 00900 -1 Project No. Modification: Modify the paragraph by deleting "Type verbatim the text to be deleted ", and adding the following "Type the text to be added." (As an option the exact language can be copied from the documents and edited using redline and strikeout) or Clarification: B. Reference Page [ ], Paragraph [ ]. Addition: or Deletion: or Modification: Modify the paragraph by deleting "Type verbatim the text to be deleted ", and adding the following "Type the text to be added." (As an option the exact language can be copied from the documents and edited using redline and strikeout) or Clarification: A1-4 SECTION " * " "* - SECTION TITLE A. Reference Page [ ], Paragraph [ ]. Addition: or Deletion: or Modification: Modify the paragraph by deleting "Type verbatim the text to be deleted ", and adding the following "Type the text to be added." (As an option the exact language can be copied from the documents and edited using redline and strikeout) or Clarification: B. Reference Page [ ], Paragraph [ ]. Addition: or Deletion: or Modification: Modify the paragraph by deleting "Type verbatim the text to be deleted ", and adding the following "Type the text to be added." (As an option the exact language can be copied from the documents and edited using redline and strikeout) or Clarification: A1-5 ADD THE FOLLOWING SECTIONS: LIST THE SECTIONS BY NUMBER AND TITLE A1-6 DELETE THE FOLLOWING SECTIONS: LIST THE SECTIONS BY NUMBER AND TITLE A1-7 REPLACE THE FOLLOWING SECTIONS: REPLACE SECTION WITH SECTION DRAWINGS: A1-8 SHEET *` - - *, SEQ. ** (OR SHEET " OF * *) A. Reference: Detail _, Schedule _, Section, B. Reference: Detail _, Schedule _, Section_. A1-9 SHEET * " -* SEQ. *" (OR SHEET * OF * *) A. Reference: Detail _, Schedule _, Section_. A1-10 ADD THE FOLLOWING SHEETS TO THE DRAWINGS: [LIST THE SHEETS BY NUMBER AND TITLE] Addendum No. 00900 -2 Project No. A1-11 DELETE THE FOLLOWING SHEETS FROM THE DRAWINGS: [LIST THE SHEETS BY NUMBER AND TITLE] A1-12 REPLACE THE FOLLOWING SHEETS REPLACE SHEET WITH SHEET END OF ADDENDUM NO. Addendum No. 00900 -3 Project No. 01005 DEFINITIONS AND TERMINOLOGY 1.00 GENERAL 1.01 SPECIFICATION TERMINOLOGY A. "Engineer" or "Architect" means Freese and Nichols, Inc., 10814 Jollyville Road, Building 4, Suite 100, Austin, Texas 78759, or its designated representative. B. "Furnish" means to supply, deliver and unload materials and equipment at the project site ready to install. C. "Install" means the operations at the project site including unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, training and similar operations required to prepare the materials and equipment for use, verify conformance with Contract Documents and prepare for acceptance and operation by the Owner. D. 'Provide" means to furnish and install materials and equipment. E. "Perform" means to complete the operations necessary to comply with the Contract Documents. F. "Indicated" means graphic representations, notes, or schedules on drawings, or other requirements in Contract Documents. Words such as "shown ", "noted ", "scheduled ", are used to help locate the reference. No limitation on the location is intended unless specifically noted. G. "Specified" means written representations in the bid documents or the technical specifications. H. "Regulation" means laws, statutes, ordinances, and lawful orders issued by authorities having jurisdiction, as well as, rules, conventions, and agreements within the construction industry that control performance of work, whether they are lawfully imposed by authorities having jurisdiction or not. I. "Installer" means an entity engaged by Contractor, either as an employee, subcontractor, or sub - subcontractor to install materials and /or equipment. Installers are to have successfully completed a minimum of five projects similar in size and scope to this project, have a minimum of five years of experience in the installation of similar materials and equipment, and comply with the requirements of the authority having jurisdiction. J. "Manufacturer" means an entity engaged by Contractor, as a subcontractor, or sub - subcontractor to furnish materials and /or equipment. Manufacturers are to have a minimum of five years experience in the manufacture of materials and equipment similar in size, capacity and scope to the specified materials and equipment. K. "Project site" means the space available to perform the work, either exclusively or in conjunction with others performing construction at the project site. L. "Testing laboratory" means an independent entity engaged to perform specific inspections or tests, either at the project site or elsewhere, and to report and interpret the results of those inspections or tests. Definitions and Terminology 01005 -1 M. "Listed" means equipment is included in a list published by a nationally recognized laboratory which makes periodic inspection of production of such equipment and states that such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner. N. "Labeled" means equipment that embodies a valid label, symbol, or other identifying mark of a nationally recognized testing laboratory such as Underwriters Laboratories, Inc. and production is periodically inspected in accordance with nationally recognized standards or tests to determine safe use in a specified manner. O. "Certified" used in context with materials and equipment means the material and equipment has been tested and found by a nationally recognized testing laboratory to meet specification requirements, or nationally recognized standards if requirements are not specified, and is safe for use in the specified manner. Production of the equipment must be periodically inspected by a nationally recognized testing laboratory and the equipment must bear a label, tag, or other record of certification. "Certified" used in context with labor performance or ability to install materials and equipment means that the abilities of the proposed installer have been tested by an representative of the specified testing agency authorized to issue certificates of competency and has met the prescribed standards for certification. "Certified" used in context with test reports, payment requests or other statements of fact means that the statements made on the document are a true statement as attested to by the certifying entity. 1.02 SPECIFICATION SENTENCE STRUCTURE A. Specifications are written in modified brief style. Requirements apply to all work of the same kind, class, and type even though the word "all" is not stated. B. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish ", "install ", "provide ", or similar words include the meaning of the phrase "The Contractor shall..." before these words. C. It is understood that the words "directed ", "designated ", "requested ", "authorized ", "approved ", "selected ", or similar words include the meaning of the phrase "by the Engineer" after these words unless otherwise stated. Use of these words does not extend the Engineer's responsibility for construction supervision or responsibilities beyond those defined in the General Conditions. D. "At no additional cost to Owner ", "With no extra compensation to Contractor", "At Contractor's own expense", or similar words mean that the Contractor will perform or provide specified operation of work without any increase in the Contract Amount. It is understood that the cost for performing all work is included in the amount bid and will be performed at no additional cost to the Owner unless specifically stated otherwise. 1.03 DOCUMENT ORGANIZATION A. The contract requirements described in the General Conditions, Supplemental Conditions and Division 1 apply to each and all specification sections unless specifically noted otherwise. B. Organization of Contract Documents is not intended to control or to lessen the responsibility of the Contractor when dividing work among subcontractors, or to establish the extent of work to be performed by any trade, subcontractor or vendor. Specification or details do not need to be indicated or specified in each specification or drawing. Items shown in the contract documents are applicable regardless of location in the Contract Documents. Definitions and Terminology 01005 -2 C. Standard paragraph titles and other identifications of subject matter in the specifications are intended to aid in locating and recognizing various requirements of the specifications. Titles do not define, limit, or otherwise restrict specification text. D. Capitalizing words in the text does not mean that these words convey special or unique meanings or have precedence over other parts of the Contract Documents. Specification text governs over titling and it is understood that the specification is to be interpreted as a whole. E. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. Provide any work, materials or equipment required for a complete and functional system even if they are not detailed or specified. 1.04 INTERPRETATIONS OF DOCUMENTS A. Comply with the most stringent requirements where compliance with two (2) or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, unless Contract Documents indicate otherwise. 1. Quantity or quality level shown or indicated shall be minimum to be provided or performed in every instance. 2. Actual installation may comply exactly with minimum quality indicated, or it may exceed that minimum within reasonable limits. 3. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for context of requirements. 4. Refer instances of uncertainty to the [Engineer II Architect] for a decision before proceeding. B. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the drawings but are not included in the specifications. 1.05 REFERENCE STANDARDS A. Comply with applicable construction industry standards as if bound or copied directly into the Contract Documents regardless of lack of reference in the Contract Documents. Apply provisions of the Contract Documents where Contract Documents include more stringent requirements than the referenced standards. 1. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced but recognized in the construction industry as applicable. 2. Comply with standards not referenced but recognized in the construction industry as applicable for performance of the work except as otherwise limited by the Contract Documents. The Engineer determines whether code or standard is applicable, or which of several are applicable. B. Consider a referenced standard to be the latest edition with supplements or amendments when a standard is referred to in an individual specification section but is not listed by title and date. C. Trade association names and title of general standards are frequently abbreviated. Acronyms or abbreviations used in the Contract Documents mean the recognized name of trade association, standards generating organization, authority having jurisdiction, or other Definitions and Terminology 01005 -3 entity applicable in the context of the Contract Documents. Refer to "Encyclopedia of Associations," published by Gale Research Company. D. Make copies of reference standards available as requested by Engineer or Owner. 1.06 SUBSTITUTIONS AND EQUAL PRODUCTS Provide materials and equipment manufactured by the entities specifically listed in each technical specification section. Submit a Contractor's Modification Request per Section 01300 SUBMITTALS for substitution of materials and equipment of manufacturers not specifically listed or for materials and equipment that does not strictly comply with the Contract Documents. 1.06 SUBSTITUTIONS AND EQUAL PRODUCTS Contractor may provide "equal" products manufactured by manufacturers other than those specifically listed in the technical specification section unless it is specifically stated that only the materials and equipment of the specified manufacturers shall be provided. Provide a request for approval of proposed equals per Section 01300 SUBMITTALS for any materials or equipment not specifically listed. Submit a Contractor's Modification Request for substitution of materials and equipment of other manufacturers or for materials and equipment that does not strictly comply with the Contract Documents. END OF SECTION Definitions and Terminology 010054 01010 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the project completely operable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete project. 3. Provide the civil, architectural, structural, mechanical, electrical, instrumentation and all other work required for a complete and operable project. 4. Test and place the completed project in operation. 