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52-97 RESOLUTION
RESOLUTION NO. 5T97 SOA NN'D A RESOLUTION APPROVING A CONTRACT WITH HARRISON DAVIS CONSTRUCTION CO., IN THE AMOUNT OF $74,400, FOR THE EXTERIOR RENOVATION OF THE FAYETTEVILLE PUBLIC LIBRARY BUILDING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract with Harrison Davis Construction Co., in the amount of $74,400, for the exterior renovation of the Fayetteville Public Library Building. A copy of the contact is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 3rd day of June, 1997. APPROVED: By: 144614w,�' Fred Hanna, Mayor ATTEST: By: An P /' ' ' Traci Paul, City Clerk n m m m v f 1 z m CD W C C D C' Z X v_ C Z CO) n 1 z y CO) I 69 �Lq 69 40 co OD V CO W O CO W � v O 00 O W O O O O O O G O O O O 0 —1 v w �9ao mmco ON n W Q W D-0ro� � � v m� I r r m m X 2 V�/ UP- DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the 3rd Day of JUNE 1997 , by and between Harrison Davis Construction Company. Inc. herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner. WITNESSETH That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: That the Contractor shall furnish all the materials,and perform all the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as fully contained herein and are entitled FAYETTEVILLE LIBRARY EXTERIOR RESTORATION, dated March 1997. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond General Conditions Supplemental Conditions Specifications 2. That the Owner hereby agrees to pay the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specfications or Bid, in lawful money of the United States, the amount of: Seventy Four Thousand Four Hundred and no/l00------------ Dollars ($ 74.400.00 ) The work will be fully completed within 90 days after the date when the Contract Time commences to run as provided in the Notice to Proceed, and ready for final payment in accordance with the General Conditions. City of Fayetteville 00500-1 March 1997 4. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified above, plus any extension thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Fifty Dollars ($50.00) for each day that expires after the time specified in Paragraph 3 for Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified, without any proper extension therof. 5. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS a retainage of 10 percent until the project is 50 percent complete. Thereafter, there will be no additional retainage assessed for the project. This retainage is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, as well as a written consent of Surety, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such Work by the Owner. 7. It is further agreed between between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Owner. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner. City of Fayetteville 00500-2 March 1997 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: Harrison Davis Construction Company CONTRACTOR WITNESSES: By�,/J��f3w Title CITY OF FAYETTEVILLE, ARKANSAS A ST: OWNER By — llallA�1� Mayor Approved as to form: Attorney for Owner City of Fayetteville 00500-3 March 1997 %7G1Y,' STAFF REVIEW 'FORM AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW f For the Fayetteville City Council meeting of FROM: Name Division Department ACTION REQUIRED: ��1 �tYrft 0. C1.4.a►1t�� o.c�.��1 �o �(eE,Zs�xi ..�:(�::� C� �tc:c., It-0 A-tpQ't; wsT TO CITY: S K_ -h . C r_ Cost of this Request WlJA470=SLf CO- 00 Account Number ql oo4 Project Number S ` %iloo Category/Pr sect udget C, % Od DV �'t�aiv� CvcSTla-A-e—'s S 666,E57en Funds Used To Date $ 1. 124 Remaining Balance (Dke Category/Project Name Program Name S&-" T" Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached -Atz, 0�� Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: -1-17-627 ``Date �jl� Date GRANTI GENCY:_ te=al Auditor/ 1A 11 I L.1*1— +( ADA Coordinator f 10 l Q .-L-1 q-7 Purchasing Officer Date STAFF RECOMMENDATION: A IPA-&X-4:R S Division Head Department Director Date Date 7 /7(T7 Administ ative &ices Director Date /7 Mayo Date Cross Reference New Item: Yes NO Date Date Prev Ord/Res # : <- a- - '� / Orig Contract Date: HARRISON DAVIS CONST. CO., INC. 4� Arkansas Licensed General Contractors %4, 1931-A Deane Street Fayetteville, AR 72703 443-0996 FAX: 443-0136 1� TO CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 i [L,[E��[EQ MF VQQ024D'ffUQL DATE 7-14-97 JOe No. HDC 895 ATTENTI N. MAYOR FRED HANNA/MINOR WALLACE RE: FAYETTEVILLE LIBRARY EXTERIOR RESTORATION CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS WE ARE SENDING YOU ff Attached ❑ Under separate cover via FCM the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COVIES DATE NO. DESCRIPTION 4 SETS CHANGE ORDER NO. ONE (1)/APPROVED THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval M) For your use ❑ Approved as noted ❑ Submit copies for distribution KI As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment )7 RETURN ONE FULLY EXECUTED SET TO OUR OFFICE UPON SIGNATURE. ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS PLEASE HAVE THE MAYOR SIGN AND RETURN ONE SET TO OUR OFFICE. THANK YOU COPY TO HDC 895 CONTRACT FILE (S SIGNED: BEN E. SMITH, PROJECT MGR. If enclosures are not as noted, kindly notify us at once. CHANGE OWNER x City of Fayetteville Arkansas ORDER CONTRACTORx CONSTRUCTION MANAGER x -Pam 5 zt�0a PROJECT: Library Exterior Restoration CHANGE ORDER NO: One (name, address) 217 East Dickson DATE: July 14, 1997 Fayetteville, Arkansas 72701 TO CONTRACTOR: Harrison Davis Constructic$tOJECTNO: 9736 (name, address) 1931 - A Deane Street CONTRACTDATE: June 3, 1997 Fayetteville, AR 72701 CONTRACT FOR: General Construction The contract is changed as follows: Repair Southwest Stair as per your quotation of July 11, 1997...................................$850.00 Total this Change Order............................$850.00 Not valid until sianed by the Owner and Contractor. The original Contract Sum was $ 7,1 , 4 00 , n 0 Net Change Orders_previously autthorized, $ -0- Contract Sum 12rior to this Change Order was $ 74,400.00 Contract Sum will be (increased or 4ff&2Ua&Lin the amount on $ 850.00 The new Contract sum including this Change order is $ 75 , 250 - 00 The contract time is (4*W66 unchanged by rI Days The date of substantial completion is therfore q'n t om 'K,= r ? n , o a 7 R OMME�D� Harrison Davis Constr. The City of Fayetteville Construction Manger Contractor Owner The City of Fayetteville 1931 - A Deane Street 113 West Mountain Address Address Datearnr.v mf i 447 Fayetttev' lle, AR 270 ` Favette.Yille. -AR,72 01 By Date 7 / �i - V'% Dat 7 / 8 % 7 JUL-- 1 1- 9 7 F R I 1 0: 1 2 H D C O H S T C10 P . 0 1 Ad& HARRISON DAVIS CONSTRUCTION CO. INC. G %T of 113 y�1a��T��� Sr. r F,r s75 �'is7 %Z 74)/ ArN' 9INa11 G,,�alct , c.4A)7X, oW, ,vi: f%viuf f Luc L/BveY . CX71W4e ?t5r4-ITM j 5u cr� ?e-wol sTev- 4r <&?T-#Pt:-5r s9/Wfy 1'�ikloz; 4x ?Ye- eX/sri�vj Sfeel i f 7 e riir 5 � sotf7 l STdvd ur2 pr- 5K/1-P.,v4 Faso- (A4 KS 6\t,,c4j ~ IF c4svce e&&4 13, STAFF REVIEW FORM AGENDA REQUEST xx CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A FROM: Harold Dahlincrer Building Maintenance Admin Services Name Division Department ACTION REQUIRED: Approval of Change Order 2 - to Harrison Davis Construction Co., Inc. For the Exterior Renovation of the Fayetteville Public Library. Change Order 2 is in the amount of $4,560. COST TO CITY: 84,560 Cost of this Request 4470-9470-5400-00 Account Number $ 48,700 Category/Project Budget $ 48,700 Funds Used To Date Library Tmurovements Category/Project Name Program Name 97004 $ -0- Sales Tax Capital Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item XX Budget Adjustment Attached nator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANT G A NCY: i counting7man a Date Fternal Auditor Date Ci y Attorney Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends approval of change order. Division Head Department Director Date Date Administrati-405ervices Director Date z /J Mayor Date Cross Reference New Item: Yes No Prev Ord/Res #: Orig Contract Date: C:\APP\97BUDWP\LIBRARY\EXTCO2.LIB FA YETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Ben Mayes, Administrative Services Director From: Harold Dahlinger, Facilities Superintendent Re: Exterior Renovation - Fayetteville Public Library Date: August 11, 1997 Approval of the enclosed change order #2 with Harrison Davis Construction Co., Inc. is requested. The change order will enable the contractor to proceed bracing the south wall of the second floor reading room in the Library. The exterior of the building consists of brick panels separated by large glass panels with exposed steel framing. The bracing will provide a positive connection between the brick panels and the steel framing system. The total contract for the exterior renovation project, after approval of this change order, will be $79,810. City Council approved the original contract in the amount of $74,400 and the Library Board is contributing $19,000 toward the total renovation costs. C:\APP\97BUDWP\LEBRARY\LIIBRACO2.MEM City of Fayetteville, Arkansas Budget Adjustment Form Budget Year (Department: Sales Tax Capital Improvement 1997 Division: Library Improvements Project or Item Requested: Additional funding is requested for the Library Exterior Renovation Project. Justification of this Increase: Additional funding is requested to fund a change order to fund bracing expense needed at the Library. Account Name Amount Library - Exterior Building Maintenance 4, ? •� 1„•. `� au Account Name Amount Interest Earnings 4,, Date Requested I Adjustment # 08/11/97 Project or Item Deleted: none. Increased Investment Earnings are proposed for this adj ustment. Justification of this Decrease: [nvestment earning exceed the annual budgeted amounts. Increase J t Account Number � > . �R r �a �;hrProjumber SO '44470 9470 "ii V. A .:`5400 00 .� 97004.'e YN fly eme 'Fq � �Y i _� 1•' ♦ < X ii�-�f•r•- .<yl.' -, +'4- � `;1j X'+ t` ": a Account Number Project Number c41 Ar' i ; ::} S•'•.A`.,v >. -' wl 1� F i~ . .may. - 50:'4470 0947 4708 00AQ S-.fcr;_w �+•.. - r -r �Ay;.fi i�_�,, .. �,. • - z-. •+,.fir" t i. • -. i1�'"`'".- ^ .i' i:` � .. • te� Fad .. .: Le16f ,, r. '.r.�1,• rpval& atura. �Jr- '- •.3.., ti.'.�_'. ��'^i:r' � tom-• °:r•,.�•c'h- ` Requested By '4�►:x Budget C rdinator t , Department Director - LiLL111LL1. Ul•1 Y1L.VJ LlI L.V LVI Date of Approval Posted to General Ledger Entered in Category Log Mayor C:\APP\97BUD\97WORK\LIB-BRAC.WK3 Budget Office Copy CHANGE OWNER M City of Fayetteville Arkansas ORDER CONTRACTOR (X') CONSTRUCTION MANAGER (X) PROJECT: LIBRARY EXTERIOR RESTORATION CHANGE ORDER NO: TWO (2) (name, address) 217 East Dickson DATE: August 4, 1997 Fayetteville, Arkansas 72701 TO CONTRACTOR: Harrison Davis Construction Co. PROJECT NO: 9736 - (name, address) 1931 A Deane Street CONTRACT DATE: June 3, 1997 Fayetteville, Arkansas 72701 CONTRACT FOR:General Constr. PURCHASE ORDER NO.0052408 The contract is changed as follows: Brace South Wall, Main Reading Room, Second Level as per Drawing by Joseph Looney & Associates Structural Consultants titled " Fayetteville Public Library, Wall Bracing Detail."..................................................................................$ 4,560.00 TOTAL THIS CHANGE ORDER ....................................$ 4,560.00 Not valid until signed by the Owner and Contractor. The original Contract Sum was $ ZgTa n n on Net Change Orders previously autthorized, $ P90. 00 Contract Sum prior to this Change Order was $ 75,250.00 Contract Sum will be (increasedjnrjeer=Wn the amount ofl $ A, SFQ o0 The new Contract sum including this Change order is $ 79,810.00 The contract time is (changed or unchanged by o Days The date of substantial completion is therfore RECOMENDED Harris= navi s rnnGtr, The City of Fayetteville Construction Manger Contractor Owner The City of Fayetteville 1931 A Deane Street 113 West Mountain Address Address Date Fayetteville, Ar 72 01, FayettRville,,-AR 727 1 B Date Dat . 5/8' M. A307. SLOT HOL£ VERT. 2' N -4- FINGER TIC.HT SPOIL THREADS. L3x3x3/16x.t4'-G* I3ETVWEEN 5TEEL JOISTS. IMST. STEEL JOIST OR W BEAM \ AO I � .i � I �� 3LAW- _.._.-- --__--------__.�; - EXIST. PLASTER. REMOVE + PATCH AS NECESSARY. ARKAN AS ►, REGISTERED PROFFESSIONAENGINEER NO. 6337 y 0 i r, I E% T52 1/2x2 1/2xl/4 BRACE AT 8' O.C. 4' MAX. FROM ENDS OF' WALL IN 1/av 2' " JOIST EXIST. WINDOW. -� L3x3x3/16xO'-3' EA. SIDE OF TS BRACE C4 TOTAL/BRACE). 1/2' DIA. MILT MIT C-20 ANC fOR 3 3/8' EMBED. PANEL I I I I 10 BRACES TOTAL]I i i I I I I i I i EX15T. BR" WALL 6 I l i BASE PL 3 1/2x9x3/8 I I I I EXIST. FLOOR SLAB W/ 2- 5/5 SLV. ANC. I11 Ti Y---- 2 — EMBED_ — — fs-�r---L=----- -_---_----____-- . u II Joseph Looney — 8c ASSOCIATES FAYETTEVILLE. PUBLIC LIBRARY RA- CONSULTANTS WALL BRACING DETAIL S"`°"`°�r°U TELEPHONE 501) 751 �-4= SCALES 3/4' i 1'-O' JLSA• JOB# 693 : .6 s HARRISON DAVIS CONSTRUCTION CO.. INC. Licensed General Contractor June 20, 1997 Page 1 of 2 CITY OF FAYETTEVILLE 113 West Mountain Street Fayetteville, AR 72701 ATTN: Minor Wallace, Construction Manager Revised: 8-4-97 COMMUNITY DEVELOPMENT PH: 501-575-8273 FX: 501-575-8257 RE: FAYETTEVILLE PUBLIC LIBRARY WALL BRACING 217 East Dickson Street Fayetteville, Arkansas SUBJECT: QUOTE/BID/PROPOSAL/FOR CHANGE ORDER*TWO (2) Harold, Our proposal for work as described on attached 'Wall Bracing' detail, provided by the City, is as follows: Materials, Labor, Equipment, LUMP SUM $ 4,560.00. All work is planned in conjunction with ongoing work as the 'Exterior Restoration' project. If accepted, please get us purchase order soon. Thanks, Respectfully, CC: CONTRACT FILE 1931-A Deane Street, Fayetteville, AR 72703 • (501) 443-0996, (501) 524-4888, FAX: 443-0136 0 5/8' DIA. A307. SLOT ROLE VERT. 2' IN 4. FINGER TIGHT SPOIL THREADS. Or Ae �, -&;---- _______ EXIST. PLASTER. REMOVE + PATCH AS NECESSARY. ARKS AS REGISTERED PRO ESSIONAL ENGINEER ''II L/ NO. 6587 ,J T52 1/2x2 1/2x1/4 BRACE AT 8' O.G. 4' MAX. FROM ENDS Of WALL L3x3x3/16x±4'—r' BETWEEN STEEL JOISTS. EXIST. STEEL JOIST OR W BEAM rQ� r. r A0 4��= /8 I EA. JOIST I I I EX15T. WINDOW. co — L3x3x3/16xO'-3' EA. SIDE OF T5 BRACE C4 TOTAL/BRACE). 1./2' DIA. HILT HIT C-20 ANCHOR 3 3/5' EMBED. PANELS. I I 10 BRACES TOTAL I I i EXI5T. I BASE PL 3 1/2x9x3/8 I I I I E-A5T. W/ 2— 5/5 5LV. ANC. ts YL 1T_I -----2 — EMBED-----—_L r L.-7r—L____________________ II BRICK WALL FLOOR SLAB II Joseph Looney ---------- & ASSOCIATES 3:'AYBTTr7VI1 s>Rucn,olL corrsuLirlirrs L� PUBLIC LIBRARY WALL BRACING DETAIL E WT WOW v"�' �°"° SPPoNGaALE, AR1c�1NSAS 72762 SCALE, 3/4' - 1'-0' TELEPHONE (501) 751-4020 JL$A JOB# 693 CERTIFICATE OF INSURANCE - v ~ _WIT OAT ,MMibDA 06/13/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Allen -Smith Insurance, Inc. POLICIES BELOW. #2 E.56th Place,P.O.Box 94009 North Little Rock, AR 72190 COMPANIES AFFORDING COVERAGE (501) 753-9092 COMPAN Y A GENERAL ACCIDENT INS. CO. LETTER COMPANY B LETTER INSURED COMPANY C Harrison Davis Const. Co.lnc LETTER 1931-A Deane Street COMPANY D Fayetteville AR 72703 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CD LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY CPP 113 60 15 03/01/97 03/01/98 GENERAL AGGREGATE $ 1 , 000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1 , 000,000 CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ 500,000 A X OWNER'S & CONTRACTOR'S PROT. BINDER SM060997-1 06/09/97 06/09/98 EACH OCCURRENCE $ 500,000 $2,000,000 BI/PD FIRE DAMAGE (Any one fire) $ 50,000 IN NAME OF OWNER MED. EXPENSE (Any one person) $ 5,000 A AUTOMOBILE LIABILITY BA0178016 03/01/97 03/01/98 COMBINED SINGLE 5 1 000,000 ANY AUTO LIMIT , ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) S X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) 5 GARAGE LIABILITY PROPERTY DAMAGE 5 A EXCESS LIABILITY XC0118136 03/01/97 03/01/98 EACH OCCURRENCE 1,000,000 UMBRELLA FORM AGGREGATE 5 1,000,000 OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION A WC0152683 03/01/97 03/01/98 EACH ACCIDLNT S 500,000 AND DISEASE - POLICY LIMIT $ 500,000 EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE S 500,000 OTHER A Builders Risk - Reporting CIM 0445819 03/01/97 03/01/98 Any One Job 1,500,000 Form - Special Fonn Temporary Storage 100,000 $1,000 deductible Transit 100,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS Job: Fayetteville Library Exterior Restoration CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER Cily of Fayetteville, AR 11 W. Mountain Street Fayetteville, AR 72701 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENQDWU (jc>RXXXXXXXX MAIL 30 *DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BpOt&lxjB 10)dyid(1XX9170tX7t.'DiiQOCMk0XXR6iSt6(XJ(X1P1870Qf9TX7>I1CXIf3(XXXXWXXX x ACORD 25-S (7/90) / " - • I ©ACORD CORPORATION 1990 V� 0 �-:INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O BOX 5900. MADISON, WI 53705-0900 PHONE (608) 231-4450 • FAX (608) 231-2029 POWER OF ATTORNEY No: 439571 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint -------------CHARLES M. ALLEN, G. ROBERT SMITH, SHERRI L. MOSS, MALISA A. PERIN-------------------- -------------------------------------- DALE E. TEMPLE (North Little Rock, AR) ------------------------------------------------ its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of --------------------------------------------------NOTTO EXCEED$3,000,000.00----------------------------- ---------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: -RESOLVED, that the President, and Vice -President. the Secretary or Treasurer, acting mdividually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney (s) -in -fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked. for cause, or without cause, by any of said officers. at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1993. Attest: virgiline M. Schulte, Secretary STATE OF WISCONSIN COUNTY OF DANE CAPITOL INDEMNITY CORPORATION 01 5 c CORPORATE ''£ Ccor Fait, President SEAL 3 111111c1N\\ On the 1 st day of June, A.D., 1993, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. fUlWlq/%/ice Di $yam hs� STATE OF WISCONSIN 1 PETER J} E ' = Peter E. Hans COUNTY OF DANE lugs Notary Public, Dane Co., WI %, Ayn11111rt \�\\\ fly Commission is Permanent 0\\ CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION. a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Madison. Dated the 9 th day of une 19 97 01 06 O9 _ Ra4j '� co AT L x° Paul Bre er, Treasurer //// ///q/lllllllttl\1\ This power is valid only if the power of attorney number printed in the upper right hand corner appears in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Capitol Indemnity Corporation. Bond #C000720635 Vq4(/WINI)EMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 • FAX (608) 231-3125 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That HARRISON DAVIS CONSTRUCTION COMPANY, INC. (Name and address of the Contractor) 1931-A Deane St., Fayetteville, AR. 72703 as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FAYETTEVILLE (Name and address of the Owner) 113 W. Mountain St., Fuyetteville,FR. 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of SE`•:'ENTY FOUR THOUSAND FOUR HUNDRED and 00/100--------------- Dollars(S 74,400.00** )� (Insert a sum equal to at least one-half of the contract price for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June 3, 1997 entered into a contract with Owner for FAYETTEVILLE LIBRARY EXTERIOR RESTORATION in accordance with drawings and specifications prepared by (Full name and address of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the con- ditions outlined on the reverse side of this bond: Signed and sealed this 9th Witness day of June A.D. 19 97 HARRISON DAVIS CONSTRUCTION CO., INC (SEAL) (SEAL) (Principal) (Title) CAPITOL INDEMNITY CORPORATION, aKconsiinorporation, (Surety) jA-Witness �^^'�^% LA �-� B�%� (SEAL) Valarie Wilson tA rialisa A. Perin, Attorney -in -Fact (Title) CIC-C-418-131D(2/90) CONDITIONS I. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light; heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, materials were furnished by such claimant may sue on this bond for the use of such claimant, pro- secute the suit to final judgement for such sum or sums as may be justly due claimant, and have ex- ecution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced here- under by any claimant. (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the follow- ing: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did of performed ?he last of the work or labor, or furnished the last of the ma- terials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the mate- rials were furnisher], or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by regis- tered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at anyplace where an office is regularly maintained for the transactionof business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a pub- lic officer. (b) After the expiration of one (1) year fol- lowing the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other po- litical subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the dis- trict in which theproject, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filedof rec- ord againstsaid improvement, whether or not claim for the amount of such lien be presented under and against this bond. Bond #C000720635 INDEMNITY CORPORATION Madison, Wis. 53705-0900 (a Stock Company, organized under the laws of Wisconsin) ci� PERFORMANCE BOND ¢ J C/) L KNOW ALL MEN BY THESE PRESENTS: hat — HARR?SON-I. DAVIS CONSTRUCTION COMANY, INC. ` N (Name and address of the Contractor) 1931-A Deane St., Fayetteville, AR. 72703 cn 3 fV as Principal, hereinafter called Contractor, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter callm Surety, are held and firmly bound unto CITY OF FAYETTEVILLE (Name and adds s of th Owne ) 113 W. lountain St., FaycttvavT�l e, AR. 12701 as Obligee, hereinafter called Owner, in the amount of SEVENTY FOUR THOUSAND FOUR HUNDRED and 00/100----------------------------------------------- ( 7 Dollars 4,400.00** $ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement date 1997 entered into a contract with Owner for Fayetteville !