5. Provide the special tools, spare parts, lubricants, supplies, or other materials required for the operation and maintenance of the Project. 6. Install Owner provided products and place in operation. 7. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. 1.02 DESCRIPTION OF WORK A. Work included in the project is described in general, non - inclusive terms as: 1. Grouting voids beneath concrete caps at Flat Rock Dam 2. Grouting voids beneath concrete caps at Ingram Dam B. The following items of work are included in contracts for work to be performed by others and may impact construction scheduling, testing, and start up: 1. None C. The Owner plans to perform the following items of work which are not included in this contract, but may impact construction scheduling, testing, and start up: 1. None D. Owner will perform work as required for the operation and maintenance of the existing facilities during construction, unless otherwise stated. E. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his bid on the most expensive listing. F. Completion of the work described in this contract may impact the construction and testing of the items listed above. Coordinate construction activities through the Owner [Engineer]. Pay claims for damages which result from the late completion of the project or any specified milestones. 1.03 CONSTRUCTION OF UTILITIES [NOT USED] 1.04 CODES AND REGULATIONS Comply with all applicable state and local codes and regulations pertaining to the nature and character of the work being performed. Summary of Work 01010 -1 2.00 PRODUCTS 2.01 MATERIALS Provide materials and products per the individual sections of the specifications. END OF SECTION Summary of Work 01010 -2 01021 MOBILIZATION AND DEMOBILIZATION 1.00 GENERAL 1.01 DESCRIPTION This item shall consist of the mobilization and demobilization of equipment and supplies at the project site in preparation for beginning work on other contract items. Mobilization shall include, but is not limited to, the movement of equipment, material, supplies, etc. to the project site and the establishment of office and other facilities necessary prior to beginning the work. Demobilization shall include, but is not limited to, the removal of equipment, material, supplies, offices and other facilities from the project site. 2.00 MEASUREMENT AND PAYMENT 2.01 MEASUREMENT No measurements are required. 2.02 PAYMENT Payment for work covered under this section of the specifications will be made at the lump sum price bid for "Mobilization and Demobilization" which payment shall constitute full compensation for labor, equipment, tools, and incidentals necessary to complete the work specified herein. Partial payments for the lump sum bid for "Mobilization and Demobilization" will be as follows. The adjusted contract amount for construction items as used below is defined as the total contract amount less the lump sum bid for Mobilization. A. When 1% of the adjusted contract amount for construction is earned, 50% of the mobilization lump sum bid will be paid. B. When 5% of the adjusted contract amount for construction is earned, 75% of the mobilization lump sum bid will be paid. Previous payment under this item will be deducted from the above amount. C. When 10% of the adjusted contract amount for construction is earned, 90% of the mobilization lump sum bid will be paid. Previous payments under this item will be deducted from the above amount, D. Upon completion of all work under this contract, payment for the remainder of the lump sum bid for "Mobilization" will be made. The amount bid for "Mobilization and Demobilization" shall not exceed ten percent (10 %) of the total amount bid exclusive of this item. END OF SECTION MOBILIZATION AND DEMOBILIZATION 01021-1 01040 PROJECT ADMINISTRATION 1.00 GENERAL 1.01 WORK INCLUDED Administer contract requirements to construct the project. Provide documentation per the requirements of this Section. Provide information requested by the Engineer or Owner concerning this project. 1.02 SUBMITTALS Submit documentation as required by this section or other specification sections. 1.03 COMMUNICATION DURING THE PROJECT A. The Owner's Representative is the first point of contact for all parties on matters concerning this project and coordinates all correspondence. B. The Engineer normally communicates only with the Contractor. Communication with suppliers or subcontractors will only be with the direct involvement of the Contractor. C. Submit communications on the forms referenced in this or other specification sections. 1.04 PROJECT MEETINGS A. Attend a pre- construction conference and monthly project coordination meetings to discuss: 1. Status of overall project schedule. 2. Contractor's detailed schedule for the next month. 3. Anticipated delivery dates for equipment. 4. Coordination with the Owner. 5. Status of submittals. 6. Information or clarification of the Contract Documents. 7. Claims and proposed modifications to the contract. 8. Field observations, problems, or conflicts. 9. Maintenance of quality standards. 1.05 SUBMITTALS A. Submit documentation as required by the Contract Documents and as reasonably requested by the Owner and Engineer to: 1. Record the products incorporated into the Project for the Owner. 2. Provide information for the administration of the Contract. 3. Allow the Engineer to advise the Owner if products proposed for the project by the Contractor, conform, in general, with the design concepts of the Contract Documents. B. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the Engineer's review of submittals. Contract modifications may only be approved by Change Order or Field Order. C. Determine and verify: 1. Field measurements 2. Field construction requirements 3. Location of all existing structures, utilities and equipment related to the submittals. 4. Submittals are adequately complete for their intended purpose. Project Administration 01040 -1 5. Conflicts between the submittals related to the various subcontractors and suppliers have been resolved. 6. Quantities and dimensions shown on the submittals. D. Furnish the following submittals: 1. Schedules, data and other documentation as described in detail in this section or referenced in the General Conditions. 2. Documentation required for the administration of the Contract. 3. Shop drawings required for consideration of a contract modification per Paragraph 1.09. 4. Submittals as required in the detailed specifications. 5. Record Data is required for the following items: Section Description 03350 Grout Mix Designs 03350 Grout Strength Tests 03350 Cement Certifications 6. Shop Drawings are required for the following items: Section Description 03350 Grouting Plan 7. Test reports required by Section 03350 PRESSURE GROUTING VOIDS BENEATH DAM CONCRETE CAP. 8. Submittals not required will be returned without benefit of Engineer's review. E. Fabrication or installation of any products prior to the approval of shop drawings is done at the Contractor's risk. Products not meeting the requirements of Contract Documents are defective and may be rejected at the Owner's option. F. Payment will not be made for products for which submittals are required until the submittals have been received. Payment will not be made for products for which shop drawings or samples are required until these are approved by the Engineer. G. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Submittals not meeting this criteria will be returned without review. H. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents including drawings and specifications as modified by Addenda, Field Orders, and Change Orders. I. Furnish and install products that fully comply with the information included in the submittal. J. Review and approve submittals prior to submitting them to the Engineer for review. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. K. Deliver submittals to the Engineer at the following address: FREESE AND NICHOLS, INC. 10814 Jollyville Rd., Bldg. 4, Ste. 100 Austin, Texas 78759 Attn: M. Leslie boyd, P.E. Project Administration 01040-2 L. Transmit all submittals, with the exception of shop drawings and samples with a properly completed Submittal Transmittal Form as indicated in Section 01800, FORMS. Use a separate form for each submittal. M. Assign a number to the documents consisting of a prefix, a sequence number, and a letter suffix. 1. Use the following prefixes: Prefix Description Originator CMR Contractor's Modification Request Contractor _ CTR Certified Test Report Contractor NB Notification By Contractor Contractor - 17z Payment Request Contractor RD Record Data Contractor RFI Request For Information Contractor SD Shop Drawings Contractor 2. Issue sequence numbers in chronological order for each type of submittal. Issue numbers for resubmittals that have the same number as the original submittal followed by an alphabetical suffix indicating the number of times the same submittal has been sent to the Engineer for processing. For example: RD -025 -A represents a record drawing that is the twenty -fifth submittal of this type and is the second time this submittal has been sent for review. Clearly note the submittal number on each page or sheet of the submittal. N. The number of copies of each submittal to be sent by the Contractor and the number of copies of each submittal to be returned are: No. of No. of Prefix Description Copies Copies Sent Returned CMR Contractor's Modification Request 4 1 CTR Certified Test Report 3 0 NBC Notification By Contractor 3 1 PR Payment Request 5 1 RD Record Data 3 0 RFI Request For Information 3 1 SD Shop Drawings 4 1 O. Submit documents with uniform markings and page sizes. 1. Paper size shall allow for ease of reproduction. a. Submit documents on 8 -1/2" X 11" paper where practical. b. Use 11" X 17" paper for larger drawings and schematics. c. Use full size blueline sheets for fabrications and layout drawings. Reproducible drawings may be submitted in lieu of bluelines. 2. Mark submittals to: a. Indicate Contractor's corrections in green. b. Highlight items pertinent to the products being furnished in yellow and delete items that are not when the Manufacturer's standard drawings or information sheets are provided. c. Cloud items and highlight in yellow where selections by the Engineer or Owner are required. d. Mark dimensions with the prefix FD to indicate field verified dimensions on the drawings. e. Provide a blank space 8" x 3" for Contractor's and Engineer's stamp. 3. Define abbreviations and symbols used in shop drawings. a. Use terms and symbols in shop drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the shop drawings. Project Administration 01040 -3 c. Provide a legend for symbols used on shop drawings. P. Mark submittals to reference the drawing number and/or section of the specifications, detail designation, schedule or location that corresponds with the data submitted. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. Q. Submit color charts and samples for every product requiring color, texture or finish selection. R. Shop drawings are reviewed in the order received. Mark submittals as "Priority" for review ahead of previously submitted documents. S. Requirements for Record Data and Shop Drawings 1. Include a complete description of the material or equipment to be furnished. Information is to include: a. Type, dimensions, size, arrangement, model number, and operational parameters of the components. b. Weights, gauges, materials of construction, external connections, anchors, and supports required. c. All applicable standards such as ASTM or Federal specification numbers. d. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, pattems, and coordination drawings. e. Comments will be made on items called to the attention of the Engineer for review and comment. Any marks made by the Engineer do not constitute a blanket review of the submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. f. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Corrected" and "Revise and Resubmit ". These drawings are to be revised to provide a clean record of the submittal. 2. Submit record data to provide information concerning the general character, style, and manufacturer of equipment to allow the Owner to adequately identify the products incorporated into the project and allow replacement or repair at some future date. Provide record data for all products. Record data provide the same information required for shop drawings. Record data may be reviewed to see that the information provided is adequate for the purpose intended. Inadequate drawings may be returned as unacceptable. Record data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Make all corrections or changes in the submittals required by the Engineer and resubmit until approved. a. Revise initial drawings or data and resubmit as specified for the original submittal. b. Highlight in yellow those revisions which have been made in response to the first review by the Engineer. c. Highlight in blue any new revisions which have been made or additional details of information that has been added since the previous review by the Engineer. 1.06 REQUESTS FOR DEVIATION Submit requests for deviation from the Contract Documents for any product that does not fully comply with the specifications, including substitution requests. Submit a Shop Drawing Deviation Request form along with other product information required for analysis of the request by the Engineer. Identify the deviations and the reason the change is requested. Deviations that result in a reduction in cost shall also include the amount of the reduction to the Owner. A Change Order or Field Order will be issued by the Engineer for deviations approved by the Owner. Deviations from the Contract Documents may only be approved by Change Order or Field Order. 1.07 REQUEST FOR INFORMATION Project Administration 01040 -4 A. Submit Request for Information (RFI) to the Engineer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item. 2. Attach adequate information to permit a written response without further clarification. The Engineer will return requests that do not have adequate information for additional information. A response is made when adequate information is provided. Contractor is responsible for all delays resulting from multiple submittals due to inadequate information. 3. Response is made on the RFI form or in attached information. 1.08 NOTIFICATION BY CONTRACTOR A. Notify the Engineer of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by Engineer or inspection agencies prior to covering work. B. Provide notification in time for Owner and Engineer to respond appropriately to the notification. C. Use "Notification By Contractor" form shown in Section 01800, FORMS. 1.09 REQUESTS FOR MODIFICATIONS A. Submit a request to the Engineer for approval of deviations from the Contract Documents required as a result of field changes or proposed repairs for defective work. Submit request two (2) weeks in advance of performing the work affected. Use the "Contractor's Modification Request" (CMR) form shown in Section 01800, FORMS. B. Assign a number to the CMR when issued. Include with the CMR: 1. A complete description of the proposed modification. 2. The reason the modification is requested. 3. A detailed breakdown of the cost of the change. The itemized breakdown is to include: a. list of materials and equipment to be installed, b. manhours for labor by classification, c. equipment used in construction, d. consumable supplies, fuels, and materials e. royalties and patent fees, f. bonds and insurance, g. overhead and profit, h. field office costs, i. home office cost, j. and other items of cost. 4. A revised schedule indicating the effect on the critical path for the project and a statement of the number of days the project may be delayed by the modification. C. Owner initiates changes through the Engineer. Engineer prepares a description of the proposed modifications to the Contract Documents. Return the PCM with a proposal to incorporate the requested change. Include a detailed breakdown of costs of the change and revised schedule as required for a Contractor's Modification Request. D. Engineer evaluates the request for a contract modification and issues appropriate documentation if a contract modification is required. Project Administration 01040 -5 1.10 RECORD DRAWINGS A. Maintain at the site one (1) complete record copy of: 1. Drawings 2. Specifications 3. Addenda 4. Contract modifications and clarifications. 5. Approved shop drawings and record data 6. One (1) set of construction photographs 7. Test records B. Marking Drawings 1. Record information as construction is performed. Do not conceal work until the required information is recorded. Mark drawings to record actual construction including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. c. Location of internal utilities and appurtenances concealed in the construction. Make reference to permanent structure on the surface. Include the following equipment: 1) Piping 2) Ductwork 3) Equipment and control devices requiring periodic maintenance or repair 4) Valves, unions, traps, and tanks 5) Services entrance 6) Feeders 7) Outlets d. Changes of dimension and detail. e. Changes made by Field Order and Change Order. f. Details not on the original Contract Drawings. 2. Mark information in erasable pencil using the following colors: a. Red for new or revised indication. b. Purple for work deleted or not installed (lines to be removed). c. Highlight in yellow the items constructed per the plans. 3. Submit record documents to Engineer for review thirty (30) days prior to final completion of the project. 4. Payment Requests will not be processed for payment if record documents are found to be incomplete or not in order. Final payment will not be recommended until record documents have been submitted to the Engineer. END OF SECTION Project Administration 01040 -6 01041 JOB MANAGEMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish equipment, manpower, products, and other items necessary to complete the project with an acceptable standard of quality and within the contract time. Construct the project in accordance with current safety practices. B. Manage project site to allow access to site and control construction operations. C. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities required to provide and maintain control over environmental conditions at the job site, including the removal of temporary facilities when no longer needed. 1.02 QUALITY ASSURANCE A. Notify the Engineer as required by the provisions of 01040, PROJECT ADMINISTRATION. B. Employ competent workmen, skilled in the occupation for which they are employed. Provide only first quality workmanship. The Engineer determines if the quality of work is acceptable. C. Remove defective products from the project site immediately unless arrangements have been made to allow repair of the product at the site. A defective product is any product that has been found not to be in compliance with the Contract Documents or is damaged prior to final completion. Mark the product as "defective" until removed or allowable repairs have been completed. Marking must be readily apparent and visible from a distance. 1.03 SUBMITTALS A. Submit copies of Manufacturer's printed instructions to all parties involved in the installation of the product prior to beginning the work. Maintain one copy at the job site until completion of the project. B. Submit two copies of reports prepared concerning accidents, injury, or death on the Project site to the Engineer as Record Data. C. Submit field notes, sketches, recordings, and computations made by the Contractor as Record Data. 1.04 STANDARDS Perform work to comply with local, State and Federal ordinances and regulations. 1.05 DUST CONTROL Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air -borne dust from disappearing into the atmosphere. 1.06 PERMITS Obtain permits and pay fees required to conduct the work. Arrange for inspections and certification by agencies having jurisdiction over the work. Make arrangements with private utility companies. Pay inspection fees and other fees associated with obtaining services. Job Management 01041 -1 1.07 POLLUTION CONTROL A. Prevent the contamination of soil, water or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air -borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, or allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off -site locations in acceptable manner. 2. Excavate contaminated soil and dispose at an off -site location if contamination of the soil does occur, . 3. Provide documentation stating the nature and strength of the contaminant, method of disposal, and the location of the disposal site to the Owner. 4. Comply with local, State and Federal regulations regarding the disposal of pollutants. 5. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. C. Prevent contaminated water from entering streams or water courses, leaving the site in a non - contained form or entering non - contaminated areas of the site. Groundwater or run -off water which has come into contact with noxious chemicals, sludge, or sludge- contaminated soil is considered contaminated. 1.08 EARTH CONTROL [NOT USED] 1.09 EROSION AND SEDIMENT CONTROL DURING CONSTRUCTION A. Furnish labor, materials, equipment and incidentals to control erosion and sediment for the duration of the project. Construct erosion and sediment control structures and remove when no longer required. B. Adhere to all State, Federal, and Local environmental regulations. Prevent sediment from entering any storm water system, including open channels. C. Plan and conduct all land- disturbing activities to minimize the size of the area to be exposed at any one time, to minimize the time of exposure. Plan and conduct land- disturbing activities to minimize off-site sedimentation damage. D. Control surface water runoff originating upgrade of exposed area to reduce erosion and sediment loss during the period of exposure. E. Install measures to control both the velocity and rate of release to minimize accelerated erosion and increased sedimentation of the stream when the increase in the peak rates and velocity of storm water runoff resulting from a land- disturbing activity is sufficient to cause accelerated erosion of the receiving ditch or stream. F. Assume responsibility for periodically cleaning out and disposing of all sediment once the storage capacity of the drainage feature or structure receiving the sediment is reduced by one -half. The Contractor shall also be responsible for cleaning out and disposing of all sediment at the time of completion of the Work. G. Submit Stormwater Prevention Plan as Record Data as requested by the Owner. Job Management 01041 -2 1.10 SAFETY REQUIREMENTS A. Assume sole responsible for safety at the project site. Protect the safety and welfare of workmen on the project, the Owner and the general public around the construction site. Provide and maintain barricades, guard rails, covered walkways, and other protective devices to warn and protect from hazards at the construction site. B. Comply with OSHA safety regulations for trenches, excavations and entry into confined spaces. 1.11 CONTRACTOR'S USE OF PROJECT SITE A. Limit the use of site for work and storage to those areas approved by the Owner. Coordinate the use of the premises with the Owner's Representative. B. Any damage to existing facilities, including contamination, caused by the Contractor's personnel, visitors, materials, or equipment, shall be repaired or corrected at the Contractor's expense. C. No alcoholic beverages or illegal substances shall be permitted on the site at any time, nor will persons under the influence of same be permitted to remain on the premises. Persons on site under the influence of alcoholic beverages or illegal substances will be permanently removed from the site in addition to possible criminal and civil penalties. D. Park equipment and employees' vehicles in designated areas only. E. Obtain and pay for the use of any additional storage or work areas needed for construction. Enter privately -owned land outside of the Owner's property, rights -of -way, or easements only with written permission of the Owner. Provide documentation of the agreement as Record Data. F. The use of loud radios, obnoxious vulgar or abusive language, or sexual harassment in any form will not be tolerated and will be cause for immediate removal of the offender from the premises permanently, in addition to possible criminal or civil penalties. G. Workers' attire shall be professional and commensurate to the trade. Sleeveless shirts, shorts, exceedingly torn, ripped or soiled clothing shall not be permitted. H. Firearms are not permitted on the site under any conditions, including persons with concealed handgun permits. 