_ ibrary_ Exterior Restoration in accordance with drawings and specifications prepared by (Full name of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully per- form said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be inclefault under the Contract, the Owner-havingperformed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, a, (2) Obtain a bid c,r bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surely jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or conlrocts of com,nlelion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surely may be liable hereunder, the amount sel forth in the first paragraph hereof. The term "balance of the conlracl price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments (hereto, less the amounl properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this _ _ 9th June 97 day of A.D. 19 HARRISOli DAVIS CONSTRUCTION CO., INC. y / / (SEAL) �`" /// ���/+ (SEAL) Witness_ +l. L (Principal) (SEAL) (Title) C ITOL INDEMNITY CORPORAT ON a isc nsin Corporation, P_� Witness6u_&4,-�JVr1�.��.0 B (SEAL) Valarie Wilson M4 isa A. Perin,Pttorney-in-varff— (Title) _,1 CIC-C-419-0(5/89) �f �/ MICROFILMED FAYETTEVILLE LIBRARY EXTERIOR RESTORATION "R to r, � ' 3 BIDDING AND CONTRACT DOCUMENTS CITY OF FAYETTEVILLE FAYETTEVILLE LIBRARY EXTERIOR RESTORATION 217 EAST DICKSON FAYETTEVILLE, ARKANSAS MARCH 1997 TABLE OF CONTENTS FOR FAYETTEVILLE LIBRARY EXTERIOR RESTORATION FAYETTEVILLE, ARKANSAS MARCH 1997 DRAWINGS SHEETS 1-9 BIDDING AND CONTRACT DOCUMENTS SECTION TITLE 00020 Advertisement for Bids 00100 Instruction to Bidders 00300 Bid Form 00350 Bid Bond 00400 Notice of Award 00500 Contract 00600 Notice to Proceed 00700 General Conditions 00800 Supplementary Conditions DIVISION 1 GENERAL REQUIREMENTS 01010 Summary of Work and Procedures 01100 Special Project Requirements DIVISION 3 CONCRETE 03300 Cast in Place Concrete DISITION 4 MASONRY 04800 Masonry DIVISION 5 METALS 05100 Steel Fabrications DIVISION 7 THERMAL AND MOISTURE PROTECTION 07100 Thermal and Moisture Protection DIVISION 8 DOORS AND WINDOWS 08100 Aluminum Storefront 08200 Atrium Wood Doors and Windows 08700 Hardware 08800 Glazing DIVISION 9 FINISHES 09200 Stucco 09900 Painting END TABLE OF CONTENTS 2 �w E I O O co O L O O N �.0 O' C N O � O uj U Q [p U LU iL W co V U) O O z ca a. .A N N O LL j I N L 4-a W L L L O Z J W ^>1 W ^L, W 4-1 a) >1 r'1 Z O_ U) Z w J J Q LL w w U O' n .-. N L cc u �- O -1�-f ._ o Z U w LU Z Z = S2 � X O w a- O 0 N 0 i O N O N O N O N i ,N _ d- O O N U) Q m (0 O z •E U a) cu = Cl)� a) O �— Z o Cl)x W •ML W u cu L W N �+ a--� W Q� L p E W z Q +� Cl)_ a)W c I � N p iQ �X c W - (n O \ 00 I I M � Z N U ---0 �X W O .� Q N U 4- W Q Q cn _ W _ W � U o = U _ o O Q a CU IZ cu LL LO O c� a. I C Cl) .X E 0 ow CV IT I.-. C U cn L co N N N cc E 0 cu N cn CM v U) 0 O ii U O 0 L Ncu L.L cu .Ncu LJ� L cu D� N W 0 A 00 N O N 3 I X M U M UN C U N .cu O . N O U O C: M �j cn 0 [ r XOJ Q 'v x E Q v M � c C � O U m � w 2 m X S Q N c J CD C U rn c .N W co N E N L - Q I co W w a 9 V J Z (� L O W U C LU O 0 U W N J coN U- N �' X CO J � W � m Cl) c 0 > Z a) 7jj O Z m C0 W i V L ^O L.L Q O Z W U (1) ZO O a O ? Q J m 0° W (D W L cc FCAU) LLIV o N U cu 7 N N L Y N N N N (6 N ._ N C 4% am C L Ucn N E O N N N O Z ft N N (a co c i O O j O � C O w L O cN 0 0 2 m -C , O O Cc O m 'a C N O N U .� o 06 QU- o co f/) U L N N J N N (n (0 3: N N cu 2 t LL U co La-) N co Lt Z f L O N N U C C Q C� M n U Cl) Q (D (Q U V U) U) O N � O �cu Z U � � J 0Li O W a 06 LO CL 0 m m .� Q m t Q Q IL Q i U 0 Q � C L W 0 0 '^ v Q N � ( W x O z Z I E > + N ,c W o U c 0 U, N o �I c z ;o I o . w / cn m m L w 0 50 0 a r 0 0 Z a 0 U u1 N O U U) O O Z ca U O � L CO) co W W CO W U U i El ADVERTISEMENT FOR BIDS Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:30 p.m. on May 1, 1997, for furnishing all tools, materials, and labor and performing the neccessary work for restoration of the exterior of Fayetteville Library, in Fayetteville, Arkansas. At this time and place all bids received will be publicly opened and read aloud. The work generally consists of exterior restoration as follows: tuckpoint masonry; repair and replace defective masonry; repair masonry retaining wall; clean and waterproof all exterior masonry; caulk all joints between disimilar materials; install handrail on north porch; resurface north porch; clean and paint all steel structural members, railings, gates, misc. steel, windows and doors. clean and paint all exterior wood trim, walls, exterior atrium window walls and doors, doors and windows. Drawings and specifications are on file and may be examined at the office of the Construction Manager, City of Fayetteville, or the Purchasing Officer, City of Fayetteville. Copies of these documents may be obtained from the office of the construction manager upon request. The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must accompany the Bid. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the work. No Bids may be withdrawn within a period of 60 days after the fixed date for opening Bids. Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The City Council reserves the right to reject any or all bids, to wave irregularities in the Bids and bidding deemed to be in the best interests of the City Council, and to reject all nonconforming, nonresponsive, or conditional Bids. /S/ Peggy Vice Purchasing Office THE CITY OF FAYETTEVILLE IS AN EQUAL OPPORTUNITY EMPLOYER Date: April 10,1997 Bid No. 9736 City of Fayetteville Document 00020-1 March 1997 SECTION 00100 INSTRUCTIONS TO BIDDERS 1. BID FORMS A. Bids must be submitted on forms included in Section 00300 of Project Manual. Submit one copy. B. Place Bid Documents, sealed in envelope, and clearly labeled with words "BID DOCUMENTS". Show job name and number, name of bidder, date and time of opening. C. In case of discrepancy between written amounts shown by bidder and amounts in figures on Bid Form, the amount written out rather than amount in figures shall govern. 2. INTERPRETATIONS A. No interpretation of plans , specifications or other bid documents will be made to any bidder orally. Requests for such interpretations should be in writing addressed to City of Fayetteville, Construction Manager, 113 West Mountain, Suite 222, Fayetteville, AR 72701, and to be given consideration must be received at least five working days prior to date fixed for opening of bids. B. Interpretation and supplemental information is issued in form of written addenda mailed to prospective prime contract bidders. Failure of bidder to receive any addendum or interpretation shall not relieve bidder from obligation under his bid as submitted. All addenda so issued shall become part of contract documents. 3. BID GUARANTY A. Bid must be accompanied by bid guaranty of not less than five percent (5%) of the amount of bid, and at option of bidder, may be a certified check, bank draft, or bid bond secured by surety company. Certified check or bank draft must be made payable to order of Owner. Bid guaranty shall insure execution of contract and furnishing of performance and payment bond, or bonds by successful bidder. 4. OPENING OF BIDS a. At time and place fixed for receiving of bids, every bid received within time fixed for receiving bids will be opened and publicly read aloud, unless the bid contains irregularities on statutory requirements. Failure of bidder to respond to statutory City of Fayetteville 00100-1 March 1997 4. OPENING OF BIDS (CONT'D) requirements listed on the bid form may result in the bid being declared nonresponsive and the bid will not be read nor will the bid be considered for the purposes of awarding a contract. 5. WITHDRAWAL OF BIDS PRIOR TO BID OPENING A. Bids may be withdrawn on written or telegraphic request dispatched by bidder in time for delivery in normal course of business prior to time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over signature of bidder is placed in the mail and postmarked prior to time set for bid opening. Negligence on the part of bidder in preparing his bid confers no right of withdrawal or modification of his bid after such bid has been opened. 6. QUALIFICATIONS OF BIDDER A. Owner may make such investigations as he deems necessary to determine ability to perform Work, and bidder shall furnish to Owner all such information and data for this purpose Owner may request. Owner reserves right to reject bid of any bidder who has previously failed to perform properly, or to complete on time, contracts of similar nature; who is not in position to perform contract, or who has habitually and without just cause neglected payment of bills,or otherwise disreguarded obligations to subcontractors, materialmen, or employees. 7. POWER OF ATTORNEY A. Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 8. LAWS AND REGULATIONS A. Bidder's attention is directed to the fact that all State laws, municipal ordinances, and rules and regulations of authorities having jurisdiction over construction of project shall apply to contract throughout, and they shall be deemed to be included in contract the same as though written out in full. Specific attention of bidder is called to requirements of Arkansas State Licensing Law for Contractors (Act 150 of 1965). 9. CONDITIONS OF THE WORK A. Bidder must inform himself fully of conditions relating to construction of project City of Fayetteville 00100-2 March 1997 9. CONDITIONS OF THE WORK (CONT'D) and employment of labor. Failure to do so does not relieve successful bidder of his obligation to furnish material and labor neccessary to carry out provisions of his contract. Insofar as possible Contractor, in carrying out his work, must employ such methods or means to not cause any interruption of or interference with Work of any other Contract. 10. BID INFORMALITIES AND REJECTION OF BIDS A. Owner reserves the right to waive any informalities in a bid or to reject any or all bids. 11. CONDITIONAL BIDS A. Conditional bids will not be considered. J JEND OF SECTION 00100 J J B City of Fayetteville 00100-3 March 1997 J Section 00300 BID FORM RESTORATION OF EXTERIOR FAYETTEVILLE LIBRARY Fayetteville, Arkansas BID NO.9736 Bid of and existing under the laws of the State of doing business as (hereinafter called "Bidder"), a corporation organized , or a partnership, or an individual To: City of Fayetteville, (hereinafter called the owner): The Bidder, in compliance with your Advertisement For Bids on May 1, 1997, and having examined the drawings and specifications with related documents and the site of the proposed work, and being familar with all of the conditions surrounding the construction of the proposed project including normal inclement weather conditions and the availability of materials, and labor, hereby proposes to furnish all labor, materials, and equipment to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the price stated below. This price shall cover all expenses incurred in performing the work required under the Contract Documents, within the time set forth therein, and at the price stated below. This price is to cover all expenses incurred in performing the work required under the Contract Documents. Bidder hereby agrees to commence work under this contract on or before a date to be agreed upon by the Contractor and the Owner and to fully complete the project within 90 consecutive calendar days thereafter from that agreed date. Bidder acknowledges receipt of the following addendum: Addendum No. Stibiect City of Fayetteville 00300-1 March 1997 13ASE BID; rS The Bidder shall state the price bid in words and figures (written in ink or typed) for the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any formalities in the bidding. Bidder agrees that this bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectively submitted, Firm Name I� Address City State Arkansas State Contractor's License Number City of Fayetteville 00300-2 March 1997 DOCUMENT 00350 BID BOND STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: Principal and Contractor, herein called Surety, are held and firmly bound unto the City of Fayetteville, Arkansas and represented by its Mayor and City Council, hereinafter called OWNER, in the sum of OLLARS ( lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the furnishing of all labor, materials (except those specifically furnished by the Owner), equipment equipment, machinery, tools, aparatus, means of transportation for, and the performance of the Work covered in the Bid and the detailed Drawings and Specifications, entitled: FAYETTEVILLE LIBRARY EXTERIOR RESTORATION CITY OF FAYETTEVILLE, ARKANSAS WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee that the bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract within 15 consecutive calendar days after written notice having been given of the award of the Contract. NOW, THERFORE, the conditions of this obligation are such that if the Principal within 15 consecutive calendar days after written notice of such acceptance enters into a written Contract with the Owner and furnishes Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the Owner and the Surety herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United States of America, as liquidated damages for the failure thereof of said Principal. City of Fayetteville 00350-1 March 1997 IN WITNESS WHEREOF, the sai caused these presents to be signed in its name by its attested by its these presents to be signed in its name by its under its corporate seal, this Signed, sealed and delivered in the presence of: Surety As to Principal As to Surety , as Principal herein, has under its corporate seal, and the said Day of and As Surety herein, has caused A. D., 19 Principal Contractor By Title Attorney -in -Fact (Power -of -Attorney To be Attached) By Resident Agent City of Fayetteville 00350-2 March 1997 I rl NOTICE OF AWARD TO: PROJECT DESCRIPTION: The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , 1997 and Instruction to Bidders. You are hereby notified that your BID has been accepted in the amount of: You are required by the Instructions to Bidders to execute the Contract and furnish the required CONTRACTOR'S Performance Bond, Payment Bond, and certificates of insurance within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said Bonds within fifteen (15) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice Of Award to the OWNER. Dated this Day of , 19 CITY OF FAYETTEVILLE By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by this the day of , 19 By — Title City of Fayetteville 00400-1 March 1997 rl 0 DOCUMENT 00500 ICONTRACT THIS AGREEMENT made and entered into on the Day of 19_ , by and between herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner. WITNESSETH That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials,and perform all the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as fully contained herein and are entitled FAYETTEVILLE LIBRARY EXTERIOR RESTORATION, dated March 1997. Advertisement for Bids Payment Bond Instructions to Bidders General Conditions Bid and acceptance thereof Supplemental Conditions Performance Bond Specifications 1 2. That the Owner hereby agrees to pay the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specfications or Bid, in lawful money of the United States, the amount of: Dollars ($ ) 3. The work will be fully completed within 90 days after the date when the Contract Time commences to run as provided in the Notice to Proceed, and ready for final payment in accordance with the General Conditions. City of Fayetteville 00500-1 March 1997 4. Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed within the times specified above, plus any extension thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Fifty Dollars ($50.00) for each day that expires after the time specified in Paragraph 3 for Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified, without any proper extension therof. 5. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS a retainage of 10 percent until the project is 50 percent complete. Thereafter, there will be no additional retainage assessed for the project. This retainage is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, as well as a written consent of Surety, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such Work by the Owner. 7. It is further agreed between between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Owner. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner. City of Fayetteville 00500-2 March 1997 I IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: ATTEST: Approved as to form: City of Fayetteville CONTRACTOR LIM Title CITY OF FAYETTEVILLE, ARKANSAS OWNER :A Attorney for Owner 00500-3 Mayor March 1997 Attachment A PERFORMANCE BOND Attachment B PAYMENT BOND Attachment C CERTIFICATES OF INSURANCE NOTICE TO PROCEED TO: DATE: PROJECT: Fayetteville Library Exterior Restoration You are hereby notified to commence WORK in accordance with the Contract dated On or before , and you are to fully complete the WORK within ninety consecutive calendar days thereafter. The date for Completion is therefore '1997. CITY OF FAYETTEVILLE, ARKANSAS Owner LO-A Fred Hanna, Mayor, or designee ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEEDis hereby acknowledged by This the Day of By _ Title City of Fayetteville 00600-1 March 1997 , 1997 DOCUMENT 00700 GENERAL CONDITIONS GENERAL NOTE: OWNER WILL PROVIDE ALL PHASES OF THE SERVICES INDICATED IN THE GENERAL CONDITIONS. ALL REFERENCES TO THE "ENGINEER" IN THESE GENERAL CONDITIONS SHALL BE CHANGED TO THE OWNER OR THEIR DULY AUTHORIZED REPRESENTATIVE. EXAMPLE OF GOVERNING STANDARD DOCUMENT A. "Standard General Conditions of the Construction Contract", Document No. 1910-8 (EJCDC) 1990 Edition, Articles 1-17 inclusive, consisting of forty-two printed pages, is hereby bound and incorporated into these specifications and is to be used as the General Conditions for this contract. 2. AMENDED PROVISIONS A. Where any article or articles of above, General Conditions are supplemented by Supplementary Conditions, provisions of such articles shall remain in effect and supplementary provisions shall be considered as added thereto. Where any such article or part of such article is amended, voided or changed by Supplementary Conditions, provisions not specfically so amended, voided or changed shall remain in full effect. Where provisions of Supplementary Conditions are at variance or conflict with provisions of the General Conditions, Supplementary Conditions shall govern. The General Conditions and Supplementary Conditions shall apply to Work in every Division or Section of these Specifications. END OF SECTION 00700 City of Fayetteville 00700-1 March 1997 TABLE OF CONTENTS OF GENERAL CONDITIONS Ar''rle or Paragraph Page N 'lber & Title Number 1. JEFINITIONS................................... 13 1.1 Addenda ............................. 13 - �2 Agreement ........................... 13 3 Application for Payment .............. 13 1.4 Asbestos ............................. 13 1.5 Bid ................................... 13 .6 Bidding Documents ................... 13 Bidding Requirements ................ 13 1.8 Bonds ................................ 13 �.9 Change Order ........................ 13 1.10 Contract Documents .................. 13 1.11 Contract Price ........................ 13 1.12 Contract Times ....................... 13 1.13 CONTRACTOR ...................... 13 14 defective ............................. 13 �.15 Drawings ............................. 13 1.16 Effective Date of the Agreement ...... 13 �.17 ENGINEER .......................... 13 18 ENGINEER's Consultant ............. 13 11. 1.19 Field Order ........................... 13 1,10 General Requirements ................ 14 1.21 Hazardous Waste ..................... 14 1.22 Laws and Regulations; Laws or Regulations ........................ 14 1.23 Liens ................................. 14 1.24 Milestone ............................. 14 -1.25 Notice of Award ...................... 14 1.26 Notice to Proceed .................... 14 1.27 OWNER .............................. 14 1.28 Partial Utilization ..................... 14 J1.29 PCBs ................................. 14 1.30 Petroleum ............................ 14 1.31 Project ............................... 14 ;1.32 Radioactive Material .................. 14 1.33 Resident Project Representative ....... 14 A.34 Samples .............................. 14 1.35 Shop Drawings ....................... 14 J1.36 Specifications ......................... 14 1.37 Subcontractor ........................ 14 1.38 Substantial Completion ............... 14 1.39 Supplementary Conditions ............ 14 - J1.40 Supplier .............................. 14 1.41 Underground Facilities .............. :. 14 11.42 Unit Price Work ...................... 14 1.43 Work ................................. 15 1.44 Work Change Directive ............... 15 1.45 Written Amendment .................. 15 PRELIMINARY MATTERS ........... . .......... 15 2.1 Delivery of Bonds .................... 15 2.2 Copies of Documents ................. 15 2.3 Commencement of Contract Times; Notice to Proceed .................. 15 2.4 Starting the Work ..................... 15 Article or Paragraph Page Number & Title Number 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Insurance .......................... 15 2.8 Preconstruction Conference ........... 15 2.9 Initially Acceptable Schedules ......:.. 16 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................ 16 3.1-3.2 Intent ................................ 16 3.3 Reference to Standards and - Specifications of Technical Societies; Reporting and Resolving Discrepancies ...................... 16 3.4 Intent of Certain Terms or Adjectives .. 17 3.5 Amending Contract Documents ....... 17 3.6 Supplementing Contract Documents ... 17 3.7 Reuse of Documents .................. 17 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS. 17 4.1 Availability of Lands .................. 17 4.2 Subsurface and Physical Conditions ... 17 4.2.1 Reports and Drawings ................ 17 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ......... 18 4.2.3 Notice of Differing Subsurface or Physical Conditions ................. 18 4.2.4 ENGINEER's Review ................ 18 4.2.5 Possible Contract Documents Change 18 4.2.6 Possible Price and Times Adjustments . 18 4.3 Physical Conditions -Underground Facilities ........................... 18 4.3.1 Shown or Indicated ................... 18 4.3.2 Not Shown or Indicated .............. 19 4.4 Reference Points ...................... 19 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 19 5. BONDS AND INSURANCE ..................... 20 5.1-5.2 Performance, Payment and Other Bonds. 20 5.3 Licensed Sureties and Insurers; Certificates of Insurance ............ 20 5.4 CONTRACTOR's Liability Insurance . 20 5.5 OWNER's Liability Insurance ........ 21 5.6 Property Insurance ................... 21 5.7 Boiler and Machinery or Additional Property Insurance ................. 21 5.8 Notice of Cancellation Provisions ..... 