1.12 ACCESS TO THE SITE A. Maintain access to the facilities at all times. Roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances shall not be obstructed. Provide safe temporary walks or other structures to allow access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, and scaffolding, including protective devices, in place until inspection has been completed. Construct access as required for inspections. C. Provide security at the construction site as necessary to protect against vandalism and loss by theft. Job Management 01041 -3 1.13 NORMAL PROJECT WORKING HOURS A. Normal project working hours for this project are Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. Work shall not be permitted on Saturdays, Sundays or any of the following holidays: New Year, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, unless written permission is requested by the Contractor and approved by the Engineer at least 72 hours prior to the work taking place. The Owner will require that a representative of the Owner be present or available for work which occurs outside of the normal project working hours. The Contractor shall compensate the Owner for salary costs incurred by the Owner as a result of the Contractor choosing to work outside the normal project working hours. 1.14 DELIVERY AND STORAGE A. Deliver products to the site to allow construction to progress without delays. B. Store products at location to allow Owner access for maintenance and operations. C. Obtain and pay for the use of any additional storage for work areas needed for construction. D. Provide adequate storage for products and protect the products until installed. 1. Provide substantial platforms, blocking, or skids to support fabricated products above ground. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. 7. Store light weight products to prevent wind damage. E. Replace any stored item damaged by inadequate protection or environmental controls at contractor's expense. Payment may be withheld for any products not properly stored. 1.15 CARE OF WATER Manage water resulting from rains, ground water or leakage from structure and pipelines at the site. Provide and maintain pumps as necessary to remove excess water. Direct water away from the site to prevent damage to surrounding property. 1.16 PROTECTION OF EXISTING STRUCTURES AND UTILITIES Examine the project site and review the available information concerning the site. Protect structures not to be replaced or relocated from damage during construction. Structure or utilities damaged during or as a result of construction shall be restored to a condition matching or better than that which existed before the start of construction. Include cost of restoration or replacement in the price proposal (bid). 1.17 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Construct temporary detours, including by -pass roads around construction to maintain the flow of traffic at all times. Do not close public roads overnight. B. Maintain sufficiently clear width of the road for the free flow of traffic. C. Assume responsibility for any damage resulting from construction along roads or drives. Job Management 01041 -4 1.18 CLEANING DURING CONSTRUCTION A. Clean the project as work progresses and dispose of waste materials, keeping the site free from accumulations of waste or rubbish. Provide containers on site for waste collection. Remove waste materials, rubbish and debris from the site and legally dispose of these at public or private dumping areas. Do not allow waste materials or debris to blow off of the site. B. Comply with codes, ordinances, regulations, and anti - pollution laws. Do not burn or bury waste materials. Do not dispose of volatile or hazardous waste materials in storm or sanitary sewers. 1.19 TEMPORARY SANITARY FACILITIES Provide sanitary facilities at the job site from the commencement of the project to its conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. 1.20 TEMPORARY WATER The Contractor is responsible for providing and paying for water to the site for construction. 1.21 PROJECT SIGNS [NOT REQUIRED] 1.22 PRODUCTS A. Provide products for this project that comply with the requirements of this section. Specific requirements of the detailed equipment specification govern in the case of a conflict with the requirements of this Section. B. Design members to withstand all loads imposed by installation, erection, and operation of the product without deformation, failure, or adversely affecting the operational requirements of the product. Size and strength of materials for structural members are specified as minimums only. Assume responsibility for the design of the products to include structural stability and operational capability. C. Provide coordination of the entire project, including verification that structures, piping, and equipment components to be furnished and installed by the Contractor or by others for this project are compatible. D. Protective coatings and paints applied to equipment shall be fully compatible with the final coatings to be field applied in accordance with Section 09905, PROTECTIVE COATINGS. E. Drawings and specifications are prepared for the specified products. Make modifications to incorporate the products into the project at no cost to the Owner. F. Design, fabricate, assemble, deliver and install according to normally accepted engineering and shop practices, except where a higher standard of quality is required by the Contract Documents. 1. Manufacture like parts of duplicate units to standard sizes and gages. Like parts are to be interchangeable. 2. Two (2) or more items of the same kind are to be identical and made by the same manufacturer. 3. Provide products suitable for the intended service. 4. Adhere to the equipment capacities, sizes, and dimensions indicated by the Contract Documents. 5. Do not use products for any purpose other than that for which it is designed. Job Management 01041 -5 6. Provide new products unless previously used products are specifically allowed in the Contract Documents. 7. Do not provide equipment that has been in service at any time prior to delivery, except as required by tests. 8. Provide materials suitable for service conditions. 9. Provide structural members s designed for shock or vibratory loads. 10. Provide steel at least 1/4 inches thick, unless otherwise indicated, for all metals which will be submerged, all or in part, during normal operation of the equipment shall be at least 1/4" thick. All edges are to be chamfered to preclude any sharp exposed edges. G. ANCHOR BOLTS 1. Provide suitable anchor bolts for each product. 2. Provide anchor bolts, with templates or setting drawings, sufficiently early to permit setting the anchor bolts when the structural concrete is placed. 3. Provide two (2) nuts for each bolt. 4. Provide anchor bolts for products mounted on baseplates that are long enough to permit 1 -1/2" of grout beneath the baseplate and to provide adequate anchorage into structural concrete. 5. Provide stainless steel anchor bolts, nuts, and washers. H. INSULATION OF PIPING Insulate all piping on or related to equipment as required to prevent freezing under any condition. END OF SECTION Job Management 01041 -6 01130 MEASUREMENT AND PAYMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Conform with the provisions of the General Conditions, the Supplementary Conditions, the Proposal, the Agreement, and this Section regarding payment. B. Submit payment requests at the prices indicated in the Proposal. 1. Prices for each bid item in the proposal are to include but not be limited to cost for: a. Mobilization, demobilization, cleanup, bonds, and insurance. b. Professional services including but not limited to engineering and legal fees. c. The products to be permanently incorporated into the project. d. The products consumed during the construction of the project. e. The labor and supervision to complete the project. f. The equipment, including tools, machinery, and appliances required to complete the project. g. The field and home office administration and overhead costs related directly or indirectly to the project. 2. Work not specifically set forth as an individual payment item in the bid price are subsidiary to the work and are to be provided as part of the contract. Include the cost for these items in the bid prices for items included in the bid proposal. 3. Payment is based on the actual quantity of work completed per Contract Documents and measured per this Section. 4. Payment may be made for Materials -on -Hand. a. Materials must be properly stored on site per Section 01041, JOB MANAGEMENT. b. Payment may be made for the invoice amount less the specified retainage. c. Invoices must be provided at the time they are included on the Materials -on -Hand tabulation. d. Payment for Materials -on -Hand is provided for the convenience of the Contractor and does not constitute acceptance of the product. 5. The work covered by Progress Payments becomes the property of the Owner at the time of payment. C. Submit application for payment per the provisions of this Section. 1.02 SCHEDULE OF VALUES AND PAYMENTS A. Submit a detailed schedule of values for the work to be performed on the project within 10 days prior to submitting the first request for payment. B. Use line items in the proposal as line items in the schedule. Provide adequate detail to allow easy determination of the percentage of work completed for each item. 1. Divide lump sum line items in the Proposal into component parts. 2. Items, with the exception of equipment packages, are not to exceed $50,000.00. 3. Separate product costs and installation costs. a. Product costs include cost for product, delivery and unloading costs, royalties and patent fees, taxes, and other cost paid directly to the supplier or vendor. b. Installation costs include cost for the supervision, labor and equipment for field fabrication, erection, installation, start-up, initial operation and Contractor's overhead and profit. 4. Divide lump sum items into an estimated number of units. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for all of the lump sum line item. c. Include a directly proportional amount of Contractor's overhead and profit for each line item. Measurement and Payment 01130 -1 d. Divide principal subcontract amounts into an adequate number of line items to allow determination of the percentage of work completed for each item. These line items may be used to establish the value of work to be added or deleted from the project. e. Costs for mobilization shall be listed as a separate line item and shall be actual cost for: 1) Bonds and insurance 2) Transportation and setup for equipment 3) Transportation and /or erection of all field offices, sheds and storage facilities 4) Salaries for preparation of submittals required before the first payment request 5) Salaries for field personnel assigned to the project related to the mobilization of the project 6) Mobilization may not exceed 5 percent of the total contract amount 7) Cost for mobilization may be submitted only for work completed f. The sum of all values listed in the schedule must equal the total contract amount. C. Submit a schedule indicating the anticipated schedule of payments to be made by the Owner. 1. Schedule shall indicate: a. The payment estimate number. b. Date the estimate is to be submitted. c. Anticipated amount of the payment request. 2. Update the schedule quarterly or more often if necessary to provide a reasonably accurate indication of the funds that the Owner will need to have available to make payment to the Contractor for the work performed. D. Provide written approval of the Schedule of Values, Payment Request Form, and method of payment by the Surety Company providing performance and maintenance bonds prior to submitting the first Payment Request. Payment will not be made without this approval. 1.03 PAYMENT PROCEDURES A. Incorporate the approved Schedule of Values in the Payment Request form. Submit payment requests per the submittal procedures indicated in Section 01300, SUBMITTALS. B. Submit payment requests on the pre - printed form as shown in Section 01800 FORMS. Computer generated payment requests forms may be used but must have the same format and information indicated in the pre - printed form and be approved by the Engineer. 1. Each request must be sequentially numbered and the payment period indicated. 2. Total amounts for Value of Original Contract Performed, Extra Work on Approved Change Orders, and Materials -on -Hand are to be shown on the Summary Sheet and are to correspond to totals indicated on the attached tabulation for each. 3. The number of pages included in each tabulation is to be noted in the blank space on the Summary Sheet to allow a determination to be made that all sheets have been submitted. 4. Contractor's certification must be executed by the Contractor's agent of authority and notarized for each payment request. 5. The Tabulation of Values for Original Contract Performed [Attachment "Al is to indicate the total contract amount and the work completed to date. 6. The Tabulation of Extra Work on Approved Change Orders [Attachment "B "] is to include only approved Change Order items. 7. The Tabulation of Materials -on -Hand [Attachment "C "] is to list all materials that are presented for payment. Once an item has been entered on the tabulation it is not to be removed. 8. Project Summary Report [Attachment "D "] is to be included with each payment request. Data included in the Project Summary Report are to be taken from the other tabulations. 9. The Schedule of Values and the form for the submission of requests may not be altered without the express written consent of the Engineer once these have been approved by the Engineer. C. Payment will be made on the quantity of Work completed per Contract Documents during the payment period and as measured per this Section. Measurement and Payment 01130 -2 1. Payment amount is the work quantity measured multiplied by the unit prices for that line item in the Proposal. 2. Payment on a unit price basis will not be made for work outside finished dimensions shown in the Contract Documents. 3. Partial payments will be made for lump sum line items in the Proposal. D. Progress payments shall be made as the work progresses on a monthly basis. END OF SECTION Measurement and Payment 01130 -3 01400 QUALITY CONTROL 1.00 GENERAL 1.01 CONTRACTORS RESPONSIBILITIES A. Control the quality of work produced and verify that the work performed meets the standards of quality established in the Contract Documents. 1. Inspect the work performed by the Contractor, subcontractors and suppliers. Correct defective work. 2. Inspect products to be incorporated into the project. Provide only those products that comply with the Contract Documents. 3. Verify conformance of the work and products with the Contract Documents before notifying the Owner of need for testing. 4. Provide consumable construction materials of adequate quality to provide a finished product that complies with the Contract Documents. 5. Provide and pay for the services of an approved professional materials testing laboratory to insure that products proposed for use fully comply with the Contract Documents. 6. Perform tests as indicated in this and other sections of the specifications. Schedule the time and sequence of testing with the Owner and Engineer. Testing is to be observed by the Owner, Engineer, or designated representative. 7. Provide labor, materials, tools, equipment, and related items for testing by the Owner including, but not limited to temporary construction required for testing and operation of new and existing utilities. B. Provide Certified Test Reports on products or constructed works to be incorporated into the project. Reports are to indicate that products or constructed works are in compliance with the Contract Documents. C. Provide and maintain a written Quality Control Program that establishes the methods of assuring compliance with the Contract Documents. D. Designate Quality Control personnel at the start of the project with the authority to monitor the work effectively and to implement and enforce the Quality Control Program. E. Assist the Engineer, Owner, and Owner's testing organization to perform quality assurance activities. 1. Provide access to the work and to the Manufacturer's operations at all times work is in progress. 2. Cooperate fully in the performance of sampling, inspection, and testing. 3. Furnish labor and facilities to: a. Provide access to the work to be tested. b. Obtain and handle samples for testing at the project site or at the source of the product to be tested. c. Facilitate inspections and tests. d. Store and cure test samples. 4. Furnish copies of the tests performed on products. 5. Provide adequate quantities of representative product to be tested to the laboratory at the designated location. 6. Give the Owner adequate notice before proceeding with work that would interfere with testing. 7. Notify the Engineer and the testing laboratory prior to the time that testing is required. Lead time is to be adequate to allow arrangements to be made for testing. 8. Do not proceed with any work until testing services have been performed and results of tests indicate that the work is acceptable. Quality Control 01400 -1 9. Provide complete access to the site and make Contract Documents available. 10. Provide personnel and equipment needed to perform sampling or to assist in making the field tests. 11. Testing performed by the Owner will be paid for by the Owner. F. Provide a recognized testing laboratory capable of performing a full range of testing procedures complying with the standards or testing procedures specified. Obtain Owners's approval for the testing laboratory before testing is performed. G. Provide personnel certified to perform the test required. H. Should requirements of this Section of the specification conflict with the requirements of the detailed specifications, the technical specifications shall govern. 1.02 QUALITY ASSURANCE ACTIVITIES BY THE OWNER A. Quality assurance activities of the Owner and Engineer through their own forces or through contracts with materials testing laboratories are for the purpose of monitoring the results of the Contractor's work to see that it is in compliance with the requirements of the Contract Documents. B. Quality assurance activities of the Owner and Engineer in no way relieves the Contractor of the obligation to perform work and furnish products and constructed work conforming to the Contract Documents. C. Failure on the part of the Owner or Engineer to perform or test products or constructed works in no way relieves the Contractor of the obligation to perform work and furnish materials conforming to the Contract Documents. 1.03 SUBMITTALS Submit test reports per Paragraph 1.07, TEST REPORTS of this specification. 1.04 STANDARDS A. Provide a testing laboratory that complies with the ACIL (American Council of Independent Laboratories) "Recommended Requirements for Independent Laboratory Qualifications ". B. Perform testing per recognized test procedures as listed in the various sections of the specifications, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1.05 DELIVERY AND STORAGE Handle and protect test specimens of products and construction materials at the construction site in accordance with recognized test procedures. 1.06 VERIFICATION TESTING A. Provide verification testing when tests performed by the Owner indicate that materials or the results of construction activities are not in conformance with Contract Documents. B. Verification testing is to be provided at the Contractor's expense to verify products or constructed works are in compliance after corrections have been made. Quality Control 01400 -2 C. Tests must comply with recognized methods or with methods recommended by the Owner's testing laboratory and approved by the Engineer. 1.07 TEST REPORTS A. Test reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following: a. Name of the Owner, project title and number, equipment installer and general contractor. b. Name of the laboratory, address, and telephone number. c. Name and signature of the laboratory personnel performing the test. d. Description of the product being sampled or tested. e. Date and time of sampling, inspection, and testing. f. Date the report was issued. g. Description of the test performed. h. Weather conditions and temperature at time of test or sampling. i. Location at the site or structure where the test was taken. j. Standard or test procedure used in making the test. k. A description of the results of the test. I. Statement of compliance or non - compliance with the Contract Documents. m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor or his suppliers or vendors on the forms provided in Section 01800, FORMS. B. Distribute copies of the test reports to: Number of Copies Owner 2 Resident Project Representative 1 Engineer 1 Contractor 1 1.08 NON - CONFORMING WORK A. Immediately correct any work that is not in compliance with the Contract Documents or submit a written explanation of why the work is not to be corrected immediately and when the corrective work will be performed. B. Payment for non - conforming work shall be withheld until work is brought into compliance with the Contract Documents. 1.09 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing consultation on the test performed and in an advisory capacity. B. The testing laboratory is not authorized to: 1. Alter the requirements of the contract documents. 2. Accept or reject any portion of the work. 3. Perform any of the duties of the Contractor. 4. Stop the work. Quality Control 01400 -3 2.00 PRODUCTS 2.01 TESTING APPARATUS Furnish testing apparatus and related accessories necessary to perform the tests. 3.00 EXECUTION [NOT USED] END OF SECTION Quality Control 01400 -4 01800 FORMS 1.00 GENERAL 1.01 WORK INCLUDED Use the forms following this section for contract administration, making submittals and documentation of test results. A single copy of these forms with project information inserted will be provided to the Contractor at the pre- construction conference. Make additional copies of the forms as required. Contractor may substitute computer generated forms with the approval of the Engineer if these forms include the same information, statements and certifications and the same general format as the forms included in this section. Forms included are listed below: A. Submittal Transmittal B. Request for Information C. Notification by Contractor D. Payment Request Forms 1. Attachment "A" - Tabulation of Values for Original Contract Work Performed. 2. Attachment "B" - Tabulation of Values for Approved Change Orders 3. Attachment "C" - Tabulation of Values for Materials on Hand 4. Attachment "D" - Project Summary E. Contractor's Modification Request F. Consent of Surety Company to Payment Procedures G. Consent of Surety Company to Reduction of or Partial Release of Retainage. H. Consent of Surety Company to Final Payment I. Contractor's Affidavit of Payment of Debts and Claims J. Contractor's Affidavit of Release of Liens END OF SECTION Forms 01800 -1 a. Air content, b. Efflux time (fluidity), c. Temperature, d. Compressive strength, e. Bleed. 2. Contractor's production grout sampling and testing shall meet the requirements of ASTM C 109. 3. Production grout sampling and testing shall be performed on a frequency of the following, whichever provides the greater number of samples: a. One (1) sampling per each day's grout placement, b. One (1) sampling per every fifty (50) cubic feet of grout placement, c. One (1) sampling for every disruption in the grouting operations, d. One (1) sampling for every change in grout materials, e. One (1) sampling for every change in grout mixture. 4. Sampling for compressive strength shall be for six (6) molded samples, of which, three (3) molded samples shall be tested for seven -day (7) compressive strength and three (3) molded samples shall be tested for twenty- eight -day (28) compressive strength. F. Testing and calibrating water meters and pressure gauges: 1. Test and calibrate water meters and pressure gauges at the grout plant at least once each week and at any time the equipment does not meet specifications. 2. Immediately replace defective equipment. 3. Suspend grouting operations until equipment is functional. 1.03 SUBMITTALS A. General: Submittals required in this Section shall be submitted to the Owner's Resident Representative for review and acceptance. B. Certification of Grout Contractor — Submit certification, experience record, and staff resumes demonstrating compliance with the qualifications and experience requirements specified in this Section. C. Record Data - Proposed testing agencies. Submit qualifications of proposed testing agencies demonstrating compliance with the requirements specified in this Section. D. Record Data - Information on types, classes, producers' names and supplier names for grout materials E. Record Data - Quality control program of the grout supplier. F. Record Data - Test data for materials certifications. G. Record Data - Grout mixture designs and testing. Provide grout mixture designs, including method and test data to establish grout mixture proportions and characteristics. H. Record Data - Advance notification of forthcoming grout placements. I. Record Data - Pressure Grouting Plan. Detailed plan for pressure grouting shall, at the minimum, include the following information: 1. Proposed equipment for grouting. 2. Description of grout circulating lines and fittings. 