21 5.9 CONTRACTOR's Responsibility for Deductible Amounts ................ 22 5.10 Other Special Insurance ............... 22 5.11 Waiver of Rights ...................... 22 Article or Paragraph Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ............. 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. 22 5.15 Partial Utilization -Property Insurance .......................... 23 6. CONTRACTOR'S RESPONSIBILITIES 6.1-6.2 .......... Supervision and Superintendence ...... 23 23 6.3-6.5 Labor, Materials and Equipment ...... 23 6.6 Progress Schedule .................... 23 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation .......... 23 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 24 6.I2 Patent Fees and Royalties............ 25 6.13 Permits ................... 25 6.14 Laws and Regulations 6.15 ................ Taxes 25 6.16 .. Use of Premises . . . 25 6.17 Site Cleanliness ....................... 26 6.18 Safe Structural Loading 6.19 ............... Record Documents ................... 26 26 6.20 Safety and Protection 6.21 ................. Safety Representative ................. 26 26 6•22 Hazard Communication Programs 27 6.23 ..... Emergencies .......................... 27 6.24 Shop Drawings and Samples 6.25 .......... Submittal Procedures; 27 CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 27 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 27 6.27 Responsibility for Variation From Contract Documents ................ 27 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ............. 27 6.29 Continuing the Work 6.30 .................. CONTRACTOR's General 28 Warranty and Guarantee ............ 28 6.31-6.33 Indemnification 6.34 Survival of Obligations 28 ................ 7. WOE 28 7�H3R ed Work at Site 7.4 .................. Coordination 29 8. OWNER'S RESPONSIBILITIES 8.1 ................. Communications to Contractor 29 8.2 ........ Replacement of ENGINEER 29 8.3 .......... Furnish Data and Pay Promptly When 29 Due................ 8.4 Lands and Easements; Reports and 29 Tests............................... 8.5 Insurance. 29 Article or Paragraph Number & Title 8.6 Ni, Change Orders 8.7 Inspections, Tests and Approvals 8.8 , Stop or Suspend Work; Terminate CONTRAC!TOR's Services 8.9 ......... Limitations on OWNER's Responsibilities ..... 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 8.11 . Evidence of Financial Arrangements .. 9. ENGINEER'S STATUS DURING CONSTRUCTION ...... 9.1 OWNER's Representative ............ 9.2 Visits to Site ... . 9.3 Project Representative ............... . 9.4 Clarifications and Interpretations 9.5 ...... Authorized Variations in Work 9.6 ...... . Rejecting Defective Work 9.7-9.9 ............ Shop Drawings, Change Orders and Payments 9.10 Determinations for Unit Prices 9.11-9.12 .. Decisions on Disputes; ENGINEER as Initial Interpreter 9.13 Limitations on ENGINEER's Authority and Responsibilities ...... 10. CHANGES IN THE WORK ..................... 10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment ................. 10.3 Work Not Required by Contract Documents ...... 10.4 Change Orders 10.5 Notification of Surety ................. 11. CHANGE OF CONTRACT PRICE .............. 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work .................. 11.4 Cost of the Work ..................... 11.5 Exclusions to Cost of the Work - 11.6 .. CONTRACTOR's Fee .......... 11.7 ...... Cost Records ....... , 11.8 Cash Allowances ....... ...... z 11.9 Unit Price Work ...................... 3 12. CHANGE OF CONTRACT TIMES 12.1 ........ 3 Claim for Adjustment ................ 3- 12.2 Tune of the Essence .................. 1 12.3 Delays Beyond CONTRAC17OR's 12.4 Control............................ Y Delays Beyond OWNER's and CONTRACTOR's Control .......... 35 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ... .......... 13.1 Notice of Defects 36 ..................... 13.2 Access to the Work 36 ................... 13.3 Tests and Inspections; Contractor's 36 Cooperation ........................ 36 Article or Paragraph Number do Title Page e r ' A title or Paragraph 13.4 OWNER's Responsibilities; Number Number &Title Number Page Independent Testing Laboratory 36 14.12 Final Application for Payment ......... 40 13.5 CONTRACDOR's Responsibilities 14.13-14.14 Final Pavment and Acceptance ........ 40 13.6-13.7 ..... CoveringWork Prior to Inspection, 36 14.15 Waiver of Claims ..................... 40 Testing or Approval ........... • • • • • 36 15. SUSPENSION OF WORK AND 13.8-13.9 Uncovering Work at ENGINEER'S TERMINATION Request ................ ............ 36 ...............................40 15.1 OWNER May Suspend Work 40 13.10 OWNER May Stop the Work ......... 36 ......... 15.2-15.4 OWNER May Terminate 13.11 Correction or Removal of Defective .............. 15.5 CONTRACTOR May Stop Work or 40 13.12 Work ....... ......... Correction Period ..................... 37 Terminate Teinate ...... 13.13 Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION 13.14 OWNER May Correct Defective ......... . 41 Work ............................... 37 17. MISCELLANEOUS ............................. 17.1 Giving Notice 42 14. PAYMENTS TO CONTRACTOR AND ........••••...•...• 17.2 Computation of Times .......... 42 42 COMPLETION • • 17.3 Notice of Claim ......... 42 14.1 "•""..................• Schedule of Values 37 17.4 Cumulative Remedies ......•••�•••• 42 14.2 ............ Application for Progress Payment 37 38 ,• 17.5 Professional Fees and Court Costs 14.3 ..... CONTRACTOR's Warranty of Title ... 38 Included ........................... 42 14.4-14.7 Review of Applications for Progress Payments EXHIBIT GC -A (Optional): 14.8-14.9 ......... • • • • • • Substantial Completion 38 Dispute Resolution Agreement (Optional) • GC -Al 14.10 Partial Utilization . . • • • • . . • • • • • • • ......•"""""'... 39 39 • • • 16.1-16.6 Arbitration .................... GC -Al 14.11 Final Inspection ...................... 39 16.7 Mediation ..................... GC-A2 3 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of - Bonds and Insurance . ....................'.......... 5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment ................................. 9.12, 14.15 insurance ........................................... 5.14 other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34 Access to the - Lands, OWNER and CONTRACTOR responsibilities ..................................... 4.1 site, related work .................................... 7.2 Work . .................................. 13.2, 13.14, 14.9 Acts or Omissions-, Acts and Omissions - CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13.3 OWNER....................................... 6.20, 8.9 Addenda -definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.39 9.4, 9.5, 10.2-10.4, 119 12, 14.8, 15.1 progress schedule .................................... 6.6 Agreement - definition of .......................................... 1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash ..................................... 11.8 Amending Contract Documents ......................... 3.5 Amendment, Written - in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10. 1, 10.4, 11.2, 12.1, 13.12.29 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.109 9.11, 10.4, 16.2, 16.5 Application for Payment - definition of .......................................... 1.3 ENGINEER's Responsibility ................ . ........ 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.89 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of ...................................... 14.4-14.7 Arbitration (Optional) ............................. 16.1-16.6 Asbestos - claims pursuant thereto ....................... 4.5.29 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................... 1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.279 9.5 Availability of Lands ............................... 4.19 8.4 Award, Notice of -defined ............................ 1.25 Before Starting Construction ........................ 2.5-2.8 Bid -definition of ...................................... 1.5 (I.1, 1.10, 2.39 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Article or Paragra Numt Bidding Documents -definition of ................ 1.6(6.8 Bidding Requirements -definitions of ...... 1.7 (1.1, 4.2.6 Bonds - acceptance of ....................................... 5. additional bonds ..................... ...... 10.5, 11.4.` Costof the Work ................................... I LC definition of ........................................... delivery of ...................................... 2.1, final application for payment ................. 14.12-14. general ............... 1.10,5.1-5.3,5.13, 9.13,10.5, 14.7, performance, Payment and Other ................. 5.1-5 Bonds and Insurance -in general ......................... Builder's risk "all risk" policy form ................... 5.( Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5. Cash Allowances ...................................... I1 Certificate of Substantial Completion ......... 1.38, 6.30.2. 14.8, 14. Certificates of Inspection ................ 9.13.4, 13.5, 14. Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.139 5.6.5, 5. ....................................... 5.14, 9.13.4, 14. Change in Contract Price - Cash Allowances ................................... 11 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8. 9.4, 9.5, 9.11, 10.2, 10.5, 11.29 13. 13.13, 13.14, 15.1, 15 CONTRACTOR's fee ............................... 11 Cost of the Work general ...................................... 11.4-11 Exclusions to ....................................... 11 Cost Records ....................................... 11. in general ................ 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 1 Lump Sum Pricing ................................ 11.3. Notification of Surety ............................... 10. Scopeof ....................................... 10.3-10. Testing and Inspection, Uncovering the Work ........ 13. Unit Price Work .................................... 11. Valueof Work ...................................... 11. Change in Contract Times - Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2 9.4, 9.5, 9.11, 10.29 10.5, 12.1, 13.9, 13.12 13.14, 14.7, 15.1, 15. Contractual time limits .............................. 12.'. Delays beyond CONTRACTOR's control ............ 12._ Delays beyond OWNER's and CONTRACTOR's con, trol............................................... 12.- Notification of surety ............................... 10._ Scope of change ............................... 10.3-10.1 Change Orders - Acceptance of Defective Work 13.1- Amending Contract Documents ...................... 3.` Cash Allowances ................................... IIj Change of Contract Price ............................. 1'. Change of Contract Times ......... . .................. l: Changes in the Work .................................. 1( CONTRACTOR's fee ............................... 11.E Cost of the Work ............................... 11.4-11." 4 Article or Paragraph Number CostRecords ....................................... 11.7 definition of .......................................... 1.9 emergencies ........................................ 6.23 ENGINEER's responsibility ......... 9.8, 10.4, 11.2, 12.1 execution of ........................................ 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 I Insurance, Bonds and ................... 5.10,5.13, 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions - Subsurface and . ..................................... 4.2 Underground Facilities ........................... 4.3.2 Record Documents ................................. 6.19 Scope of Change ............................... 10.3-10.4 Substitutes ................................... 6.7.3, 6.8.2 Unit Price Work .................................... 11.9 value of Work, covered by .......................... 11.3 - Changes in the Work .................................... 10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .............................. 10.2 Scope of change ............................... 10.3-10.4 Claims - against CONTRACTOR.............................6.16 against ENGINEER ................................ 6.32 against OWNER .................................... 6.32 Change of Contr-azt Price ....................... 9.4, 11.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8 , 15.1, 15.5 , 17.3 CONTRACTOR'S Fee .............................. 11.6 CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. 11.4, 11.5 Decisions on Disputes ......................... 9.11, 9.12 Dispute Resolution .................................. 16.1 Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Notice of ........................................... 17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ................................... 5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.11 J Substitute items .................................. 6.7.1.2 Time Extension ..................................... 12.1 Time requirements ............................ 9.11, 12.1 Unit Price Work .................................. 11.9.3 Valueof ............................................ 11.3 Waiver of -on Final Payment ................ 14.14, 14.15 Work Change Directive ............................. 10.2 written notice required ................... 9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 CleanSite ............................................ 6.17 Codes of Technical Society, Organization or Association ...................................... 3.3.3 Commencement of Contract Times ..................... 2.3 Communications - Article or Paragraph Number general .................................... 6 2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion - Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization .................................. 14.10 Substantial Completion ................... 1.38, 14.8-14.9 Waiver of Claims .................................. 14.15 Computation of Times ........................ 17.2.1-17.2 2 Concerning Subcontractors, Suppliers and Others ............................ 6.8-6.11 Conferences - initially acceptable schedules ......................... 2.9 preconstruction...................................... 2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report ..................... 2.5 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc . ............... 6.4 Continuing the Work ............................. 6.29, 10.4 Contract Documents - Amending........................................... 3.5 Bonds............................................... 5.1 CashAllowances ................................... 11.8 Change of Contract Price ............................. I 1 Change of Contract Times ............................ 12 Changes in the Work ........................... 10.4-10.5 check and verify ..................................... 2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of ........................................ 1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general ......................... .... 3 ................... Insurance ............................................ 53 Intent............................................ 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3, 14.4, 14.13 precedence .................................... 3.1.3.3.3 Record Documents ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work ........................................ 7.2 Reporting and Resolving Discrepancies ........... 2.5,3.3 Reuseof ............................................. 3.7 Supplementing ....................................... 3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work .................................... 11.9 variations ................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price - adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ............................................ I Decision on Disputes ............................... 9.11 definition of ........................................ 1.11 Contract Times - adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Change of ...................................... 12.1-12.4 Article or Paragraph Number Commencement of ................................... 2.3 definition of ........................................ 1.12 CONTRACTOR - Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work ............................ :... 6.29, 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR's- Compensation.................................. 11.1-11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report - Changes in the Work caused by Emergency ....................................... 6.23 Defects in Work of Others ......................... 7.3 Differing conditions ............................... 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies ........................................ 6.23 Equipment and Machinery Rental, Cost of the Work ................................... 11.4.5.3 Fee -Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment .................. 6.3".5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance ................................... 5.4 Notice of Intent to Appeal ..........:........... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities - Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee............................................... 6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal ..................................... 6.25 Coordination of Work .............................. 6.9.2 Emergencies ..................................... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items .......................... 6.7.3 Article or ParagraF Numb For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.'. for deductible amounts, insurance .................. 5 general ................................. 6, 7.2, 7.3, 8 Hazardous Communication Programs ............. 6.: Indemnification..............................6.31-6.: Labor, Materials and Equipment ................ 6.3-6 Laws and Regulations ............................ 6. Liability Insurance ................................. 5 Notice of variation from Contract Documents ..... 6.: Patent Fees and Royalties ......................... 6. Permits........................................... 6. Progress Schedule ................................. 6 Record Documents ............................... 6. related Work performed prior to ENGINEER's approval of required submittals ................. 6.: safe structural loading ............................ 6. Safety and Protection ................... 6.20, 7.2, 13 Safety Representative ............................. 6.: Scheduling the Work ............................. 6.9 Shop Drawings and Samples ...................... 6.: Shop Drawings and Samples Review by ENGINEER ................................ 6.: Site Cleanliness ................................... 6. Submittal Procedures ............................. 6.: Substitute Construction Methods and Procedures .................................... 6.7 Substitutes and "Or -Equal" Items ................ 6.7 Superintendence ................................... 6 Supervision ........................................ 6 Survival of Obligations ............................ 6.= Taxes............................................ 6. Tests and Inspections ............................. 13 ToReport ......................................... 2 Use of Premises .................... 6.16-6.18, 6.30.2 Review Prior to Shop Drawing or Sample Submittal .. 6.: Right to adjustment for changes in the Work ......... 10 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12. 13.9, 14.8, 15.1, 15.5, 17 Safety and Protection ................. 6.20-6.22, 7.2, 13 Safety Representative ............................... 6.: Shop Drawings and Samples Submittals ......... 6.24-6.: Special Consultants ............................... 11.4 Substitute Construction Methods and Procedures ..... 6 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7 Subcontractors, Suppliers and Others ............ 6.8-6. Supervision and Superintendence ........... 6.1, 6.2, 6.: Taxes, Payment by .................................. 6.i Use of Premises ................................ 6.16-6. Warranties and guarantees ...................... 6.30, 6 Warrantyof Title ................................... 14 Written Notice Required - CONTRACTOR stop Work or terminate ........... 15 Reports of Differing Subsurface and Physical Conc tions............................................. 4.2 Substantial Completion ........................... 14 CONTRACTORS -other ................................. Contractual Liability insurance ...................... 5.4.1 Contractual Time Limits .............................. 12. Coordination Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Copiesof Documents .................................. 2.2 :orrection Period .................................... 13.12 :orrection, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost - of Tests and Inspections ............................. 13.4 Records............................................ 11.7 Cost of the Work - Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts ................................... 11.4.2 CONTRACTOR's Fee .............................. 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to ....................................... 11.5 General ........................................ 11.4-11.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 ..................... Minor expenses ................................. 11.4.5.8 Payroll costs on changes .......................... 11.4.1 performed by S ubcontructors ...................... 11.4.3 Records............................................ 11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants, CONTRACTOR's ............ 11.4.4 Supplemental ..................................... 11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts .................................. 11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work ................................... 13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER ...................... 8.3 Day -definition of ................................... 17.2.2 Decisions on Disputes ........................... 9.11, 9.12 Aefective-definition of ................................ 1.14 defective Work - Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1, 13.11 J Correction Period .................................. 13.12 in general ................................. 