3. Description of proposed mixing, pumping, metering, and gauging equipment. Pressure Grouting Voids 03350 -2 4. Pump rating curves for main pump. 5. Instrumentation for monitoring grout flow and discharge pressures. 6. Photographs of the proposed mixing, and pumping equipment. 7. Plan for controlling delivery pressures during grouting operations, including safety devices, emergency shut -off instrumentation and control devices, and lines of personnel communication. 8. Plan for handling waste. 9. Method and equipment for personnel communication. 10. Crew size, duties, and number of work shifts per day proposed. 11. Necessary facilities, such as cat walks, ladders, platforms and /or barges required to enable access and to perform the work and to enable the Owner's Resident Representative to observe the grouting operations and for safe passage to and from the grouting locations. 12. Plan for sealing leaks in the grout delivery system. J. Record Data — Requests for adjustments to grout mixture proportions. K. Record Data - Quality Control Records. Submit documentation of quality control monitoring and testing as specified in this Section, including the following: 1. Data and test documentation on materials and grout mixtures. 2. Grout placement tests and inspection results. 3. Proposed repair methods, materials, and modifications to the work. 4. Description of repair work to bring deficient grout into compliance with the Contract Documents. 5. Field test data to confirm adequacy of modified grout mixture proportions. 6. Bag count for each area pumped with grout. L. Certified Test Reports - Testing Agency Reports. Contractor's testing agencies shall report results of grout mixture, grout placement, and grout material tests and inspections performed during the course of the work to the Owner's Resident Representative. Test reports shall include location in the work where the batch represented by test was placed. Reports of strength tests shall include detailed information of storage and curing of specimens before testing. Final reports shall be submitted to the Owner's Resident Representative with seven (7) days of each test completion. 1.04 STANDARDS The applicable provisions of the following standards shall apply as if written here in their entirety: A. American Society for Testing Materials (ASTM) standards. ASTM C 31 Standard Practice for Making and Curing Concrete Test Specimens in the Field ASTM C 33 Specification for Concrete Aggregates ASTM C 39 Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens ASTM C 40 Test Method for Organic Impurities in Fine Aggregates for Concrete ASTM C 87 Test Method for Effect of Organic Impurities in Fine Aggregate on Strength of Mortar ASTM C 94 Standard Specification for Ready -Mixed Concrete ASTM C 109 Standard Test Method for Compressive Strength of Hydraulic Cement Mortars (Using 2 -in. or 50 -mm Cube Specimens) ASTM C 117 Test Method for Materials Finer than 75 -1.1.M (No. 200) Sieve in Mineral Aggregates by Washing Pressure Grouting Voids 03350 -3 ASTM C 128 Test Method for Specific Gravity and Absorption of Fine Aggregate ASTM C 136 Method for Sieve Analysis of Fine and Coarse Aggregates ASTM C 143 Standard Test Method for Slump of Hydraulic Cement Concrete ASTM C 144 Standard Specification for Aggregate for Masonry Mortar ASTM C 150 -00 Standard Specification for Portland Cement ASTM C 157 Standard Test Method for Length Change of Hardened Hydraulic- Cement Mortar and Concrete ASTM C 172 Standard Practice for Sampling Freshly Mixed Concrete ASTM C 185 Standard Test Method for Air Content of Hydraulic Cement Mortars ASTM C 191 Standard Test Method for Time of Setting of Hydraulic Cement by Vicat Needle ASTM C 192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory ASTM C 230 Standard Specification for Flow Table for Use in Tests of Hydraulic Cement ASTM C 232 Standard Test Methods for Bleeding of Concrete ASTM C 243 Standard Test Method for Bleeding of Cement Pastes and Mortars ASTM C 266 Standard Test Method for Time of Setting of Hydraulic - Cement Paste by Gil!more Needles ASTM C 305 Standard Practice for Mechanical Mixing of Hydraulic Cement Pastes and Mortars of Plastic Consistency ASTM C 404 Standard Specification for Aggregates for Masonry Grout ASTM C 451 Standard Test Method for Early Stiffening of Portland Cement (Paste Method) ASTM C 490 Standard Practice for Use of Apparatus for the Determination of Length Change of Hardened Cement Paste, Mortar, and Cement ASTM C 494 Standard Specification for Chemical Admixtures for Concrete ASTM C 618 Standard Specification for Fly Ash and Raw or Calcined Natural Pozzolan for Use in a Mineral Admixture in Portland Cement Concrete ASTM C 806 Standard Test Method for Restrained Expansion of Expansive Cement Mortar ASTM C 807 Standard Test Method for Time of Setting of Hydraulic Cement Mortar by Modified Vicat Needle ASTM C 845 Standard Specification for Expansive Hydraulic Cement ASTM C 878 -95a Standard Test Method for Restrained Expansion of Shrinkage Compensating Concrete ASTM C 938 Standard Practice for Proportioning Grout Mixtures for Preplaced- Concrete Aggregates ASTM C 939 -97 Standard Test Method for Flow of Grout for Preplaced- Aggregate Concrete (Flow Cone Method) ASTM C 940 Standard Test Methods for Expansion and Bleeding of Freshly Mixed Grouts for Preplaced- Aggregate Concrete in the Laboratory ASTM C 942 Standard Test Method for Compressive Strength of Grouts for Preplaced- Aggregate Concrete in the Laboratory Pressure Grouting Voids 03350 -4 4 r ASTM C 943 Standard Practice for Making Test Cylinders and Prisms for Determining Strength and Density of Preplaced- Aggregate Concrete in the Laboratory ASTM C 1017 Standard Specification for Chemical Admixtures for Use in Producing Flowing Concrete ASTM C 1064 Standard Test Method for Temperature of Freshly Mixed Portland Cement Concrete ASTM C 1107 Standard Specification for Packaged Dry, Hydraulic - Cement Grout (Nonshrink) ASTM C 1240 Standard Specification for Use of Silica Fume for Use as a Mineral Admixture in Hydraulic- Cement Concrete, Mortar, and Grout ANSI C80.3 Electrical Metallic Tubing — Zinc Coated B. Code of Federal Regulations (CFR) 30 CFR Part 23 Mine Safety and Health Administration, Labor: Telephones and Signaling Devices C. American Concrete Institute (ACI) 1.05 DELIVERY AND STORAGE A. Deliver cement in bulk or bags which are plainly marked with the brand and manufacturer's name. Immediately upon receipt, store cement in a dry, weather -tight and properly ventilated structure, which excludes moisture. Storage facilities shall permit easy access for inspection and identification. Cement not stored in accordance with the requirements shall not be used. B. Sufficient cement shall be in storage to complete placement of grout started. In order that cement may not become unduly aged after delivery, maintain records of delivery dates. Use cement which has been stored at the site for sixty (60) days or more before using cement of lesser age. No cement shall be used which is lumped, caked, stored more than ninety (90) days, or whose temperature exceeds 170 degrees F. C. Any concrete admixtures shall be handled, stored, and applied in accordance with the manufacturer's recommendations. D. Store fine aggregates in locations that will shade stockpile from heat absorption and will prevent contamination. 1.06 QUALIFICATIONS A. All pressure grouting operations shall be performed under the direct supervision of an experienced Grouting Specialist. The Grouting Specialist shall have a minimum of five (5) years experience in responsible charge of pressure grouting with cement mixes and for repair of existing concrete structures on at least three (3) projects. No work related to pressure grouting shall proceed without the Contractor's Grouting Specialist onsite to observe tests and inspect the work. B. All personnel involved in the pressure grouting work shall be qualified and experienced on similar projects. 1.07 JOB CONDITIONS A. The void areas beneath the concrete caps are shown on the plans for illustration purposes only. The exact locations shall be field determined by the contractor by sounding techniques. Pressure Grouting Voids 03350 -5 B. Contractor shall delineate the perimeter of all voids and mark same with spray paint or marking media. Contractor shall then layout all injection holes as specified on the drawings. 2.00 PRODUCTS 2.01 CEMENT A. Cement shall conform to ASTM C 150, Type I /11, Low Alkali. B. Cement used in the work shall correspond to that on which selection of grout mixture proportions are based. C. Shrinkage compensating cements shall comply with ASTM C 845, Type K, and shall be compatible with the proposed admixtures. 2.02 WATER A. Mixing water for grout shall meet the requirements of ASTM C 94. B. Water used in mixing grout shall be clean and free from injurious amounts of oils, acids, alkalis, salts, organic materials, or other substances deleterious to grout. Potable water suitable for drinking or for ordinary household use shall be accepted for use without testing. C. Non - potable water shall not be used in grout unless the following conditions are satisfied: 1. Water from shallow, muddy, or marshy sources shall not be used. 2. Selection of grout mixture proportions shall be based on mixes using water from the same source. 3. Mortar test cubes made with non - potable mixing water shall have seven -day (7) and twenty- eight -day (28) compressive strengths equal to at least ninety -five (95 %) percent of strengths of similar specimens made with potable water. Strength test comparison shall be made on mortars, identical except for the mixing water, prepared and tested in accordance with ASTM C 109. 2.03 AGGREGATES When required or permitted, fine aggregates shall conform to ASTM C 404, Size No. 2, with one hundred (100 %) percent passing the No. 16 sieve. 2.04 ADMIXTURES When required or permitted, admixtures shall meet the requirements of the following: A. Air - entraining admixtures shall conform to ASTM C 260. B. Water- reducing admixtures, retarding admixtures, accelerating admixtures, water- reducing and retarding admixtures, and water - reducing and accelerating admixtures shall conform to ASTM C 1017. C. Water- reducing admixture shall be a high range water reducing admixture (HRWRA), Type F, conforming to ASTM C 1017. D. Fly ash or other pozzolans used as an admixture shall conform to ASTM C 618. Fly ash, if used, shall either be a constituent of an ASTM C 1157 blended cement or as specified in ASTM C 595 for portland- pozzolan cement. Pressure Grouting Voids 03350 -6 a 4 E. Silica fume used as an admixture shall conform to ASTM C 1240. F. Plasticizer admixture shall conform to ASTM C 494. G. Shrinkage compensating and plasticizing admixture: Intrusion -Aid "LS" or "R ", Manufactured by Specrete -IP Incorporated, 10703 Quebec Avenue, Cleveland, Ohio 44106; Phone: (216)- 721 -2050; Fax (216) - 421 -0032, or approved equal. H. Anti - washout admixture shall be RHEOMAC UW 450, or approved equal. 2.05 CHANGE OF MATERIALS OR MIX PROPORTIONS When brand, type, size, or source of cementitious materials, aggregates, water, or admixtures are proposed to be changed, new field data, or data from new trial mixtures or evidence that indicates that the change will not adversely affect the relevant properties of the grout, shall be submitted to the Owner's Resident Representative for Owner's acceptance for use in the work. 2.06 GROUT MIXTURE A. General 1. Grout shall be a mixture of cementitious material with water, with or without fine aggregates, proportioned to produce a pumpable consistency without segregation of the constituents, capable of maintaining the solids in suspension, capable of being pumped without difficulty, and capable of laterally penetrating and filling the voids. 2. Grout mixture shall contain those pozzolans and admixtures possessing characteristics that will increase flowability of the mixture, improve cement dispersion, neutralize setting - shrinkage, and maintain strength. 3. Proportioning methods for proposed grout mixtures shall comply with: a. General: ACI 211.1, ACI 212.3 b. Water reducing admixture: ACI 212.3, ACI 212.4 c. Set - controlling admixture: ACI 212.3 d. Plasticizer: ACI 212.3 e. Aggregate: ACI 221 f. Shrinkage compensation: ACI 223 g. Hydraulic cement: ACI 225 h. Fly ash: ACI 232.2 i. Silica fume: ACI 234 j. Grout: ACI 301 (Sect. 9.2.2.2), ACI 304 (Sect. 7.3) 4. Mix proportions of proposed admixtures shall comply with the manufacturers' recommendations and with these specifications. B. CEMENTITIOUS CONTENT 1. The cementitious - materials content shall be adequate for grout to satisfy the specified strength and water -to- cementitious- materials ratio, as follows: a. Minimum compressive strength of grout: 2,500 psi at seven (7) days and 3,500 psi at twenty -eight (28) days. b. Water content: The minimum necessary for proper pumping of grout, but with water - to-cementious- materials ratio not to exceed 0.75:1 by volume; to maximize strength and to minimize shrinkage. c. Testing of proposed grout mixtures with high -range water reducing admixture shall comply with ASTM C 494 and shall also comply with ASTM C 1017 if high -slump grout mixture is proposed. d. Testing of compressive strength of proposed grout mixture shall comply with ASTM C 109 and ASTM C 942. Pressure Grouting Voids 03350 -7 C. SLUMP 1. Contractor shall select the appropriate slump to facilitate pumping and placing the grout mixture in accordance with the Pressure Grouting Plan. 2. Contractor shall maintain slump records in accordance with the Quality Control Records. 3. Slump shall be measured at the point of placement rather than at the point of pumping. Proposed grout mixtures shall take into account any slump losses caused by pumping. 4. Testing of proposed grout mixtures with plasticizing admixtures and retarding admixture shall comply with ASTM C 1017. 5. Testing of slump of proposed grout mixtures shall comply with ASTM C 143. D. FINE AGGREGATE 1. Fine aggregates may be used only if allowed by the Owner's Resident Representative and if Contractor can prove that all voids to be grouted exceed one half ('/ ") inch. 2. Testing of proposed fine aggregates for grout mixtures shall comply with ASTM C 33, ASTM C 117, and ASTM C 136. E. AIR CONTENT 1. Intentional air entrainment shall not be used. 2. Testing of air content of proposed grout mixtures shall comply with C 185. F. FLY ASH AND POZZOLAN CONTENT 1. Fly ash and pozzolanic mineral admixtures may be added at a ratio not to exceed 0.30 by weight of cement. 2. Testing of proposed grout mixtures with fly ash and/or pozzolanic mineral admixtures hall comply with ASTM C 311. G. SILICA FUME CONTENT Silica fume admixture may be added at a rate not to exceed ten (10 %) percent of the mass of cementitious material. H. SHRINKAGE OF GROUT 1. Net drying shrinkage of proposed grout mixtures under restrained testing and field conditions shall be zero (0 %) percent, except a residual net increase in volume of up to two percent (2 %) is allowable. 2. Shrinkage compensating cement may be used in such proportions so that the proposed grout mixture will increase in volume after setting and during early age hardening, under restrained conditions, such that the increase in volume will at least be equal to the total shrinkage. 3. Unrestrained expansion of proposed grout mixtures shall not exceed ten (10 %) percent by volume of the grout, when tested in accordance with ASTM C 940. 4. Testing of effects of admixtures upon shrinkage characteristic of proposed grout mixtures shall comply with ASTM C 878. 5. Testing of expansion characteristics of proposed shrinkage- compensating cements shall comply with ASTM C 806. 6. Testing of expansion characteristics of proposed shrinkage- compensating grout mixtures shall comply with ASTM C 806 and ASTM C 878. Pressure Grouting Voids 03350 -8 I. BLEEDING OF GROUT 1. Bleeding shall not exceed the lesser of the two following values: a. 2% by volume of the grout. b. Total measured unrestrained expansion. 2. Testing of bleeding of proposed grout mixtures shall comply with ASTM C 243 and ASTM C 940. J. SET TIME OF GROUT 1. Testing of time of setting of hydraulic cement for proposed grout mixtures shall comply with ASTM C 191. 2. Testing of time of setting of proposed grout mixtures shall comply with ASTM C 807. 3. Testing of early stiffening of proposed grout mixtures hall comply with ASTM C 451. 4. Time of setting retarding admixture may be used. Testing of retarding mixtures proposed for grout mixtures shall comply with ASTM C 494. K. FLUIDITY 1. Testing of fluidity (efflux time) of proposed grout mixtures shall comply with ASTM C 939, for efflux time of thirty -five (35) seconds or less. 2. Testing of fluidity (efflux time) of proposed grout mixtures shall comply with ASTM C 109 for efflux time of greater than thirty -five (35) seconds, using five (5) drops in three (3) seconds. L. TEMPERATURE OF GROUT 1. Grout mixture temperature shall not exceed ninety (90° F) degrees F during mixing or during pumping. 2. Testing of temperature of proposed grout mixtures shall comply with ASTM C 1064. 2.06 GROUTING EQUIPMENT A. General 1. Grouting equipment shall consist of a high -speed mechanical mixer, mixing tub, agitator tub, positive displacement pump, bypass lines, pressure gauges, delivery piping, insertion piping, and vent piping. 2. Grouting equipment shall be capable of mixing, pumping, and delivering grout mixtures that are consistent with the grout mixture requirements of this specification section. 3. Grouting equipment shall be capable of maintaining and adjusting pressures that are adequate for pumping and injection and are not damaging to the concrete structures. B. Mixing and placing equipment: 1. Includes circulating line and fittings. Provide all tees, valves, piping, and other fittings as required for effectively mixing, agitating, and delivering the grout. The manifolds shall be assembled as shown on the drawings. 2. Capable of effectively mixing and stirring the grout and injecting it into the grout holes or grout connections in a continuous, uninterrupted flow at any specified pressure up to a maximum of 50 pounds per square inch. 3. Maintain adequate water supply to the mixer at all times to provide the required pumping rate. 4. The grouting system shall be equipped with a flow meter and pressure gauges to measure the volume and discharge pressure of grout injected into a hole at any time during the grouting process. The supply line flow meter and pressure gauge shall be provided with a continuous real -time digital display and shall include a digital logging data recorder with alarming capabilities to monitor the discharge flow and pressure. The flow Pressure Grouting Voids 03350 -9 measurement shall indicate current rate of flow and total volume placed. The volumetric measurement shall be accurate and readable to within 0.1 cubic foot. C. Grout Mixer: 1. The mixer shall be a high- speed, colloidal -type mixer equipped with a high- speed, diffuser -type centrifugal mixing pump operating at 1,500 to 2,000 rev /min during mixing that delivers 300 gallons per minute at up to 30 pounds per square inch. Mixing time shall be limited to avoid heating the grout. 2. The mixer shall be equipped with an accurate meter, reading cubic feet to tenths of a cubic foot, for controlling the amount of mixing water used in the grout. 3. A holdover mechanical agitator tank, sized at least 3 times larger than the volume of the mixer, shall be provided. The grout pumps shall be connected directly to the holdover mechanical agitator tank. 4. Suitable provisions shall be made for passing the grout through a No. 16 United States Standard screen as it is discharged from the mixer. Arrange screen and return line of circulating grout system to pass grout returns over screen. The screen shall be readily accessible for cleaning and replacement. 5. Pump rating curves and complete mixer details, including photographs of the proposed mixing equipment, shall be submitted as required. D. Grout Pump: 1. Positive displacement helical -screw rotor type pump capable of delivering a minimum of 35 gallons per minute of grout at a pressure of at least 200 pounds per square inch gauge. 2. Pumps with holding hoppers and pumps with open- throat suction housings and suction housing hoppers are not acceptable. 3. A standby grout pump shall be included as a part of the grout plant. 4. Provide equipment capable of continuous and efficient performance during any grouting operation. 5. Arrange grouting equipment to provide a supply line and a return line from the grout pump to the grout hole. 6. Minimum size of the supply lines and manifolds including valves and fittings: 1 -inch inside diameter, but of sufficient diameter to allow grout velocity to range between two (2 fps) and four (4 fps) feet per second. E. Manifold pressure gauges: 1. Pressure gauge shall be manufactured by Marsh Instrument Co., a Unit of General Signal, P. 0. Box 1011, Skokie, IL 60076; or approved equal, and have the following essential characteristics: a. Glycerin - filled, plain case, with pressure indicated in pounds per square inch. b. Minimum dial face size: 2 -1/2 inch diameter. c. Rating: Not to exceed one hundred (100 psi) pounds per square inch pressure rating at which the grout is anticipated to be pumped for the hole being grouted. d. Accuracy: Maximum two (2 %) percent error over full range of gauge. e. Require one (1) gauge at the area being grouted and one (1) gauge for the grout manifold. 2. Standby pressure gauges: Keep on site, at least one (1) standby gauge, with gauge saver, at all times during grouting operations to replace malfunctioning or broken gauges. 3. Gauge savers: a. Equip pressure gauges with approved savers when pumping grout. b. Verify operation of gauges with attached gauge savers at least once per shift, at the start of the shift, to ensure their accuracy. c. Immediately replace defective gauge or gauges having broken glass faces. Pressure Grouting Voids 03350 -10 4. Master gauge: a. Furnish one accurately calibrated, high precision master gauge to periodically check accuracy of all gauges used in the grouting operations. The gauge shall be a six (6 ") -inch diameter or larger, oil- filled, test quality gauge with a minimum accuracy of one (1%) percent error over full range of gauge. b. Provide a test unit to verify the accuracy of the master gauge. Keep test unit on site at all times during grouting operations. F. Ball valves: 1. Cast iron or steel bodied valves with lever handles that clearly show the valve position. 2. Lever handles: Minimum six (6") -inch lever handles permanently fixed to the valves. 3. Valves shall be as manufactured by Crane Ball Valve or approved equal. G. Grout supply pipes: 1. Manufacture grout supply pipes from EMT conduit or approved equal. 2. Locate grout pump not more that 250 feet away from the area being grouted. 3. Keep extra valves, nipples, pipe fittings and sufficient amount of tools onsite at all times during grouting operations. H. Damage to pipes and valves: Any pipes or valves that are damaged due to the contractors operations shall be immediately replaced. 2.07 COMMUNICATION EQUIPMENT A. Furnish page /party communication system to communicate between grout plant and holes being grouted. B. Equipment shall be permissible by Mine Safety and Health Administration, in accordance with 30 CFR Part 23. C. Each page phone of the system shall be a self- contained handset/speaker amplifier station employing a line amplifier, a speaker amplifier, and a solid -state paging relay. D. Station shall be powered by an internal battery. E. Handset shall contain a sealed noise - canceling dynamic microphone or a traditional dynamic microphone either with a dynamic receiver and bar switch. F. Phone shall be capable of calling all other stations over their speakers. G. When the person being paged answers, the system shall revert to a telephone party line allowing interruption for emergency. 3.00 EXECUTION 3.01 PREPARATION OF WORK AREA A. Provide temporary utilities including air, waterlines, lighting, and ventilation. Provide water at one hundred (100 psi) pounds per square inch at the site of grouting operations. B. Keep utilities in place until grouting, repair, and cleanup is completed and accepted by the Owner's Resident Representative. Pressure Grouting Voids 03350 -11 C. All grouting shall be performed in the wet unless otherwise directed by the Engineer. Coordinate grouting operations with varying water levels so that voids can be grouted in any condition from wet to dry. D. Demonstrate testing and calibration procedures for water meters and gauges, and obtain approval from the Owner's Resident Representative prior to commencing grouting operations. E. Coordinate grouting operations with the Owner's Resident Representative. Provide notification of grouting schedule at least seven (7) working days prior to beginning grouting and give forty -eight (48) -hour notice prior to changes of scheduled work plan. 3.02 BATCHING AND MIXING A. Batch admixture separately in liquid form in dispersers capable of measuring at one (1) time the full quantity of admixture required for each batch. B. Measure admixture by weighing or by volumetric- admixture dispensers constructed and located such that the full -batch quantity of admixture can be observed in a visible gauge by the plant operator. C. Discharge admixture separately into mixer as water is discharged into the mixer. D. Thoroughly mix water and cement. Circulate mix through circulating line system for at least five (5) minutes prior to injecting grout. 