13, 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting............................................ 9.6 Uncovering the Work ............................... 13.8 iDefinitions............................................... 1 Delays ................................. 4.1, 6.29, 12.3-12.4 Delivery of Bonds ...................................... 2.1 Delivery of certificates of insurance ..................... 2.7 Article or Faragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of .......................................... 4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution - Agreement ..................................... 16.1-16.6 Arbitration ..................................... 16.1-16.5 general ............................................... 16 Mediation .......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER .............. 9.11-9.12 Documents - Copiesof ............................................ 2.2 Record............................................. 6.19 Reuseof ............................................. 3.7 Drawings -definition of ............................... 1.15 Easements ............................................. 4.1 Effective date of Agreement -definition of ............. 1.16 Emergencies .......................................... 6.23 ENGINEER - as initial interpreter on disputes ................. 9.11-9.12 definition of ........................................ 1.17 Limitations on authority and responsibilities ................................. 9.13 Replacement of ...................................... 8.2 Resident Project Representative ...................... 9.3 ENGINEER's Consultant -definition of ............... 1.18 ENGINEER's- authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for .......... 9.7, 10, 11, 12 Clarifications and Interpretations ............... 3.6.3, 9.4 Decisions on Disputes .......................... 9.11-9.12 defective Work, notice of ........................... 13.1 Evaluation of Substitute Items ...................... 6.7.3 Liability ....................................... 6.32, 9.12 Notice Work is Acceptable ......................... 14.13 Observations ................................. 6.30.2, 9.2 OWNER's Representative ........................... 9.1 Payments to the CONTRACTOR, Responsibility for .............................. 9.9, 14 Recommendation of Payment .... ............ 14.4, 14.13 Responsibilities - Limitations on ........................ I...... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples, review responsibility ..................................... 6.26 Status During Construction - authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................ 9.11-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ............. 9.11-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ................................... 9.13 OWNER's Representative ......................... 9.1 ProjectRepresentative ........................:.... 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments .................................... 9.7-9.9 Visits to Site ...................................... 9.2 Unit Price Determinations ............................ 9.10 Visits to Site ......................................... 9.2 Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ................... 6.3-6.5 Equipment rental, Cost of the Work ................ 11.45.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions ................................... 633 Evidence- of Financial Arrangements ................... 8Al Explorations of physical conditions ................... 4.2.1 Fee, CONTRACTOR's-Costs-Plus ................... 11.6 Field Order - definition of ........................................ 1.19 issued by ENGINEER ......................... 3.6.1, 9.5 Final Application for Payment ........................ 14.12 Final Inspection ...................................... 14.11 Final Payment - and Acceptance .............................. 14.13-14.14 Prior to, for cash allowances ........................ 11.8 General Provisions ................................ 17.3-17.4 General Requirements- defintion of ......................................... 1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ......................................... 17.1 Guarantee of Work -by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ...................... 6.22 Hazardous Waste - definition of ........................................ 1.21 general .............................................. 4.5 OWNER's responsibility for ........................ 8.10 Indemnification ........................ 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules .......................... 2.9 Inspection - Certificates of ......................... 9.13.4, 13.5, 14.12 Final.............................................. 14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance - Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work ................................. 11.4.5.9 Before starting the Work ............................. 2.7 Bonds and -in general ................................. 5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4. 14.12 completed operations .............................. 5.4.13 CONTRACTOR's Liability ............. .............. 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts, CONTRACTOR's responsibility.................................... 5.9 Final Application for Payment .............:........ 14.12 Licensed Insurers .................................... 5.3 Notice requirements, material changes.................................. 5.8, 10.50 Option to Replace ...............:.................... 5.14 other special insurances ............................. 5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER s Liability .................................. 5.5 OWNER's Responsibility .......................:.... 8.5 Partial Utilization, Property Insurance ............... 535 Property........................................ 5.6-5.10 Receipt and'Application of Insurance Proceeds .. 5.12-5.13 Special Insurance ................................... 5.10 Waiver of Rights .................................... 5.11 Intent of Contract Documents ....................... 3.1-3.4 Interpretations and Clarifications ................. 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment .................... 6.3-6.5 Lands - and Easements ...................................... 8.4 Availability of ................................... 4.1, 8.4 Reports & Tests ..................................... 8.4 Laws and Regulations -Laws or Regulations - Bonds........................................... 5.1-5.2 Changes in the Work ................................ 10.4 Contract Documents .................................. 3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work, taxes ......................... 11.4.5.4 definition of ........................................ 1.22 general............................................. 6.14 Indemnification................................631-6.33 Insurance ............................................ 5.3 Precedence .................................... 3.1,3.3.3 Reference to ....................................... 3.3.1 Safety and Protection ........................... 6.209 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises .................................... 6.16 Visits to Site ......................................... 9.2 Liability Insurance- CONTRACTOR's.................................... 5.4 OWNER's........................................... 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens - Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 definition of ........................................ 1.23 Waiver of Claims .................................. 14.15 Limitations on ENGINEER's authority and responsibilities ..................................... 9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals= Final Application for Payment ...................... 14.12 Manuals (of others} -- Precedence ........................................ 3.3.3.1 Article or Paragraph Number Reference to in Contract Documents ................ 3.3.1 Materials and equipment - furnished by CONTRACTOR ........................ 6.3 not incorporated in Work ............................ 14.2 Materials or equipment --equivalent ..................... 6.7 _ Mediation (Optional) .................................. 16.7 Ailestones--definition of .............................. 1.24 ;Kiscellaneous- Computation of Times .............................. 17.2 1 Cumulative Remedies ............................... 17.4 Giving Notice ....................................... 17.1 Notice of Claim ..................................... 17.3 Professional Fees and Court Costs Included .......... 17.5 ;Multi -Prime contracts .................................... 7 Not Shown or Indicated .............................. 4.3.2 Notice of - Acceptability of Project ............................ 14.13 Award, definition of ................................. 1.25 Claim.............................................. 17.3 Defects. ................................... ......... 13.1 Differing Subsurface or Physical Conditions ..........4.2.3 Giving.............................................. 17.1 Tests and Inspections ............................... 13.3 Variation, Shop Drawing and Sample ................ 6.27 'Notice to Proceed - definition of ........................................ 116 givingof ............................................. 2.3 Notification to Surety ................................. 10.5 Observations, by ENGINEER .................... 6.30, 9.2 ,Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance ....................5.6.2 Option to Replace.....................................5.14 :"Or Equal" Items ...................................... 6.7 Otherwork .............................................. 7 'Overtime Work -prohibition of ......................... 6.3 OWNER - Acceptance of defective Work ....................... 13.13 appoint an ENGINEER .......... I ................... 8.2 as fiduciary .................................... 5.12-5.13 Availability of Lands, responsibility ................... 4.1 J definition of ........................................ 1.27 data, furnish ......................................... 8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ........................ 14.7 May Stop the Work ................................ 13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3, 14.4, 14.13 performance of other Work ........................... 7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements ............... 5.6-5.10 OWNER's- Acceptance of the Work ......................... 6.30.2.5 Change Orders, obligation to _ execute .................................... 8.6, 10.4 Communications ..................................... 8.1 Coordination of the Work ............................ 7.4 Disputes, request for decision ....................... 9.11 Article or Paragraph Number Inspections, tests and approvals ................. 8.7. 13.4 Liability Insurance ................................... 5.5 Notice of Defects ................................... 13.1 Representative -During Construction, ENGINEER's Status ............................ 9.1 Responsibilities - Asbestos, PCBs, Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 Change Orders .................................... 8.6 Changes in the Work .............................. 10.1 communications ................................... 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements ................ 8.11 inspections, tests and approvals .................... 8.7 Insurance ......................................... 8.5 lands and easements ............................... 8.4 prompt payment by ................................ 8.3 replacement of ENGINEER ....................... 8.2 reports and tests ................................... 8.4 stop or suspend Work .................. 8.8, 13.10, 15.1 terminate CONTRACTOR's services .......... 8.8, 15.2 separate representative at site ........................ 9.3 independent testing ................................. 13.4 use or occupancy of the Work .................................... 5.15, 14.10 written consent or approval required ............................... 9.1, 6.3, 11.4 written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs - definition of ........................................ 1.29 general.............................................. 4.5 OWNER's responsibility. for .............:........... 8.10 Partial Utilization - definition of ........................................ 1.28 general ................................... 6.30.2.4, 14.10 Property Insurance ................................. 5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds ..................................... 5.1-5.2 Payments, Recommendation of ............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments .................. 14.2 CONTRACTOR's Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 general........................................... 8.3, 14 Partial Utilization .................................. 14.10 Retainage........................................... 14.2 Review of Applications for Progress Payments .................................. 14.4-14.7 prompt payment ..................................... 8.3 Schedule of Values .................................. 14.1 Substantial Completion ......................... 14.8-14.9 Waiver of Claims .... •14.15 when payments due .......................14.4, 14.13 withholding payment ................................ 14.7 Performance Bonds ................................. 5.1-5.2 Permits............................................... 6.13 Article or Paragraph Number Petroleum - definition of ........................................ 1.30 general..................................:............ 4.5 OWNER's responsibility for :..:..................... 8.10 Physical Conditions - Drawings of, in or relating to .............. :...... 4.2,1.2 ENGINEER's review ............................... 4.2.4 existing structures .................................. 4.2.2 general ........................................... 4.2.1.2 Subsurface and ....................................... 4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or . .................. 4.2.3 Subsurface and ...................................... 4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized .................... 4.2.2 Underground Facilities - general.......................................... 4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3, 6.20 Shown or Indicated ............................ 4.3.1 Technical Data ..................................... 4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ...................................... 2 Preliminary Schedules .................................. 2.6 Premises, Use of ................................. 6.16.6.18 Price, Change of Contract ............................... 11 Price, Contract -definition of .......................... 1.11 Progress Payment, Applications for .................... 14.2 Progress payment-retainage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project -definition of ............................... . .. 1.31 Project Representative- ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident -definition of ...................................... 1.33 prompt payment by OWNER ........................... 8.3 Property Insurance Additional ........................................... 5.7 general .......................................... 5.6-5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds .................................. 5.12-5.13 Protection, Safety and ....................... 6.20.6.21, 13.2 Punchlist ............................................ 14.11 Radioactive Material- definition........................................... 1.32 general .................................... 4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining .................... 2.8 Reference Points ....................................... 4.4 Reference to Standards and Specifications of Technical Societies ................................ 3.3 Article or Paragraph Number Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work ............................... 9.6 Related Work - atSite ........................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............................ 17.4, 17.5 Removal or Correction of Defective Work .................................... 13.11 rental agreements, OWNER approval required ...................................... 11.4.5.3 replacement of ENGINEER, by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports - and Drawings ...................................... 4.2.1 and Tests, OWNER's responsibility .................. 8.4 Resident Project Representative - definition of ........................................ 1.33 provision for ......................................... 9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities- CONTRACTOR's-in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on .................................... 9.13 OWNER's-in general .................................. 8 Retainage............................................. 14.2 Reuse of Documents ................................... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments ...................................... 14.4-14.7 Right to an adjustment ................................ 10.2 Rights of Way .......................................... 4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 6.18 Safety - and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2. 13.2 general ........................................ 6.20-6.23 Representative, CONTRACTOR's ................... 6.21 Samples - definition of ........................................ 1.34 general ........................................ 6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work ........................................ 6.28 submittal of ....................................... 6.24.2 submittal procedures ................................. 6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6.6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules - Adherence to ..................................... 15.2.1 Adjusting............................................ 6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ................................ 2.8-2.9 Preliminary .......................................... 2.6 Scope of Changes .............................. 10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 10 Article or Paragraph Number :)p Drawings - and Samples, general ............................ 6.24-6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of ........................................ 1.35 ENGINEER's approval of ......................... 3.6.2 -ENGINEER's responsibility for review ............................... 9.7, 6.24-6.28 :elated Work ........................................ 6.28 review procedures ......................... 2.8, 6.24-6.28 'submittal required ................................. 6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated ................................... 4.3.1 ;,eAccess....................................... 7.2, 13.2 eCleanliness ....................................... 6.17 Site, Visits to - by ENGINEER ................................ 9.2, 13.2 byothers ........................................... 13.2 especial causes of loss" policy form, insurance ....... 5.6.2 Specifications- - definition of ........................................ 1.36 of Technical Societies, reference to ................. 3.3.1 precedence ........................................ 3.3.3 Standards and Specifications of Technical ' Societies .......................................... 3.3 arting Construction, Before ....................... 2.5-2.8 Starting the Work ...................................... 2.4 Stop or Suspend Work - by CONTRACTOR ................................. 15.5 ;by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 structural Loading, Safety ............................. 6.18 rbcontractor- )Concerning...................................... 6.8-6.11 definition of ........................................ 1.37 'delays .............................................. 12.3 waiver of rights ..................................... 6.11 bubcontractors-in general ........................ 6.8-6.11 Subcontracts -required provisions ........ 5.11, 6.11, 11.4.3 ubmittals- j Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures ......................................... 6.25 Progress Schedules .............................. 2.6, 2.9 Samples ....................................... 6.24-6.28 Schedule of Values ............................. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings ................................. 6.24-6.28 Substantial Completion - certification of ........................ 6.30.2.3, 14.8-14.9 definition of ........................................ 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 "Or -Equal" ........................................ 6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 IF Article or Paragraph Number Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions - Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general.............................................. 4.2 Limited Reliance by CONTRACTOR Authorized .................................... 4.2.2 Notice of Differing Subsurface or Physical Conditions ................................ 4.2.3 Physical Conditions ................................. 4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Drawings ................................ 4.2.1 Subsurface and ...................................... 4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data ..................................... 4.2.2 Supervision- CONTRACTOR's responsibility ...................... 6.1 OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2, 9.13.2 Superintendence ....................................... 6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs .................................. 11.4.5 Supplementary Conditions - definition of ........................................ 1.39 principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9. 10 Supplementing Contract Documents .................... 3.6 Supplier - definition of ........................................ 1.40 principal references to .................. 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights .................................... 6.11 Surety - consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of ................................... 5.1-5.3 Survival of Obligations ................................ 6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination- .................. 15 CONTRACTOR May Stop Work or Terminate ........................................ 15.5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate ....................... 15.2-15.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data - Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary construction facilities ........................ 4.1 Termination - by CONTRACTOR ................................. 15.5 by OWNER ............................... 8.8, 15.1-15.4 of ENGINEER's employment ........................ 8.2 Suspension of Work-in general ........................ 15 Terms and Adjectives .................................. 3.4 Tests and Inspections - Article or Paragraph Access to the Work, by others Number Article or pa, .. 13.2 CONTRAC OR's responsibilities Utilization, Partial 1 .................. cost of ... .. ...... . ' . • .............. 13.5 ..... .... ... 1.28, 5.15, 6.30, 2, Value of the Work .................. 13.4 covering Work prior to .. . Values, Schedule of ..... ................ Laws and Regulations (or) 13.6-13.7 V ariations in Work-;Kinor• . • . • • • ""' ' • 2.6, 2,8-2. Notice of Defects .... ' " "..... • • • • • • • • • 13.5 Authorized OWNER May Stop Work "" 13.1 . Visits of Site -by ENGINEER ............... 6,25, 6. OWNER's independent testing "" 13.10 Waiver of Claims -on Final """"' . special. required b ... 13.4 Y ENGINEER Payment ...... time) q ............... ynoticerc required ..... •••••9.6 Waiver ofRightsb "•••••••••••... Insured Uncovering the Work, at ENGINEER'S .. 13.4 parties ......, • . Warranty and Y Guarantee, General-b .. .....5.1 request . , . • • . ... CONTRA Y CONTRACTOR Times- 13.8-13.9 Warranty of Title, CON ...................... T��OR�s Adjusting ......... Work- .............. ... Change of Contract . 6.6 Access to Adjusting ......................................... 12 .... by others ..................... Computation of .............. 6.6 ........... Cha Changes in the .......... Contract Times ---definition 17.2 .................. ................. . Continuing the, of day ............... ............... 1.12 .."""""......••••••....17.72 .... CONTRACTOR• May Stop Work..................... Milestones or Terminate Requirements- • • ................ 12 ..,.. ............................. . Coordination of . appeals Cost of the ... clarifications, claims and .. .... .... 16 definition of .................................... 11.4- disputes ................ neglected by CONTRACTORt times commencement of contract .i m • � • •""' • • 9.11, 11.2, 12 other Work ................................. 1 reconst . . 2.3 �•��������•�'"" ' P ruction conference OWNER Mayto S ���•������''" " " " P Work . .............. .... 2.8 schedules OWNER May Suspend Work ....................... 1= .... starting the Work �•�����•�"""••. 2.6, 2.9, 6.6 Related, Work at Site """ 13.10, ........................... 2.4 Title. Warranty of Starting the .... 7.1 , Uncovering Works ................... ............... 14.3 Stopping by CONTRACTOR ........... Underground Facilities, Physical """" 13'$'13.9 Y Conditions- Stopping b 1. g Y OH'NER ...... " definition of " " 15.1- I _ Variation and deviation authorized, Not Shown or Indicated ............................. 1.41 minor ....................... Work Protection of .... �� ••""""......•••• 4.3.2 .....4.3 ............... Shown or Indicated 6,20 Change Directive-"""""' - claims pursuant to Unit Price Work- ..................... 4.3.1 ... . definition of ........................................ 1C claims ������•���"""""•••• 1• Principal references to „• . ................. Written Amendment - "'••• •• 3.5.3, 10.1-10 definition of '•••••••••••.. 11.9.3 general.............. " • • • • • • • ... 1.42 definition of ... ....... 11.9, 14.1. 14.5 Unit Prices- Principal references to ... 1.10, 3.5, 5 1.4 19 10 112•662, 68" general ... Written Clarifications 6. , 10 11.2.12 13 4, 1, 12.2, • � � . 11.3.1 ations and 14.7. � � � � � � • • � • """"' • • • • • • • • Determination for Interpretations .................................. Use of Premises .....................................1 .3.1 ................... 9 Utility """ • • • • • • • • • • • ... 6.16, 6. Written Notice Required- " "' 3.6.3, 9.4, .1 18, owners ......., 6.30.2.4 "'•••••••••..6.13,6.20,7.1-7.3, by CONTRACTOOR 13.2 ••••••..7.1,9.14-9.11, 10.4, 11.2, 12.: by OWNER......... •••••...... 9.10-9.11, 10.4, 11.2, 13.1= 12 GENERAL CONDMONS ARTICLE I —DEFINITIONS Wherever used in these General Conditions or in the other ontract Documents the following terms have the meanings idicated which art applicable to both the singular and plural tereof: I.I. Addenda —Written or graphic instruments issued prior I the -opening of Bids' which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER 1rd CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made - ? part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting 11rogress or final payments and which is to be accompanied by ,uch supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one tercent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the 1Jnited States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be rrformed. 1.6. Bidding Documents The advertisement or invitation ,a Bid, instructions to bidders, the Bid form, and the proposed :ontract Documents (including all Addenda issued prior to - receipt of Bids). 1.7. Bidding Requirements The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other nstruments of security. 1.9. Change Order —A document recommended by ENGI- '1EER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. • Contract Documents The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's 'aid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of -Award) when attached as an exhibit to the .Agreement, the Notice to Proceed, the Bonds, these General Conditions, the supplementary Conditions, the Specifications and the Draw- ngs as the same are more specifically identified in the Agree- ment, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or -corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 13 1.20. General Requirements —Sections of Division I oft he Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. laws and Regulations, Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice toProceed—A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by. OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authc representative of ENGINEER who may be assigned to th or any part thereof. 1.34. Samples —Physical examples of materials,equipr. or workmanship that are representative of some portion c Work and which establish the standards by which such po of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illu: tions, schedules and other data or information which specifically prepared or assembled by or for CONTRACT and submitted by CONTRACTOR to illustrate some portic the Work. 1.36. Specifications —Those portions of the Contract L uments consisting of written technical descriptions of mat als, equipment, construction systems, standards and workrr- ship as applied to the Work and certain administrative det applicable thereto. 1.37. Subcontractor —An individual, firm or corporat having a direct contract with CONTRACTOR or with other Subcontractor for the performance of a part of the W at the site. 1.38. Substantial Completion —'lire Work (or a speciF, Part thereof) has progressed to the point where, in the opini of ENGINEER as evidenced by ENGINEER's definiti certificate of Substantial Completion, it is sufficiently cot plete, in accordance with the Contract Documents, so that t Work (or specified part) can be utilized for the purposes f which it is intended, or if no such certificate is issued, when t. Work is complete and ready for final payment as evidenced I ENGINEER's written recommendation of final payment accordance with paragraph 14.13. The terms "substantial. complete" and "substantially completed" as applied to all c part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contrac Documents which amends or supplements these General Cor. ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis tributor, materialman or vendor having a direct contract witl CONTRACTOR or with any Subcontractor to furnish materi als or equipment to be incorporated in the Work by CON TRACTOR or any Subcontractor. 1.41. Undergroundfacilities—All pipelines; conduits, ducts. cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 14 1.43. Work —The entire completed construction or the var- �,us separately identifiable parts thereof required to be fur- .Jshed under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and icorporating materials and equipment into the construction, nd performing or furnishing services and furnishing docu- ments. all as required by the Contract Documents. 1 1.44. Work Change Directive —A written directive to CON- RACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by - `?NGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- ,ions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Nork Change Directive will not change the Contract Price or he Contract Times, but is evidence that the panics expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if ,►ny, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than >trictly construction -related aspects of the Contract Docu- ments. j ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to iOWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. ;Copies of Documents: J 2.2. OWNER shall furnish to CONTRACTOR up to ten -,copies (unless otherwise specified in the Supplementary Con- iditions) of the Contract Documents as are reasonably neces- _ isary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of 'reproduction. __ 'Commencement of Contract Times; Notice to Proceed 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement. or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Tunes commence to run. Before Storting Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstrwdon Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference 15 attended by -CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptabk Schedules. 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall issued by ENGINEER as provided in paragraph 9.4. 33. Reference to Standards and Spec*adons of Technical Societies; Reporting and Resolving Discrepancies: • - , . 3.3.1. Reference to standards, specifications, manuals codes of any technical society, organization or associatio or to the Laws or Regulations of any governmental authorit whether such reference be, specific or. by implication, sh: mean the latest standard, specification, manual, code Laws or Regulations in effect at the time of opening of Bi (or, on the Effective Date of the Agreement if there were r Bids), except as may be otherwise specifically stated in t: Contract Documents. 3.3.2. If, during the performance of the Work, COT TRACTOR discovers any conflict, error, ambiguity or di crepancy within the Contract Documents or between tl Contract Documents and any provision of any such Law, Regulation applicable to the performance of the Work or any such standard, specification, manual or code or of at instruction of any Supplier referred to in paragraph 6. CONTRACTOR shall report it to ENGINEER in writing once, and, CONTRACTOR shall not proceed with the Wo; affected thereby (except in an emergency as authorized t paragraph 6.23) until an amendment or supplement to ti Contract Documents has been issued by one of the methoc indicated in paragraph 3.5 or 3.6; provided, however, th; CONTRACTOR shall not be liable to OWNER or ENG NEER for failure to report any such conflict, error, ambigc ity or discrepancy unless CONTRACTOR knew or reason ably should have known thereof. 3.3.3. Except as otherwise specifically stated in & Contract Documents or as may be provided by amendme! or supplement thereto issued by one of the methods ind sated in paragraph 3.5 or 3.6, the provisions of the Contrac Documents shall take precedence in resolving any conflic error, ambiguity or discrepancy between the provisions c the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual code or instruction shall be effective to change the duties an( responsibilities ofOWNER. CONTRACTOR or ENGINEER or any of their subcontractors, consultants, agents, or em ployees from those set forth in the Contract Documents, no shall it be effective to assign to OWNER. ENGINEER o any of ENGINEER's Consultants, agents or employees an; duty or authority to supervise or direct the furnishing o 16 performance of the Work or any duty or authority to under- ake responsibility inconsistent with the provisions of para- graph 9.13 or. any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as k, tiered, ' "as directed," "as required," "as allowed," "as approved" or terms of like effect or import are used, or the 'iectives"reasonable; "'suitable, "'acceptable," "proper" "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such auirement, direction, review or judgment will be solely to aluate, in general, the completed Work for compliance with the requirements of and information in the Contract nocuments and conformance with the design concept of the mpleted Project as a functioning whole as shown or dicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such rm or adjective shall not be effective to assign to ENGI- EER any duty or authority to supervise or direct the L„rnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- bns of paragraph 9.13 or any other provision of the ,ontract Documents. intending and Supplementing Conhu t Documents. 3.5. The Contract Documents may be amended to provide `fir additions, deletions and revisions in the Work or to modify 1e term- and conditions thereof in one or more of the following „ days: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to e paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- - ions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: _J 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Amicability of lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles i I and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 17 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any cl;:im against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENCINEE'R's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If EN NEER concludes that a change in the Contract Document required as a result of a condition that meets one or more of categories in paragraph 4.2.3., a Work Change Directive c Change Order will be issued as provided in Article 10 to ref. and document the consequences.of such change. 4.2.6. Possible Price and Times Adjustments: An equita adjustment in the Contract Price or in the Contract Times. both, will be allowed to the -extent that the existence of st uncovered or revealed condition causes an increase or crease in CONTRACTOR's cost of, or time required performance of, the Work; subject, however, to the followi 4.2.6.1. such condition must meet anyone or more of i categories described in paragraphs 4.2.3.1 through 4.2.3 inclusive; 4.2.6.2. a change in the Contract Documents pursuant paragraph 4.25 will not be an automatic authorization of r a condition precedent to entitlement to any such adjustme. 4.2.6.3. with respect to Work that is paid for on a U Price Basis, any adjustment in Contract Price will be subjt to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to at adjustment in the Contract Price or Tunes if, 4.2.6.4.1. CONTRACTOR knew of the existence such conditions at the time CONTRACTOR made a fin commitment to OWNER in respect of Contract Price ar Contract Times by the submission of a bid or becon& bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could re: sonably have been discovered or revealed as a result any examination, investigation, exploration, test or stuc of the site and contiguous arras required by the Biddir Requirements or Contract Documents to be conducted t or for CONTRACTOR prior to CONTRACTOR's makin such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the writte: notice within the time and as required by paragraph 4.2.= If OWNER and CONTRACTOR are unable to agree o entitlement to or as to the amount or length of any suc: equitable adjustment in the Contract Price or Contract Times a claim may be made therefor as provided in Articles 11 and 12 However, OWNER, ENGINEER and ENGINEER's Consult ants shall not be liable to CONTRACTOR for any claims costs, losses or damages sustained by CONTRACTOR on or it connection with any other project or anticipated project. 4.3. Physical Conditions --Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based or. 18 information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.LI. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, (irk locating all Underground Facilities shown or indicated in the Contract Documents, (iu-) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility 1 is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 19 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. ' OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles 1 I and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles Il and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors. ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Cerq#cates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jur. diction in which the Project is located to issue Bonds , insurance policies for the limits and coverages so require. Such surety and insurance companies shall also meet suc additional requirements and qualifications as may be prc vided in the Supplementary. Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, wit copies to each additional insured identified in the Supplt mentary Conditions, certificates of insurance (and otht evidence of insurance requested by OWNER or any oche additional insured) which CONTRACTOR is required t purchase and maintain in accordance with paragraph 5. OWNER shall deliver to CONTRACTOR, with copies t each additional insured identified in the Supplementar Conditions, certificates of insurance (and other evidence c insurance requested by CONTRACTOR or any other addi tional insured) which OWNER is required to purchase an( maintain in accordance with paragraphs 5.6 and 5.7 hereof CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain suct liability and other insurance as is appropriate for the Worl, being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 20 The policies of insurance so required by this paragraph 5.4 to 1! purchased and maintained shall: ' - - 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as �additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering 1, CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the 1, coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- j vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing -or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to the insurance required to be provided by JCONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. ;Perry Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 21 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, -ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework 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 perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for ftyment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to. whom a certificate of insurance has been issued. 5.1. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed is an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditionsto be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for. 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money sc received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insunznce, Opdon to Replace: 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7.OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was 22 required to provide such coverage, and a Change Order shall - issued to adjust the Contract Price accordingly. partial Uatilization—Property Insurance: 5.15. If OWNER finds it necessary to occupy or,use a portion or portions of the Work prior to Substantial Completion --Tall the Work, such use or occupancy may be accomplished in ,cordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the oroperty insurance have acknowledged notice thereof and in rriting effected any changes in coverage necessitated thereby. be insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- --nce shall not be cancelled or permitted to lapse on account of y such partial use or occupancy. 1 ,kRTICLE 6—CONTRACTOR'S RESPONSIBILITIES .supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the York competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be *necessary to perform the Work in accordance with the Con- ract Documents. CONTRACTOR shall be solely responsible !or the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible `or the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The 7uuperinntendent will be CONTRACTOR's representative at the ,site and shall have authority to act on behalf of CONTRAC- `'TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. I Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools. appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 23 Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: : 6.7,1.1. "Or -Equal": if in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be requ . ed, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. ' Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item: CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. C6NTRAC7I)R's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required the Contract Documents, CONTRACTOR may furnish utilize a substitute means, method, technique, sequence procedure of construction acceptable to ENGINEER. CO: TRACTOR shall submit sufficient information to allow ENC NEER, in ENGINEER's sole discretion, to determine that t substitute proposed is equivalent to that expressly called for the Contract Documents. The procedure for review by ENC NEER will be similar to that provided in subparagraph 6.7.1. 6.7.3. Engineer's Evaluation: ENGINEER will be allow• a reasonable time within which to evaluate each proposal submittal made pursuant to paragraphs 6.7.1.2 and 6.7. ENGINEER will be the sole judge of acceptability. No "c equal" or substitute will be ordered, installed or utiliz. without ENGINEER's prior written acceptance which will evidenced by either a Change Order or an approved Shc Drawing. OWNER may require CONTRACTOR to furnish CONTRACTOR's expense a special performance guarantee other surety with respect to any "or -equal" or substitut ENGINEER will record time required by ENGINEER at ENGINEER's Consultants in evaluating substitutes propos: orsubmitted by CONTRACTOR pursuant to paragraphs 6.7.1 and 6.7.2 and in making changes in the Contract Documents ( in the provisions of any other direct contract with OWNER f work on the Project) occasioned thereby. Whether or n ENGINEER accepts a substitute item so proposed or subm: ted by CONTRACTOR, CONTRACTOR shall reimbur: OWNER for the charges of ENGINEER and ENGINEER Consultants for evaluating each such proposed substitute iter: Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subco: tractor, Supplier or other person or organization (includir those acceptable to OWNER and ENGINEER as indicate in paragraph 6.8.2), whether initially or as a substitute against whom OWNER or ENGINEER may have reasoi able objection. CONTRACTOR shall not be required t employ any Subcontractor, Supplier or other person c organization to furnish or perform any of the Work again: whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the ider tity of certain Subcontractors, Suppliers or other persons c organizations (including those who are to furnish the princ pal items of materials or equipment) to be submitted t OWNER in advance of the specified date prior to th Effective Date of the Agreement for acceptance by OWNEi and ENGINEER, and if CONTRACTOR has submitted list thereof in accordance with the Supplementary Con& tions, OWNER's or ENGINEER's acceptance (either i writing or by failing to make written objection thereto by th date indicated for acceptance or objection in the biddin documents or the Contract Documents) of any such Subcon tractor, Supplier or other person or organization so identifec may be revoked on the basis of reasonable objection afte due investigation, in which case CONTRACTOR shall sub mit an acceptable substitute, the Contract Price will bt adjusted by the difference in the cost occasioned by suet 24 substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due j any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and 1 Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to corrmuni- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any ,specific trade. 6.11. A11 Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER. CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER. ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 25 Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neitherOWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work; these record documents, Samples and Shop Dr-, ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiati maintaining and supervising aft safety precautions and p grams in connection with the Work. CONTRACTOR shall t� all necessary precautions for the safety of, and shall prov the necessary protection to prevent damage, injury or loss 6.20.1. - • all persons on the Work site or who may affected by the Work; 6.20.2. all the Work and materials and equipment to incorporated therein, whether in storage on or off the si and 6.20.3. other property at the site or adjacent there! including trees, shrubs, lawns, walks, pavements, roadwa, structures, utilities and Underground Facilities not des nated for removal, relocation or replacement in the course construction. CONTRACTOR shall comply with all applicable Laws a. Regulations of any public body having jurisdiction for safety persons or property or to protect them from damage, injury loss; and shall erect and maintain all necessary safeguards f such safety and protection. CONTRACTOR shall notify ow ers of adjacent property and of Underground Facilities ai utility owners when prosecution of the Work may affect ther and shall cooperate with them in the protection, removr relocation and replacement of their property. All damag injury or loss to any property referred to in paragraph 6.20.2 6.20.3 caused, directly or indirectly, in whole or in part, I CONTRACTOR, any Subcontractor, Supplier or any oth person or organization directly or indirectly employed by ar of them to perform or furnish any of the Work or anyone f, whose acts any of them may be liable, shall be remedied t CONTRACTOR (except damage or loss attributable to 0 fault of Drawings or Specifications or to the acts or omis.,zor of OWNER or ENGINEER or ENGINEER's Consultant c anyone employed by any of them or anyone for whose acts an of them may be liable, and not attributable, directly or ind rectly, in whole or in part, to the fault or negligence c CONTRACTOR or any Subcontractor, Supplier or other pe. son or organization directly or indirectly employed by any ( them). CONTRACTOR's duties and responsibilities for safet and for protection of the Work shall continue until such time Z. all the Work is completed and ENGINEER has issued a notic to OWNER and CONTRACTOR in accordance with par, graph 14.13 that the Work is acceptable (except as otherwis expressly provided in connection with Substantial Compk tion). Safety Representadye: 6.21. CONTRACTOR shall designate a qualified and expe rienced safety representative at the site whose duties anc 26 responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 7 6.24. Shop Drawings and Samples: 6.24. L CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submind Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 27 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2.. all information relative to CONTRAC,'TOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents'and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by Paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or Postponed pend- ing resolution of any disputes or disagreements, except as Permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CON RACT OR's General Worr,anty end Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30-1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONT'RACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure do so; 6.30.2.6. any review and approval of a Shop Drawl, or Sample submittal or the issuance of a notice of accep ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; c 6.30.2.8. any correction of defective Work by OWNEF Indemnifreadon: 6.31. To the fullest extent permitted by Laws and Reguls Lions, CONTRACTOR shall indemnify and hold harmles OWNER, ENGINEER, ENGINEER's Consultants and th officers, directors, employees, agents and other consultants c each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charge - of engineers, architects, attorneys and other professionals any all court or arbitration or other dispute resolution costs) causeL by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or tc injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and 00 is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations; 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with 28 - ithe Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. 1 ARTICLE 7--OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the a project at the site by OWNER-s own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by -utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance J will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. J 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work t'.!at may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change .Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 29 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction orthe safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9—ENGINEER'S STATUS DURING . CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. visits to site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR'S executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. C(arifrcadons and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, whict shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications anc interpretations will be binding on OWNER and CONTRAC TOR. if OWNER or CONTRACTOR believes that a writter clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER o CONTRACTOR may make a written claim therefor as pro vided in Article I 1 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in th Work from the requirements of the Contract Documents whit do not involve an adjustment in the Contract Price or th Contract Times and are compatible with the design concept c the completed Project as a functioning whole as indicated b the Contract Documents. These may be accomplished by Field Order and will be binding on OWNER and also c CONTRACTOR who shall perform the Work involved promptl If OWNER or CONTRACTOR believes that a Field Ordt justifies an adjustment in the Contract Price or the Contras Times and the parties are unable to agree as to the amount c extent thereof, OWNER or CONTRACTOR may make written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove reject Work which ENGINEER believes to be defective, 30 that ENGINEER believes will not produce a completed Project ,at conforms to the Contract Documents or that will prejudice ..re integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ".NGINEER will also have authority to require special inspec- on or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. l jhop Drawings, Change Orders and Payments: 1 9.7. In connection with ENGINEER's authority as to ,'hop Drawings and Samples, see paragraphs 6.24 through 6.28 ,nclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to 4pplications for Payment, see Article 14. J Determinations for Unit Prices: � 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TDR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CCONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to ,the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from JENGINEER's decision is taken within the time limits and in accordance with. the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement;" entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. , Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles I I and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 31 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. llmitadons on ENG&EER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR'S means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishingor performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 1 I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and . 10.4.3., changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the -progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I —CHANGE OF CONTRACT PRICE II.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such -occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will 32 be valid if not submitted in accordance with this paragraph 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities- of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). J Cost of the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the prcper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation*, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cbst of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required'in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 1 L4.3. ' Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any. will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be, subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof ---all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 33 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR,' 'any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 115.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments.. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRA( TOR, any Subcontractor, or anyone directly or ind rectly employed by any of them or for whose acts ar. of them may be liable, including but not limited to, tf correction -of defective Work, disposal of materials ( equipment wrongly supplied and making good ar. damage to property. Other overhead or general expense costs of any kin and the costs of any item not specifically and express: included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRA( TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fe based on the following • percentages of the varioL portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4 and 11.4.2, the CONTRACTOR's fee shall be fiftee percent; 11.6.2.2. for costs incurred under paragraph 11.4.: the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts ar on the basis of Cost of the Work plus a fee and no fixed fe is agreed upon, the intent of paragraphs 11.4.1, 11.4.: 11.4.3 and 11.6.2 is that the Subcontractor who actual) performs or furnishes the Work, at whatever tier, will b paid a fee of fifteen percent of the costs incurred by suc Subcontractor under paragraphs 11.4.1 and 11.4.2 and the any higher tier Subcontractor and CONTRACTOR wi each be paid a fee of five percent of the amount paid to th next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of cost itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON TRACTOR to OWNER for any change which results in net decrease in cost will be the amount of the actual ne decrease in cost plus a deduction in CONTRACTOR's fe by an amount equal to five percent of such net decrease and 11.6.2.6. when both additions and credits are involve( in any one change, the adjustment in CONTRACTOR' fee shall be computed on the basis of the net change i accordance with paragraphs 11.6.2.1 through 11.6.2.5 inclusive. 11.7. Whenever the cost of any Work is to be determine( pursuant to paragraphs 11.4 and 11.5, CONTRACTOR wii establish and maintain records thereof in accordance wit) generally accepted accounting practices and submit in fom acceptable to ENGINEER an itemized cost breakdown to gether with supporting data. 34 C- # Allowances: ,JI1.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract I—'cuments and shall cause 'the Work so covered to be fur- r 'hed and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- [OR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit "ind other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. ,Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual r-nounts due CONTRACTOR on account of Work covered by owances, and the Contract Price shall be correspondingly —Dusted. 1 .9. Unit Price Work. 11.9.1. Where the Contract Documents provide that all for part of the Work is to be Unit Price Work, initially the jContract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit ,price for each separately identified item of Unit Price Work 'times the estimated quantity of each item as indicated in the JAgreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of ) comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- ' tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claimannd stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Tunes (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) 35 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws, or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected,' tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrar ing and obtaining and shall pay all costs in connection with a: inspections, tests or approvals required for OWNER's ar ENGINEER's acceptance of materials or equipment to incorporated in the Work, or of materials, mix designs, equipment submitted for approval prior to CONTRACTOF purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to inspected, tested or approved is covered by CONTRACM without written concurrence of ENGINEER, it must, if r quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 sh: be at CONTRACTOR's expense unless CONTRACTOR h given ENGINEER timely notice of CONTRACTOR's inte tion to cover the same and ENGINEER has not acted wi reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written reque of ENGINEER, it must, if requested by ENGINEER, uncovered for ENGINEER's observation and replaced CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisab that covered Work be observed by ENGINEER or inspect: or tested by others, CONTRACTOR, at ENGINEER's r quest, shall uncover, expose onotherwise make available f observation, inspection or testing as ENGINEER may requir that portion of the Work in question, furnishing all necessa labor, material and equipment. If it is found that such Work defective, CONTRACTOR shall pay all claims, costs, loss and damages caused by, arising out of or resulting from sm uncovering, exposure, observation, inspection and testing ar of satisfactory replacement or reconstruction (including but n limited to all costs of repair or replacement of work of other: and OWNER shall be entitled to an appropriate decrease in t! Contract Price, and, if the parties are unable to agree as to t! amount thereof, may make a claim therefor as provided Article 11. If, however, such Work is not found to be defectiv CONTRACTOR shall be allowed an increase in the Contra Price or an extension of the Contract Times (or Milestones), both, directly attributable to such uncovering, exposure, o servation, inspection, testing, replacement and reconstructio and, if the parties are unable to agree as to the amount or exte thereof, CONTRACTOR may make a claim therefor as pr vided in Articles 11 and 12. OWNER May Stop the Work 13.10. If the Work is defective, or CONTRACTOR fails supply sufficient skilled workers or suitable materials or equi; ment, or fails to furnish or perform the Work in such a way the the completed Work will conform to the Contract Document OWNER may order CONTRACTOR to stop the Work, or an portion thereof, until the cause for such order has bee eliminated; however, this right of OWNER to stop the Woi 36 shall not give rise to any Auty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Corrrctwn or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall - l promptly, as directed, either correct all defective Work, whether i or not fabricated, installed or completed, or; if. the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall j pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 113.112. Conrcdon Period.• 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, - and 60 satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply J with the terns of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) refers to accept it, OWNER may do so. CONTRACTOR shall Pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work 13,14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession, of all or pan of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Titte: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend paymcat. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEEWs responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or 00 that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER tc withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques. sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work ir. accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it woulc be incorrect to make the representations to OWNER referrec to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests nullify any such payment previously recommended, to sucf extent as may be necessary in ENGINEER's opinion tc protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, - - 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragrapl- 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraph: 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amoun recommended by ENGINEER because: 14.7.5. claims have been made against OWNER or account of CONTRACTORs performance or furnishing o the Work, 38 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, —� 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur-rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; I but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN- ER's satisfaction the reasons for such action. iubsuuuial Compledon: 14.8. When CONTRACTOR considers the enure Work eady for its intended use CONTRACTOR shall notify OWNER ..nd ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- 'OR as incomplete) and request that ENGINEER issue a ertificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of ompletion. If ENGINEER does not consider the Work sub- tantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and :liver to OWNER a tentative certificate of Substantial Com- letion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items be completed or corrected before final payment. OWNER call have seven days after receipt of the tentative certificate .uring which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after )nsidering such objections, ENGINEER concludes that the fork is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons erefor. If, after consideration of OWNER's objections, EN- 1NEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to ^WNER and CONTRACTOR a definitive certificate of Sub- antial Completion (with a revised tentative list of items to be - impleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after nsideration of any objections from OWNER. At the time of livery of the tentative certificate of Substantial Completion r:r'(GiNEER will -deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- final payment between OWNER and CONTRACTOR with :pect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 39 ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. ParzW Udlizaa n: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (it) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the Provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Find Application for Payment. 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final. Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Workforwhich OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Find Payment and Acceptance: 14.13. If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate forth and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, fina pletion of the Work is significantly delayed and if ENGF so confirms, OWNER shall, upon receipt of CONTRAC final Application for Payment and recommendation of : NEER, and without terminating the Agreement, mak ment of the balance due for that portion of the Wor completed and accepted. If the remaining balance to be I OWNER for Work not fully completed or corrected is le: the retainage stipulated in the Agreement, and if Bond been furnished as required in paragraph 5.1, the writte sent of the surety to the payment of the balance due f portion of the Work fully completed and accepted sl submitted by CONTRACTOR to ENGINEER with the cation for such payment. Such payment shall be made the terms and conditions governing final payment, exce it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payme constitute: 14.15.1. a waiver of all claims by OWNER . CONTRACTOR, except claims arising from unsettled from defective Work appearing after final inspection ant to paragraph 14.11, from failure to comply w Contract Documents or the terms of any special guar specified therein, or from CONTRACTOR's continu: ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR OWNER other than those previously made in writi: still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work. 15.1. At any time and without cause, OWNER mz pend the Work or any portion thereof for a period of nc than ninety days by notice in writing to CONTRACTC ENGINEER which will fix the date on which Work resumed. CONTRACTOR shall resume the Work on tf so fixed. CONTRACTOR shall be allowed an adjustmen Contract Price or an extension of the Contract Times, o directly attributable to any such suspension if CONTRA. makes an approved claim therefor as provided in Arti; and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more following events: 40 15.2.1. if CONTRACTOR persistently fails to perform 1the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- ,tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of 1ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; t VNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- t-� by Laws and Regulations, terminate the services of ( )NTRACTOR, exclude CONTRACTOR from the site and t.ke possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at f site and use the same to the full extent they could be used I CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER t i, paid CONTRACTOR but which are stored elsewhere, a ,i finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive 2 , further payment until the Work is finished. If the unpaid I ance of the Contract Price exceeds all claims, costs, lubses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid t CONTRACTOR. If such claims, costs, losses and dam- a- is exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- P ER as to their reasonableness and when so approved by E.GINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph C"INER shall not be required to obtain the lowest price for ti Work performed. 1,5.3. Where CONTRACTOR's services have been so ter- n ated by OWNER, the termination will not affect any rights o emedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of rr---ieys due CONTRACTOR by OWNER will not release C NTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR au ' ENGINEER, OWNER may, without cause and without p: rudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): -i 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- "ve date of termination, including fair and reasonable sums )r overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE I6—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12. OWNER and CONTRACTOR may exercise 41 such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents reg6ires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computadon of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. if the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the appiicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Nodce of Ckim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employs or agents or others for whose acts the other party is lega liable, claim will be made in writing to the other party withi: reasonable time of the first observance of such injury damage. The provisions of this paragraph 17.3 shall not construed as a substitute for or a waiver of the provisions any applicable statute of limitations or repose. Cumuladve Remedies: 17.4. The duties and obligations imposed by these Gene Conditions and the rights and remedies available hereunder the parties hereto, and, in particular but without limitation, wan -antics, guarantees and obligations imposed upon CC TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 12 13.12, 13.14, 14.3 and 15.2 and all of the rights and remed available to OWNER and ENGINEER thereunder, are addition to, and are not to be construed in any way a: limitation of, any rights and remedies available to any or al: them which are otherwise imposed or available by Laws Regulations, by special warranty or guarantee or by ot. provisions of the Contract Documents, and the provisions this paragraph will be as effective as if repeated specifically the Contract Documents in connection with each particL duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, los: and damages," it shall include in each case, but not be limi to, all fees and charges of engineers, architects, attorneys other professionals and all court or arbitration or other disp- resolution costs. ['lire remainder of this page was left blank intentionally.] 42 SECTION 00800 SUPPLEMENTARY CONDITIONS REFERENCE DOCUMENT A. These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC) No.1910-8, 1990 Edition and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. Paragraph numbers in these Supplementary Conditions correspond to the paragraph numbers in the General Conditions, except with the designation "SC". SC-1 DEFINITIONS The terms used in the Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC) No. 1910-8, 1990 Edition, have the meanings assigned to them in the General Conditions. In addition to the provisions of Article 1, the following supplemental definitions apply. SC 1.17 Delete this definition. All references to Engineer in these General Conditions shall be changed to Owner or their duly authorized representative. SC 1.27 "OWNER" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized represenatives. Address -City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701. SC-1.46 Additional Definitions Add the following definitions to Article 1 of the General Conditions 1.46 "Surety" or "Sureties" shall mean the bondsmen or parry or parties who have made the fulfillment of the Contract Bonds, and whose signatures are attached to such Bonds. 1.47 "Advertisement" shall mean the legal publications pertaining to the Work of this Contract. 1.48 "Plans" shall mean, collectively, all the drawings pertaining to the Contract and made a part thereof, and also such supplementary drawings as the Owner may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the Work as authorized under the General Requirements, or for the showing of details which City of Fayetteville 00800-1 March 1997 are not shown thereon. SC-2.2 Copies of Documents Delete paragraph 2.2 of the General Conditions in its entirety and insert the following in its place. - 2.2 OWNER shall furnish to CONTRACTOR six bound copies of the Agreement and other Contract Documents, the Bond or Bonds properly executed. CONTRACTOR shall execute the Agreement and submit all copies to the OWNER for execution. The date of Contract on the Agreement, Bond Forms, and Power of Attorney shall be left blank for filling in by OWNER. These documents will be dated the date the OWNER executes Contract. OWNER shall furnish to CONTRACTOR up to four (4) copies of of the Contract Documents as are reasonably necessary for the execution of the WORK. Additional copies will be furnished, upon request, at cost of reproduction SC-2.7 Furnishing of Insurance Data Delete all references to OWNER supplied and OWNER delivered insurance. SC-5.3.2 Insurance Certificates Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to CONTRACTOR.....") in its entirety. SC-5.4 Contractor's Liability Insurance The limits for liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers Compensation, etc. under paragraphs 5.4.1 and 5.4.2 of General Conditions: 1) State: 2)Applicable Federal: 3)Employer's Liability: Statutory Statutory $100,000.00 each occurrence Comprehensive General Liability Insurance, under paragraphs 5.4.3 through 5.4.5 of the General Conditions: $1,000,000.00 Combined Single Limit City of Fayetteville 00800-2 March 1997 Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form Contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability under paragraph 5.4.6 of the General Conditions: (1) Bodily Injury $1,000,000.00 $2,000,000.00 (2) Property Damage $500,000.00 or Each Person Each Occurrence Each occurrence A combined single limit of $2,000,000.00 SC-5.4.7 Additional Insureds Additional insureds with respect to insurance required by paragraph 5.4 of the General Conditions shall include: City of Fayetteville, Arkansas (OWNER). SC-5.4.11 Notice of Cancellation of Liability Insurance Add the following language at the end of paragraph 5.4.11 of the General Conditions: "Any wording such as "will endeavor" or "but failure to mail such notice shall impose no liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance certificates." SC-5. Owner's Liability Insurance Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: 5.5 Owner's Contingent Protective Liability Insurance. CONTRACTOR shall indemnify and hold harmless OWNER and their agents and employees from and against all losse and claims, demands, payments, suits, actions, recoveries, judgements of every nature and description brought or recovered against City of Fayetteville 00800-3 March 1997 them by reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor(s), Supplier(s), anyone directly of indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the WORK, or guarding of it. CONTRACTOR shall obtain in the name of the OWNER and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect OWNER from contingent liability under this CONTRACT. SC-5.6 Property Insurance Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5.6 Property Insurance. CONTRACTOR shall purchase and maintain, until final payment, property insurance upon the WORK at the site to the full insurable value thereof (subject to deductible amounts as may be provided in the SUPPLEMENTARY CONDITIONS or required by Laws and Regulations) but not less than an amount equal to the bid price, This insurance shall include the interest of the OWNER, CONTRACTOR, Subcontractors, in the WORK(all of whom shall be listed as insured or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and shall include damages, losses, and expenses arising out of or resulting from any insured loss incurred in the repair or replacement of any insured property (including all fees and charges paid to attorneys and other professionals),If not covered under the "all risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the WORK stored on and off the site or in transit when such portions of the WORK are to be included in an application for payment. The policies of insurance required to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.6 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice jas been given the OWNER by certified mail and will contain waver provisions in accordance with GENERAL CONDITIONS paragraph 5.11.2. SC-5.7 Other Insurance Delete paragraph 5.7 of the GENERAL CONDITIONS in its entirety and insert the following in its place: 5.7 Other Insurance. CONTRACTOR is to protect OWNER against all loss during the course of the contract. If, due to the nature of the PROJECT, insurance coverage other City of Fayetteville 00800-4 March 1997 SC-5.8 than that specified is needed by CONTRACTOR to protect OWNER against all losses, CONTRACTOR shall be responsible for the determination of and procurement of any additional insurance needed. Notice of Cancellation of Property Insurance Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to OWNER. All policies will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company...." shall be deleted from the policies and certificates. SC-5.10 Contractor Requested Insurance Delete paragraph 5.10 of the General Conditions in its entirety. SC-5.12 Receipt and Application of Insurance Proceeds Delete paragraph 5.12 of the General Conditions in its entirety. SC-5.23 Alternative Settlement of Insurance Claims Delete paragraph 5.13 of the General Conditions in its entirety. SC-6.6 Progress Schedule Add the Paragraph 6.6.3 immediately folowing paragraph 6.6.2 whivh shall read: 6.6.3 An updated schedule, in the format specified in the Specifications, shall be required with each submittal for progress payment by CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR. SC-6.30 Contractor's General Warranty and Guaranty Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall read: City of Fayetteville 00800-5 March 1997 6/30.3 For a period of one (1) year, or longer if specified by special guaranties or by law, CONTRACTOR shall at the CONTRACTOR'S expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the WORK under this contract, and pay for any damage to other works or property resulting from such defects. The effective date for the beginning of the one (1) year warranty period will be as decided by the OWNER and will be either the date of the OWNER'S recommendation for Final Payment in accordance with Article 14.13, Final Payment and Acceptance, or the date of Substantial Completion as specified in Article 14.8. CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs or replacements promptly, OWNER may perform the work and the CONTRACTOR'S Surety will be liable for all costs thereof. SC-8.5 Owner's Property Insurance Delete paragraph 8.5 of the GeneralConditions SC-10.6 Authority for Changes in the Work Add a new paragraph 10.6 immediately following paragraph 10.5 of the General Conditions to read: 10.6 CONTRACTOR shall note and abide by the following limits of authority of OWNER for changes in the WORK which require a change order in the Contract Price or Contract Time. Except in the case of extreme emergency to protect public safety, welfare or subsubstanial Work, the following limits of Authority to the OWNER shall apply. Owner's Representative No Authority Mayor $20,000.00 (Accumlative) All cumulative changes which result in Contract Price changes in excess of $20,000 require the formal approval of the Fayetteville City Council. SC-12.3 Extension of Contract Time Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.3 of the General Conditions, and add the folowing sentences at the end of paragraph 12.3. City of Fayetteville 00800-6 March 1997 Contractor will be allowed delays for the weather conditions, based on the concurrence of CONTRACTOR and OWNER, FOR two circumstances 1) isolated inclement Weather, wherein the project site is determined to be unworkable for days of precipitation and days following for short times between otherwise good weather; and 2) sustained inclement weather, wherein the project site is determined to be unworkable for a sustained period of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions. If CONTRACTOR believes condition applies, a request shall be made to OWNER for a site meeting and a joint determination of the site conditions and approval of the delay. OWNER will catalog these approved delays, and will incorporate them into a Change Order for signature of OWNER and CONTRACTOR. Sc-14.2 Application for Progress Payment Paragraph 14.2 of the General Conditions is hereby deleted in its entirety and the following substituted in its place: 14.2.1 Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month, or 14.2.2 Progress payments will be prepared at regular intervals, as scheduled by joint consent of CONTRACTOR and OWNER at the pre -construction conference. 14.2.3 If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation waranting that OWNER has received the materials and equipment free and clear of all Leins and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER'S interest therein, all of which will be satisfactory to OWNER. 14.2.4 The amount of retainage with respect to progress payments will be as stipulated in the Agreement. SC-14.4 Review of Applications for Progress Payment Delete the last sentence of paragraph 14.4 of the General Conditions and replace with the following: After the required internal reviews and processing by OWNER, OWNER will diligently proceed to make payment to CONTRACTOR, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but OWNER cannot guarantee the 30 days maximum time. City of Fayetteville 00800-7 March 1997 i i SC-14.7 Recommendation of Progress Payments Insert the following new paragraphs 14.7.3 and 14.7.4 to paragraph 14.7 of the General Conditions, as additional reasons for OWNER to reduce CONTRACTOR'S request for progress payment, and renumber paragraphs 14.7.3 through 14.7.8 as 14.7.5 through 14.7.10. 14.7.3 liability for liquidated damages has been incurred by CONTRACTOR. 14.7.4 CONTRACTOR has failed to maintain record documents as required by paragraph 6.19. SC-14.8 Substantial Completion The following shall be added as additional paragraphs at the end of paragraph 14.8 of the General Conditions. "The Work" will be considered substantially complete when the work items are complete and ready for use by the OWNER. CONTRACTOR has essentially completed the record documents required by paragraph 6.19, and, in the OWNER'S judgement, these are accurate and complete and will be ready for delivery to the OWNER prior to Final Payment being made. Article 16 Dispute Resolution Delete this Article of the General Conditions in its entirety, substituting the following: ARTICLE 16 - ARBITRATION 16.1 The parties of the contract are not bound to arbitration, however if BOTH THE OWNER AND CONTRACTOR mutualy agree to arbitrate they shall be subject to the Construction Industry Arbitration Rules of the American Arbitration Association subject to the applicable laws of the STATE OF ARKANSAS. City of Fayetteville END OF SECTION 00800 00800-8 March 1997 1 J SECTION 01010 SUMARY OF WORK AND PROCEDURES PART 1 - GENERAL 1.01 CONTRACT BASIS A. Work is based upon conditions at the site, Project Manual, Contract Drawings, all addenda issued and the Contract executed between Owner and Contractor. This work shall include, but is not limited to, the following: EXISTING EXTERIOR MASONRY Repair and/or replace all defective masonry; Tuckpoint all defective mortar joints; Repair masonry at North planter retaining wall; Caulk all masonry expansion joints and joints between disimilar materials; Clean and waterproof all exterior masonry. EXISTING EXTERIOR STEEL Sandblast all rusty steel; Clean and paint all structural steel, steel doors and windows, railings and balusters, and misc. steel; Regrout steel column bases where deteriorated; Caulk joints between steel and disimilar material. STUCCO SOFFIT Clean, repair and refinish all soffit areas (Both upper and lower). ATRIUM WINDOW WALL & EXTERIOR WOOD SURFACES Clean, repair,caulk, and refinish all exterior (Gardenside) window wall, doors, Wood mulls, and trim; Clean, repair and refinish all exterior wood. Paint all steel in Atrium area. NEW WORK Install handrail at North porch and South loading dock where noted; Install concrete ramp at South walk at dock; Install panic hardware and alarm at pair of doors at loading dock; Install exit light at doors above; Relocate pair of doors at North porch , build recessed entry, install panic hardware, install new locks, and alarm. Connect existing North porch to existing entry bridge and resurface entire Porch. City of Fayetteville 01010-1 March 1997 1.02 RESPONSIBILITIES OF CONTRACTOR A. Except as otherwises specifically stated in the contract, Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, superintendence, temporary construction of every nature, taxes legally collectible because of Work and all other services and facilities of any nature necessary to execute Work as shown and/or specified under the Contract and deliver it complete in every respect within specified time. 1.03 OWNER A. Wherever term "Owner" or "Owners" is used in Project Manual it refers to City of Fayetteville, 113 West Mountain, Fayetteville, Arkansas. All papers to be delivered to Owner shall be delivered to Construction Manager, Suite 222, 113 West Mountain, Fayetteville, Arkansas 72701. 1.04 ENGINEER A. ALL REFERENCES TO "ENGINEER" USED IN THESE SPECIFICATIONS SHALL BE CHANGED TO "OWNER". OWNER WILL PROVIDE ALL PHASES OF THE SERVICES INDICATED IN THESE DOCUMENTS. 1.05 TIME FOR COMPLETION A. Time for completion of all work under this contract is 90 consecutive calendar days from the date of written notice to proceed. 1.06 DESCRIPTION OF BID A. The work shall be bid in a lump -sum Base Bid. This shall be a total of all the work included in the Contract Documents. 1.07 LIQUIDATED DAMAGES A. It is understood and mutually agreed, by and between Contractor and Owner, that date of beginning and time for completion of Work are essential conditions of the contract; and it is further mutually understood and agreed that Contractor shall commence Work embraced in this contract on date specified in Written Notice to Proceed and fully complete Work within 90 consecutive calendar days. Contractor agrees to prosecute regularly, diligently, and uninterruptedly said Work at rate of progress as will complete Work within time specified. It is expressly understood and agreed, by and between Contractor and Owner, that time for completion of Work described is reasonable time for completion City of Fayetteville 01010-2 March 1997 1.07 LIQUIDATED DAMAGES (CON'D) taking into consideration average climatic range and usual industrial conditions prevailing in this locality. If Contractor neglects, fails or refuses to complete work within time specified, or within any proper extension granted by Owner, then Contractor does hereby agree, as a consideration for awarding this contract, to pay the Owner the amount of $50.00 per day, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that Contractor is in default after time stipulated in contract for completing Work. Said amount is fixed and agreed upon by and between Contractor and Owner because of damages Owner would in such event sustain, and said amount is agreed to be the amount of damages which Owner would sustain. 1.08 CONSTRUCTION DRAWINGS A. Owner to furnish 5 sets of contract drawings and specifications, without cost, to General Contractor for use in constructing Work. General Contractor to supply all contract drawings and specifications to his subcontractors or material suppliers Additional sets or portions of sets of drawings and specifications requested by contractor will be furnished at actual cost of printing at Contractors expense. 1.09 WAGE RATES A. The Contractor and all Subcontractors shall conform to the Arkansas State Prevailing Wage Law if public funds are involved and where applicable to the proj ect. B. The Contractor and each Subcontractor, and the officer of the public body in charge of the project (the Owner's representative), shall keep an accurate record showing names, occupations, and hours worked of all workers employed by them, in connection with the public works, and showing the actual wages paid to each of the workers. 1.10 WORK RESTRICTIONS A. During construction, Contractor shall have limited use of site and building. 1.11 GENERAL CONDITIONS AND SUPPLEMENTARY CONDITIONS A. General Conditions and Supplementary Conditions are an intergral part of all sections of Project Manual. Their contents and provisions shall be carefully noted in performance of Work. City of Fayetteville 01010-3 March 1997 11 J I B. General requirements specified in this division of Project Manual apply to all specification sections. 1.12 REFERENCE STANDARDS A. Except as otherwise noted, references throughout Project Manual to Codes, Federal Specifications, ASTM Standards, Association or Industry Specifications and other published standards, are to latest edition or publication of such standards. 1.13 PERMITS A. Utilizing the contract documents (Project Manual and Drawings) , along with information provided by the Owner or his representative, the Contractor is responsible for securing all permits required to successfully complete the project. This responsibility includes payment for the permits and coordination of all Submittals. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION 01010 City of Fayetteville 01010-4 March 1997 SECTION 01100 SPECIAL PROJECT REQUIREMENTS PART 1 - GENERAL 1.01 CONTRACTOR'S GUARANTY BOND A. Contractor shall furnish "Performance and Payment Bond" in amount equal to 100% of contract price, as security for faithful performance of this contract and for payment of all indebtedness for all labor and materials furnished or performed in connection with this contract. Bond shall be written by surety company which has qualified and is authorized to do business in the State of Arkansas and must be executed by a resident local agent who is entitled to full commission paid local agents and who is licensed by the Insurance Commissioner to represent surety company executing said bond and filing with said bond, his power of attorney as his authority. Mere contersigning of a bond will not be sufficient. Bond shall be Written in favor of Owner, and executed pursuant to terms of Act 351 of 1953 of the Arkansas State Legislature, as amended. An original and two copies of bond Must be furnished, with power of attorney attached to each.. Bond must not be dated prior to date of the contract. Contractor shall file (not record) the original with the Clerk in the Circuit Court of the County in which Work to be performed is located. Contractor to pay all expenses incident the filing of bond. Remaining two copies should be certified by the Clerk to evidence filing of original, and These two copies submitted to the Owner. 1.02 EXAMINATION OF PREMISES A. Before submitting his quotation, Contractor will be held to have examined the premises and satisfied himself as to existing conditions under which he will be obligated to operate, or that will in any manner affect Work under this contract. 1.03 CONTRACTOR'S LICENSE A. Parties quoting on this work must comply with all requirements and regulations of Contractor's License Law of State of Arkansas, as set forth in Act 150 of the 1965 General Assembly, as amended. 1.04 PRECONSTRUCTION CONFERENCE E. Either before or soon after actual award of Contract (but in any event prior to start of construction), Contractor or his representative shall attend Precon- struction Conference with representatives of the Owner. Conference will serve to City of Fayetteville 01100 - 1 March 1997 acquaint participants with general plan of contract administration and requirements under which construction operation is to proceed, and will inform Contractor, in detail, of obligations imposed on him and his subcontractors. 1.05 SPECIAL FORMS A. Immediately after execution of Contract, Contractor shall submit to the Owner for approval a Schedule of Values totaling the amount of the Contract. This shall be broken down into at least one line item for each Specification Section. B. Utilizing this Schedule of Values the Owner will prepare a Payment and/or Change Order Form which will used by the Contractor for monthly payment requests. The Contractor shall submit an original and two (2) copies each month to the Owner for approval. C. For the second application for payment through the application submitted at Final Completion, the Contractor shall submit a partial release of leins for each subcontractor or supplier for whom amounts were requistioned on the previous payment.The final requistition shall include a written consent of Surety. D. Upon the Owner's approval of a proposal from the Contractor, submitted in response to a request for change from the Contractor, the Owner will issue a Change Order on the above form, for all changes to the Contract Sum or Contract Time. 1.06 STORAGE OF MATERIALS A. All materials stored off site shall be stored in a local bonded warehouse, with full insurance coverage, clearly labeled with the Owner's name on each item, or group of similar items. 1.07 COORDINATION OF THE WORK A. Contractor shall give special attention to coordination of work by various trades to provide uniform completion of the Work. Where questions arise Contractor shall notify Owner's Representative prior to installation of that part of the Work. 1.08 REQUEST FOR SUPPLEMENTARY INFORMATION A. It shall be the responsibility of Contractor to make timely requests of Owner for additional information, not already in his posession, which he will require in planning and production of the Work. Such requests may be submitted as the need is approached, but each request shall be filed in time to permit appropriate action to be taken by all parties involved so as to avoid delay. City of Fayetteville 01100 - 2 March 1997 1.09 SANITARY ARRANGEMENTS A. Contractor, at beginning of Work, to provide on premises suitable temporary convienence and enclosure for use of workmen on job. Maintain in sanitary condition and remove at completion of Work or as directed by Owner. 1.10 UTILITIES FOR CONSTRUCTION A. Provide all gas and electric service required for construction purposes. B. Provide all water required for construction purposes. C. Contractor to pay all utility charges related to construction. 1.11 REGULATORY REQUIREMENTS A. Contractor shall adhere to all applicable codes required by state, local, or other officials who have jurisdiction of this project. 1.12 DEFINITION A. The word "Provide", as used throughout these specifications, means furnish and install. 1.13 EXTERIOR COLORS & SAMPLES A. Contractor shall provide job samples indicating finish color selections for any and all items requiring a finish color for the exterior of project. Place all samples on the exterior of project for review by Owner. Written approval from Owner is required before the `work'for any exterior finish requiring color review is begun. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION 01100 City of Fayetteville 001100-3 March 1997 I SECTION 03300 CAST -IN -PLACE -CONCRETE Part I - GENERAL 1.01 DESCRIPTION A. Work includes concrete and reinforcing for sidewalks and porch areas. 1.02 QUALITY ASSURANCE A. Comply with ASTM C 94, ACI 301, "Specifications for Structural Concrete for Buildings." PART 2 - PRODUCTS 2.01. MATERIALS A. Reinforcing Bars: ASTM A 615, Grade 60. B. Portland Cement: ASTM C 150, Type I. C. Aggregates: ASTM C 33, Class 45. 2.02 MIXES A. Proportion normal -weight concrete mixes to provide the following properties: B. Compressive Strength; 3000 psi at 28 days. C. Slump Limit: 4 inches at point of placement. D. Water -Cement Ratio: 0.45 maximun at point of placement: E. Air -Content: 5.5 to 7.0 percent for concrete exposed to freezing and thawing. PART 3 - EXECUTION 3.01 FORMWORK A. Construct form work and maintain tolerances and surface irregularities within ACI limits of Class A for concrete exposed to view. 3.02 REINFORCING A. All reinforcing steel shall be free from dirt, rust, mortar, or other foreign tl material. It shall be placed in acordance with the drawings and properly secured in position. City of Fayetteville 03300-1 March 1997 3.03 CONCRETE A. Ready -Mix Concrete shall be delivered and placed within one hour after all materials, including mixing water, shall have been placed in the mixing drum. Each batch shall be accompanied by a load ticket with a copy for the Owner showing the concrete type, mixing proportions, and time mixing began. B. Do not place concrete unless temperature is 40 degrees and rising. Do not use any frozen materials or add calcium chloride to concrete mixture. C.. Wet forms thoroughly before placing. City of Fayetteville END OF SECTION 03300 03300-2 March 1997 i SECTION 04800 MASONRY PARTI-GENERAL 1.01 DESCRIPTION A. Work includes: Repair or replace defective masonry; Tuckpoint defective mortar joints; Repair masonry planter on North Planter Areas; Caulk defective expansion joints and joints between disimilar materials; Clean and Waterproof All Exterior Masonry. 1 PART II - PRODUCTS 2.01 MATERIALS A. Brick: Match Existing B. Mortar: ASTM C 270 - type M (below grade); type S (above grade) C. Caulk: See Division 7 D. Masonry Cleaner: Shure Clean Restoration Cleaner E. Waterproofing: See Division 7 2.02 JOINT REINFORCEMENT AND ANCHORS A. Provide joint reinforcement formed from galvanized carbon -steel wire, ASTM A 153, Class B-2, for exterior walls. B. Provide 2-piece adjustable anchors. PART III - EXECUTION A. Cut masonry units with motor -driven saws. Install cut units with cut surfaces and edges concealed. B. Tool exposed joints to match existing joints when mortar is thumbprint hard. PART IV - CLEANING A. Clean masonry as work progresses. Remove mortar fins and smears before tooling j oints. B. Final Cleaning: Using masonry cleaner, as specified, clean all exterior masonry in accordance with Cleaner Manufacturers Instructions. END OF SECTION 04800 City of Fayetteville 04800-1 March 1997 SECTION 05100 STEEL FABRICATIONS PARTI- GENERAL 1.01 DESCRIPTION A. Work includes: Steel railing and balusters; Steel porch framing; Steel deck at porch, and misc. Steel items. 1.02 QUALITY ASSURANCE A. Comply with AISC's "Specifications for Structural Steel Buildings --Allowable Stress Design and Plastic Design," RCSC's "Specifications for Structural Joints Using ASTM A 325 or A 490 Bolts," and AWS D1.1 "Structural Welding Code --Steel." PART II - PRODUCTS 2.01 STRUCTURAL STEEL AND ACCESSORIES A. Structural Steel Shapes, Plates, and Bars: ASTM A 36, carbon steel. B. Cold -Formed Structural Tubing: ASTM A 500, Grade B. C. Bolts, Nuts, and Washers: ASTM A 325, Type 1; high -strength heavy hex - head steel structural bolts, heavy hex carbon -steel nuts, and hardened steel washers, uncoated. D. Anchor Rods, Bolts, and Nuts: ASTM A 307, Grade A; nonhigh-strength carbon - steel, hex -head bolts; carbon -steel nuts; and flat, unhardened steel washers, uncoated. E. Primer: Lead and chromate free, non -asphaltic, rust -inhibiting primer. F. Grout: ASTM C 1107, Nonmetallic, shrinkage resistant, premixed. G. Composite steel floor deck shall be fabricated from steel sheet conforming to ASTM A 611 or A 446 having a minimum yield strength of 33 ksi, Galvanized by the hot -dipped process conforming to ASTM A 525 Class G60 or G90. PART III - EXECUTION 3.01 ERECTION A. Erect structural steel according to AISC Specifications and within tolerances of AISC's "Code of Standard Practice for Steel Buildings and Bridges." City of Fayetteville 05100-1 March 1997 B. Weld Connections to comply with AWS D1.1. C. Install deck panels and accessories according to ADI Publication No. 28. Place, adjust, align and bear deck panels on structure. Do not strech or contract side lap interlocks. Repair damaged galvanized coatings on both surfaces with galvanized repair paint according to ASTM A 780. D. Set handrails and railings accurately in location, alignment and elevation and free from rack. Anchor posts in concrete by forming or core -drilling holes 5 inches deep and 3/4 inch greater than OD of posts. Fill annular space between post and concrete with non -shrink grout. E. Attach handrail to walls with wall brackets. City of Fayetteville END OF SECTION 05100 05100-2 March 1997 SECTION 07100 THERMAL AND MOISTURE PROTECTION PARTI-GENERAL 1.01 DESCRIPTION A. Work includes: Caulking of defective expansion joints; Caulk joints between disimilar materials; Caulk joints between new entry frames and existing window wall; Waterproofing of all exterior masonry; recaulk all wood joints where caulked at present or as needed where not presently caulked.. PART II - PRODUCTS 2.01 JOINT SEALANTS A. Provide Joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under service and application conditions. 1. One -part, mildew -resistant silicone sealant, Type S; Grade NS; Class 25; Uses NT, G, A and O; Formulated with fungicide, Complying with ASTM C 920. 2.02 MASONRY WATERPROOFING A. Provide Masonry Waterproofing equal to Dow Chemical Co., "Allguard" Concrete and Masonry Sealer. PART III - EXECUTION [VIIj K1ft", M121 A. Comply with ASTM C 1193. 3.02 MASONRY WATERPROOFING A. Apply masonry waterproofing to all exterior masonry. B. Apply sufficient coats to produce a dry film thickness as per manufacturer's recommendations. City of Fayetteville END SECTION 07100 07100-1 March 1997 SECTION 08100 PARTI-GENERAL 1.01 DESCRIPTION A. Work includes: Installation of Aluminum framed storefront as per drawings. B. Submit Product Data, Shop Drawings, and Color Samples for approval. 1.02 RELATED SECTIONS A. Glazing: Section 08800 B. Hardware: Section 08700 PART II - PRODUCTS 2.01 ALUMINUM -FRAMED STOREFRONT A. Finish System shall match existing Kawneer aluminum storefront. PART III - EXECUTION A. Provide all hardware, brackets, reinforcements, anchors, glazing gaskets and other components for a complete and weathertight installation. B. Provide weatherstripping and thresholds for both doors to be reused. C. Aluminum Frame System shall be securely anchored to existing floor system as well as existing storefront system. D. Aluminum Frame System shall have Corner Sections rigidly anchored to both Base and head conditions. E. Aluminum Frame System at ceiling shall be designed to carry glazed ceiling. F. Provide New Exterior Pulls for Aluminum Doors to match existing aluminum door pulls at entry. City of Fayetteville END OF SECTION 08100 08100-1 March 1997 SECTION 08200 ATRIUM WOOD DOORS AND WINDOWS PARTI-GENERAL 1.01 DESCRIPTION A. Work Included: Work in this section include repairs and caulking of the Exterior side only of the wood window walls and the doors in the Atrium Area. Painting of steel surfaces specified in Section 09900. 1.02 RELATED SECTIONS A.. Caulking: Section 07100 B. Painting: Section 09900 C. Hardware: Section 08700 PART II - PRODUCTS (Not utilized) PART III - EXECUTION A. Remove all caulking in all windows, doors and connections at masonry. Remove all wood areas that have rotted or need replacing. Replace wood with Smooth Textured, Clear Heart, Western Red Cedar. Paint all exterior wood surfaces, as specified, and install hardware as specified. City of Fayetteville END OF SECTION 08200 08200-1 March 1997 SECTION 08700 HARDWARE PART1 GENERAL 1.01 DESCRIPTION A. The finish hardware supplier shall furnish all necessary items for completion of this project, as called for on the drawings, and specified in this section. This shall include all items except those specifically excluded. 1.02 SUBSTITUTIONS A. Products specified herein establish a quality standard for comparison by manufacturers of similar products. Products may be substituted if they meet or exceed the quality standards established by the specified product. PART II PRODUCTS 2.01 FASTENERS A. Furnish finish hardware with necessary screws, bolts, and fasteners of suitable size and type to anchor hardware in position. B. Furnish fastenings where necessary with expansion shields, toggle bolts, sex bolts and anchors approved by the owner, according to material which hardware is applied and manufacturer recommendation. 2.02 ADJUSTMENT A. After installation make adjustments as necessary to insure proper operation of all hardware items. B. Door Opening Force: In accordance with the Americans with Disabilities Act (ADA), adjust all door hardware so that the maximum force required for pushing or pulling open a door shall be as follows: Fire doors shall have the minimum opening force allowable by the appropriate administrative autjority. These forces do not apply to the force required to retract latch bolts or disengage City of Fayetteville 08700-1 March 1997 other devices that may hold the door in a closed position. C. Door Closers: If door is equipped with a closer, then the sweep period of the closer shall be adjusted so that from an open position of 70 degrees, the door will take at least 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. PART III - EXECUTION 3.01 GENERAL A. Provide to comply with the following schedule. The Contractor is responsible for necessary quantities to complete the work. 3.02 HARDWARE SCHEDULE HW SET NO. 1 Pair of Aluminum Doors at North Porch EXIT DEVICE(S) 2 LOCKSET(S) 2 CLOSER(S) 2 THRESHOLD(S) 2 SWEEP(S) 2 WEATHERSTRIP(2) 2 8622 A 48B (Tall Doors) MATCH EXISTING REUSE EXISTING 896DkB - V x 4' - 0" 200nDkB x 4' - 0" 160DkB 4'- 0" x 8' - 0" HW SET NO.2 TWO DOORS AT STAFF ENTRY EXIT DEVICES) 2 8702-48-US10B (1) CLOSER(S) 2 8506H (1) Verify Door Size(s) 1 HW SET NO.3 ATRIUM DOORS THRESHOLD 524 x (Verify Size) WEATHERSTRIP(S) 160 x (Verify Size) S WEEP(S) 20ONA END OF SECTION 08700 Adams Rite National Guard National Guard National Guard Adams Rite Norton National Guard National Guard National Guard City of Fayetteville 08700-2 March 1997 SECTION 08800 GLAZING PARTI GENERAL 1.01 DESCRIPTION A. Work includes: Installation of glazing in aluminum storefront as per drawings and Specifications. B. Comply with written instructions of glass product manufacturers; FGMA's "Glazing Manual", and publications of AAMA, LSGA, and SIGMA as applicable to products indicated, unless more stringent requirements are indicated. 1.02 RELATED SECTIONS A. Aluminum Storefront: Section 08100 PART II PRODUCTS 2.01 GLASS A. Doors and sidelights: Tempered 1/4" Clear Glass. B. Ceiling Areas: Wired 1/4" Clear Glass. PART III EXECUTION 2.01 INSTALLATION A. Comply with combined recommendations of manufacturers of glass, sealants, gaskets, and other glazing materials, unless more stringent requirements are contained in FGMA's "Glazing Manual". END OF SECTION 08800 City of Fayetteville 08800-1 March 1997 SECTION 09200 STUCCO PARTI GENERAL 1.01 DESCRIPTION A. Work Included: Work in this section includes repairs to existing stucco soffit areas, and the refinishing of all stucco areas. PART II PRODUCTS A. STUCCO FINISH: Dow Allguard Elastomeric Finish 17.11:4M1l�0:4110R I1 XOM A. Contractor shall provide finish application of materials in strict accordance with manufacturer's recommendations of surface prepartion and application of finish coating. City of Fayetteville END OF SECTION 09200 09200-1 March 1997 SECTION 09900 PAINTING PARTI-GENERAL 1.01 DESCRIPTION A. Work Included: Provide specified painting and finishing on exterior items. 1. Provide required painting of all exposed exterior steel and iron work surfaces. 2. Provide required painting of all exposed exterior wood surfaces. 1.02 RELATED WORK A. Caulking: Section07100 1.03 DEFINITIONS JA. The term "Paint" as used herein, includes enamels, paints, sealers, fillers, emulsions, varnishes, stains,and other coatings whether used as prime, intermediate, or finish coats. 1.04 QUALITY ASSURANCE A. Qualifications of Painters: Use only qualified journeyman painters for mixing and application of paint. In acceptance or rejection of painting, no allowance made for lack of skill on part of painters. 1.05 COLORS AND SAMPLES A. Submit paint colors and wood finishes to OWNER for approval. Paint colors and wood finishes approved by OWNER shall be applied to limited areas to be refinished prior to application to all areas. These areas must be approved by the OWNER before final application begins. 1.06 PRODUCT HANDLING A. Delivery: Deliver paint materials to job site in original unopened containers with labels intact and legible at time of use. City of Fayetteville 09900-1 March 1997 B. Protection: 1. Store only approved materials at job site and store only in suitable and designated area restricted to storage of paint materials and related equip- ment. 2. Insure safe storage and use of paint materials and prompt and safe disposal of waste. 3. Protect paint materials before, during, and after application and protect existing materials not receiveing paint finishes. PART II - PRODUCTS 2.01 PAINT MATERIALS A. Manufacturers: Provide paints, enamels, stains, varnishes, and admixtures of first line quality by Sherwin Williams. Sherwin Williams products specified herein establish minimum quality standards. Products of other manufacturers may be substituted on an "Approved Equal" basis. Owner will consider other manufacturers and either approve or disapprove these proposed substitutions. B. Compatibility: 1. Paint materials and equipment to be compatible. Finish coats compatible with prime coats, prime coats compatible with surface to be coated, and tools and equipment compatible with coating applied. 2. Thinners (when used) : Use thinners recommended for that purpose by manufacturer of material. PART III - EXECUTION 3.01 SURFACE CONDITIONS A. Inspection: 1. Verify paint finishes may be applied in strict accordance with manufac- turer's directions and requirements of these specifications. B. Discrepancies: Do not proceed with application in areas of discrepancy until discrepancies are fully resolved. City of Fayetteville 09900 - 2 March 1997 1 1 1 1 _J 3.02 PREPARTION OF SURFACES A. Protection: Protect all adjoining materials not scheduled to receive paint. B. Cleaning: Thoroughly clean surfaces receiving paint. Clean all surfaces in strict accordance with manufacturer's recommendations. 3.03 PAINT SCHEDULE A. Finishes as follows: SURFACE TREATMENT 1. Exterior Ferrous Metals: 1st Coat - SW Kem Kromick Metal Primer Ind & 3rd Coats - SW Silicone Alkyd Enamel 2. Exterior Wood: 1st Coat - SW Semi -Transparent Alkyd Wood Preservative Stain. 2nd Coat - SW Semi -Transparent Alkyd Wood Presevative Stain. City of Fayetteville END OF SECTION 09900 09900 - 3 March 1997