3.03 HOOKUPS FOR GROUTING A. The manifold shall be placed within six (6') feet of the grout hookup. Provide additional grout and vent conduits and hookups as necessary in order to place grout and to vent bleed water and /or thin grout. B. Grout shall be delivered from the pump to the manifold by a single line. C. Seal injection ports if grouting pressures will cause backflow of grout around injection ports. 3.04 GROUTING A. Water pressure test all grout systems at fifteen (15 psi) pounds per square inch prior to grouting to assure that all systems are open. Water pressure test before beginning pressure grouting operations to identify any leakage. B. Flush voids with clean water until vented flow is clear. C. Grouting pressures shall not heave any existing facilities during the grouting operations. Grout pressures shall not exceed five (5 psi) pounds per square inch above the equivalent hydrostatic pressure on the upstream face of the dams at the same elevation as the injection ports. Observe grouting operations to watch for sign of concrete displacement. D. Begin pumping grout as soon after mixing as possible. Continue pumping as long as the grout mixture retains the required consistency. Continue grout injection until grout of the same consistency as the injected grout flows without the presence of air bubbles from the vent opening. E. Water shall not be added to increase grout flowability that has been decreased by delayed use of the grout. Pressure Grouting Voids 03350 -12 F. In the event of a blockage or an interruption of grouting, remove all grout from the grouted voids by flushing with clean water. G. Grout temperatures shall not be above ninety (90° F) degrees F during mixing and pumping. Temperature of concrete members to be grouted, at the time of grouting, shall be above thirty -five (35° F) degrees F, and shall be maintained above thirty -five (35° F) degrees F until field -cured two (2 ") inch grout cubes reach a minimum compressive strength of eight hundred (800 psi) pounds per square inch. H. Sequence of Grouting Operations. 1. Hook up the first grout valve. 2. Number each grout/vent hole sequentially. 2. Flush the void with clean water. 4. Begin grouting at the first grout hole /valve. 5. Vent all water, thin grout, and grout with air bubbles from within the void. 6. After grout with the proper consistency is observed in an adjacent grout/vent hole, close the valve on the first grout/vent hole. Hook up to the grout/vent hole in which the proper consistency was just observed and resume grouting. 7. Repeat grouting operations until each grout/vent hole has been utilized. 8. After grout with the proper consistency is present in each grout/vent hole, maintain the system at a pressure of five (5 psi) pounds per square inch for two (2) hours. 9. Record grouting sequence, including the following: a. Hole number. b. Beginning and ending times for grouting each hole. c. Leakage from joints and small voids. d. Grout mix used. e. Other relevant conditions and information. J. Once grouting has begun, continue grouting of that void area until grouting of the void is completed. K. Maintain grouting pressures of five (5 psi) pounds per square inch on the void for two (2) hours after grouting of the void is complete. 3.05 SEALING OFF GROUT FLOW A. Monitor leakage of grout through the concrete cap, and around injection /vent ports. B. When grout is found to flow or leak from any area other than through the vent ports, seal flows or leaks in accordance with approved plan. C. There are existing holes in the concrete slopes where either the concrete is damaged or missing and where water is flowing or grout is likely to escape. These existing holes in concrete surfaces may be utilized as injection or bleed holes if contractor so elects, or they may be temporarily plugged to control grout flows. But, all holes identified by Engineer shall be grouted closed with a sanded grout mix during the course of this work. 3.06 GROUT COMMUNICATION BETWEEN VOID AREAS A. Interconnections between adjacent voids are to be anticipated, the potential for interconnections does exist. When grout flows from grout holes or grout connections in adjacent voids in sufficient quantity to interfere with the grouting operation or to cause appreciable loss of grout, temporarily close the ball valve of holes or connections. B. All valves, as necessary, shall be left open to facilitate the escape of air and water as the grout is forced into other holes. Before the grout has set, connect the grout pump to adjacent Pressure Grouting Voids 03350 -13 ungrouted holes and to other holes from which undiluted grout flow was observed, and complete grouting of all at the specified pressures. 3.07 DISPOSING OF WASTE GROUT A. All waste material, grout, and vented water and grout shall be contained, handled, and disposed in accordance with the pressure grouting plan. B. Dispose of grout that is not injected within two (2) hours after mixing. C. No payment will be made for wasted grout due to the Contractor's negligence or equipment breakdown. 3.08 REPAIR A. Cut all protruding grout pipes after completion of grouting in an area. B. Dry-pack hole after removing valves and piping. END OF SECTION Pressure Grouting Voids 03350 -14 Bond No. 5082965 00615 PAYMENT BOND l Contractor as Principal Surety Name: Pro South Construction, Inc. Name: SureTec Insurance Company Mailing Address (Principal Place of Business): Mailing Address (Principal Place of Business): 9901 IH 10 West, Suite 800 952 Echo Lane, Suite 450 an Antonio, TX 78230 Houston, TX 77024 Owner Physical Address(Principal Place of Business): Name: Kerr County Commissioners Court 952 Echo Lane, Suite 450 Mailing Address (Principal Place of Business): Houston, TX 77024 700 Main Street Surety is a corporation organized and existing and @r Kerrville, TX 78028 the laws of the state of: Texas By submitting this bond, Surety affirms their authortty Contract to do business in the State of Texas and theirlicene Project Name and Location: to execute bonds in the State of Texas. Ftat Rock Dam and Ingram Dam Concrete Cap Telephone Number (Main Number): Void Grouting (713) 812 -0800 Telephone Number (For Notice of Claim): Effective Date of Agreement: September 13, 2010 (866) 732 - 0099 Local Agent for Surety Contract Amount: $297,635.00 Name: James K Swindle Address: 2361 Austin Hwv San Antonio, TX 78218 Bond Telephone Number: 210 -930 -5550 Date of Bond September 30, 2010 The address of the surety company to which any (Date of Bond cannot be earlier than Effective Date of notice of claim should be sent may be obtained from Agreement) the Texas Department of Insurance by calling the Bond Amount: $297,635.00 following toll -free telephone number: 1-800-252-3439 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The',Principal and Surety bind themselves, and their heirs, administrators, executors, successors andiassigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a subcontract r in the prosecution of the work required by the Contract then this obligation shall be null and void, otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 of the Texas Government Code as amender# and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it w er copied at length herein. Contractor as Principal ( Surety Pro South Cons ction, SureTec Insurance Comp Signature: Signature: Name and Title: David Sa , resident Name and Title: J. • K $win 1rAttornev -In -Fact Attach Power of At • e i 1 rru as Sri Company Seal Corporate Seal Company Seal Corporate Seal Payment Bond 00615 -1 00610 PERFORMANCE BOND Bond No. 5082965 Contractor as Principal Surety Name: Pro South Construction, Inc. Name: SureTec Insurance Company Mailing Address (Principal Place of Business): Mailing Address (Principal Place of Business): 9901 IH -10 West, Suite 800 952 Echo Lane, Suite 450 San Antonio, TX 78230 Houston, TX 77024 Own @r Physical Address(Principal Place of Business): Naive: Kerr County Commissioners Court 952 Echo Lane, Suite 450 Mailing Address (Principal Place of Business): Houston, TX 77024 7100 Main Street Surety is a corporation organized and existing unde Kerrville, TX 78028 the laws of the state of: Texas By submitting this bond, Surety affirms their authors Contract to do business in the State of Texas and theirlicen Project Name and Location: to execute bonds in the State of Texas. Flat Rock Dam and Ingram Dam Concrete Cap Telephone Number (Main Number): Void Grouting (713) 812 -0800 Telephone Number (For Notice of Claim): Effective Date of Agreement: September 13, 2010 (866) 732 -0099 Local Agent for Surety Contract Amount: $297,635.00 Name: James K Swindle Address: 2361 Austin Hwy San Antonio. TX 78218 Bond Telephone Number: 210 930 - 5550 Date of Bond September 30, 2010 The address of the surety company to which any (Date of Bond cannot be earlier than Effective Date of notice of claim should be sent may be obtained from Agreement) the Texas Department of insurance by calling the Bond Amount: $297,635.00 following toll -free telephone number: 1. 800 - 252 - 3439 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, exedutors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full forice and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Kerr County, Texas for any legal action. Contractor as Principal Surety Pro South Construction, Inc. SureTec Insurance Company 4 Signature: Signature: ^ 1 —/L Name and Title: David Sab, President Name and Title: K Swin -In -Fact (Attach Power of • ey) t 1 z v: " ill Company Seal Corporate Seal Company Seal Corporate Seal Performance Bond 00610 -1 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1- 866 - 732 -0099 !, You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714 -9104 Fax#: 512-475-1771 PREMIUM PR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act "), this disclosure notice is provided for sur ty bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Spe ialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety bus ness is underwritterh by SureTec Insurance Company ( "Issuing Sureties "). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90 %) of any covered losses from terrori t acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the ter s, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorse ents to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached dociument. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond td which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev. 11.11.2003 2 FOA tt: 5082965 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly or anized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint James K. Swindle its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, *knowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Pro -South Construction, Inc. Obligee: Kerr County, TX Amount: $297,635.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may he given full power and authority for and in the name of and of behalf of the Company, to execute, ackrjowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings add any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed ';by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal 'Shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting Berl ons2C' of April, 1999.) , hry''.. In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its Pate tden , ant i to to be hereto affixed this 1st day of April, A.D. 2007. = r \a 177 SURRET C INSU t . C> t?C�Mp it ... c , rt o• cl X/ y . � T By: `a► wi L is ea- lDi B.J. Kt esidert .,•• .`, State of Texas ss: \ `'j'� . j`�( +'���` County of Harris On this 1st day of April, A.D. 2007 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which execut d the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed b order of the Board of Directors of said Company; and that he signed his name thereto by like order. d "..�" .,�• RHONDA MCCARY ;, Notary Public, State of Texas M My Commission Expires SOW September 11, 2010 Rhonda McCary, Notary Publ ° My commission expires September 11, 2010 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 30th day of September 2010 , A.D. /1 i t M. Brent Beaty, Assistant ` • cretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST,