HomeMy WebLinkAbout76-97 RESOLUTIONJ
a
SCANNEDRESOLUTION NO. t 6-s7
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $17,200, PLUS A PROJECT
CoNTTNGENCY AMOUNT OF $r,800 (t0%) WrrH HUNNTCUT
CONSTRUCTION COMPANY, FOR TWO FAYETTEVILLE
ENTRYWAY SIGNS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l. The City Council hereby approves a construction contract in the amount of
$l7,200,plus a project contingency amount of $1,800 (10%) with Hunnicut Construction Company,
for two Fayetteville entyway signs; and authorizes the Mayor and City Clerk to execute said
contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this I qth day of August , 1997.
APPROVED:
Fred Hanna, Mayor
erfpsr
Traci Paul, City Clerk
aI
t,J
1.
/t
I
I?
,a'
f,\
*
[;tt i1
o \
t 'a\C,'{y c/ar kU, c,rya
(1
i
Fayetteville Entryw ay Signs
C o ns truction S pecifications
&
Contract Documents
June, 1997
Prepared by:
The office of the Landscape Administrator
&
The Office of the City Engineer
City of Fayetteville
113 '\ry. Mountain Street
Fayetteville, Arkansas 727 Al
\\
1e
(
INDEX
I
I Advertisement for Bids
lnstruction to Bidders
Bid Propcsal
Contract Agreement
Pei'formance Bond
Payment Bond
General Conditions
Supplement to General Conditions
Technical Specifications
)
City of Fayetteville
AdverLi s
Notice is hereby given that the City of Fayetteville, hereinaftercalled the owner, will receive sealed bids at the CityAdministration Building room 326, l-13 W. Mountain St.,Fayetteville, Arkansas 7270L, until 2:00 p.m., local time, on Lhe15th darr ofElrr. 1997, for the furnishing of all tooIs,
equj-pment,, Iabor, and materials, and performing the necessary
work to be done to complete the construction of Fayetteville
Entryway Signs.
The scope of this project is construction of two concrete signsper details of the plans and specifications. The location of the
work is set out in Lhe plans and specificat.ions on file at theoffice of the city Engineer, Fayet.teville, Arkansas. Said plans
can be inspected or obtained without. any fees, but must be
ret.urned by unsuccessfu'l bidders, otherwise Lhere will be a
$50.00 charge.
Each conLractor sha11 be responsible for the investigation,inspection, and studies of the project sii.e as deemed necessaryto familiarize themselves with aII conditions encountered. Eachcontractor shaIl be responsible to read and comply with theinstructions to bidders as contained in the contract documents.
Each bid must be accompanied by a cashier's check or surety bondin the amount equal to five percent (5?) of the whole bid, said
bond to be issued by a suret,y company Licensed to do business inthe State of Arkansas, said bond to be retained as liquidated
damages in case successful bidder fai1s, neglects or refuses toenter into the contract for the construction of said works, andfurnish the necessary bonds within ten (10) days from and afterthe date the award is made.
Bids shal1 be submitted on the official bid sheets contained inthe specifications, and such bids sha11 not be removed from the
remainder of the specifications and contract documents.
r4
{
or Bid # 97 -39
A1I bids shall be se
)
t
The owner reserves the right to reject any or all bids, and to
waive any formalities deemed to be in its best interest.
The attention of all bidders is caIled to the fact Ehat if this
cont,ract exceeds $20,000 they must be licensed under the terms of
Act, 150 of the 1965 Acts of the Arkansas Legislature, as amended.
No bidder may withdraw his bid within sixty (50) days aft,er theactual date of the bid opening.
Peggy Vice Purchasing Manager
I
I
I
I
a
-l
a
,I
t
a
I
II
\
TNSTRUCT TONS FOR B T DDERS :
t'
1 Def lned Termir.j.Terms ueed in these Instructions to BLdderg which aredefined tn the Standard General Conditlons of the construit,ion Contract, shallhave.the meanLnga a.asigned to them.in the General'and. Supplementary 7:.condltLone. - The t'erm."Bidder" means one who gubmlte a,iia directiy tcj theOerner, ae dLetlnct from a eub-bidder who gubmits a bid to a Bidder. The term'succeaaful Bidder" ehalI mean the lowest, qualified, responsible andreaponeiye'Bidder to whom o$rner.(on the basis of Owner,e.Lvaluation as. ,rhereinafter provlded) makes an award. The term.:'Biddtngr Documentg:., .includesthe Advertlsement or Invitation to Bidr.. fnstructions to Biddere, the Bid :Propoeal Form, and the propoeed Specificatione andr Contract, Documents ..
(lncludlng all Addenda isaued prior to the receipt, of Bide)-
?. 9ooies. of thq Biddinq Pocuments. Complete eets of the Bidding Documentsin the number and amount, in any, stated in the Advertisement to invitatl-on toBld may be obtained from the Engineer upon request.
Complete sets of Bidding Documents must be used in preparing Blds; neitherthe ovrner nor Engineer assumes any responsibility for error-ormisunderstandings resulting from t,he use of incomplete sets of BiddingDocumentE.
owner and Engineer in making copies of Bidding Documente available on theabove t€rm8 do go only for the purpose of obtiining Bids on the t{ork and donot confer a llcense or grant for any olher uee. :.-
3. . ouallfications gf.Bidders. tlhen included w!th, and made a part of theB!d-Proposal, the Bidder must, submit a completed "statement of Bidder,eQualificatione" as Part, of the Bid Proposal. The '.Statement of Bidder,sQualifisations' is required t,o demonstrate qualificatione to perform the Workand wirr be used in evaruating alr bids as i basis for award.
4- Examination of Contract Documents and Site.
rt is the responsibirit,y of each Bidder before submitting a Bid, to :
i.") exarnine the Contract Documents thoroughly,
\ul visit the gite to become familiar witf, l6caL and specific condr-tions whlch
YiI affect cost, Progress, safety, performance otr furnishing of the llork,'(c) consider aII Local, state and Federal RegulationE and Liws which may
\?{:""! costr -progress, safety, performance oi furnishing of the r{ork,\d) Etudy and carefully correLate Bidder's observations with the ConiractlDocuments and
].1 notify Engineer of any and aII conflicts, errors or discrepancies in theContract Documents.
4.2 Information and data reflected in the contract DocumentE with respect toUnderground Facilities at, or contiguous to the site is based upon inf6rmationand data furniehed to the owner and Engineer by owners of such UndergroundFacilities or others, and owner nor Engineer does not, assume responaiuifity
l::^!t: accuracy or complereness there5f unless it is expressly lrovidedotherwiae in the Supplementary Conditiona
4.3 Provigiona concerning reeponsibilities for the adequacy of data
I::li:l:a to proapective aiaaeis on aubsurface conditloni, uidergroundFacllitleE and ot!9r phyaical conditions, and poeaible changee ii the contractDocuments due to diffiring site conditions "ppl"r in Article 4 of the GeneralConditiong and any associitea Supplementary 66nditions.
4.1.
1
.rt
.a
a
,
-)
1
a
The Bid aecurlty of the Successful Bidder will be retained until euch Bidder\aa exgcuted thl Agreement and furniehed the reguired "ontr""i sdcurlty,where.upon .the Bld- eecurity will be. returned. If Ehe. Succeegful Bidder iailstoexecute'anddeIi.vqrthLegreement,andftrrnietithereguirea_contract.-aecrirt€y'wLthin 15.bays aft'ei .rhe. Noricq.of Award, od;;-miy, anr,r.,f the Noticeof Award and the Bld eecurity of that Bidder wLII be forfeitea. The BtdsecuSltlz.of other Bldders whom the owner believee to. have- a reaaonable. chance
?I t:::.f.ttilp "Illd may bq retained by. ovrner: until the earlier.of..rhe geventhclay atEer the. Effegtlve Date of- Agreement, or the. 6lgt dai. after the Bid::.openlngr- wher-eupon'th'e Bid slculiiy furntstrea ty sucn Bidders wlII bereturned- Bid eecurtt,y with B.ids, wtricn are not. competiti"". riif -ue-retuinea
within 1O days of Bld 6pening
7 . Contract Time.
The number of 'days within which, or the dates uy whicrr, in" wort< 'r, ao o.eubetantially completed and also.complet,ed and ieady. for final payment (Thecontract Time) are an set forth in the Bid ProposarlC,contraci AgrLement.'
8. Licnridated Damaqes.
Provieions for liquidated damages, if any, are set, forth in the Bid proposaland/or, the ContraCt Agreement.
The contract, if awarded, will be on the basis of materials. and equipmentdeacribed in the Drawings or specified in the specificatione withoutconsideration of possible subslitute or "or-equal,, items. substitute or ,or-equal" lteme of materiars -or eguipment, unreee' it i;-"p""iri"I tn"t ,,oeubst'itute will be_al}owed, may ue'furnished or used u! trre conEractor. ifacceptable to the Engineer. Apprication for a(:cept,ancl for possibresubstitut,e or "or-equar" items-iit:. not, be consid;;;a-;y-aile-ilgir,"er unrirafter the effective dat.e of the.contract Agreement.. The procedure forsubmigsion of any such application is set f5rth in Article 5.-l of the Generalconditions and any associitea suoprementary conditions.
10. Subcontractors, suppliers and others.
The contractor shall.not assign or sublet all or any part of this contractwithout the Prior written appioval of the owner and-Eirgineer. Nor ghall thecontractor arlow- any subconliactor to cornmence work uniit he has provided andobtained .aPProval oi euch_ compensation- and fubri.c iiiuiiiti-insurance aereguired by the contract Docuirents. The apirovat of each Subcontract by theo!"ner wlII in no manner release the contr"llor fr"r -ani-"r-rrir obligationa aEset forth in thd contract Documents incruding the ii;;;r, -ip""iticariona,
Contract and Bond(B).
11'1 All blds muEt be made on the reguired Bid propoeal form contained ln theBtdding DocurnentE. Additional copieJ ,niy-u.-r.que-sted frorn tne Engineer.
11.2 All blank spaces for Bid prices must be firted in, in ink or typewritten, and the gid form must be fu1ly -orfr.tra and executed when gubmitted.only one (1) copy of the Bid form is ,eq"i;;;.
3
I
I
;
-I
I
I
t
-7
(
!
a
1 5 . B ids to rema in subi ect to acceotance .
AIl Bide ahall remaln subject t,o aic9ptance,for-6O daya after the day of theBid openipg, but owner.oaY, at it8 eole diecretion, ="t""r"-"ny Bid ind returnthe -Bld. agcuqlty lqior to thar, date. Additionally, ff-aetmef .'ir".."r"ry by theowner, !l,p.qrqgr and the aPParent Succeesfur, Biddirr r"y "r,i"i negotiati"n'" to-extend the time of accept,ance beyond the 60 days, with no chingei in ttre iia-Propoeal or Contract Documenta.
16. Award of Contract.
19:1- owner reserves the right to reject.any and aLl Bids, to waive any andarr informarLtiee not invorving pric6, time or change, to'ttre worx, tonegotiate contract terms with ih6 SuccesEful Bidderr- inJ-tt"-right todiaregard aII nonconformingr'nonresponsive, unbalanced or conditional bids.The oflner further reserves the righl to reject the Bid of "ny aiaa"r if theot'ner believes that if would not be in the best interest of ihe rroject oio'e'ner to make award to that, Bidder, whether because the Bid is not responaiveor the BLdder is unqualified or of doubtful financial auiiity, or of doubtfulpaat performance, or fails to meet any other pertinent standlrd or criteriaeatlbrlehed by the owner- Discrepaircies in the multipiiciiion of units ofl{ork and unJ-t prlcee will be resorvia in the favor of tire unit prlces.Diecrepancieg between the indlcated -aum of any column or tilures and thecorrect sum thereof wilr be resorved in favor of the "o.r".i ,.rrn.
16'2 In evaluating the Bids, owner will consider the qua)-ifications ofBiddere, whether or not Bids compry-with the lrescribed'requirement,s, and suchalternates, unit prices, and ot,hLr dat,a, ." rniy be requestda in the BidPropoaal Form or prior to Notice of Award.
l'6.-3 gwner may consider the gualifications and experience of theeubcontractora, supPliers and other.persons "rrd org"rrizations proposed forthoae portione of the l{ork as to whilh Ehe identit,y of subcontracE,orE,auppliera and other persons and organizations must be eubmitted as providedfor in the contract Documents. owner.may also consider t,he operating costa,maintenance -requirements, performance dati and guarantees of major items ofmaterial and eguipment.-proposed for incorporation !n the Work when such datais required to be submiltei prior to the ir"ii." of Award
15'4 oh'ner may bonduct iuch investigations as ouner deems necessary to asai6tin the evaruatiorr-o!.any Bid and to Establish the responsibility,qualifications and financial ability if aiaaers, proposed subcontractors,suppliers and other Persons and orginizationE to perforrn arrd furnish the workin accordance with the contract Doiumentsa to owner,s satisfaction within theprescribed time
16'5 rf tha coutract is to be awarded, it will be awarded to tbe lowestrespoaeivc, rceponsible, qualified aidder wbosc cvaluation by Eugineerindicatcs to owicr tbst tf,e award wirr be in the best iuter"itt of tbo projcctaud Orraer.
15'6 rf the contract is to be awarded, G.rner wiII give the succesgful Biddera Notice of Award^within.60 daya after the date or frre aid opening. rf deemedneceagary by the ourner, the owner_and the apparent successfui sid6"r ;;y-;;[;,negotiationg to extend the time_of accept""E!-u"y"nd the 60 days, wlth nochanges in the Bid proposal or Contract Documente.
5
\
1
,
a
lI
'1
III
keep an accurate record showing the names and occupationhours worked of aII workrnen, employed by them, and theactual. wages paid to each of the wbrkmln, which.records
9|ar_r. be open at,' arr reasonable'houre to.the rnspectron.the. Department of Labor or the. o'nrnerr.,ite'orri""i";i"a'-:
. : :... ...- .. .. :. .:l ..? . . . :
l qgPy ofr thc prevailiug wago ratee for'thLg rpecifl.c projcct, ar aetablLrhadby tha Arkangar Dcpartn-at of Labor, ie attacbia io tui c6ntract oocincntrirnedLately following tbe Iustructionc to Bidders.
The otrne.r eharr have the right to withhold from anountsmuch of accrued pa).ments as may be considered necesrsaryemployed by the Cont,ractor or iny subcontractor, the diratea of. wages reguired by this contract'and the ratessuch workmen.
3)and
due the Contractor soto pay the workmen
f .f erence bet,ween theof . wages received by
rf it is found that any workrnen emproyed by the contractor or'subcontractorhae been, or ig being paid a rate 6f wages'ress that the rate of wagesrequired by this contrict, the owner rnaf uy ur.itt"r, notice to the contractor,terminate the contractor's right to proieei with the woik oi euch part of thework ae to which there has been a. fairure to pay the required wages and toproaecute the work. to-complet,ion by contract, ir-otherwi"'"r-""o the contractorand his Eureties sharl be liabre fir any costi-occasioned'thereby.
22. compriance with Act 125, Arkansas Acts of 19GS.
The attentLon of Bidders is carled to the provisions of Act 125, Arkansasof 1965' This act, provides for the payme"[-"r-certain taxes on materialseguipment brought into tne state: rl iurther provides for methods ofcorrecting such taxes. llr provisions of aci izs, erk"nsas Act,s of 1965be complied with under this Lonrract,.
2J . Withhq ld in
The Cont,ractor shal I deduct and withhold Arkansas
Act e
and
shal I
Arkansas law, .fromor nonresidents of es paid employe€s, whet,heransas.
income tax€s,such emp) oyees
as required byare res identswa9
Ark
The attention of.aII-ng0Eersiden!, Bidders is called to the provisions of Act,162,ArkansasActsor@""ia"=-fornonresidentcontractorsand
subcontractors notice and bond regulations by the comrni""i"""i of Revenuea,Dept' of Finance and Administrati5n, p.o.eoi izzz, Littre Rock, Arkansas72203 prior to cornmencing work or undertaking io perform any duties undercontract within the Stati of Arkansas.
The attention of Bidders is carled !g tng provisions of Act 19o, Arkansas Acteof 1993' rn oenerar, this act proviaes roi-ih! subcontractois to provide tothe Generar c5ntri.t6t-p"troti"n". and paymeni bonds, with-""it"in regurationeoh form and time, when Lhe subconsract,oi,! uio is in excess of g5orooo.oo.
7
I
,
Od.ini"ar"aion of ,.
*
THIS AGREEMENT, made
L9 ?7 , by and bet
Washington, State ofcalIed the Own€rr andof the Citythe Second
of FayetteviIJeaII Work required-io
CONTRACT
and entered into the /.lA'ween the City of Fayett
Arkansds r Party of the FirsHunnicutt Construction Co
day of
evi11e,
t Part,
'. r lflc.
Q cng cr.s*,-Coutrty ofhereinifter
Iof Fa tteville Arkan sa s Party ofParerenater caII e Contractor.
WITNESSETH THAT:
WHEREAS, the owner has cal1ed for bids for water systemimprovementsr ds set out in the Plans and Specifications- andapproved by the City of Fayetteville, Arkansas; -and
I^IHEREAS, pursuant to the published calIs f or bids under said plans
-at-r{ -Spec_ifications, the Contractor is the }owest and best qualified^bidder for t,he construction of said Improvements;
NOw THEREFORE, the Contractor agrees with the owner to commence andcomplete the construction of:
Bid No . 97-39 which shail be the Entryway s'igns for the City
Fu)'-qLtev_i1 le, . Arkansas ; includin gr a compLete and acceptable instal lation, f o rthe unit and lump s um prices bid in the Bid pro posal/ aLI of whichbecome and are a part of this Contract, the to tal- sum thus beingseventeen Thousand Two Hundred and nars (L7 ,2OO.0O) , su sum rng e agree amount upon w IC hbonds and liabilities are based,and at his own cost and expensefurnish aII materials, supplres 1abor, machin€ry, equipmert,tooIs, supervisioor bonds, insuran ce and other accessories andservices necessary to complete the said construction in accordancewith t,he conditions and prices stated in the Bid attached heretoand made a part hereof, and in accordance with the Technicalspecifications, the Generar condit.ions, the supprementaryCondit,ions, and in accordance with the P1ans, which iiclude aIImap9, p1ats, blueprints, and other drawings, and written or printedexplanatory matter thereof.
The Contractor agrees to commence work underten days of the issuance of the Notice tocomplete aIl work within 7o calendar days.
this contract within
Proceed and totally
The Owner agrees to.pay the Contractor in currenL funds for theperformance of the contract in accordance with the accepted. Bidtherefor, subject to additions and deductions, as provide-d in theSpecifications, and to make payment on account therLof as providedbeLow. '
As soon as is practicable after the first of each calendar month,and j-n accordance with the Contract Specifications, the Owner willmake partial payments to the Contrac€or for work performed duringthe preceding calendar month, based upon the Enginder,s estimate oi
)
,
I
!
t^rork compl,stsd, said estimate being'ctsrtified by the Contractor andaccepted by the Owner. Retainage shalI be- withheLd from thepar!1a!.payments_as-provided by Aikansas state laws by the Owneruntil final completion ald acceptance by the owner anh nngineer.The Engineer shall then issue a -Final eJtimate of work don5 baseduPon t!r. original contract, and subsequent changes made and agreedupon, if any.
Time is hereby expressly declared to be of the essence of thiscontract, and the time of beginning, manner of progress and, time ofcompletion of the work heteunder shall be - ani are essentia]conditions hereof.
The Contractor agrees to commence work within ten (10) calendardays from the date of the Notice to Proceed and to proceed wit,h theconstruction of the work and to prosecute the work irittr an aaequateforce and in a manner so as to complete the work within the'timestipulated. herein. If the Contractor fails in completing ilr"contract within the time st,ipulated herein, the Contrattor alrees
!o_ P.y the Ownerr ds }iquidated damages the sum of one huidreddolLars ($100.0-0) per day- for each -calendar day of deray incompletig., saj-d amounts being fixed and agreed upori by and betlween
!19-Parties.hereto. Because of the irnpricticaUitity- and extremedifficulty in fixing anq ascertaining the actual damages ownerwould in such event sustain, said amounls are to be p::esuri'ed by theparties to this contract to be the amounts of dama-qe Owner iouldsustain. Said amounts of liquidated damages sha1I-be deductiblefrorn any amount due Contractor under the final Estimat,e of saidwork, after the complet,ion t,hereof, anci contractor shall beentitled any to the Fina] Estimate less such amounts of 1iquidateddamages.
rf the contractor be derayed at any time in the progress of thework by any act or negrect of €rre owner or 6t trre owner, semployees, or by. any other contractor employed by the owner, or bychanges ordered in the work, or by st,rikel, Lockoirts, fire, trrr,r",ruidelay in transportaLj-on, unavoiaaUle casualties or any causesbeyond the contractor's contror, or by delay authorize& by t,heEnginee: pe-nding arbitratigr, or by ani caus6 which the nnglneershall decide to justify tlr" deray, thLn the time of compietionshall be extended for such reasonable time as the nnginier maydecide.
No such extension shall be made for delay occurring more than sevendays before claim therefor is made in wiiting to tie Engineer. rnthe case of a continuing cause for delay-, only ond craim isnecessary.
rn the event the Contractor abandons the work hereunder or fails,neglects or refuses to continue the work after ten (10) dayiwritten notice, given contr:actor Jcy the owner or by the b"ji"""i,then the owner shall have the optio-n of 1) declarin'g this c5ntractat an end, in which event the- Owner shall not be- liab1e to theContractor for any work t,heretofore performed or 2) requiring th"
.'I
sirrety hereto, upon ten (10) days not,ice, t,o complete and carry outt,he contract, of Contractor; and in that event,, should be suretyfail, neglect or refuse to carry out, said contract, 3) said Ownei
may complete the contract at its own expense and maintain an actionagainst the Contractor and the surety hereto for the actual cost ofsame, t,ogether with any damages or other expense sustained orincurred by owner in compreting. this contraCt,, Iess the tot,a1amount provided for hereunder to be paid Cont,ractor upon thecompletion of this contract.
This contract shaIl be binding upon the heirs, representatives,successors or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the Owner and Contractor have hereto set theirhands and seals, respectively. Hunnicutt construction co. I Inc.230I S. School St.
rm
DonaId B. Hunnicutt r Pres.
Ilegses*'
* f f corporat iorr r secretary should att,est.
CITY OF FAYETTEVILLE, ARKANSAS
Attes t :
Fr Hanrr& r Mayor
Tr AC Pau tc v er
Fidelity and Deposit Company
tl()^ll ()l:l;lCli OF MARYLAND ' B,rt.hrwtpt:. tt,tD. JtJl.l
Performance Bond
Any singular rclcrcncc to Contractrlr, Surcty, Owner or other party shalt be considere<I plural where applicablc.
CON'I'RAC'|OR (Narnc and Addrcss):
HUNN ICUTT CONSTRUCTION CO . , I NC.
23OI S. SCHOOL ST.
FAYETTEVILLE, ARKANSAS 72701
SURETY Fidelity and Deposit company of Maryland
P.O. Box 1227
Baltimore, Maryland 21203
OWNl1R (Narnc and Address):
C ITY OF FAYETTEV I LL E
I13 W. MOUNTAIN
FAYETTEV ILLE, ARKANSAS 72701
CONSTRUCTION CONTRACT
Datc: August 21 , 1997
Atnount: Seventeen thousand two hundred do]lars and nol]00 ($tZ,ZOO.OO)
Dcscription (Nanrc and Locarion): FAYETTEVILLE ENTR}WAI SIGNS
BOND FAYETTEVILLE, ARKANSAS
Datc (Nor carlicr rhan Consrruclion C,ntract Date): August 21 , 1gg7
Antounl: Seventeen thousand two hundred dollars and no/I00 ($17,200.00)
Mrilillcations to this Bond: [J None l l Se'e page 3
CON'IRAC'|OR AS PRINCIPAL SURETY
C'tltti[1.lny HUNNI CONSTRUCTION CO. , INC.Cornpany: Fidelity and Deposit Company ot' Maryland
Siglr.rtrrrc:
Niuu,: lttttl HU , PRES IDEN]Narne and
ATTORNEY-IN-FACT
(.\nr irtltlitirlrral : ignalul'cs itl)pcilr ()n pilgc 3)
(i ()R ItlI:()RltlA'l'l()N ONI-I'-Murrc. Atldrc.s.s and Tclcphonc)
A(il:N'l'or llROKl:.R: OWNIIR'S REPRESENTATIVE (Archirccr, linginecr or
McCARTNEY-FAUCETTE INSURANCE, INC. othcr party):
4280 GABEL DR., SUITE I
FAYETTEVILLE, ARKANSAS 72703
('()\tr)Rtls'lI) .ltll.]Rl(".\N lNs'l'l't'lJt'l: ot'AR('ttt't']:c't's tx)(:uMllNl'A-3t2, tx:CllMBl,:R t9tt4 l:t)t'l'toN
('Ilo
a
/,
I UTT
I 'l'hc; ('olrtractor and tlrc Surcty, .jointly and scvcrally, hind
{ltctttsclvcs. thcir hcirs, cxccutors, adrrrinistrutors, succcssors and
' assigtts fo thc Owncr lirr thc pcrlirrrnancc ol'thc Crlrrstruction Con-
lracl. wlrich is irrcorporatcd hcrcirr by rcl'crcncc.
2 ll' thc Contracttlr pcrlirrrrts thc Constructiorr ('ontract, thc Surc-
ty alrtl thc Contractor shall huvc rro ohligation urrdcr this Bond, cx-
ccllt to pitrticipatc in conlcrcnccs as providcd in Subparagraph 3.1.
3 Il'thcrc is no Owncr I)clirult. thc Surcty's ohtigution unclcr this
Bond shall urisc alicr:
J.l 'l'hc Owncr Jtas rrotillctl tlrc Cor)tractor and thc Surcty at
its udtlrcss dcscrihctl in Purugruph l0 hclow that thc C)wncr is
collsidcring dccllrilrg a C'onlructor l)clault arrd hus rcqucstcd
artd attcrttptcd to arrangc a ctlnll'rcncc witlr thc Contructrlr and
tlrc Surcty to hc hcld not lutcr tlran llliccrr days ulicr rcccipt ol'
sttclt noticc ttl discuss rttcthods ol'pcrlilrrrring thc Corrstruction
Ctltttruct. ll' thc Owncr, thc Crlntractor und thc Surcty agrcc.
thc Ctlntractor shall bc allowctl a rcasonablc tirrrc to pcrlorrrr
lhc (-tlttslruclion Conlruct, hul such an ugirccrrrcnt shall not waivc
thc Owncr's right. il'uny, subscqucntly to dcclurc a Contractor
I)clirult; und
3.2 'l'hc Owncr lt:ts tJcclarcd a Contractor I)clirult and lrlnrrul-
ly tcrtttittatcd tlrc Contractor's riglrt to ctlrnlllctc thc contracl.
Suclr Contractor I)clirult shall not bc tlcclarcd carlicr thun twcnty
tltrys alicr tltc Corttruclor urttl thc Surcty lruvc rcccivcd noticc
as providcd in Sub-parugraph 3. | ; and
3.3 'l'hc Owncr ltas agrccd to puy thc Balancc ol'tJrc Contrilct
Pricc ttl thc Surcty in uccordancc witlr thc tcrrns ol'thc Con-
structittn Colttract or [o a contractor sclcctcd to pcrlilrrrr thc Con-
slruclion Ctllttract ilt accordancc with thc tcrnrs ol'thc contracl
with thc Owncr.
4 Whcn thc Owncr has satislicd thc conditiolrs ol'Paragraph 3, thc
Strrcty slrall prortrptly and at thc Surcty's cxJ,L-nsc takc onc ol'thc
lirl low ing act ions:
4.1 Arrangc lilr tltc Crlntructor, willr corrscnt ol'tlrc Owncr, lo
pcrlilrrrl and cotttplctc thc ('onstruction Conlract; or
4.2 Undcrtakc to pcrlilrnt und cornplctc thc Construction Con-
truct itscll', thrrlugh its agcnts or througlr indcpcndcnt conlrac-
tors; or
4.3 Ohtain bids or ncgotiatctl proposals l'rorn qualilicd corrtrac-
ttlrs acccptablc to thc Owncr lor a ctlntract lor 1,u-rlilnnancc and
cttttlplction ol' thc Construction Contruct, ilrrang,c lilr a contract
ttl bc prcparctl lirr cxccution hy thc Owncr und thc contractrlr
sclcctcd with thc Owncr's concurrcncc, [o hc sccurcd with pcr-
lilrtttancc and paytttcttt bonds cxccutcd by a qualilicd surcty
cquivalcnt to thc bonds issucd on thc Construclion Conlract. and
pay [o thc Owttcr thc atttttunl ol'darrragcs as dcscribcd in
Paragraph 6 in cxccss ol'thc Balancc ol'tlrc Contract Pricc in-
currcd by thc Owttcr rcsulting l'rorn thc Ctlntractor's dclault; rlr
4.4 Wuivc its right to pcrlrlrnt and corrrplctc, arrangc lor corn-
plction, or obtain a ncw contractor and with rcasonablc pro-
rnptncss untJcr thc circurnstanccs:
.l Alicr ittvcstigatirlrr, dctcrrrtinc thc arnount lilr which
' it tttay bc liablc to thc Owncr and, as s(x)n as prilc-
ticablc aficr the anrount is dctermincd, tcnder pay-
nrcnt thcrefor to tl-rc Owner; or
' ' .2'Dcny liability in wholc or in part and notify thc
Owncr citing rcasons thcrefor.
5 ll'thc Surcty docs not procccd as providcd in Paragraph 4 with
rcasonablc prornptncss, thc Surcty shall bc dccnrcd to bc in dclault
on this llond liliccn days alicr reccipt ol'an additional writtcn noticc
l'rottt thc Owncr [o thc Surcty dcrnanding that thc Surcty pcrlirrnr
its obligations undcr this Bond, and thc C)wncr shall hc cntittcd to
cnlirrcc any rcnrcdy availahlc to thc Owncr. ll'thc Surcty prt,.*ccds
as providcd in Subparagraph 4.4, and thc Owncr rcluscs thc pay-
lltcttl tcrtdcrctl or thc Surcty has dcnicd liability, in wholc or in purt.
withttul l'urthcr nolicc thc Owncr shall hc cntitlctJ to cnlilrcc any
rcrttcdy avuilahlc to thc Owncr.
6 Alicr thc Owncr hus lcrntinatcd lhc Contraclor's right to crlnr-
plctc thc C'oltstrucliort Ctlntruct, antl il'thc Surcty clccts lo act urrdcr
Subparagruph 4.1, 4.2. or 4.3 abovc. thcn tlrc rcsponsihilitics ol'
thc Surcty to lhc Owncr shall ntlt hc grcatcr than thosc ol'llrc Con-
traclor uttdcr thc Conslruction Contrucl, und thc rcsponsihilitics ol'
thc Owncr [o tlrc Surcty shall not hc grcutcr than thosc ol'thc Owncr
undcr tltc Construction Contracl. J'o thc lilrrit ol' thc ant()unt ol'this
[]ond, hut suhjcct lo conurritlncnt by thc Owncr ol'thc []alancc ol'
thc Ctlntrilct Pricc lrl tttitigation ol'cosls and danlagcs on lhc Con-
struction Contract, thc Surcty is ohligatcd without duplication lor:
6. | 'l'hc rcsp)nsibilitics ol'thc Contractor lilr corrcction ol'dclcc-
tivc work und cotrrplction ol' thc Construclion Contract:
6.2 Additional lcgul, dcsign prolcssional and dcluy costs
rcsulting l'rottt lhc Conlruclor's I)clirult, and rcsulting l'rorrr thc
aclions rlr lailurc to act ol'thc Surcty undcr Paragraplr 4; and
6.3 l.iquidatcd duntugcs, ()r if n() liquidatcd danragcs arc
spccilrcd in thc Contruclion Conlruct, actual darnagcs cuuscd
by dcluycd pcrlilnttancc ()r non-pcrlirrrnancc ol'thc Contractrlr.
7 -l'ltc Surcty shall rtot bc liablc lo tlrc Owncr or othcrs lilr obtiga-
titlns ol'thc Contractor that arc unrclutctl to thc Construction Con-
tract, und thc l]alancc ol'thc Contract Pricc shall not hc rctluccd
tlr scl ol'l'ttn accout'tl ol'any suclr unrclutcd ohligations. No right
tll'actiott shall uccruc on this Bond to any pcrs()n ()r cnlity othcr
than tlrc Owncr or its hcirs, cxccutors, adlninistrators or succcssors.
8 l'hc Surcty hcrcby waivcs noticc ol'any changc, including changcs
ttl'tinlc, [() thc Constructirln Contract or trl rclatcd subcontraclors,
purchasc ordcrs and othcr obligat ions.
9 Any prtrcccding, lcgal or cquitablc. undcr this Bond rnay bc in-
stitutcd in uny coufl ol'corng,*--tcrrt.iurisdiction in thc lrrcation in which
thc work tlr part ol'thc work is ltrcatcd and shall bc institutcd within
lwtl ycars alicr Contructor I)clault or within two ycars alicr thc
Ctlntractttr ccascd workirrg or witlrin lwo ycars alicr thc Surcty
rcluscs or laits to pcrlirnn its obligations undcr this Bolrcl, whichcvcr
occurs lirst. Il'thc provisions ol'this Paragraph arc void or pro-
hibitcd hy law, thc tttittirttuln p-rirxl ol'lirnitation availahlc to surctics
as a dclcnsc in thc.jurisdiction shall hc applicablc.
C()NIjORMS'l'() AMl:Rl('AN INS'II'l'tl'II: Ol' AR('l{l'Il:C'fS DOCUMIiN'l'A-312. t)liCIiMBliR t9tt4 I:l)t]'tON )
('.1 lo
'l(| Notir'c to tltc \urct1 . lltc ()wrtcr or tltc ('otttlirr'krr sltitll lo- rrrarlctJ
ol' tlcln'crctl lo thc ittltlrcss sltoun ()n tlrc sigrt;rturc plgc.
I I \,\/ltcrr llris liotttl ltas hccn lirrrttshctl [o cortrllly uitlr u sl:.rlul()r]'
r)r'ollrcr lcglrl rc(lr.rircrttcltt irr tlrc localiolt u'lrcrc tltc corrslrrrcliort
\!'ir\ lo hc llcrlirrtncd. iln)'l)r'()\'isiott irr tlris llrtttl erlrrllrctirrg *'itlr
suitl slrrlult)r') (lr lcgal rc(luit'crrtcrtt sltlll l^* tlccrttctl tlcletctl ltcrcl'rorrt
urrtl llrovistt)ns c(lrtlirrrrritrg lo sr,rt'lr slatul()t')'tlr tlllrcr lcgal rctlrirc-
nrcnl slurll hc tlcctttcd ittcorglonrlctl ltcrcirt.'l'lrc irtlcrtl is tlritt thrs
llorttl sltall hc conslt'uc(l it\ ir sllltrttlr'1'trorttl lrttl ttol as it c()nlnt()n
lirw lrorttl.
l2 I )1,:r'l N l'!'l( )NS
l2.l llulurtcc ol'lltc ('orttnrr't I'riec: 'l'lrr-' totul anl()urtl ;luf lhlc
l'11' llrc ()wncr trl llrc ('orrlrlcl()r urttlcr tlrc ('onslrucliolt ('()n-
tnrct ll'tcr ull J)r()l)cr ad ju\lntcrtts ltarc hcctt tttutlc. iltclutlirrg
ullowurtcc lo tJtc ('onlrlclor ol'un), urrtorutls rcccivctl rtr lo bc
S ig rurt u t'c :
Narttc irrttl 'l'itlc:
Atltlrcs\:
rcccil'ctl hy thc Owrtcr irt sctllctttcttt r,ll' irtsttrancc or otltcr
cluirrrs lirr tJurrragc\ lo wlrieh tlrc ('ontraelor is cntitlctl. rcduecd
hi ,ll rulid untl propcr l)uyrttcnls rttutlc lo or on hchlll'ol'tJtc
('onl ruckrr undcr thc ('onsl rucl iort ('r)ntrilcl.
12.2 ('onslruction ('orrtrile l: 'l'lrc ilgrccnlcnl hclu'cctt thc
()u'rrcr untl tlrc ('()nlritcl()r ttlcltlrlrctl ort tlrc sigrtalurc l)aBc.
irre ltrtlirrg ult ('ortlrue I l)rrtrttcrtls untl cltuttgcs lltcrcto.
l2.J ('orrlnretor l)clault: Jiutlurc ol tlrc ('onlritclr)r. $lrit'lt lrls
ncithcr hccrr rcrtrctltctl nor \r lir ctl. ltl J)t rlornr ()r olltcru irc
Itl corrrply lrrtlt llrc lcnn\ ul tlrc ('on\lrttt'liott ('onlrirt'l .
12.{ ( )r,r ltcr l)cl;rull: I
jlrlurr' ol tltc ( )r,r ltcr. u ltit'h Jtlr ttcrlltct
l'lcctr rcntcrltctl lrrfr \\ltrctl. lo 1t.r1 tlrc ('ortlrlrr,'lr)r.r\ rc(lutrctt
lr) tlrc ('r)n\ltut'lrus1 ('onlrit\l ur lo;xrlorttt untl cotttPlelu rlr
r'orrrpl! \r rth thc .rlltcr lcrrttr llrcrcol
l\lol)lFl('A'l'IONS 'l'O 'l'lllS lX)Nl) r\Rt'. AS h'Ol.!.()tl S:
('oN't'RA("t'oR AS l'RlN('il'Al. SURI:l\',:('orrrpany: 1('orporalc Scall (irrrrParrl : {(irr;xrratc Sclll
Stgrurlurc:
Nurttc lrrttl 'l'rtlc
Atltlt c\\:
( ()Nl()RtUS l(),\ttllrRl(',\N lNSllltill: ()l AR('1ll'l l:('.1 l)(X'lltUl:Nl A lll. l)l:('l:t\llll:R ltrx{ I:l)l ll()N
I
('l l0
Power oi Anor:n"y
FIDELITY AND DEPOSIT COMPANY OF MARYTAND
HoME orFrcE, eelrurorej no.
KNow Au, MEw Bv Ttrssr PRssExrs: Thar rhe Ftoellrv rnn Drpostr Coupexy or MenyunD, a corporarion of the
State of Maryland. by C. M. PECOT, JR. , Vice-President, and C. trl . ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-[aws of said Company, which
reads as follows:
"The Chairman of thc Board. or thc Prccidcnt, or rny Erccutivc Vicc-President, or eny of thc Scnior Vicc-Prcsidents or Vicc-Prcridents
spccially authorized so to do by the Board of Dircctors or by thc Erccutive Committec. shell have powcr. by end with thc concurrcnce ofthc Secretrry
or .ny one of the Assistant Sccrctaries, to rppoint Residcnt Vicc-Presidents, Acsirtrnt Vicc.Prciidcntc and Attorncys.in.Fact rs the burincgs of th'c
Companv may rcquirc, or lo suthorizc any person or pcrsons to crccule on behelf of the Compeny any bondj, undcrlalinrs, recolnizenccs.
stipulations, policies. co-ntrscts. lgrcc-mcnts. decdc, and relceccc rnd assignmcntr ofjudgements, dccicca. moitgegcr end inrtrumcits in thi neture of
morttstes. . . . and to affix the scal of thc C.ompany thcreto.
does hereby nominate constitute and appoint E1i zabeth [,IeaEhers of FayetEevil le, Ar
agent and Attorney-in-Fact, to make, erecute, seal and deliver, for, and on itr behslfes surety, and ase
itsactanddeed:any and all bonds and undertakings, each in a penalty not tothesumofoNEHUNDREDTHoUSANDDoLLARs($too,000).exc eed
e executron of such bonds or undertakings in pursuance of these presents, shall be as binding uPon ssid
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the
regu larl y elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assistanl Sccrctary doec hcrcby ccrtify that thc rforegoing is a truc copy ofArriclc VI, Section 2. ofthc By-[^rrr ofseid Compeny, rnd ienow in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto eubscribcd their names and
affixed the Corporate Seal of the said Ftoeury AND DEposIT Couprny oF MARYuND, rhis
of ...........,..J..u-ly................. , A.D. 19..86...
18rh -----d"y
Arrrsr:FIDELITY AND DEPOSIT COilPANY OF
ln Trsrlnorv WHEnEoF, I havc hercunto rcr my hend rnd rffircd by Officirl Scel. rr rheCiry ofBrltimorc, rhc rnd yeer firgt ebove
Notary Public C(mmission
CERTIFICATE
. I. the underrigncd, Arsistant Scc.rclrry of thc Ftoerln AND DEpostr Couprny or Mrnyuxo. do hcrcby ccrtify ther thc oririnel porcr ofAl I ornev ol whrch I hG lorctotnp is e full. lruc and corrccl copy. is in full forcc end cffect on thc detc of this ccrtificere; end I do furrhericrrifv thet rhcv rce'rr.sldcnl uho crcculed lhe said Pouer oI Allor-neyfl! onc of thc tdditionrl Vice.Prcsidcnlr cpccielly rurhorircd by rhc Borrd of Diiccrorr torPPoinl rny Attorney'in-Frcl er providcd in Articlc VI. Scction 2 of rhc By-Lrur of rhc Floa:rr riro Deosn Coxprni or trfuniun-o.
,, T!s,S!1ificrt" m..y bc signcd by fecsimile_und9l lnd !y euthority of thc folloring rcsolurion of rhe Boerd of Direqorc of rhe Froulrv 111out:Poslr coMPAlY or MARYL^ID rr r mcerint duly callcd rnd hcld on rhe l6rh dey ofJuIy. 1969.
Rt:soLvED: "Thet thc frcsimile or mechenicrlly reproduccd rig-neture of rny Asli3r.nt Sccrctery of the Comprny. rherhcr nrdc hcreloforc orhareafler. wherevar eppcerin8 upon r certificd co.py o-f iny. porcr oT ettorncy ireircd by rhe C,ompeny'. rt .ii u. ,ii[Ji",i Ur;ffi "p"i ;i;6;;r;with the slme force rnd effca ei thou6h manurl[y rffirei.'
lr TfsrluoNY Wxeneor. I hevc hercunto subscribcd my nrmc end effircd thc corporrtc rel of the dd Comprny. thir....-...---...--.--..- &y
..1.9..9.A_
oI t 9.. ... ...
r.r{rr-.(.rl - L64-2236 AssLunt
IroR \'o['R I'l{o'l'1.)c't'loN L(x)K I.'oR'l'lll.] F&l) \\'.\'l'liR\l;\ltK
ll()Lll: ()l'l'l('l:
Fidelity and Deposit Company
OF' MARYLAttD B,lt.'t't,,t()Rt,. hu) )t:t).1
Payment Bond
Any singular rcf'crcncc lo Contractor, Surcty, Owncr or othcr party shall be considcred plural whcre appticablc
CONTRAC'IOR (Narne and Address):
HUNN I CUTT CONSTRUCT ION CO . , I NC.
2301 S. SCHOOL ST.
FAYETTEV ILLE, ARKANSAS 7 2701
Nrr,t: antl 'l-itlc: DON HUNN I CUTT , PRES I DENT
(Any adrlitional signaturcs ilppcar on pilgc 3)
SURII-IY Fidelity and Deposit Conrpany of Maryland
P.O. Box 1227
Baltimore, Maryland 21203
OWNtlR (Nantc and Addrcss):
C ITY OF FAYETTEV ILLE
1I3 I^l. MOUNTAIN
FAYETTEVILLE, ARKANSAS 72701
CONSTRUCI'ION CONTRACT
Datc: August 21 , 1997
Anrounr:Seventeen thousand two hundred do]lars and no/]00 ($tZ,ZOO.OO1
Description (Narne and Locationl: FAYETTEVILLE ENTRYWAY SIGNS,
FAYETTEVILLE, ARKANSAS
I]OND
Datc (Not carlicr than Construction Conlract Dare): AUgUSt 21 , 1997
Amounr: Seventeen thousand two hundred dollars and noll00 ($17,200.00)
Modil'ications to this Bond: Xl Nonc t I Scc Page 3
C0N'I-KAC-I'OR AS PRINCIPA[,SURETY
RUCTI0N C0.,INC. Contpany: Fitlclity and Dcposit Conrpany of Marylan<lCorlt['arly: H U[l CON
S:gnatut'c:Signaturc
Nanrc and Titlc:t^JEATH RS
ATTORNEY- IN-FACT
(r.()R INI"()R M A' I' I ( ) N ONL )'- Nrrnc. Arldrc.s.s aml'l'alcphonc )
A(;llN'l'or llROKliR: C)WNIiR'S RliPRIlSliN'fA'IIVU (Architcct. Iingintcr or
McCARTNEY-FAUCETTE INSURANCE, INC. orhcr party):
42BO GABEL DR., SUITE I
FAYETTEVILLE, ARKANSAS 72703
('oNlI)Ri\ls 'lI) ,\i\il.:Rl('AN lNs'r'r'r'U1'!,: o!' AR('1il'r'I.:(:'t' txx:t,Ntt:N't' A-3t2, t)u(:uNiltr:R tgtlt Et)t't'toN
nI
Co Sc;rl
I
('l lo I
l'l'lrc Contract(rr and thc Surcty. jointly and scvcrally, bind
tltctttsclvcs, thcir hcirs, cxccutors, udrninistralrlrs, succcssrlr and
Itssigns ttl thc Owncr ttl pay lirr lahor, ntatcrials and cquiprncnt lur-
nisltctJ lirr usc irr thc pcrlirrrnancc ol'thc Construction Contract,
which is incorporatcd hcrcin by rcl'crcncc.
2 With rcspcct to tltc Owncr, this ohligation shall bc rrull and void
il' tlrc Contracttlr:
2.1 l)rotttptly rrrakcs pu)'nrcnt, dircctly or indircctly, lirr all surns
tluc ('luirtturtls. arrd
2.2 l)clL'tttls. itttlcrturillcs ancl ltolds hunrrlcss tlrc Owncr l'rorrr
clairtts. tlctttuttds. licrts or suits hy uny pcrson or cntity whosc
r'litittt. tlcntutttl. !icn ()r srrit is lilr payntcnt lilr labtlr. rnillcrials
()r' cquiltrncnt lirt'rtisltctl lilr irt tlrc pcrltlnnuncc ol'thc Ctlnstruc-
liott ('rtttlt'rtcl. J)r'()\'itlcd tlrc Owlrcr lrls pr()nlptly notilicd thc
('onll':tr'lot'lttttl tlrc Surctl' (irt thc utltlrcss tlcscrihcd in P:rragraph
ll) ol'ltttt t'lltirtts. tlctturtttls. licrrs ()r suils urrtl tcntlcrcd dclL'nsc
ol sttclr t'llrittt:. tlcrttiuttls. licns ()r'suits ttl lhc Contraclor and
thc Stu'cl1 . l)t'()\'itlctl tltcrc is rro ()wlrcr l)clirult.
J \\'itlr t'csJ)ccl to ('lairttants. tlris ohligltion slrull hc lrull and void
il tlrc ('ottlritclr)r I)r()nrl)tl)' nurkcs J)it)'nlcnt. dircctly or indircctly,
Iol trll suln\ tltrc.
{ 'l'lrc Surcly' slurll ltuvc no ohligittiort to C'laintanls urtdcr tlris I}rnd
tr rrl il :
{. I ('lltirttitttls u'llr) at'c crttplo;'cd hy or lruvc u tlirccl contract
u'itlt llrc Cottlt'aclor lurvc givcn rtoticc to tlrc Surcty (at tlrc ad-
tlrcss tlcscrihctl in I)arugraplr l2) altd scrrt u c()py, ()r nrlticc
lhcrcol'. lo tlrc Orvrtcr. stutirrg thut a cluirrr is hcilrg rrrudc undcr
tlris llorttl untl. tvillt substurttiul ilccuracy. thc anrount ol' thc
cluint.
1.2 ('lrirttiutts tvllo do n()t lrirvc il dircct c()ntrilcl witlr thc
('otttritclrlr:
.l J-lavc lirntislrctl writtcrt ltoticc ttl thc ('ontructor and scnt
l c()l))', or ntllicc tJrcrcol'. lo tlrc Owncr. within 90 days
ulicr havirrg lust pcrlirrrttcd luhrr or last l'urrrishcd
ntalcrials or cquipntcnl irrclutlcd ilr tlrc cluinr stating,
witlr subslant iul accuritcy, lhc unl()r,urt ol' thc clailn antl
tltc ltatttc ol'tlrc purty t() wltortt thc nrutcrials wcrc l'ur-
rrisltctl or supplictl rlr lirr wlttlnt tltc labor was drlnc rlr
llcrlorrtrcd: arrd
.2 Havc citlrcr rcccivcd a rc'jcclion irt wlttllc or in part li'orn
thc ('ottlractor. or ntlt rcccivctl within 30 days ol' l'ur-
rrishing thc uhovc noticc arry conlnlr.rrtication l'rorrr lhc
Contruclor hy wlrich thc Crlrrtracltlr hus indicatctl thc
clairrr will hc p:rid dircctly or indircctly; and
.J Not ltaving bccn paid witlrin tlrc ahovc 30 dryl, havc
scnt u writtcrr rroticc lo lhc Surcty (al thc addrcss dcscrib-
ctl irr Paragraph l2) and scnt a copy, or noticc thcrcol',
to tltc Owrrcr. slilting that u clairn is bcing rttadc undcr
tlris l}rrtd arrtl cltclosing a copy ol'thc prcvious writtcn
rtoticc lirrnishcd to thc Contractor.
5 ll'a noticc rcquircd lry Paragraph 4 is givcn by thc C)wncr to
lltc ('ontrilctor or to thc .Surcty, thal is sul-licicnt contpliancc.
6 Whcn thc Ctainrant has satislled thc conditi.,nt ol'Paragraph 4,
thd Surcty shall glrornptly and at thc Surcty's expcnsc takc thc lilllow-
irrg actions:
6.1 Scnd an answcr to thc Clairttant, with a copy to thc Owncr,
within 45 days alicr rcccipt ol'thc claim, stating thc arnounts
that arc undisputcd and thc basis lirr challcnging any arnounts
that arc disputcd.
6.2 Pay rlr arrangc lilr payrttcnt ol' any undisputcd antounts.
7 Thc Surcty's total obligation shall not cxcccd thc anrount ol'this
Bond, and thc anrount tll' this Bond shall bc crcditcd lor any
plyrncnts nradc in gtxil lirith by thc Surcty.
8 Arttttunts owcd by thc Owncr to thc Contractor undcr thc Con-
structitln Contract shall bc uscd lilr thc pcrlornlancc ol' thc Con-
structitln Conlract and to salisly clairtrs, il' any, undcr any Con-
structitln Pcrlitrtttancc Bond. By thc Crlntract()r lirrnishing und thc
Owrtcr ucccpt ing this []ond, thcy agrcc that all l'unds carncd
hy thc Contractttr in thc 1,..-rlilrrnancc tll'thc Construction Contract
urc dcdicatcd lo satisly obligatitlns ol'tlrc Contractor and thc Surc-
ty urtdcr this []ond, suhjcct tu thc Owncr's pritlrity to usc thc l'unds
lirr thc ctlntplction ol' thc wrlrk.
I 'l'lrc Surcty slrall not bc liablc to thc Owncr, Cluirrrarrts or othcrs
Irlr obligatitlns ol'thc Contractor that arc unrclatcd to thc Construc-
tiott Contract. J'hc Owncr shall not bc liablc lilr paytncrrt ol'any
costs or cxpcnscs ol'any Clairttant undcr this Bond, arrd shall havc
undcr this Btlrtd tto ohligutitlns to rttakc paynlctrts to, givc noticcs
on hchall'ol', rlr othcrwisc havc obligations to Clainrants undcr this
Ilond.
l0 l'hc Surcty hcrcby waivcs noticc ol'any changc, including
changcs ol'tirnc, to thc Conslruclion Contract or to rclatcd sub-
contracls, purchasc ordcrs and othcr obligations.
I I Ntl suit or uction shall bc cornnlcnccd by u Clairnant undcr this
Ilond othcr than in a court rll'cornpctcnt jurisdiction in thc ltrcation
in which thc work rlr part ol'thc wrlrk is lrrcatcd or alicr thc cxpira-
tiott ol'ortc ycar l'rortt thc datc ( l) on which thc Clairnant gavc lhc
rtoticc rcquirctl by Suhpurugraph 4.1 or Clausc 4.2.3, or (2) on
whiclr thc last labrlr or scrvicc was pcrlirrrncd by anyonc or thc
last rttatcriuls or cquipntcnt wcrc [urnishcd by anyt]nc undcr thc
Construction Contract, whichcvcr ol'( l) or (2) llrsl rrccurs. Il'the
pr()visions ol' this Paragraph arc void or prohibitcd by law, thc
rttinitnurtt pcritil ol'lirnitation availablc to surclics as a dcl'cnsc in
thc jurisdiction ol'thc suit shall bc applicablc.
12 Noticc to thc Surcty, thc Owncr or thc Contractor shall bc rnailcd
or dclivcrcd to the addrcss shuwn on thc signaturc pagc. Actual
rcccipt ol'noticc by Surcty, thc Owncr or thc Contractor, howcvcr
accotllplishcd, shall bc sul'licicnt conrpliancc as ol'thc datc rccciv-
cd at thc addrcss shtlwn on thc signaturc pagc.
l3 Whcn this Bond has bccn lurnishcd to conrply with a statutory
or othcr lcgal rcquircntcnt in thc klcation whcrc thc construction
was to bc pcrlorntcd, any provision in this Bond conllicting with
said statutory or lcgal rcquircrttent shall bc dccrncd dclctcd hcrcliorrt
and pnrvisions conlbrrning to such statutory or othcr lcgal requirc-
nrcnt shall bc dccrncd incorporatcd hcrcin. Thc intcnt is that this
Bond shall bc construcd as a statutrlry bond and not as a cornnlon
law bond.
('()NFoRI\4S'l'() AMI:RI('AN INS'l'l'ILJ'l'll Ot' ARCHI'llacl' DOCUMEN'f A-312. DIICEMBIIR 1984 lll)ITION
2
('.1lo I
l{ t ;t,,n tt'rltrr.'rl lrr .il1\ fx.trr}n or r'nltl\ .tl)f\'.ililtF lrr lrC il lx)lCn
lr.rl l)t'nr'lrr r.rr\ rrl tlrr. lIr;g,1. llrr'('ortlt.tt'lur rlr.rllproilrl)ll\ ltrilurlr,
.r r r,lt\ ttl llrt. llrr11.; ,,, .lt.rll lt.'lttlll .t tu;)\ lrt lrt' tll.trlC
r5 l)l.l.l\lll()\s
15.I ( l.run.url ,\tr nrtlrr rrltr.rl ot e nltlr lr.r\ nt.t! lt tlu'cr't t'rttl
Ir.rr I rr tllt tlrr' ( onlt.tr lrrt rrt rr tllt .t rltlrtrrnlt.tr'lrtl ol llle ('ott
lt.r. lrrt lrr llttttt.lt l.rlrut . ttt,tlt't l.tlr ot t'rltltf)ttlr'tll ltrl ttrg ltt lltr'
lt.'tlonn.r;1, 1 rrl tlrr ( rrnlt.t\ l Ilr,.' rnlr'ttl r,l lltt. llrtttl rll.tll lre
lu urr lurlr' rr lllrlrtt ltnltl.lltoll ltt lltt'lr.'tntr "l.rltot. ttt.tle lt,tlr ot'
t'tllillriltr'ltl llr.rt l).ttl ill t\,rlr'1. S.t\.lht\\r'1. lrr:lrt. ltc.tl. ()ll.
:t,t:rr!!nr'. lr'lt';tltrfrtr' \r'r\ ttt'trt tr.'tll.rl ctltul)ntr'.ttl ttrctl ttt lllc ('olt
slr trr. lro11 ( 'ottlr.tt'1 . .il,. lttlct'llil.rl lrtt,,l cntl ilrce nnt: \cr'\ re cs
S rg rurlu rc:
Nurrrc lrrttl 'l'itlc
,\tltlt'cs\:
rc(luil'ctl lor grrlorrnilnec ol l,ltc \t'(frk atl' llrc ('rfntt'ilr'l()r ull(l
llrc ('onltitr'lt)t'\ \ulx'()nlt'itt tors. lrtttl ull tltlrcr itcttts lirr u lriclr
l'nlct'lriurit"r lrclt nr.r\ lrc ir\\cl'lctl rlr tlrc jtrristlictiott u ltctc
tltc l;rlrol'. nr;rlt. t'ills ()r c(lr,tilltttcttl wcrc l'urltisltcd.
!5.2 ('o1111t'ur'lr()n ('orrlrilcl:'l'lrc ilBrccnlcnt lrctuccrt tlrc
( )rr lrcl lrrrtl tlrr' ('r)!llt'.tr'l()t itlcrttiljctl (ftl llrc sigttulttrc l)agc.
rrrt'lrrtlrrrp .tll ('ortlnreI l)or,'r,rnlcnls iuttl eltutUlcs tltcl'cto.
l5.l ( )rrrrcr l)clirtrlt: Jj;rrltrrc ol tltc ()u'ltcr. \Allir'lt ltls rtcitltcr
lrccrr t'crrrctlictl rror uirivctl. lo Puy lltc ('ttttlt'letttr :rs rcquircd
tr) lhc ('()nslt'rrr'liorr ('()ntruct ()r l() pcrlirrru und c()nll)lclc or
c()nlpl)' rr itlr tlrc otlrcr lcrrrts lltcrctll'.
\l()l)ll' l(' \'!'l()l\S'l'()'l lllS ll()Nl),tRl'.,tS l"()1,1.()\1'S:
{SP;rtc rr Plovirlctl hclorv lirr ltltlitional signaturcs ol atltlcd purtics. othcr lhan lhosc appcuring un thc covcr pugc.)
('( )N l ltA('loR AS I'>RIN('ll'Al. SLlRl:'l'Y:
('orrrp;ur\: (('orporatc Scal) ('onrparty: (Corporatc Scal)
Signuturc
Nurrrc anrl 'l'itlc
Atltlt'css:
( ()\l(,lt\ls l() .\Ill kl( \N lNSllllill: ()l AR( lllll:('l lX)('lllrll:N.l A.tl:. l)l:('l:trllll:R l9tl{ l:l)l'll()N
.l
( {|il I
a
Power oi Attorn"y
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
xour orrict, elnr,iorti mo.
Know ALt MEN By THESE PRusexts: Thar the Ftosrny rxp Dnposlt Couprruy or M,rnyLrxD, a corporarion of the
StateofMaryland,by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-[aws of said Company, which
reads as follows:
"The Cheirman of the Boerd, or thc Prcridcnt, or rny Erccutivc Vicc-Presidcnt, or rny of thc Scnior Vice-Prcsidcnts or Vice-Preridente
specially authorizcd so to do by the Board of Dircctors or by thc Erccutivc Committcc, shall havc powcr. by and uith the concurrcnce ofthc Sccretery
or any onc of thc Assietent Sccrctaries. to appoint Rccidcnt Vicc-Prcsidcnle, Assistrnt Vicc-Prcsidcnts and Attorneys-in-Fect as thc busincgs of tht
Company may requirc. or to authorize sny Ircrson or pcrsons to crccutc on bchalf of thc Company any bonds, undcrtakings, recognizlnces,
stipulations. policics, contrrcts, sgreemcnts, deeds, and relcascc and essignmcnts ofjudgcmcnts. dccrccrr morttrte end instruments in thi nrture of
morttsges. ... and to affix thc seal of thc Company thcreto."
does hereby nominate constituteand appoint Elizabeth Weathers of Fayett.eville,
agent and Attorney-in-Fact, to make, execute, seal and
its act and deed: any and al 1 bonds and unde rE ak ings , ea
IhC SUM O f ONE HUNDRED THOUSAI.ID DOLLARS ( $ T OO , OOO )
of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as ifthey had been duly executed and ecLnowledged by the
regularly elected officers of the Company at its office in Baltimore, Md., in their own prop€r persons.
The said Assistent Sccrelery does hcrcby ccrtify thet thc eforegoing is a truc copy of Articlc VI, Scction 2. ofthc By-Irrr ofseid Comprny. and ia
now in force.
Ix WtrxEss WHrngor, the said Vice-President and Assistant Secretary have hereunto subscribed their names end
deliver, for, and on its behalf as surety, and as
ch in a penalty noE Eo exceed
affixed the Corporate Seal of the said FIDELITY AND DEposIT Couprxy oF MARyIJtNp, thig
or..............J..u-1y................. , A.D. 19..8.6...
ATTEST:
FIDELITY AND DEPOSIT COUPANY OF DIAR
l8r d"y
C tr) Q*e;*
YIJ\NILoM
By
Sr,rre oF MARYLAND
Ctrv oF BALTTMoRE
Assistant *cretary Vbe-hesibtt
Onrhlg 18th dayof JuIy ,A.D. 1986 .bcforcthcsubscribcr.aNoreryPubticof rhcStrrcof Mervhnd.in
and for the City of Brltimorc. duly commisrioncd and quelified. crmc thc ebovc.nrmcd Vice.Prcridcnt end Aelistrnr Sccrcterv of thc Fro6:rv ino
DEPoslT CoMPANv or MirnvLrt{o. to mc personrlly Lnoin to be rhc individudc rnd officcrs dcscribcd in end rho crccutcd thc oicccdinr inatrurtrcnr.
and they c,!ch acLnowlcdgcd thc crcculion of thagemc. end bcin6 by mc duly sworn. scvcrrlly end erch for himsclfdcporcth ind rdthili.it[ir--.
rhe sid officcrs of the Comprny eforcuid. end rher the scal effiicdto the picccding instrumtnl is thc Corporrre Scrl'ofreid C-omo.rr. end rh.i rho
seid Corporrlc Seel end thcir rignelurcs rs such officers rcrc duly effircd rhd subsciibcd to thc srid inrrruircnt by the ruthoriry rird diiccrion oft5i
said Corporrrion.
lN TFsrlMoNY Wnennor. I hevc hcrcunro.a my hud end affircd by Official Scrl. rnhe Gty of Belrimorc. rhc rnd fint
Notary Public C(mmission
CERTIFICATE
I, the-un-dcrsigned. Asristent Sccrctery of thc Ftoetlty AND DEposrT Coup,uy or Mrnvuxo. do hereby ccrrify rhrr thc oririnrl porcr ofAttorney of which the forqoing is r full. truc end corrcct copy. ir in full forcc rnd cffcct on rhc drtc of thir cerrificete: eid I do furrhcricrrifv thet thcvrce'rresrd"nl rho erccut2d lhe srid Porcr of Allorncy !.s onc ofthe edditionrl Vice.Prceidcntt rpccielly rurhorircd by rhc Bord ofDiicctorr toapPoinl rny Attorney-in-Fect er provided in Arricle Vl. Secrion 2 of thc By.lrwr of rhe Floa.ry r'r,ro Deosrr Conprn{ or U6iur1b.
-- This_ Ccrtific.le lnf y bc signcd by frcsimile undcr end by ruthority of the foltowiq rcsotution of r hc Borrd of Dirccrors of thc Flou.rrv rnoLrt:Poslr uottP^NY or M^RytrND rr r mcctinE duly cellcd rnd held on rhc l6rh dey of JuIy. l!XD.
Rtlsol.vED: "Thrt thc fecsimile or mechanicrlly rcproduccd signrturc of uy Assiltrnr Sccrctrry of rhc C-omprny. rhcthcr ne& hacloforc orhcrca.fler. wherever rppcerint upon. certificd co.py o-f iny porcr oienorncy imi.rcd by rhc Compeny. rh.ll bc vrl'id r;d fi.a"r6 rfti iir; C";;;;wilh th? slmc force end effect rs though mrnuelly effircd."
lN Tf,srlMoNY WHEnEor. I hrve hcrcunto rubscribcd my nrm? rnd rffired the corporrtc scrl of thc nid Comprny. rhic..--.-...---..--..--.. dry
()[
t
I
SS:
19..
Lrrnnr-(rrf - 16 4-2236 /slgp,nt
IiOR \'Ot' R I'l{O'l'Fl("1'lO\ LOOK I"OR'l'l l 11 If&l) \\'rYI'EI{\l:\l{K
!
it
t
Thi; document has imponant legal conscquences: consultation wi th an attorney is ,cncouraged with
respcct to its comple tion or modification.)
STAT.{DARD
GENERAL COI{DMIONS
OF TIIE
CONSTRUCTION COWCT
Prepared by
Engineers Joint Contract Documents Committee
I
II
a
It
I
.l
a
,
aIt
Il
\
Issued and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A-practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
and
I
a,
!a
.n
This document has bccn aPProved and cndorscd by
These General conditions have bccn prcparea for usc with thc owncr4ohtrictor Aglecmcnts (No' l9lG8-A-l or
lgtO+A-2) (1990 Btitions). Thcir provisions arc intcrrclatcd and a change in one may neccssitate a changc in thc
othcrs. Comments conccrning their usagc are contained in the Commcntary on Agrccments for Engincering
ScrviccsandContractDocuments(No. l9lC9)(l986Edition).Forguidanccinthcprcparationof Supplementary
Conditions, see Guide to thc Preparation of Supplcmentary Conditions (No. 19lGt7) (1990 Edition). When
bidding is invotved, thc Standard Form of Instructions to Biddcrs (No. l9lGl2) (1990 Edition) may bc used.
TNGINEERS
I
.t
'l
'1,:
I
a'
rqJrOCD
AXERTCIX
socttTY 0f
CML
txoHEERS
The Associatcd Gcncral Contractors of America
a
I
I
a
:
a,
r-a
I
f
I
a
t
,
a
I
I
Bid
Bidding Documents ..
Bidding Requircments
Bonds
Change Ordcr
Contract hcuments . . o . . .
Contract Pricc '. .'. o r. . . . . o .
Contract Times ........
CONTRACTOR
defeiili;e ...........
Drawings ...... r..... r.........
Effective Date of the Agreement
ENGINEER
ENGINEER'S Consultant . . . .
Field Order ..
[-aws and Regulations; Laws or
Regulations
Liens
Milestone
Noticeof Award......,
Notice to hocccd ............
OWNER
Partial Utilization .... o... r.....
rcBS . r...............
Fetroleum
hoject .......,. r......
Radioactive Material
Residcnt hoject Reprcsentative . . . . . . .
Samples
Shop Drawings ... o..
Specifications
Subcontractor
Substan tial Completion
S u pplementary Conditions
Supplhr
Underyround hcilities
Unit hice Work
Work
Work C-hange Drective
Wrinen Amcndment
2. PRELIMINARY MATTERS
Article or Paragraph : page
Number &. Title N umber2.12.7 Bcforc Staning Construcrion:; COI\IRACTOR's Responsibiliry ro
Report: Preliminary Schedulcs :
..; Dclivery of Cenificates of ... ; .,,.
- 2.8 .. heconstntction Confercnce ... o . ...;.'. . t-s
3. CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE .....I " O .......
3.1-3.2 Intent ..
3.3 efercncc to Standards and
Spccifications of Tcchnical Socicries :
Reporting and Resolving
Discrcpancies :. .. .. . . .
Anicle or Paragraph
Numbcq &, firle,I. DEFINT IONS ..'.
.t Addcnda
.2 .\. .- .. Agrecrncnt .'..
.5
TABLE OF CONTENTS OF CENERAL CONDITIONS,
Page
Number
t3
l3
t3
I3
t3
I3
t3
I3
I3
I3
t3
I3
I3
r3
r3
I3
I3
I3
I3
I3
I4
l4
a
I
t.6
t.7
1.8
1.9
I.l0
l.l I
l.l2
l.13
l. t4
l.15
l.16
I .17
l.l8
l.lg
1.20
l.2l
1.22
r6
r6t
ra
4. AVAII-ABILITY OF LANDS: SUBSURFACE AND
PFTYSICAL CONDMONS : REFERENCE POINTS .
Intent of Certain Tcrms or Adjcctives . .
Amending Contract Documents . . . o . o .
Supplcmenting Contract Documents . ..
Rcuse of Documents . .. . ..
Availability of L^a.nds .
Subsurface and Physical Conditions
.Reports and Drawings
Limited Reliance by CON IRACTOR
Authorized; Technicaj Data . . . . . . . . .
Noticc of Differing Subsurface or
Physical Conditions
ENGINEER's Review ........ . . r .. .. o
Possible Contract Documents Change .
Possible hice and Times Adjustmenrs .
Physical Conditions-U ndergrou nd
hcilities
Shown or Indicated4.3.2 Not Shown or Indicaled
4.4 Refcrerrce Points .. .
3.4
3.5
3.6
3.7
4.1
4.2
4.2.t
4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
4.3
4.3. t
4.5
5.1-5.2
5.3
5.4
5.5
5.6
5.7
I6
t7
l7
l7
t7
l7
l7
t7
t7
I8
1.23
1.24
t.u
t.26
l.z7
t.28
1.29
1.30
r.3t
1.32
I.33
-l .34
1.35
t.36
1.37
I.3E
1.39
1.40
I .41
1.42
t.43
1.44
1.45
20n
I4
l4
l4
l4
l4
I4
t4
l4
l4
l4
l4
l4
t4
l4
l4
l4
l4
I4
I4
l4
I4
r5
I5
I5
I5
r5
I5
l8
t8
I8
I8
t8
I8
t9
r9
I9
,. . ," '. Delivery of Bonds .. .. ..
Copes of Documents ll
ComrneDoerrcnt of Contract Times;
Noticc to hocccd
Startirg thc Work ..
5. BONDS AND INSURANCE
krfonnance, hyrncnt and Othcr Bonds .
Ucenscd Sureties and Insurers;
Cenificates of Insurancc . . . . . ., . t . . o
CONTRACTOR's I iability Insurancc, .
OWNER's Liability Iruurancc . .... .. o
hopeny Insurance
Boilcr and Machirrery or Additional
hopcny Insurancc5.8 Notice of Cancellation Provisircns . . . . .5.9 CONTRACTOR's Responiibility for
Huctible Amounrs
5. l0 ..:' :. Other Spccial Insurance
Asbestos. PCBs. ktroleum, Har^rdous
Waste or Radioactive Matcrial ..... .
20n
2t
2l
2.1
2.2
2.3
2.4
2t
2t
I5
I5
22
n.
225.il
t.
\
Waivcr of Righs
aaaaaoaaaaa
.i
aaaaao
aaaaao
-I
a
i
a
a
;
I
Articlc or ParagraPh
Numbcr &, Title
l3:4' " :i,..OWNER's Responsibilitics:rr '. j' Indcpcndcnt Testing l-aboratory .
Articlc or ParagraPh ' '
Numbcr,& Title
14. 12 Final Application for Payment
. Page
Number N umber
Page
40
40
40
40
40
40
4t
4t
12
42
4?.
47,
42
42
CONTRACTOR's Rcsponsibilitics o o o o o. 36
CovcringWork'Prior to lnspection,, ;".,: f:: ':. .
Tcsting oi Approval ''... o. o.;.'...'.:.'..'.' ; 36
Uncovcring Work at ENGINEER's l'' ..
RCqUeSt .. o............t. i.1...';.1 .'.tj. 36
OWNER May Stop the Work .'..... .'. ; 36
Correction or Rcmoval of Defective " , -
WOrk . ... .. .......... o......'.. i....'. i 37
Correction Feriod . o. ...'................
Acceptance of Dcfcctive Work .. .... . . 37
OWNER May Corrcct Defectivc
Schedule of Valrcs .. . ....
Application for Progrcss Paymcnt ., . . .
CONTRACTOR's Warranty of Titlc . . .
Rcviiw of Applications for '
Praogrcss Paymcnts .. .. r... .........
14.& 14.9 Substantial Completion
14. l0 Partial Utilization
14. ll Final Inspection
36 ' " " t4. lll4. t4 Final Payment, and Acccptance . .
Waivcr of Claims
15. SUSPENSION OF WORK AND . .
TERMINATION
I ':.'i i'
15.l OWNER MaySuspcnd Work ...o.....
15.2-t5.4 OWNER Mal,Tirminate ., . . . . .'.'.'. . :'. .
t 5.5
16. DISPI.'TE RESOIIJTION
17. MISCELLANEOUS
l7.l GivingNotice o.......
17.2 Computation of Times
17.3 Notice of Claim
17.4 .-Cumulative Remedies
17.5 Professional Fecs and Court Costs
Includcd .......
I4. I5
a
I
,
?
i, .i
t 3.& 13.9
:. ;
13.10....
T-?. T T
13. l2
13.13 '. . :
t3.14
l4.l
14.2
14.3
14.+14.7
WOfk .'.... i o r....'.'....... i 37
37
37
3E
38
3E
39
39
39
EXHI B IT GC-A (Optional):
' Drprte Rcsolution Agrcemcnt (Optionhi)
t6.t-16.6 Arbitr:ation ..............'
16.7 Mediation
..'... GC-AI
..... GC-At
GC.A2
)t
a
a
I
3
I
aaaaaaa
:i
Commencemenl of . .2.3
definition of ..........................
CONTRACTOR_
Acccptance of Insurance ...... o.. .. .. ..... o..... ....5.14
Limited Reliancc on Ti:chnical Data Authori?d .... . 4.2.2
Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.2, 6.9 .2
Continue Work .............. o............. o. o. 6.D, I0.4
coordination and schedulirU. .6.9.2
definition of ..r........ t.13
May Stop Work or Terminate .r 5.5
providc site access to others . 7 .?, 13.2
Safety and Protcction .... ...4.3.1.2,6.t6,6. 18, 6.214.23,
7.2, 13.2
Shop Drawing and Sample Review hior to Submittal . 6.U
Stop Work rcquircments ....................o... ... 4.5.2
CONTRACTOR's,-
Compensation ... o....... r.......... r...... o.... I t.t -1 1.2
Article or Paragraph
' I N umber
For Acts and Omissions of Others .. ... 6.9. l-6.9.2, 9.13
for deductible :unounts, insurance ..., o.... ......... 5.9
general ....... . 6. '7.2r 7.3, 8.9
,.....ot....6.22
. . .. .. . 6.31{.33
. .. .... .. 6.3{.5
Laws and Rcgulations . . . .. .. . 6.14
Liability lnsurance ................................. 5.4
Noticc of variation from Contract hcuments .... . 6.27
Patcnt Fees and Royaltics . . .o. . . . . o ! 6.12
Hazardou s Commu nication hograrns
Indemnification ........ .....7
[-abor. Materials and Equipmcnt ......
Fermits.... ......r
hogressSchedule ....
Article or Paragroph
N umber
l.l2
........6. 13
.. 6.6
Continuing Obligation
Inspcction of the Work .........
Labor, Materials and Equipment
Defective Work .................... -..... 9.6, 13.tGt3.l4
Duty to correct defective Work ................... o. t3.t t
Duty to Repon-
Changes in thc Work causcd by
Emergency ..........o..............r.......... ... 6.73
Defects in Work of Othcrs ........................ .7.3,
Dffering conditions .. ....................o..... .. 4.2.3
Dscrcpancy in Documents o . . . . . . . . .. 2.5, 3.3 .2, 6.14.2
Underground Facilities not indicatcd 4.3.2
Emergencies ................................ o....... 6.73
Equipment and Machincf Rental, Cost
of the Work ......o............................ 11.4.5.3
Re-{ost-Plus ....,.il.4.5.6, ll.5.l, ll.6
Gcneral Warranty and Guarantee,. ...- .. ............ 6.30
H? -^rd Comm unication Programs 6.22
Indemnification ........... o.......... 6. 12, 6.16, 6.31{.33
Record Documents o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. t 9
rclatcd Work performed prior to ENGINEER's
approval of requircd submittals ....... . . .. .... .. 6.28
safe structural loading .. o..... ...... o..... ........ 6.18
Safety and Protection ...... ........... .. . 6.20 .7.2. 13.2
Safcty Reprcscntativc .... ......................... 6.21
Scheduling the Work ..... ......6.9.2
Shop Drawings and Samples .... ..............., .. 6.24
Shop Drawings and Samples Revicw
by ENGINEER ............o..... o.o....... o..o 6.26
Site Cleanliness 6.t7
Subminal Proccdures .......
Substitutc Construction Methods and
hocedures .... ...o
Substitutes and "Or-Equal" ltems ...
Supcrintendence . . : . . . . ....... . o
Supcrvision ............ .........
Survival of Obligation s ..........6.14
Ta,res . . 6.15
Tests and Inspections .. .. ......................... t3J
TO Report ......... o..........o.......o.....r..o.. .2.5
Usc of Premises .. .. .. .. ....... r 6.1ffi.18. 6.30.2.4
Review hior to Shop Drawing or Sample Submittal .. 6.Zj
Right to adjustrnent for changes in the Work ......... t0.2
right to claim .. 4.7.1. 9.4, 9.5, 9. I l, t0.2, I1.2, I1.9. t2.t,
I3.9, t4.8, l5.l, t5.5, 17.3
Safety and Protection .6.20{.72,7.2, 13.2
Safety Representative ...... .. ... o......... o......... 6.2t
Strop Drawings and Sarnples Submittals ... . ... . . 6.2#.U
Special Consultants . . . ..i........11.4.4
Substitute Construction Methods and Pnocedures ... . . 6.7
Substitutes and "Or-Equal" ltems, Expcnse . . 6.7.1, 6.7.2
Subcontractors. Suppliers and Others . .. ... . .. ... 6.E{.1 I
Supcrvision and Superintcndencc . . . o . . . . . . . 6. l, 6.2, 6.21
Thxes. Payment by ......... o....... r...... o. o....... 6.t5
Usc of hcmises 6. !ffi.18
Warrantics and Buarantees .. .... . o. ......... o... 6.30, 6.5
Warranty o[ Title .......14.3
Written Notice Required-
CONTRACTOR stop Work or terrninate ........... 15.5
Repons of Differing Subsurfacc and Physical Condi-
tions ... 4.2.3
Substantial Complgtion ..... .. . . o..,,14.8
.... ... 6.9.2 CONTRACTORS--oIhcr . . . . . . .
t4.15
......6.25
o ... . 6.7.2
.....6.7.t
.... r..6.2
6.r
7.3, 13.4,
.. 6.H.5
Laws and Regulations, Compliance by ......o.o....6.14.1
Liability Insurance ........5.4
Notice o[lntent to Appeal ...o............o....9. 10, 10.4
obligation to perform and complcte the Work .....o..6.30
Patent Fees and Royalties, paid for by
Performancc and Other Bonds ............ ..... o.... .. 5.1
Permits. obtained and paid for by ....................6.13
Progress Schedulc .. o. .2.6,2.8, 2.9,6.6, 6.D, t0.4, 15.2.1
Request for formal decision on disputes .........o...9.t1
Responsibilities-
--Changes in the Work........
Concerning Subcontractors, Supplicrs and Othcn . 6.8-
6. II
Continuing the Work ........ o............. o o 6.D, 10.4
CONTRACTOR's expense . .6.7.1
CONTRACTOR's Gencr:al Warranty and Guaran-
tee......6.30
CONTRACTOR's review prior to Shop Drawing or Sam-
ple submittal 6.25
Coordination of Work
Emergencies ., . o.
ENGINEER's evaluation, Substitures
or t'Or-Equal" ltems . .. o.. o.. . ... . .... .. .. .. .. 6.7.3
.. .. , 6.23 Contractual Liability Insurance . .. .... ...... o........ 5.4. l0
Contractual Time Limits ...............,.
Coordination
6.t2
l0.l
7
6
12.2
j
t
I
-I
I
r<I
,I
Ia
' 'ENCINEER's responsibility".'::.'..'.,'. 9.8. 10.41'l1.3. 12. I: ' execurion of ....... r.......,........ .'..'.ii.'.:1.'".'::.:.. lO.4
.-' indcmnification . .. .. ..
lnsurance. Bonds and
t.'Cost Records -...o...
dcfinirion of .. .. . .'....
'''' t' en'tergencic.s
OWNER's Responsibility . . .';
Physical Conditions- "
Subsurface and
against CONTRACTOR . . . .
against ENGINEER ........
against OWNER .... o........... o...
Changc of Contract Price ...........
Value of ... . o . . .. o..... o . . . o
Waiver of--on Final Payment
U ndergrou nd Facilities ....t..t..':.. 4.3.J
Rccord Documenl,s .
Unit Price Work ..o....
6. l9 Confercnces,-
2.)
prcconstrucuon .. .2.8
. . I 1.9 Conflict. Error. Ambigxrity, Discrcpancy-
CONTRACTOR to Report 2.5.3.3.2
Construction. bcfore starting by CONTRACTOR ..'.. 2.5-7.7
Construction Machinery, Equipment, etc. ......... o.... . 6.4
'." ' Finrl tnspection
" Final Paymcnt and Acceprancc .
:'. :'.'.-'.:'. 5.10. 5,13. 10.5' .1 Panial Utilization
OwNER may tcrminate .. .. .. .. .... . i'.'.'.'.'l . :'.':': t5.2-15.4
a
I.:
'l.l
i. ,:': '
a 4.2 Conccrning' Suppliers
Subcontractors
and Othcrs 6.K. Il
I,
value of Work. covered by
Changes in the Work . . ..... .::... o.. t0
Notification o[surety ..o...........'................. 10.5
OwNER's and CONTRACTOR's responsibilities .... 10.4
Right lo an adjustment .....'... :..........'...'.....'... 10.2
ContinuinB the Work
Contract Dccuments-
Amending .... o.
Bonds . . .. .. .. ..
Cash Allowances
gencral
lntent
minor variations in thc Work .
OWNER's rcsponsibility to furnish data
OWNER's responsibility to make
prompt paymcnt
precedence
Record Documents ,.o..
Refcrcnce to Standards and Specifications
. ll.3
,'......6.t6
o.....6.32
............. 6.32
.........9.4. ll.J
I t.3.2
6.29, 10.4
I
I 1.8
3.5
5.1
9.1
E.3
3.3
Change of Contract Times . . . . .. .
CONTRACTOR's 4. 7.1 .9.4. 9.5. 9. ll. 10.2. 11.2. 11.9.
ll. l. 14.8. 15.1. 15.5.17.3
CONTRACTOR's Feg ....r........ o............... o. ll.6
CONTR.{CTOR's liability .. .... .. ... . 5.4. 6.lf. 6.16. 6.31
Cost of the Work ....... o...... o........... .... I 1.4. I 1.5
Decisions on Disputes 9.1 l. 9. 12
Dispute Resolution r............. . ... .......:... o... o 16. I
Dispute Resolution Agrcemenl .. : . .........,. ... l6.l-16.6
ENGINEER as initial interpretor .... o.... o.......... 9. I I
Lump Surn Pricing .
Changc of Contract hice .......o............ ;..'.... o. I I
Change of Contract Timcs .... oo.o.............. o..... 12
Changes in the Work .......... o.. o............. 10.+10.5
9.4. I2.l checkandvcrify....2.5
Clarifications and Interprctations . . . . . . . 3,2, 3.6, 9.4, 9. I I
dcfinition of l.l0
ENGINEER as initial interprcter of ...... o........ .. 9.1t
- ENGINEER as OWNER's reprcscntative
.......3
.. a........ r.. .. ...... o.. o. . . .. 5.3
3. I -3.4
......3.6
-tI NOticg Of o.. .. .. .. ...... ...... ...... o............... 17.3
OWNER's ........ ...9.4.9.5.9. ll. 10.2. 11.2. 11.9. l?.1,
owNER's riabiritv . . . . .. . . . .. . . ... ]l.l:.'.1'.':.'. l]:li:.'l:i
8.3, 14.4. I 4. I 3
. . 3. t. 3.3.3
6. l9
'7 .2
2.5, 3.3
3.7
3.6
8.2
I t.9
variatiOnS o... o... .. o. r... ........... o '.. '. 3.6, 6.23 ,6.27
Visits to Site. ENGINEER's .. .......
Contr:act Price-
9.2
Work Change Directive
writtcn noticc required
10.2
Clarifications and lnterprctations
Clcan Site . .. .. ..
Codes of Technicat Society. Organization or ' . I
a'Commencement of Contract Times - , .,.
OWNER may refuse to make payment t4.7 of Tcchnical Societics
Professional Res and Court Costs Included ....... o.. 17.5 Relatcd Work
request forformal decisionon .... ............9.t1 RcportingandRcsolvingDscrcpancics
Substitute items .. . ..... .... .. .. 6.7.1.J Reusc of
Time E,rtension ..l2; I Supplemcnting
Time requirements ......9.11. l2.l Termination of ENGINEER's Employnrcnt
Unit Price Work I t.9.3 Unit Priee Work
.......r ....... ]';.... I 1.3
.'. 14. 14. 14. l5
EI
3.5, 4.1, 9.4, 10.3. I 1.2- l 1.3
3.6.3. 9.4. 9.t I ' Change of II
. 6,17 Decision on Disputcs ..... o................,......,. 9.1 I
' dcfinition of ....
Contract Times,-
l.ll
,...^. . r.2.3 adjustment of ...... r., o...'.... o.... 3.5, 4.1; 9..11 t0.3, 12
:t
ir'
a a a aa aaa.aaa
I 1.7
. . . . . . . . .'.. . . . . 1.9
.:t. .l .". .t A ?1
a a a a . a o a I a a a a a Va-J
Article or Parograph
N umber
'gcncral
Hazard Commu nication Programs
Complet,ion-
Final Appiication for Paymcnt ,..
1."' Substanrial Complction; ;'Waiver of Claims . . . . . .
'iomputation of Times
Anicle or ParagraPh
N umber
. . ...... . 6.2. 6.9.J. 8.1
6,D,
aaaaaaa
. .
.-.-i '. ,
. 14 .12
':14. ll
14.13-14.14
. ... . .. .. o. .'.':t t4.10
i..',.1.38. t4.8-14.9
'....-.... 14.15
17.2.1-17.2.7
'?:
.-a
a
Communications-
5
Changcof........12.l-12.4
: r..'
t
I
)
:
aaa
t
Articlc or
Rcfcrcnce to in contract Documents' . . " " " " " o'
Article or Paragra.Ph
N umber
lnspcctions, tests ard aPpro,als' o " "' o "" " :i " 8'7' l3'4
Liability lnSUfanCe .... o.... .. " " " " " " "" ''" ""i ' 5'5
NOtiCe Of DefeCtS o........... " .{ " ' o 'oo".... " " " t3't
ENGINEER's Status . . . . o . . . . . . . . . . . . . . . . . . o". . - '.' 9' l
Rcsponsibilities'- : -'
Asbcstos. PCB'S. htroleum. Hazardous' -' : '
' Wastc o; n"Oi*cdvg Matcrial "o"'-"",."''':' 8'10
. Ch;a-OnOaa, o...."o""""""""".."""'" 8'6
changes in thg work ....................'.."""'' l0'l
@mmuniCatiOnS ... o.. o "" """".. .."o""" "' E't
coNTRACToR.snesPonsibilities...............o..8.9
_ evidence oihnurcial alTangEments, . . . . . . ; .'. . : - : . . E- I I
. ot
. inspcctions' tests and approvals 'o".."o..'"''"'' 6'/
lnSurance t"''""""ott"r"'o"t"""""""ot 8'5
tandsandcas€ments.............'o............o....8.4
pfOmpt payment by_.. o......-.............." " " "' 8'3
rcplacgmgnt Of EI.iGINEER 1...... . ...... '. " " " " E'2
fepgffs and tests . . . . . . .. o. .. .. o o o ' .. " " " ' o ' ' ' ' ' ' ' E'4
stop or suspcnd Work """..""".." t't' l3't0' "'lkrminatecoNTRAcToR.sscrvices.........,t.t.t5.2
seParate rePnesentative at' site """o"'o"..""""' 9'3
indepcndgnt testirrg o....o. o..... o... '... " o'::" " " l3'4
ParagraPh
Number
Miscellaneous'-
Computation of Times "'o""'
CUmUlatiVg Remedies ....o..........' ""'o.."'
GiVing NOtiCe ........ o... o,...... ' ' tt tt 't ' ' ' ' "'o "'
Notice ofclaim ......o.......,............" o ..""'
hOfeSSiOnal FeeS and COUft COSTS InClUded''''' o' "'
MUlti'prime cOntraCts "o" ..""" o" ...." """"o"
Not shown or Indicated .. o..,....o.... o.o.."""....
Matcrids and cquiPmcot-' -iur*shed
bY CONTRACTOR " '
not incorPoratcd in Work " .. o' ..
Matcrials or equipmcnt<guivalent
Mediation (OPtional) .''
MilcstoncsJcfi nition of
Change ffiers. obligation to
eXeCUtG "t""t"tto"oo"
Communications . -.. ... " '." ..
Coordination of the Work " " '
Dsptrtcs. reguest for decision '
aalaattttt.{"o'
... t....:. t.t " '
o
aaaaaaa'o"".tt'
araaaat'
a
3.3. I
... .: 6.3
.. . . l4.Z
.... .6.7
r... 16.7
.... 1.24
17.2
17 .4
17. I
17 ,3
17.5
...7
4.3.2
Noticc af-
Accepability of Project "o'o""""..' "" ----]i:11
AWafd. definitiOn Of ........... oo"' "" o' "' """" roth
Claim ...... o. o o....... o... o. o.... ....... o... " t t t " l7t3
DefCCtSr .. o o....... o.. o.... o " o.. ' r t tt t .."" ""ttt t3tt
DffCring SUbSurfaCe Of Physigal COnditiOnS ''""'' "4'2'3t7 I
GiVing "' """""""..""""o"":ttt"" - - ^--- ii.lTigssandlnspcctions.................,.o...........
Variation, Shop Drawingand Sample "'"""'""" 6'27
Notice to Procgsd- t 2G
dcfinirionof ........"""".... """"- ^---:-: .i.lgiving of ........ o..o.....o... o.... o....... ''""""' -'
NOtifiCatiOn tO SUfety ...'...o " """"".... "'o""' l0'5
Obscrvations, by ENGTNEER' : "'' " " " ..' o' "' 6'30' 9'2
Occupancy of tlie Work o"''o"o..""' 5'15' 6'30'2'4:11'10
Omissions or acts by CONTRACTOR "..""""' 6'9' 9'13
.'Opcn pcril" policy form, lnsurance .. ' " " " " " " .. "5'6'2
OptiOn tO RCplaCg .....o o...o...."' ""'o" o"""""5'14
ttof EqLlattt ttems ... o-.... ".. o"" ""..t"""t".. "6'7
Othgr work r' ' ' ' t ' ' ' t ' t' ' " ' 'o" " t " ' "t "'o "t"tto.. t'7
Ovcrtime Work-prohibition of " " o' o ..' o "' o " o" " "' 6'3
OWNER-
Accepnnge of defgcdvg Work ....""""..o"""' t';'1
appOint an ENGINEER ......... o. "" o"' "''.."" ",D'L
aS fidUCiafy ....,........... o... oo o o'".. ".."' 5'12'5'13
Availabiliti of tands. resPonsibility "' o o' o " o " ..' o "' 4'lt1l
dgfinition Of ........o....... oor.""o""""tt'o"t l'1
data, fUfnish ........o.'..........""t tt'o""t"o"' E'3r' 14
May corrgct Dgfgctive work ..,..........oo"""" lJ'l
May rgfusc to makc payment '''o'""..''"'"""" l4'7
May StOp the WOfk .......o......'t"".."..""" 13't0
may susPcnd workr -
tcrminatc ......o................ t.t, 13't0, 15'l'15'4
Payment. make prompt ..""""""""' 8'3t t4'4' 14'13
peffOfmance Of Othef WOfk .......o..""""""-""' 7'l
pcrmits and licgnsgs. requirgmgnts ..'"""""""' 6'13
purchasgd insurance requirements'' o''''' o'''''' 5'65'l0
OWNff,'s-
Acceptancc of the Work ............' 6'30'2'5
written notice
rcquircd -..... " "
PCBs-
7.1, 9.4, 9.11, ll-2' tl-9, l7'7,_ l5'4
l.Ddefinition Of . . o o . . . . . . . . .. . . .... . . .. "'' " "' "' t' t'
4.5
general
OWNER 's nesPonsibility for .......o""t'o"tt 8tl0
Partial UtilizalieP- r )s
dCfinitiOn Of ............o......o"""""t.."""' t"
genefal ....... o.. o.. r.. o... o... " .. .{ " " ' '6'30 '2'4' t4'10
PnOpCny lnSUfanCe ............,.o.'. .."""" ' o " ' 5't5
Fatent RgS
"nO
ROyaltieS ......""..'.."..""",.' '6'17
Paymgnt BOndS ..r................" "" " " " " " .. 5'l-5'2
Fayme[ts, Recommendarion of """''''..' l4'+14'7' t4'13
Paymcnts to coNTRACToR and Complc1i1111
Application for hogrcss Fayrncnts '''.."..'"''..'' l4'2
CONTRACTOR's Warrantf of Title o''..""..""'' t4'3
Final Application for Fayment ....""""........'o t4'12
Final InSpeCtiOn ........,.o..']".."'o'o""'o"" t4'tI
Final Payment and Acccptancc """"..""' t4'lll4'14
genefat ..........o..............".."""'ot"tt't tt3' 14
Fanial UtiliZatiOn ...........o"""" "..""o" "' t4'10,1.2
RgEiffaSG ........................ '' t t ' '''" tt t: t:t tt, t'
t
"t"t t'6taaaaaaaaaat'
aoaaaaaaaa"""t""'
t
,lootoaaO""""'O""
t0.4
. t,l
.7 ,4
9.1 t
T
9
l -.
{-
a
Article or Parag raph
N umber
Article or Para g rap h
N umber
Substitute ltcms .. 6.'l .l .2
Subsurface and Physical Conditions- '
Drawings of. in orrclating to ..............,..or. .4.2. 1.3
. . :'. .': '. .' .'l g .7 -g .g ENGINEER's Review .......:.r-.'.4.2.4
t.35 '" general
Shop Drawings,-
and Samplcs' general .......... -.
Changc Orders & APPlications for
Payments, and ......o
definition of
ENGINEER's apPnovd of
ENG I N EER's responsibilitY
for rcview .
related Work
rcview procedures .
subminal required
Submittal Proccdures
usc to approye substitutions . .. . . o
Site Clcanliness
Sitc. Visits to-
precedence
Standards and Spccifications of Technical
Societies
Saning Construction. Before .
Starting the Work
Stop or Suspcnd Work-
by CONTRACTOR
by OWNER .
Storage of materials and equipment
Structural L^oading,Safety
Subcontractor-
Concerning, .
definition of .
delays ......................
waiver of riefits
CONTRACTOR'S Expcnsc
ENGINEER's Evduation
6.24.1 Possiblg Contract Docurncnts Change . . . .'. . . . .'. . . . o o ., 4.2.5
6.8 Possible Price and Timcs Adjustments
.. 6.7.3 Repons and Drawingp
........ .'.. 4.2.2
6.t
8.9
4.2.6
4.2.1
Superintendence
Superintendent. CONTRrcTOR's rcsident . ...'..... . . 6.2
Supplemgntal costs o... o................ o....o....... I 1.4.5
S upplementary Co nd itions'-
definition of o o. o.. o o.................... o o'o o........ 1.39
principd reference to . o.. 1.10. l.lE. 2.2. 2.7. 4.2.4.3, 5.t,
5.3, 5.4. 5.65.9, 5.1l. 6.E, 6.!.J,7.4,8.1l, 9.3, g.l0
2.4 Supplementing Contract Documents 3.6
Supplier-
definition of . .t.40
principal refgrences to ...... o o o o.... !. ..3.7r 6.f, 6.E{.t I,
waiver of Rights . . . . o .. . . .. .. .......u:lL .u.::.'.1:11:.t 2.ii
Surety-
conscnt to final payment o.o.................. t4.t2. 14. 14
6.244.U
rt,
. ilt 'i.Umited Rcliance by CONTRACTOR; Authorized ...........-.....o..
Noticc of Differing Subsurfacc or
Physical Conditions . .
Physical Conditions .. , o .
Suspension of Work and Terminalisn-
CONTRACTOR May Stop Work or
of ENGINEER's employment
Suspcnsion of Work-in gencral
Tcrms and Adjcctives
..;
aaaaaaaaaa ..-..' 4.2.2
...':.4.2.3
!. . ; 4,?..1.2
-'4.2
6.2
E.2
-...r: . .t i1..
2.8.. 6.244.?3
Shown or Indicatcd r......o.o......................... 4.3.t Subsurface and 4.2
Sirc Access ...7.2,13.2 Subsurfacc Conditions at thc Sitc ...4.2.1.1
6.17
by ENGINEER . . .. ...9.2, 13.2 CONTRACIOR's rcsponsibility
by others 13.2 : OWNER shdl not supcrvisc
"Spccial causcs of loss" policy form. insunance . . ... . . 5.6.2
Spccifications-
definition of !.t.o.o.......o..............o.. ........ t.36
of Technical Societies. refgnelrce to .. .... o. ......... 3.3. t
ENGINEER stnll not supervise ............... 9.2. 9.13.2
3.3.3
3.3
2.r2.8
15.5
E.t. t 3: 10, 15. t
4.1r 7 .2
... 6.t8
6.E{. t I
1.37 ENGINEER has no duty to
.........12.3 Notification of
6.1 I
t0.1, 10.5. 15.2
qualification of o.. o.......... o....... o............ 5.t-5.3
6.y
13.10, l5.l
9.t3
I5
Subcontmcls rs,-i n ge neral 6.8{. t I Survival of Oblieations
Subcontracts-required provisions ........5.1t.6.1t. t1.4.3 Suspcnd Wor*. OWNER May
Submittals-
Applications for hyment 14.2
Maintgnancc and Operation Manuals .......oo...... 14.12
Pnoccdurcs
Progress Schedules
Tgrminate o .. .
6.25 OWNER May Suspend Work
Tenninalisn-
by CONTRACTOR
- Sarnples $./44.29
2.6, t4. t
' Schcdulc of Values
Schedule of Strop Drawings arid
Samplcs Submissions ... ... ..... ...... .. o 2.6. 2.*2.9
Shop Drawings ..... o.... o.......... o.... o... o.. 6.24=6.7fr,
Substantial Completion-
ccrtification of
.2.6,2.9 OWNER May Terminate 15.2-t5.4
Taxes-hyment by CONTRACTOR
Technical Data-
Umited Reliance by CONTRACTOR
Possible Pricc and Times Adjustments
Repons of Diffcring Subsurfacc and
Physical Conditions o.............................. 4.2.3
6.30.2.3. 14.&14.9 Temporary construction facilitics
t5.5
t5. t
6.15
4.2.2
4.2.6
definition of I .38
Substitutc Construction Mcthods or hoccdunes . . . . . .. 6.7.2
Substitutcs and "Or Equal" Items 6.7 by OWNER ..... o... o........... o......... t.t, t5.l-15.4
4.1
15.5
6.7. t.3
. 6.7.3 I5ttOr'EQualtt ..................o..................... 6.7.1
Substitute Constnrcdon Methods of hocedurcs . . . . . 6.7 .z
II
Tests and lnspcctions-
3.4
^a -
aaoa
aa
aaoaaaaaoaaaaaaaat
*
GENERAL CONDMONS
ARTICLE I-DEFINITIONS Addi t,ions sc I
' Whercvcr usd in thcse Gcneral Conditions or in the other
Contract Documents the following tcrrns have the mcanings
indicared which arc applicable to both the singular and plural
thereof:
l. l. Addenda-Written or graphic instrumcnts issued prior
to the opening of Bids which clarify, colrect or change thc
Biddirg Requircments or the Contract Docurnents.
1.2. Agreemrnl-The written contract bctwcen OWNER
urd CONTRACTOR covering thc Work to bc pcrformedi other
C-ontract Documents are anached to the Agreement and made
a part thercof as provided thcrcin. '
t.3. Application fo, Payme4l-ffie form acccpted by EN-
GINEER which is to be uscd by CONTRACTOR in rcquesting
proSrcss or final payments and which is to be accompanied by
such supporting documentation as is required by thc Contract
Documents.
1.4. Asbestp5-p1J1y materid that contains morc than one
pcrcent asbcstos and is friable or is releasing asbcstos fibers
into the air above curent action levels 'established by the
United States Occupational Safcty and Health Administration.
t.5. Bid:fhe offcr or proposal of the bidder submitted on
the prcscribed form setting fontr the prices for the Work to be
performed.
t.6. Bidding Docuasnls-fie advcrtiscment or invitarion
to Bid, instructions to biddctr, the Bid form. and the proposed
Contract Documents (including all Addcnda issued prior to
reccipt of Bids).
1.7 . Bidding Requiremen 15-ffic advertisement or invita-
tion to Bid. instructions to bidders. and the Bid form.
1.8. Bond,s-hrformance and Payment bonds and other
instrumens of security.
- t.9. Clunge OrdcT-fidocument rccommendcd by ENGI-
NEER, which is signcd by CONTRACTOR and OWNER and
authori?2s an addition, deleticn or revision in the Wort, or an
adjustment in the Contract hice or the Contract Times, issued
on or aftcr the Effective Date of the Agreement.
' '.r ; '
t.10. , contract Dxum62f5-ffus Agreemcnt. Addenda
(which pcrtain to the Conrracr Documents), CONTRAC[OR's
Bid (irrcluding documentation acsompanying the Bid and any
post Bid docurnentation submitted prior to thc lloticc of
Award) whcn arurched is an exhibit to the Agreement, the
Noticc to Pnocced, thG Bonds, thesc General conditions, the
Supplemcntsry Conditions, thc Spccifications and thc Dtaw-
ings as the satnc ane mone spccifically idcntified in the Agree-
,ment, tq8pthcr with all Written Amendments. Changc Onders.
Work Changc Dircctives. Field Orders and ENGINEER's
writtcn interprctations and clarifications issucd pursuant to
pamgraphs 3.5, 3.6. l. and 3.6.3 on or after the Effectivc Date
of thc Agrcement. Shop Drawing submittals approved pursu-
ant to paraSraphs 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.
l.l t . Contract Price:f\e moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordancc
with the Contract Documents as statd in thc Agrcement
(subject to the provisions of paragraph I t.9.1 in the casc of
Unit hice Work).
t.12. Contact Time5-J[g numbcrs of days or the dates
statd in the Agreement: (i) to achieve Substantid Complction.
and (ii) to complete the Work so that it is rcady for final
payment as cvidenced by ENGINEER's written nocommenda-
tion of final payment in accordance with paragraph t4.t3.
t.13. CONTRACTDR-The peruon, firm or corporation
with yhgm OWNFR. has entered into the Agreemenr.
....
t. t4. defecliys-fin 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 thc requirements of any inspcction,
reference standard, test or approval referred to in the
Contract kuments, oF has been damaged prior to ENGI-
NEER's reiommendation of final paymcnt (unless responsi-
bilityforthe protcction thereof has been assumed by OWNER
at Substantial Completion in accordancc with paragraph t4.8
or 14.10).
t.ts. Drawings-Thc drawings which show the scope,
extent and character of thc Work to bc furnished and per-
formed by CONTRrcTOR and which havc bccn prcpared or
approyed by ENGINEER and are referrcd to in the Contract
Documents. Strop drawings arc not Drawings as so defined.
t . t 6. Effective Date of the Agrecm6,21-ffte date indicared
in the Agreement on which it bccomsr effective, but if no such
date is indicated it mcans thc date on which thc furecment is
signed and dclivcred by the last of the two partic to sign and
dcliver.
1.17. ENGTNEER-The pcrson, firm orcorporatbn named
as such in ttrc Agreement.
t.lt. ENGINFf,R's Consvllsnl-A person, firm or corp
ration having a contract with ENGINEER to furnish serviccs
as ENGINEER's independcnt professional associatc oF Gon-
sultant with rcspcct to the Proilct and who is identificd as such
in the Supplemcnrsry Conditions.
l. t9. Ficld order-A wrinen order issucd by ENGINEER
which orders minor chansps in thc Wort in 8ccordance with
pafrasraph 9.5 but which docs not involvc I change in thc
Contract hicc or the Contract Times.
I3
:,r
{}
ar
,l .43 . Work-The cntire complctcd construction or thc var'
ious scparately identifiable parrs thereof requircd to bc fur'
nishcd undcr the Contract Documents. Work irrcludes and is
rhe rcsult of pcrforming or furnishing labor and furnishing and
incorporating materials and equipmcnt into the construction.
x11j p.rtorring or furnishing sirvices and furnishing docu'
ments, all * toirircd by the Contract Doiurnents-
- . . . , i{ r'.'"'
, 1.44. Work Change Dircctive-Awritten directive to CON'
, fneCfOR, issued on or aftcr thc Effective Date of the
Agrecment and signcd by OWN.ER and recommended by
gNCINEER, ordering an addition. deletion or rcvision in the
Work, or nesponding to diffcring or unforcseen physical condi-
rions under which the Work is to be pcrformed as providcd in
paragraph 4. 2 or 4.3 or to emergencies under paraSfaph 6.23. A
Work Changc Dircctive will not change the Contract Price or
the Conr6ct Timcs, but is evidencc ttrat thc panies cxpcct that
the change dirccted or documented by a Work Change Dircc-
tive will bc incorporated in a subscqucntly issued Change
Order following negotiations by the parties as to its effect. if
any, on the Contract Price or Contract Times as providcd in
paragraph t0.3.
1.45. Written Amendmsll-fi written amendment of the
Contract Documents, sigred by OWNER and CONTRrcTOR
on or aftcr the Effective Date of the Agreement and normally
dcating with the nonenginecring or nontechnical rather than
stri6ly construction-related asPccts of the Contract Docu'
mcnts.
ARTICLE 2_PRELIMINARY MATTERS
Dclivcry ol Bonds:
2.1. V/hen CONTRACTOR delivers the executed Agree'
ments to OWNER, CONTRACTOR shall also dcliver to
OWNER such Bonds as CONTRACTOR may be requircd to
furnish in accordance with paragraph 5. t.
Cooie,s of Dxunun s:Aaaition see Sc2.2
2.2. OWNER shall furnish ro CONTRACTOR up to tcn
copics (unlcss otherwisc specified in the Supplemcnury Con'
ditions) of the Contract Documents as anB neasonably ncces'
sary for the cxecution of the Work. Additional copies will be
furnished. upon request. at the cost of reproduction. '
Connutrccnunt of Conavt Tinus; Noticc to Procccd:
a
2.3. The Contract finrcs will commence to run on thc thirti-
cth day aftcr the Efrective Datc of the Agrccment. or, if a Ndicc
to Procecd is given, on the day indi€tcd in the Noticc to Prrocced.
A Noticc !o hocccd may bc given at any tinre within thiny days
after thc Etrcctive Due of thc Agrecmcnt. ln no cvcnt will ttrc
C-ontract Timcs corrunencq ro run hter tttan the sixtjcth day aftcr
, rhe day ?f BirJ opening or the thinieth day aftcr thc Effective Datc
o{rhe ASr :€trtcot. whichever due is earlicr.
Starting tfu \fo*:
2.4. CONTRACTOR shall start to perform the Work on the
datc when the Contract Timcs comrnence to run. but no Work
shall be done ar the sire prior to the.date on which the Contract
T.imes commence [o run.
$rhn Slafiry Consnrctioili ,:...: : .
TRACTOR shall carefully study aqd comparre the Contract
Documents and check 'ind1verify'pertinent figures shown
thereon and all applicable field mcasurcmcnts. CONTRAC'
TOR shall promptly riport in writing to ENGINEER any
conflict, eror. ambiguity or discryPancy which CONTRAC'
TOR may discover and sllall obain a wrinen interPrctation or
clarification from ENGINEER bcforc Proceeding with any
Work affected thereby; however. CONTRACTOR shall not b3
liable to OWNER or ENGINEER for failure to rcpon any
conflict. error. ambigrrity or diicrcpancy in the Contract Doc'
umcnrs. unless CONTRACIOR kniw or reasonably should
haveknownthereof. , '
.. :
2.6. Within ten days after the Effective Datc of the Agree-
mcnt (unless otherwisc spccificd in the Gcneral Rcquircments),
CONTRACTOR shall submit to ENGINEER for review:
2.6. t. a prcliminary' ;r"*si schedute indicating the
times (numbers of days or dates) for starting and completing
the various stages'of thc Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Strop Drawing and Sam-
ple submittals which will list each required submittal and the
timcs for submitting, rcviewing and proccssing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and priccs of items
agpg4ing the Contract Price and will subdivide the Work
into component parts in sufficient detail to scrve as the basis
for progress payments during construction. Such prices will
inctude an appropriate amount of ovcrhead and profit appli'
cable to each item of Work.,
2.?. Bcforc any Work at the site is started, CONTRACTOR
and OWNER shall each delivcr to the othe[ with copies to
each additional insured identified in. the Supplementary Condi-
tions. certificatcs of insurancc (and other evidencc of insurancc
which either of them or any additiond insured may rcasonably
requesr) which CONTRACTOR and OWNER rcspectively arc
reguired to purchasc and maintain in accordarpe with para-
q"pft 5.4..5.6. and 5.7. Addi tion see SC ' 2 . 7
hcconsMion Confcnncc:
' ; 2.8. Within twenty days after the Contract Times start to
run, but bcforc any Work at the site is staned. a conferetrcc
r-
I
t
I5
a
I
i
I
D
l>
a
-0
pcrforrrrancc of the Work or any duty or authority to under'
take rcsponsibility inconsistent with the provisions of para'
gfaph 9. t3 or any othcr provision of the Contract Docu-
mcnts.
3.4. rrVhcnevcr in the Contratt Documcnis the terms "as
Ofdcfcdr" "aS direCtedr" "aS fequirCd." "asi allOwed." "aS
approved" or terms of like effcct or imPort arc used. or the
idjectives " rcasonable,'''' SUiAble." " accePtable." " ptppcf"
oi"satisfactory" or adjectives of like effect or imfrrt ane
used to describc a rcquircment. direction. review or judg'
mcnt of ENGTNEER i$ to thc Work. it is intcnded that such
requircment, directiotl, review or judgment will bc solely to
evaluate, in general. the completed Work for coinpliance
with the rcquirements of and information in the Contract
Documcnts and conformance with the design concePt of the
compteted Projcct as a functioning whole as shown or
indicated in the Contract Documents (unlcss therc is a
spccific statemcnt indicating otherwise). Thc use of any such
tcrm or adjective shdl not be effective to assign to ENGI-
NEER sny duty or authority to supervise or direct the
furnishing or pcrformance of thc Work or any duty or
urthority to undcrtake responsibility contrary to the provi-
sions of paragraph 9.t3 or any other provision of the
Contract hcumcnts.
Arendhg end Sup*nunting Congvt Dcwruntrt'
3.5. The Contract Documents may be amended to provide
for additions. deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
ways:
3.5.1. a formal Wrinen Amendment,
3.5.2. a Change Order (Frrsuant to paragraph t0.4). or
3.5.3. a Work Change Directive (pursuant to
paragraph l0.t).
3.6. In addition. thc rcquirenrcnts of the Contract Docu-
ments rnay bc supplemented. and minor variations and devia-
tions in the Work rnay bc authorizrd, in one or more of the
following ways:
3.6.t. a Ficld ffier (prrsuant to paragraph 9.5),
3.6.2. ENGINEER's approvd of a Shop DrawirU or
Sarnple (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's wrinen interprctation or clarifica-
tion (punuant to paralfaph 9.4).
Rctllr of lbctttruns:
3.7. CONTRACTOR, and any Subcontrirctor or Supplicr
or othcr pcrson or organization pcrforming or furnishing any of
the Work under a direct or indircct contract with OWNER (i)
shall not havc or acquird any title to or ownership rights in any
ARrlcLE 4-AVAllJBlLIfi OF LANDS:
CONDITTONS ; REFERENCE POINTS
Awflability of LaruIs:
4. t. OWNER shall furnish. alr indicated in the Contract
Documents. the lands upon which thc Work is to be performed,' righs-of-way and cascments for access thereto. and such othcr
lands which ane designated for the usc of CONTRACTOR.
Upon reasonable wrinen requcst. OWNER shalt furnish CON-
TRACTOR with a cqrect statement of record leC title arxC
leeal description of the lands upon which the Work is to bc
pcrformed and OWNER's intcrest therein as nccessary for
giving noticc of or filing a mcchanh]s lien against such lands in
accordancc with applicabte [-aws and Regulations. OWNER
shall identify any encumbranccs or rcstHctbns not of general
application but spccifically relucd to usc of lands so furnishcd
with which CONTRACTOR will hayc to cornply in pcriorming
the Work. Eascments for pcrnrarrcnt structurcs or pcrmanent
changes in existing faciliths will bc obtaincd and paid for by
OWNER, unless otherwisc providcd in thc Contract Docu-
mcnts. tf CONTRrcTOR and OWNER are unable to agrce on
cntitlement to or the amount or cxtcnt of any adjustments in thc
Contract hicc or the Contract Tinrcs ali a result of any delay ir
owNER's furnishing thesc lands, riglrts'of'way or easements'
CONTRACTOR may make a claim therefor as provided in
Articles I I and 12. CONTRACTOR stull provide for all
additiond lands and access thereto that may be rcquired for
temporary construction facilities or storage of matcrials and
equipment.
4.2. Subsu$w at d Phydcrl Cotfriotts:
4.2.t. Rcpons ard Drawings: Rcference is rnadc to thc
Supplemcntary Conditioils for idcntification of:
' 4.2.1. t. Subsurfacc Cotrdilhns.' Thosc lcPorrs of cxplo'
rations and t6ts of subsurfacc conditiorils at or contiguoutt to
thc sitc itrat have becn utilizcd by ENGINEER in prcparing
the Contract Docunrcnts; ud
4.2.1.2.' Physicat Conditioru :Thosc drawings of physical
conditions in or rela,tirrg to existing surfacc or subsudacc
structtrnes at or contiguous to the site (excc6 undcipo,und
hcilitics) that havc bccn utilizcd by ENGINEER in prcpar-
ing the Contract Documcnts.
v,
;t
..,1
I
t7
of thc Drawings. Spccificatjons or'othcr documcnts (or copies
of any thereoO preparcd by or bearing thc seal of ENGINEER'
or ENGINEER's Corsultant. ard (ii) shall not reusc any of
' iuch Drawingp. Spccifications. othcr documcnts or copics on
cxtensions of the hoject or any othcr project without writtcn
cbnsent of OWNER and ENGINEER and spccific writtcn
vcrification or adaption by ENGINEER.
{-
t
inforrnatbn and dua furnishcd &o OWNER or ENGINEER by
tlrc owncrs of such Undcrgrourd hcilities or by others. Unless it
is othcrwisc cxprcssly providcd in thc Supplcmentary Conditions:
4.3.t.1. OWNER and ENGINEER shall not be rcspon-
sible for the accuracy or completeness of any such informa-
tion or data: and
. ? 4.3.1.2. Thc cost of all of the following will bc included in
dre Conriu Pricc and CONTRACTOR shall have full respon-
srbiliry fon (i) rcviewing and chccking all such information ard
dara. (ii) locating all Undcrgpund hcilities shown or indicatcd
. in thc Contract Doctrmcnts. fiii) coordination of the Work with
the owrrcrs of such Undergrurnd hcilities during construction.
and (iv) the safety and protection of all such Undergpund
hcilitics as provided in paraemPh 6.20 and rcpairing any
darnaf thercto resulting from the Work.
4'3'2' Not shown or lndicated: If an underglound hcility
is urrcovercd 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 thercof and
bcfore further disturbing conditions affected thereby or pcr-
fiormirU any Work in connection therewith (exccpt in an
crncr8pncy as required by paragfaPh 6.23). identify the owner
of such Underground hcility and give written notice to that
owncr and to OWNER and ENGINEER. ENGINEER will
promptly rcview the Underground hcility and detcrmine the
exteni. if uiy, to which a 'change is rcquired in the Contract
Documents to reflect and document the consequences of the
existence of the Underground hciliry. If ENGINEER coo'
cludes that a change in the Contract Documcnts is required, a
Work Change Directive or a Change Ordcr will be issued as
provided in Article I0 to rcflect and document such conse-
quences. During such time. CONTRACTOR shall be rcspon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall bc al-
lowed an increase in the Contrract Price or an extension of the
Contract Timcs, or both, to the extent that they ane attributablc
to the existerrce of any Underground hcility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not rcasonably havc
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unablc to agree on entitle-
mcnt to or the amount or lenglh of any such adjustment in
Contract hice or Contract Timcs. CONTRACTOR may make
a claim therefor as provided in Anicles I I and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
not h liablc to CONTRACTOR for any claims. costs. losscs or
darnages incurred or sustai:rcd by CONTRACTOR on or in
connection with any other project or anticipated project.
Rclcnncc Poins:
4.4. OWNER shdl provide engineering surveys to cstab'
lish reference points for construction which in ENGINEER's
judgment ane neccssary to enable CONTRACTOR to proceed
with lhc Work. CONTRACTOR shdl bc responsible for laying
otlt thc Worlc. shdl protGct and pnBscrve the established
referencc points and shall make no changes or relocations
,without,thc prior wrincn approvd of OWNER. CONTRAC'
TOR strall rcPort to ENGINEER whenever any refercncc
point is lost or destroyed or requires relocation bccausc of
ncccssary changes in grades or locations. and shdl be respon-
siblc for thc accuratc repl:rccment or relocation of such rcfcr'
ence points by professionally qualified pcrsonnel.
45.
^**or,
PCBs, Rfolcum, Hszrrdoos Westc or Rrd'io'
t dt- Metcrirl:
4.5. t. OWNER shall bc rcsponsible for arry Asbcstos.
PCBs. htroleum, Hazardous Waste or Radioactiv'e Muerial
uncovered or rcvealed at thc sitc which was not shown or
indicatcd in Drawirps or Specific:'ions or irJcntificd in the
Contract Docruncnts to be within thc scopc of thc Work and
which rnay prescnt a substantial dangcr to pcrsons or property
exposcd thercO in connectbn with thc Work at the site.
OWNER shall not bc responsible for any such materials
brought to the site by CONTRACTOR. Subcontractor. Suppli-
ers or anyone elsc for whom CONTRiCTOR is rcsPonsible.
4.5.2. CONTRACTOR shdl irnmediately: (il stop all
Work in connection with such hazardous. condition and in
any anea affected thercby (except in an cmergency as re-
quired by paragraph 6.23), -and (ii) notify OWNER and
ENGINEER (and thereafter confirn such notice in writind.
OWNER shall promptty consult with ENGINEER conccrn-
ing the neccssity for OWNER to retain a qualificd expert to
evaluate such trazardous condition or takc corrective acdon.
if any. CONTRAC'TOR str,all not be r=quircd to nesume Work
in connection with such hazardous condition or in any such
affected arca until aftcr OWNER It* obtained any required
permits related thercto and dclivercd to CONTRACTOR
special written notice: (i) spccifying that such condition and
any affectcd area is or has been rendered safe for the
resumption of Work, or (ii) spccfying any spccial conditions
under which such Work may be rcsumcd safely. If OWNER
and CONTRAC'TOR cannot agree as to entitlement to or the
amount or cxtent of an adjustment, if any, in Contract Pricc
or Contract Times as a resutt of such Work stoppage or such
special conditions under which Work is agFed by CON-
TRACTOR to bc rcsumed. either pany may make a claim
thcrcfor :ur provided in Anicles I I and 12.
4.5.3. If after rcccipt of such spccial written notice
CONTRrcTOR does not agree to resume such Work bascd
on a rcasonable belief it is unsafe. or does not agrce to
nesumc such Work under such spccial conditions. then
OWNER may order such ponion of the Work that is in
eonnection with such hazardous condition or in such af-
fected anea to be dcletcd from the Work. If OWNER and
CONTRACTOR cairnot agrec as to cntitlement to or thc
' amount or cxtent of an adjustment. if any, in Conttiact Pricc
or Contract Times as a result of dcleting such portion of the
Work. then cither party may ma(c a claim therefor as
provided in Articles I I ard 12. OWNER may have such
deleted portion of the Work pcrformed by OWNER's own
forces or others in accordancc with Articlc 7.
4.5.4. To thc fullest cxtent pcrmitted by [:ws and Rcg-
ulations. OWNER shdl indemnify and hold ttarrlless CON-
TRACTOR, Subcontractonr, ENGINEER, ENGINEER's
t9
tlr
a Ttre policies of insuftIncc so roquircd by this paragraph,5.4 to
bc ptrrchascd and rnaintaincd shall:
. i r.
5.4.7. with rcspcct to insurance rcquircd by paragraphs
(subject to any customary exclusion in nesPcct of profes-
; siond liability) OWNER, ENGINEER, ENGINEER'S Con-
.. sultants and any other pcrsons or entities idcntified in the
Supplementary Conditions, all of whom shdl bc listed as
. aaaidonal insureds. and include coycrage for thc rcspective
, officcns and emptoyees of all such additional insureds;
' 5.4.t. inctude the specific coverages and bc written for' not lcss than the limits of liability providcd in the Supplc-
mentary Conditions or requircd by Laws or Regulations,
whichcver is greater; '
5.4.9. include complcted operations insurance:
5.4.10. inctude contrirctual liability insurancc covering
CONTRrcTOR'S indemnity obliFtions undcr paragraphs
6.12,6.t5 and 6.3t through 6.33;
. 5.4.1 l. contain a provision or endorsemcnt that the
coyerage affordcd will not be cancelted. rnateridly changcd
or nenewal rcfuscd until at least thiny days prior writtcn
noticc has bccn given to OWNER and CONTRACTOR and
to each other additiond insurcd identificd in the SupplertGn-
W Conditions to whom a ccrtificate of insurance has been
issued (and the ccrtificates of insurancc furnished by the
CONTRACTOR punsuant to paragraPh 5.3.2 will so Pro-
videh
5.4.12. remain in cffect at'lcast until final Payment and at
dl times thereafter when CONTRACTOR rnay be concct-
ing, rcmoving'or replacing defectivc Work in accordanse
with paragraph t 3.12; and
5.4.t3.. with rcspcct to completcd opcrations insurance,
and any insurance coverage written on a claims-made basis,
remain in efrect for ar lcast two years after final payment
(and CONTRACTOR shdl furnish OWNER ard each other
additional iruured idcntificd in the Supplcmentary Condi-
tions to whom a ccrtificate of insurance has been issued
evidencc satisfactory to OWNER and any such additional
insured of continuation of such insuranse at final paymeni
and onc yar thcreafter).
Addition see SC 5.4. 14
OWNmJs l)alility I nsutoru:
5.5. In addition to the insurancc nequired to bc provided by
CONTR/EIOR under paraSraph 5.4, OWNER, at OWNER's
option, may purchasc and maintain at OWNER's cxPcnsc
OWNER's own liability insurancc as will protect OWNER
agninst claims which may arisc fmm operations under thc
Contract Documents.
Replicement see SC 5.5
PrWGtJt Insuzltcr,:
5.6. Unless othcrwisc pnoyidcd in thc Supplemcntsry Con-
ditiors, OWNER shall purctrasc and maintain propcrty insur-
Replacement see SC 5.5
,ancc upon thc Work at the sitc in the a,;rount of thc full
'replaccmcnt cost thcreof (subject to such dcductiblc amounts
:rs may bc provided in the Supplementary Conditions or
rcquircd by Laws and Rqrrlations). This insurancc shall:
5.6.1. include the intcrcsts of OWNER. CONTRAC-
... TOR. Subcontractors, ENGINEER. ENGINEER's Con-
sultants and any other pcrsons or entitics identified in the
Supplementary Conditions. each of whom is dccmed to have
an insurable intercst and shdl bc listed as an insured or
additional insurcd;
. 5.6.2. be written on a Builder'S Risk "alt-risk" or opcn
pcril or spccial causcs of loss policy form that shdl at lcast
include insurancc fror physiel toss or darnage to the Work,
tcmporary buildirUs, falscwork and Work in transit and shall
insurc "gainst at least the following frili fire. lightning.
extended covcrage, theft, vandalism and malicious mischisf.
earthquake. col tapsc, d ebri s remoyd . d emol ition occas io ncd
by cnforcement of t-aws and RegUlations, water damage,
and such other pcrils as may be spccifically rcquired by the
Supplementary Conditions ;
5.6.3. includc cxpcnscs 'ncurcd in the nePatr or replace-
ment of any insurcd propcrty (including but not limited to
fecs and charyes of elulneens and architects);
5.6.4. cover materids and equipment stored at the site or
at another tocation that wills
"gI..d to in writing by OWNER
prior to beirU incorporated in the Work, provided that such
maerids and equiprnent havc becn includcd in an Applica-
tion for Paymcnt necommended by ENGINEER: and
5.6.5. bc rnaintaincd in efrcct until final payrnent is made
unless otherwisc a8recd to in writing by OWNER' CON'
TRACTOR and ENGINEER with thiny days wrinen noticc
to each other additional insured to whom a ccrtificate of
insurance has bcen issued,
5.7. OWNER shall purctrasc and maintain such boiler ard
machincry insuriancc or additional propelty insurancc as may
bc required by thc Supplemcntary Conditions or [aws and
Regutations which will irrclude thc intcrests of OWNER,
CONTRACTOR, S ubcon trzrtors, ENG I N E ER, ENG I N E ER' s
Consultants and any other pcEons or entities identified in the
Supplerncntary Conditionsr cach of whom is decmcd to have
an insurable intcrcst and shall bc listed as an insured or
additional insurcd.
Replacement see SC 5.7
5.8-; All thc policies of insurancc (and the ccnificatcs or
othcr evidencc thcreof) required to bc purchascd and main-
tairrcd by OWNER in acpordance with paragfaPhs 5.6 and 5.7
will contain a provision or cndorscmcnt that the covcrage
atrordcd will llot be canccllcd or maeridly changcd or nencwal
refuscd until at lcast thirty days' prior wriRen noticc h8s bcen
given to OWNER and COffneCfOn ;nd 3o each othcr
additional insured to whom a ccrtificarc of insuranse has becn
issucd and will contain waivcr provisions in acordancc with
paragraph 5. t t.
r 2t
')
,
*,7
a
a
rcquircd io proride such coverage. and a Change Ordcr shall
be issucd to adjust the contract Price accordingly. '
. /.... '
'. ' .o' ruaiot Utilizatiol plaprty lrutttz'ttcc:
i
'
.,',. {.I5.,. lf OWNER finds it neccssary to occuPy.or use a
porrron or porrions of the Work prior to Substantial Complction
' of all thc work. such use or occupancy may bc accomplished in
accordance with paragzph t4.10: provided that no such use or
,. *.upancy shart commence before the insurers providing the
propeny inrronig havi acknowledged notice thercof and in
*riiing lft cted any changes in coverage necessitatgd thcreby-
The iniurers providing rhe b.p.ny insurance shdl consent by
cndorsement on the policy or policies. but the propeny insur'
ance shall not be cancellcd or permitted to lapse on account of
any such panial qse or occuPancy.
ARTICLE 6<CONTRACTOR'S RESPON S I B I LITI ES
Supcnbion and SuPcrintcndcncc: :
6. t. CONTRACTOR shall supcrvise. inspcct and direct the
Work compctently and efhciently. devoting such attention
thereto and applying such skills and exPertise as may bc
necessary to pjrform ttre Work in accordance with the Con'
rracr Docurnenrs. CONTRACTOR shall be solely rcsponsible
for the means. rnethds. techniques. sequences and procedunes
of consrrucrion. bur CONTRACTOR shall not be resPonsible
for the negligence of othcrs in the design or specification of a
specific means. methd. technique. sequence or procedurc of
construcrion which is shown or indicated in and expressly
rcquircd by the Contract Documents. CONTRACTOR shall be
rcsponsiblc to see that the completed work complies sccu-
rately with the Contract Documents.
6.2. CONTRACTOR shalt keep on the Work at all times
during its prrryrcss a compctcnt resident supcrintcndent. who
shall not be replaccd without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
supcrintendcnt will be CONTRACTOR's rcprescntative at the
site and shall have authority to act on bchalf of CONTRAC-
TOR. All communications to the superintendent shdt bc as
binding as if given to CONTRACTOR..
Lfur, Maurials alrd Equipnunl:
6.3. CONTRAC'TOR shall providc compctent. suitably gual'
ified pcnonnel to survey, lay our and constnirct the Work as
' reguired by the Contract Documenis. CONTRACTOR shall at
' all times maintain good discipline and order at thc site. Except
as othcnrisc requirill for the safety or protection of pcrrcns or
'the Work or property at thc site or adjaccnt thereto. and cxcePt
as otherwiic indicated in the Contract Documents. all Work at
the sitc st1all bc pcrformed during regular working hours and
coNTRAcTOR will nou pcrmit overrime work or the pcrfor-
mancc of work on saturday. Sunday or any legal holidav
, without OWNER's written consent given after prior written
. .notice t.o ENGINEER-
; .. ' . . A
.''6.4. Unlcss otherwisc spccified in the Gcncral Rcquirc'
. ments. CONTRACTOR shall furnish and assume full respon'
sibility for all materials. cquipment. labor, t,ransPortation. coo'
itruction cquipmcnt and machinery. tools. appliances. fuel.
pnwcr. light. heat. tclcphone. water. sanitary facilitics. tempo-
rary facilities and all othcr facilities and incidentals necessary
for the furnishing. performance. tesdng, start-up and comple'
tion of the Work. i
6.5. All rnatcrials and cquipment shall be of good quality
and new. except as othcrwise provided in thc Contract Docu'
men[s. All warranties and guamntees specifically callcd for by
the Specifications strall expressly run to thc bcnefit of OwNER.
If required by' ENGINEER; CONTRACTOR shall furnish
satisfactory evidcnce (including rcpons of required tests) as to
the kind and quality of materials and cquipment. All materials
and cquipmeni shall bc applied, installed. connected. erccted.
used. clcaned and conditioncd in accordance with instructions
of the applicable Supplier, cxcept as othcrwisc provided in thc
Contract kuments.
Prognss Scliedule:
6'6' coNTRAc'ToR shall adhcre to th'e'Pro8ress sctredulc
established in accordanci. with ppragraph 2.9 as it may bc
adjusted from timc to time as Pnovided bclow:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent irrdicated in paragraph 2.9) pno-
posd adjustmcnts in thc proS[css schedule that will oc:
change rhe Contract Times (or Milestones). Such adjust-
menrs will conform generdly !o the progress schedule then
in effcct and additionally will comply with any provisions of
the Gencral Requircments applicable lhcrcto.
6'6'2' Proposed adjustments in the Progrcss schedulc
that will changc the Contrast Timcs (or Milestones) shdl be' submittcd in accordance with thc rcguircmens of para8raph
12.t. Such adjustmcnts may only bc madc by ? Change
Order or Written Amcndment in accordancc with Article 12-
Addition see SC 5.5
6.7. Sfrfuttcs ard "Orf;qtnl" Irens:
6.?.1. Wheneycr an item of mUcrial or eguipment is
specified or dcscribcd in the Contract Documents by using
the name of a proprietary item or thc namc of a Particular
Supplicr. the spccification or dcscription 'is intended tr
csraLlish thc typc. function ard quality requircd. Unless thc
specification or description conains or is folkcwed by words
reading that no like, equivalcnt or rrsi'QQual"' item or nc
substitution is permitted. other items of materid or equip
ment or materiat or equipmcnt of other Supplicrs rnay bc
accepted by ENGINEER underthe following circumstanccs'
23
rE
f{
I
t It
lubstitution and an appropriatc Change Ordcr will be i,ssued
or writren Amcndment signed. No acccptance by owNER
or ENG IN EER of any such Subconrractor. supplier or other
pcrson or orEanization shall constitutc a waivcr of any right
of OWNER tr ENGINEER to reject defective Work.
6.9. t. coNTRAcTOR shdl be fully rcsponsible to
t' OWNER and ENGINEER for all acts and omissions of the
' subcontractors. Supplicrs and other persons and organiza-
tions performing or furnishing any of the Work undcr a direct
or indircct contract with CONTRACTOR just as CON'
TRACTOR is resPonsiblc for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
crcate for rhe benefit of any such Subcontractor. Supplier or
other pcrson or organization any contractual rclationship
between OWryER or ENGINEER and any such Subcon-
tractor, Supplier or other pcrson or organization, nor shdl it
freate any obligatioi'on' the part of OWNER or ENGI'
NEER to pay or to see to the payment of any moneys due
any such Subcontractor. Supplier or other pcrson or organi-
zation except as may otherwise be requircd by [:ws and
Regulations.
6.9.2. CONTRACTOR shall be solcly responsible for
scheduling and coordinaring 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 rcquire dl Sub
contractors. Suppliers and such other Persons and organiza'
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Spccifications and
the identificarions of any Drawings shall not control CON'
TRACTOR in dividing rhe Work arnong Subcontractors or
Suppliers or dclineating the Work to bc performed by any
spccific trade.
6.1l. All Work performed for CONTRACTOR by a Sub
contractor or Supplier will be pursuant to an apProPriate
agneement berween CONTRACTOR and the Subcontractor or
- Supplier which spccifically 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 agrcement is with a Subcontractor or Supplier who is
Iisted as an additional insured on the ProPcny insurance
provided in paragraph 5.6 or 5.7. the agreement bctween the
CONTRACTOR and the Subcontractor or Supplier will cor-
tain provisions whcreby the Subcontractor or Supplier waives
all rights against OWNER. CONTRACTOR. ENGINEER'
ENGINEER's Consultans and att other additiond insureds for
all losses and darnages causcd by. arising out of or resulting
from any.of the pcrils covered by such policics and any other
propcrty insurance applicable to the Work. If the insurcrs on
any such policies rcquire separate waiver forms to be signed by
any Subconractor or Supplicr. CONTRACTOR will obtain the
salne.
fur.nt Fccs ard Royulties:
6. 12. CONTRACTOR shall pay all liccnse fees and royal'
' ties and assume all costs incidcnt to thc use in the pcrformance
of the Work or the incorporation in the Work of any invention.
Uesign. proccss. product or devicc which is thc subject of
p"r.nt rights or copyrighrs hcld by others. lf a particular
inrcntion. design, proccss, product or dcvice is spccificd in the
Contract Documents for use in thc pcrformance of the Work
and if to thc actual knowlcdge of OWNER or ENGINEER its
use is subject to Patent rights or copyrighs calling for thc
paymcnt of any licensc fee or royalty to othcrs. the existcnce of
such righrs shall bc disclosed by owNER in the contract
Documints. To the fullest extent pcrmitted by [-aws and
Regulations. CONTRACTOR shall indcmnify and hold harm-
lesi OWNER, ENGINEER. ENGTNEER's Consultants and
the officcrs. directors, employees, agents and other consultants
of cach and any of them from and against dl claims. costs'
losses and damages arising out of or resulting from any
infringement of patenr rights or copyrights incident to the use in
the perfornrancc of the Work or resulting from thc incorPora-
tion in the Work of any invention, design, proccss, Prduct or
device not spccified in the Conract Documents.
Pcrmig.:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shdl obtain and pay for dl coD'
strucrion pcrmi6 and liccnscs. OWNER shdl rcsist CON-
TRACTOR. when neccssary, in obuining such permits and
licenscs. CONTRACTOR shall pay dl governmcntd charyps
and inspcction fees necessary for the prosecution of thc Work.
which ilrc applicablc at thc time of opcning of Bids, or. if there
are no Bids. on the Effective Datc of the Agreetnent- CON'
TRACTOR shall pay dl charges of utility owner: for cooocc'
tions to the Work, and OWNER shall Pay dl clrarees of such
utility ownen for capital coss related thercto such as plant
investmcnt fecs.
Lavs ard Rcgubbns:
6. 14.1. CONTRACTOR shatl gve alt notices and comply
wirh all laws and Regulations applicable to furnishing and
performance of the Work. Except where othenvisc cxpressly
rcguired by applicable [.aws urd Regulations, neitherOWNER
nor ENGINEER shall bc rcsponsiblc for monitoring CON'
TRACTOR's compliance with any [.aws or Rc$llations,
6.14.?: If CONTRACTOR pcrforms any Work krrcwing
or having reason to kno* that it is contmry to [.aws or
Regulations, CONTRACTOR shdl bcar all ctaims. costs.
losscs and damages caused by, arising out of or rcsulting
therefrom; howeverr it shall not !g CONTRACTOR'S pri'
mary responsibility to make certain that the Spccifications
and Drawings arB in accordancc with [.aws and Reguluiorui,
but this strall not relieve CONTRACTOR of CONTRAC'
TOR's obliptions under paragraph 3.3 .2:'
TatG:''. =. .
a
6.15. CONTRrcTOR shall pay all salesr consumer. usc
and other similar taxes required to bc pard by CONTRrcTOR'
in accordancc with the Laws and Regulations of the placc of
I
u
,
-q
-a responsibilities slrall bc the prevention of accidcnts and thc
rnaintaining and supcrvising of safcty precautions and Pro-
I
8lzuns.
H agd C o runaniabn P rogru,ns :
G.22. CONTRACTOR shall bc responsible for coordinating
any exchange of matcrial safety data shees or othcr hazard
comtnunication information required to be made available to or
cxchanged bctween or amonB employcrs at the sitc in accor-
dance with Laws or Regulations.
En*tgcrtcics:
6.?A. Slrop Dravings arrd SanPhs:
6.24.1.. CONTRAC'TOR shall submit Shop Drawings to
ENGINEER for review and appnoyd in accordance with the
:lcccpted schedule of Shop Drawings arrd Sample submittals
(see paragraptr 2.91. AII submittals will bc identified as
ENGINEER rnay require and in the numbcr of copies
specified in the Gcneral Requirements. The data shown on
the Shop Drawings will be complete *ith nesPcct to quanti'
ties, dimensions, spccificd pcrformance and design critcria,
matcrids and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proPoses to providc and
to cnable ENGINEER to review the information for the
limitcd purposcs required by paragraph 6.26.
' 6.24.2. CONTRACTOR shdl dso submit Samples to
ENGINEER for rcview and approvd in accordance with
' said accepled schcdule of Shop Drawings ard Samplc sub
mittals. Each Sarnple will be identified clearly as to material.
Supplicr. pertincnt data such as catalog numbers and the usc
for- which intendcd and othcrwisc as ENGINEER may
' rsquirc to enable ENGINEER to review the submittal for
the limitcd purposcs nequired by paragraph 6.26: The, DUrl-
bcni of cagh. Sampte to bc subrnitted will be as specified in
thc Spccifications. ,l r .
6.25. Su}llllitrol &rorcdlutts:
6.25. t. Before submining each Shop Drawing or Sam'
plc, CONTRACTOR shall haie dctcrmined and verified:
6.25. l. t. all ficld measurements. quantities. dimerr
sions. spccified pcrformancc criteria. installation require'
ments. materials. calal(B numbcrs and similar information
,. with nespect thcreto.
6.?5.1.2. all matcrids with respcct to intendcd usc.
fabrication, shipping, handting, storage, asscmbly and
. installation pcnaining to thc pcrforrnancc of the Work. and
6.?5.1.?,. all information relative to CONTRACTOR's
' sole responsibilities in nespect of means. methods. tectrr''' niques, sequenccs and proccdunes of construction. and
safcty precaudgnl ang PPqarns incident thereto.
CONTRACTOn shatl atso havq rerie*ed and .*iinated
each Shop Dnawing or Sample'with other Shop Drawings
and Samples and with the requircments of the Work and thc
Contract Documents.
6.25.2. Each submittal *ill bcar a stamp or specific
written indication that CONTRrcTOR has satisfied CON-
TRACTOR's obligations undcr thc Contact Documents with
rcspcct to CONTRACTOR'S rcview and approval of thU
6.25.3. At the time of each submission, CONTRACTOR
shdl gve ENGINEER speific written notice of such Yari-
ations, if any, that the Strop Drawing or Sample submittcd
nuy havc from the rcquiremens of the Contnact Documcnts'
such notice to be in a wrincn sommunication scparate from
the submittal; and, in addition, shall causc a specific nOation
to be made'on eactr Sttop Drawing and Samplc submined to
ENGINEER for review and aPPmval of csch such variation.
6.26;. ENGINEER will review and aPPn Ye Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sarnplc submittals acccpted by ENGINEER as FC-
quired by paragraph 2.9. ENGINEER's revhw end approvd
will be only to determine if thc items covcred by the submittals
wil!, aftcr installation or incorponation in thc Work, conform to
the information givcn in the C-ontract Documents and bc
compatible with the design conccpt of the completcd Pnoject as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approyal will not extend 1s 6e8rs.
methods, techniques, scqucnom or proccdura of constructioit
(except. wherc a particular mqansr mcthod, techniquc. s( -
qucnce or proccdunc of construction is spccifically and cx-
pressly callcd for by thc Contrast Documents) or to safety
prccautions or Pr.ogtr.ams incident thereto. Thc revicw and
approval of a scpamte item as such will not indicate approval of
the assembly in which thc itcm functions. CONTRACTOR
shdl make correetions rcquircd by ENGINEER, and shall
neturn the required numbcr of cornpcted copies of Strop Draw-
ings and submit as rcquired ncw Samples for rcvhw and
approvd. CONTRACTOR shall direct spccifu attentk)n in
writirU to .revisions o$cr than thc corrections cdled for by
ENGTNEER o.n previons submittals.
6.27, ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relhvc CONTR TCTOR from resporF
sibility for any variation from the requircmens of thc Contract
t,
I..:
27
pcruons or the Work or property at the site or adjaccnt
thercto, CONTRrcTOR, without specid instruction or 8u-
thorization from OWNER or ENGINEER. is oblieBted to
act to prcvent thrcatened damage, injury or loss. CON'
TRACTOR shall gvc ENGINEER prompt wrinen notice if
CONTRACTOR bclicves that any significant changes in the
Work or variations from the Contract Documents havc bcen
cagscd thereby.. If ENGINEER dctermines that a change in
the Contract Documcnts is rcquired becausc of the action
taken by CONTRACTOR in nesponsc to such an cmerBency,
a Work Change Dircctive or Change Order will be issued to
document the consequenccs of such action.
.3
t
t
r-
-l
the Contrzrct Documenrs, as well as dl continuing obligations
indicarcd in the contract Documenrs, will survive final pay-
ment. cbmfletion and qqcep.tancc of the Work and tcrminuion
or completion of the Agreement.
-i'rI ':-
ARTICLET-OEHER wOhK
Additions see '' SC 7 .'5 j .
Rctarel ,Wn* i Sii;. . 't , :
.
7.1. OWNER m"y pcrfiorrn other work relatcd to ihe
hoject at thc site bi OWNER-S own forces, or lct other
direct contracts therefor which shall contain General Condi-
tions similar to these. or havc other work performed by
utility owners. If the fact that such other work is to bc
pcrformed was not noted in the Contract Documents, then:
iil written notice thereof will bc given to CONTRACTOR
prior to starting any such othcr work. and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles I I
and lZ if CONTRACTOR bclicves that such performance
will involvc additionat exPcnse to CONTRACTOR or fiB'
quires additional timc and the parties arc unable to agree as
to thc arnount or extent thereof.
7.2. CONTRACiOR shall afford each other contmctor
who is a party to such I direct contrzrct and each utility
owner (and OWNER, if OWNER is pcrforming the addi'
tionat work with OWNER's employees) proPcr and safe
aoccss to the site and a neapnable opPortunity for the
introduction and storage of materids and cquipment and the
exscution of such othcr work and shall properly connect and
coordinare the Work with thcirs. Unlcss otherwisc provided
in the Contract Documents. CONTRACTOR shdl do all
cutting, fitting and patching of the Work that may be required
to make its severat parts come together ProPcrly urd inte'
gratc with such other work. CONTRACTOR shdl noJ en-
danger any work of othcrs by cutting, excavating or other'
wise altering their work and will only cut or altcr their work
with the written consent of ENGINEER and the others
whosc work will bc affected. The duties and nesPonsibilities
of CONTRACTOR under this paragraph are for thc bcncfit of
such utitity owners and other contractors to the cxtent that
there ane comparable provisions for the benefit of CON'
TRACTOR in said direct contracts bctween OWNER and
such utility owners urd other contractors. . .
7.3. If the pdpcr execution or nesuls of aly' P.tt -of
CONTR g[Oi,'s Work depends uPon work pcrformcd by
othcrs under this Articlc. T, CONTRACIOR shall inspcct such
othcr work and prornptly rdgort to ENGINEER.in writinS-any
delays. defccts or dcficiencies in subh other work that render it
unavailable or unsuitabtc for the propcr exocution and results
of CONTRrcTOR's Work. CONTRACTOR's failure so to
rcport will constitutc an acccptance of such othcr work as fit
and proper for integration with CONTRAC[OR's Work exeePt
for htent or nonafparcnt defecti and dcficiencies in such othcr
work. :" i ' | "
Cordhaioa:
7.4, lf OWNER contracs with o$.ers for,thg pcrformance
ofo.thcr ryork on the Pnory.l a! lhe site, the following will be sct
fortfr in Supplemcnary Condidons: 'r' 't ' rr
-l;,- ' ''r:'i;'::'.; - ;;1.'i'-"-"' :, ).,.'.'',
-" ' 7.4.1:','thi pcrson. firm - t "o'ryi6ration''who ivill have
auth6iity'and rcsfrnsibility for coordination -of 'ttii activities
among the various prirne coirtractors will bc identifrcd:
'l .4.2.,, the spccific matters to bc covercd by such author'
ity and rcsponiiUitity will bc itemizn: and
-; , , ,t.'. l' . ':' ^' ,
7.4.3. lhe ixtent'of such authority ard nesponsibilities
will bc providcd.
Untess otherwisc provided in the Supplcmentary Condi'
rions, OWNER shall have solc authority and rcsporuiibility in
rcspcct of such coordination.
ARTICLE t-+OWNER'S RESPONS I B I LITI ES
8.1. Exccpt as ottrcrwisc provided in thesc General Condi-
tions, OWNER shall issue all communications to CONTRAC'
TOR throueh ENGINEER.
t.2. In casc of termination of thc employrnent of ENGI'
NEER. OWNER shatl appoint an cnginecr against whom
CONTRACIOR rnakes no naasonable objection, whosc status
under the Contract Documens shall .bc that of the formcr
ENGINEER. . .
8.3. OWNER strall furnish the dats requircd of OWNER
undcr the Contract Documents PromPtly and shall make pay'
mcnts to CONTRrcTOR promptly whcn t]rcy arre due as
provided in paragraphs 14.4 and t4.13.
E.4. OWNER's dutics in nespect of providing lands and
easernents and providing engineering survcys to cstablish rcf'
cnence potnts are set forth in paragfaphs 4.1 and 1.4. ParagfaPh
4.2 rcfens ro OWNER'S idcntifying and matirU availablc to
CONTRACTOR copies of rGports of exploratinns and tess of
subsurfacc conditbns at thc sitc and drawirUs of physicsl
conditions in existiru strucurcs et or contiguous Io thc sitc thst
have bcen utilizcd by ENGINEER in preparirU thc Contract
Documents.De1ete 8. 5- 4.5.- bWXgFs rcsponsibilitics in respcct of prrchasirU
and mainninirU liability and propcrty insurancc 8rc sct forttr in
paralraphs 5.5 through 5.10.: ':
t.6. OWNER is obligatcd to executc ClunSe fficrs es
indkatcd in parlgraptr 10.4.'
t.
t.7. OWNER's rcsponsibility in respcA of ccrrain inspcc'
tions, tests and approvals is sct forth in peraSfaPh
.13.4.
t.t. ln connection wi'tfr OWNER's right to stop Wort or
suspcttd Work, scc piragraphs l3.t0'ihd t5.1. Faragraph l-5-2
dcals with. OWNER's right to tcrmihite seiviccs of CON'
TRACTOR under ccrtain circumstsnccs.
I
I
a
n
a
.b
-r
SW Dru*,iags, Changc Oden grrd loYmcnts:
': .'':'-:" 'j "'j i' ' :
g.7. tn conneciion with ENGINEER's huthority as to
Strop Drawings and Samples, see Paragraphs 6.24 through 6.28
9.t. tn connection with ENGINEER's authority as to
Change ffiers. see Articles
,10.
I l. and 12-
9.9. In connection with ENGINEER's authority as to
Applications for Fayment. see Article t4.
Dcurmirutbrc for UniI Pries:
9.10. ENGINEER will determine the actual quantities and
ctassifications of Unit hice Work Performed by CONTRAC'
TOR. ENGINEER will review with CONTRACTOR the EN'
GINEER's preliminary determinations on such mattetr beforc
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be finat and binding upon OWNER and
CONTRACTOR. unless. within ten days after the date of any
such decision. either OWNER or CONTRACTOR delivcrs to
rhe other and ro ENGINEER written notice of intention to
appcal from ENGINEER's decision and: (i) an appeal from
ENGINEER's dccision is taken within the time limits and in
accordance with the procedurcs set forth in Exhibit GC-A.
"D)isprte Resolution Agreement." entcred into bctween
OWNER and CONTRACTOR punruant to Anicle 16. or (ii) if
no such Dispute Resotution Agreement has been cntered into.
a formal proceeding is institutcd by the appealing Party in a
forum of compcrent jurisdiction to exercise such rights or
rcmedies ai the appcding Pany may have with rcspccl to
ENGINEER's decision. untcss otherwise agreed in writing by
OWNER and CONTRACTOR. Such appcal will not be subject
to the procdunes of paragraph 9, I l.
Drcilions on Dbpta:
rhiil ENGINEER bclieves will no1 produce a completed |oject
tlrat .onro.ms ; il; contraci D&umenti or that will prcjudice
rhc inrcgriry of thc design concept of rhe.complctcd Projcct as
a.fr4pctioni.ng *trg!e. H,iqdielgd by the Contnrct Documents'
ENGINEER wi[ also.hai,eliilqriri ro rcQuirc spccial inspcc-
,ion-o, icsting'o1, 1ti'-W;rti: S,i-vided in paragiaph l3'9'
whethei or noiit e Worli is.$b.ncated. installed or complcted-
9.tt. ENGINEER will bc the initid intcrpreter of the
requirements of the Contrrct Documents and judge of the
acceptability of thc Work thereunder. Claims. .disputes and
orher martcrs relating to the acceptabiliry of rhi Work or the
interpretation of thc'requ[remcnJs of, the Contract humcnts
pertaining ro the perforrnancq ahd ftirnishing of the Work and
bUirrund.r Articles I I [nd: t2 i,t respcct;f changes.iit the
Contract hice or, qgQtract.Tirles will be refelrcd initidly to
ENGINEER in yriiing )viih,i ryqrest for a [o1mal'd,ecision in
aUib-rUance with't'trii Olfa+p!. Written notiib of cach such
claini. disputc or oft;r riratter will bc delivered by the claimant
to ENGINEER and.the ot'her Pany to the Agrecrnent promptly
,(but in no cvent later than thiny days) after the sBrt of the
ociurrencc gI eYeqt giving risc thercto. and .Wri1ltn supponing
data wiil. be-supriririca lo ENGINEER an{ the ollq1.p1v
wirhin sixty-.dlyf"q{tcr the start of such occqrref 91.,event
unteislENGIN.EEB allows an additional p".ryd of time for the
il;i;itil gf 4qiitional or morc "..roic data in,.;u-n-efrt'of
such.tlaim: aitpr,. oi'other matter. The oppgsing pitii :lfd
suUmit any rdsponsc to ENGINEER and the claimant wlqfin
thiny days afrer receipt of the clairnant's last submittal (unless
ENGINEER altows addirional time). ENGINEER will render
a formal decision in'writing within thiny. days after receipt of
ttre opposing party's submittal. if any. in'accordance with this
paragraph. ENGINEER'i written 'decision on such claim.
dispute or other matter witt bi final and binding uPon OWN ER
and CONTRrcTOR unless: (i) an appcal from ENGINEER's
decision is takeri within the time limits and in accordince with'
thc procedures set forth in EXHIBIT GC'A. "Dispute Reso'
lution AEecnlg{tt." entercd into'bctween OWNER and CON'
TRACrOR pqrsuanr ro Articte 16. or (ii) if no su'ch Dispute
Resolution AgrseTncnt has been entered into. a written noticc
of intcntion ro appeal from ENGTNEER's written decision is
detivered by owNER or coNTRAcroR ro the. other and to
ENGINEER within rhiny days after the date of such decision
and a formal pnoceeding is instituted by the appcaling party in
a forum of competcnt jurisdiction to exercisc such rights or
remedies as the appealing party rnay have with rcspect to such
ctaim. disputc or other mattcr in accordahce with applicable
laws and RegUlations within'sixty days of the dUc of such
decision. unless otherwise agreed in rvriting by OWNER and
CONTRACTOR.
9.t2,. When functioning as interpreter and judge undcr
paragraphs 9.10 and 9. t t. ENGINEER will not show partiality
ro OWNER or CONTRACTOR and will not bc liable in
connecrion with any interpretation or decision rendered in
good faith in such capacity. Thc rendcring of a decision by
ENGINEER puniuant to Paragraphs 9. l0 or 9.1 I with nesPcct
to any such ctaim. dispute or other mancr (excePt any which
have bcen waived by the nraking or acccPtancc of final
paymenr as provided in paragraph 14.15) will bc a condition
precedent to any cxercisc by OWNER or CONTRACTOR of
such rigfits or rcmcdies as eithcr may othenYisc have under the
Contract huments or by [.aws or Regulaions in respect of
any such claim. disputc or other matter punsuant to Anicle 16.
9.13. Unfudg6 oa EIilGINEER's Affiy andnryrdtiElcr'
t ' ' 'r : '
' 9.t3.1. Neither ENGINEER's authority or nBsPonsibil-
ity under this Article 9 or under any other provision of thc
Contract Documents nor any decision made by ENGINEER
in good faith either to eiercisc or not cxercisc such authority
or nesponsibility or the undertaking. exiltisc or perfonnsncc
of any authority or rcsPonsibility by ENGINEER shall
crcatc. imfusc oi girt risc to any duty owed by ENGINEER
to CONTRACTOR. any Subcontractor. any Supplicr' any
other person or orEanization. or to any surcty for or Gm'
ployee or agcnt of any of thcm.
-7
a
a
I
ai
r
't 3I
,'*
-t
'..
It
.:
7
-T
ra
a
2
i
,
-.+
bc yalid if not submined in accordance with this paragaptt
I t.2.
t 1.3. Thc valuc of any Work'covcred by a Change Order or
, of iny ctaim for an adjustment in thc Contract Pricc will bc
detcrmined as follows:
' I t.3. l. whens the Work involvcd is covered by unit
. prices contained in the Contract Documents. by application
:. of such 'unit priccs to the quantities of the items involved
(subject to the' provisions of paragraphs t t .9.1 thrutgfi
I I.9:3. inclusive); : ;
I I .3.2. wherc the Work involved is not covered by unit
prices contained in the Contract Documents. by a mutually
agrccd tump sum (which may include an allowarrce for
overhead and' profit not necessarily in accordancc with
paragraph I t.6.2);
t 1.3.3. wherc the Work involved is not covered by unit
priccs containcd in the Contract Documents and agrecment
to a lump sum is not rcached underparagfaph II .3.2, on the
basis of the Cost of the Work (determined as provided in
paragraphs t 1.4 and t t.5) plus a CONTRACTOR's fce for
overhead and profit (determined as provided in paragraph
I 1.6).
Cos ol hc Wor*:
t 1.4. The term Cost of the Work means the sum of dl costs
neccssarily incurnd and paid by CONTRACTOR in the proPer
performance of the Work. Exccpt as ottrcrwisc may bc agrced
to in writing by OWNER, such costs shall bc in :rmqtnts no
higher than thosc prevailing in the locality of thc Pnoiect, shall
include only the following items and shall not include any of the
costs 'temizpd in paragraph I t.5:
t 1.4. t. Payroll costs for employees in the direct employ
of CONTRACTOR in the perfomrancc of the Work undcr
schedules ofjob classifications agecd upon by OWNER afid
CONTRACTOR. Such cmployoes shall include without linr
itation superintcndcnts, foremen and ottrcr personrrl ert.
ployed full- time at the site. Payroll costs for employces not
employcd full time on the Work shall bc apponioncd on the
basis of their timc sPcnt on the wort' Pa)'roll costs shall
irrcludc, but not bc limitcd to, salaries and wagcs plus the
oost of frirUp bencfis which shdl irrclude social sccurity
contrihttions, u ncm ployment. c xcisc and payrcl I taxes, work'
er!' compcnsafion, hcalth and retiremcnt bcrrcfits, bonuscs,
sick lcave, vacation and holiCay pay applicable thcrclo. Thc
cxpcnscs of pcrformirry Work after regular working hours,
on Saturday, Sunday or Iegal holidays, shall be included in
the above to thc extcnt authorizcd by OWNER.
11.4.2. Cost of dl muerids and equipment furnishod and
incorporatcd in thc Work, including costs qf transportation
snd storage thcreot and Suppliers' field scrviccs required'in
conncction therewith. AII cash discounts shall accruc tro
CONTRACTOR untess OWNER dcposis funds with CON-
TRACTOR with which to make payrncnts, in which cacc the
cash dliscotrns shall accrue to OWNER. All trade discotttlts.
rcbatcs and rcfurds and neturns from sale of surplus mateti'
: "lg.
ard equipment shatl accrue to OWNER. and CON-
"TftACTOR shall rnakd provisioru so that thcy miy bc
obtaillcd .:
t 1.4.3. Payments made by CONTRACTOR to the Sub
contrzrctors for Work performed or furnished by Subcontrac-
Jotr. If required by OWNER. CONTRACTOR shall obtain
@mpctitivc bids from subcontracton acceptable to OWNER
and CONTR CTOR and shall deliver such bids to OWNER
, who will then detcrminG,'with the'advicc of ENGINEER.
which bids, if any, will bc accepted. lf any subcontract
provides that the Subcontractor is to bc patd on the basis of
Cost of the Work Plus a fce, thc Subcontractor's Cost of the
Work and fee shall bc determined in the samc mantrcr as
CONTRACTOR's Cost of ttre Work and fee as Providcd in
paragraphs t 1.4, I1.5, t t.6 and I1.7. All subconlrasls shall
be subjr:ct to the other provisior6 of the Contract Docurncnts
insofar as applicable.
11.4.4. Costs of spccial consuttants (including but not
limitcd to engincers, architccts, testing laboratories, sutYey-
optS, anorneys and accountants) cmploycd for scrviccS SPC'
cifically relatcd to-thc Work. ''
I t.4.5. Supplernental costs including thc following:
I t .4.5.1. Thc proponircn of ncccssary transportation
travel and subsistcncc cxpcnscs of CONTRACTOR's err.
ployecs irrcurred in disclraryp of dutics conncctcd with the
Work. e
I t.4.5.2. Cost, including transPortation and rnainte'
nanee, of all marcrids, supplies, equiPment. machirrcry,
applianccs, office and tcmporary facilitics at the site and
hand tools not ourned by thc workcs, wNclt are colr:,
sumed in rhc pcrformencc of thc Work. and cost less
market vdrrc of such itcms uscd but not consumcd which
remain the propcny of CONTRACTOR.
I t.4.5.3. Refltals of dl construction cquipnrcnt and
machincry and thc parts thereof whcthcr rcntcd from
CONTRICTORorothcrs in accordancc with rentd 8!fcG-
rncnts spprovcd by OWNER with the advicc of ENGI-
NEER, and thc costs of trursportation, ledirg, unlod-
irg. installUion, dismantling and removal thcrGof-all in
accordancc with thc tcrms of said rentd agrcements. Thc
rental of any suctr equipmnt, machinery or Parts shall
eqrsc whcn the usc thrcof is no lolupr DGcBS8ry for thc
Work.
I 1.4.5.4. Sal6r g6llSumc6 usc or simihr taxes relatcd
to thc Work, and for which CONTR/ICIOR is liablc,
imposcd by l:ws and Rcgulatkms.
I t.4.5.5. Dcposits lct for canscs othcr than ncdi'
gpltcc of CONTRACTOR, any Subcotttrrctr or snyooc
, 'directly or indirectly cmploycd by any of thcm or for'i r' whmc asts rny of thcm may bc lisble, aDd royalry
payrncnts 8nd fccs for pcrmits and licenscs.
33
-4
t
t
t
{}
CorhAllrc: i, .r...,..
, the Contract-
Documgttlr,
nished and
OWNER and
, of lpving incured additiorut cxPcnsc or OWNER b+
' . lievcs ,frir OWN ER is cntitled tq a decrease in Contract
hice and rhc parrrys ale^ ,it.U...ti .g." ils to itrl arnotrnt
I
aI
I
I t.t.2. . CONTRACTOR's costs for unloading and han'
: dling on the site. tabor. instattation costs. overhead, profit
ardorhcl cxpcnscs contemilated for rhe allow:lnccs havc
been included in thc Conrrct hice and not in the allowatrces
and no demand for additional Paymcnt on account of any of
the foregoing will be vdid.
Prior to final paymcnl. an aPpropriate Change Order will bc
issued ir5 rBcommended by ENGINEER to rqflect actual
:rmounts due CONTRICTOR on account of Work covered by
allowanccs, and the Contract Price ttral! be correspondindy
adjustcd.
11.9. Ani, Pricr Wofu
.....
I1.9.t.' Where the Contract Doluments provide that all
or part of thc Work is to bc Unit hice Work. initially thc
Contract Prhc wilt be deemcd to include for all Unit hice
Work :rn amount equal to the surn of the establishcd unit
a-pricc for each scpararcly identified item of Unit Pricc Wort
rimes the estimated quantity of each item as indicatcd in the
Agreement. The estimaed quantities of items of Unit hice
Wort :rne not guarantced and are solely for the purpocc of
comparison of Bids and detennining an initid Contract
hice. Determinations of thc actud quantities and chssifica-
tions of Unit Price Work pcrformcd by CONTRI{CTOR, will
be made by ENGINEER in accordarrce with paragraPh 9.10.
11.9.2. Each unit price will bc dcemed to includc an
amount considcred by CONTRACTOR to be adequatc 1o
covcr CONTRACTOR's ovcrhc.d and profit for each scf
rately idcntificd itcm.Reif"." II.gg $rith'sc 11.9.3
I t.9.3. OWNER or CONTR ICTOR rnay make a claim
for an adjrstnrcnt in thc Contrrt hice in accordancc with
Anicle ll if: ' - :
I t.9.3. l. the quantity of any itcm of Unit hicc Work
pcrformed by CONTRACTOR diffcns materidly and sil-
nificantly from thc estimatcd quantity of such item indi-
catcd in thc Agreement; and . ,.
t 1.9.3.2. 'thcrc,is tx, cqrespolrdins adjustrmcnt with
respeci ro anv ottiir item of Work: and- '
., :: ..t.':' --'-. ''' -;.---'-..-: '',",. : r' -'i:1 ,t".-
^..; . .- ' .l -:..'- ..',. ,''|-
I 1.9.3.3. if CONTRACTOR belieyes thst CONTRIC-t' TOR is entitlcd to an increasc in Contract Pricc as I resulr
ARTTCLE t2 - CHANGF OF CONTRACT TIMES
.a
t2.r. ;" c;";i ril;i'(o, uilii"nes) mav onlv bc
changed by a Clrange Order-or a Writtcn'Anrqnd.mcnt. Any
claim for an adjustmcnt of the Contrilct Times (or Milestoncs)
shall bc bascd on wri[cn noticc dclivered by thc party making
the claim to thc othcr Party and to ENGINEER PromPtly (but
in no event tucr than thiny days) aftcr thc occurretrcG of thc
event giving risc to thc claim and stadrU thc aenerd nature of
the claim. Noticc of the extcnl of thc claim with supponing
dara shall bc dclivered within sixty'days aftcr srrch occurrencc
(unless ENGTNEER dtows an additional pcrid of tinre to
ascenain mone accuratc date in support of the claim) and shall
be accompanicd by ttrc claimanl's writtcn stetemcnt that the
adjustmenr clainrcd is thc entirc edjustmcnt to which thc
claimant has neason to bclicve it is entithd 8s a resrlt of thc
occurrBnce of sairt cvcnu AII claims for a{iustmcat in thc
Contrrt Times (or MilcatorE3) stratt bc detennincd by ENGI-
NEER in accordancc wi$ pgra3l?Ph 9.tl if OWNER and
CONTRICTOR canno3 otttcrwilc;.tnse. No chim for en
adjustmcnt in thc Conurt Tirncr (or Mihstors) will be vdirt
if not submined in'accor&ncc with thc rcquirenrents d this'
paragraphl2.to . -'
12.2. AII tinrc limia staled in thc Contrrt Documents ar:
of $c esscnce of thc ATm"T:
12.3. Wherc CONTRICTOR is Prcventcd from complet'
ing any part of thc Work within thc Cootrrr Times (or
Milestones) due to dclay bcyond the control of CO}{TRAC-
TOR. the Contrrt Times (or Milestoncli) will be cxtcndcd in an
amqrnt equal to thc tinre lct duc to srch deley if a claim is
madc therefor as provided in perafraph lz.L Dclays beyond
rhe control of CONTRACTOR, shrll includc. but no: bc limitcd
to. acts or nedca by O\YNER, asts or nqffi of utility owncnt
or other conu"stons pcrformirf othcr wort rs cmtanpl8ted by
Anicle 7, fircs, froodg. c;*tanics, rbnonnd wcrttEr cordi-
rions or rts of God. Delayr utributrblc 3o .Dd within thc
contrpl of a Subcontrrtc a Supplir shdl bc dccmcd to be
dchys wirhi "9?I{ *gqNTRlcroR-
..i... ." 1 .: :
. 12.4. lVhcre CO}{TR.ACIOR ir preveacd horn complet.
irU any pan of thc Wort within thc Contrs TirH (or
Milesorcs) drrc o dchy bcyond the control of bdh OWNER
and CONTR ICTOR, ill cxtcorion of thc Contru, Tinrcs (or
. Milcstorps) in e{r enurnt .q,lt !o rhc tic locr drc to such
dclay itutt bccONrRAgfOR g'*endtidudvc rcnr,edy fa
'snch deley, ln rp cleit slnll OUfugRti ii+L !o COI{TRAC-
TOR. 1rry Subconrsr;r; Ty. *h|1r, ..11f . 99 person or
orjrnizrtirrr, oqj6 anv sg{ty.fr ir GtrrpioyGe or ejsnl of any
of rhcm. for da$isS6 ariiirg ont of or-risultirU ftorn (D delays
causcd by or within thc cootrol of CONTRACTOR. or (ii)
;:, .l 1.b..t.._.,, !h...allowancei inctude the cost to CONTRAC'
TOR (lesi any "iil.i..blc traac liscoynr)- ol "t?riji.ls and
'equipment rcquircg by'thc allgwancc's-!o, h.d-:livcred at the
site. and dl apPlicable uu(6: and
-!
L
I
:.J
?
t_
I
l5
,
a
.*:;i i-irlr..'-,..;'1t )". .' ''
irrcludcd in
COT.{TRACTOR aSrecs
r-
,
t
a
shall not gye rise to any duty on the part of OWNER to
exercisc this righr for thc bincfit of CoNTRAcToR or any
sunety'orodrcipSft/'. i:''' - ^'f: "'''' -"
c#rrRcdof Dclcdtcwu* ':.,l,::;...'.-...i:..;.\..:.,..',.:.......
t3.tt. If rertuirEd by ENGINEER; CONTRACTOR shall
promptly. s directcd. either coric-a ell dcfccrfvcWork. whcthcr
o, noi fabricarcd, insrellcd or iompleted, or. if the work has
been rciccicd by ENGINEE& remoyc it from the site and
replacc it with work rhar is not dcfcctiva. CoNTRAgToR shdl
p"y all claims. cosus. loiscs and damagT caus.qd by or nesulting
ho-r such correction or removd (including but not limited to all
costs of repair or rePlrccment of work of others).
pay'all it"irs. costs. lossc:' 14 darnagcs anributable to
bWNER's ''evirlnadon of aid dctermination to accept' such
defecrivc work (stich'crists io bc approyed by ENGINEER as
to rearcnablcness). If any such accePumce occus Prior to
ENGINEER's recorunendarion of final payrncns. a Change
Order will bc issrrcd incorporating the nccessary revisions in
rhe conrracr Documenrs with re_spcct to ihe work: and owN ER
stnll bc entitled to an appropriatG decreasc in the Contract
price. and; if the parties ane unable to aSrtee as to the amount
thereof,'OWNER rnay make a claim therefor as provided in
Article I l. lf the acccptance occuni .ftgr such necommenda-
tion. an appnopriate alnount will bc paid by CONTRACTOR to
OWNEB, Mcl Clnd Dcleaitc .Wu* "' .
13.t4. If CONTRICTOR fails within h neasonable time
aftcr wrincn notice from ENGINEER to corrcct defeaive
Work or to nemove ard replacc rcicctcd Work 1s rcquircd by
ENGINEER in accordancc with paragraPh l3.l t. or if CON'
TRJTCTOR fails to perform thc.Itbrk in accordance with thc
Contract Documen6, oF if CONTRr{CTOR fails to comply
with any other provision of the Contr:rct Documents. OWN ER
mayi aitcr sgye"l diys'' wrinen noticc to CONTRACTOR'
correct and reniedy .any such deficierrcy. ln excrcising the
righS and remedhs undcr this psra3faPh OWNER shdl pro
cecd expedititxrsly. tn conncstion with suclt corrective and
remcdial action. OWNER may exclude CONTRACTOR from
atl or part of the site. takc possersion of dl or part of thc Work.
and suspcnd CONTRACTOR'3 scrvices relarcd thcreto. take
possession of CONTRACTOR's. toolsr appliansBs. coostRlc'
tion equipment and machincry at thc site and incorporate in the
Work all marcrials and equipmcnt storcd at thc sitc or for which
OWNER has paid CONTRACrcR'but which are stored
elscwlrcre. CONTRACTOR shall dlow OWNER. OWNER's
rcprescntatives. agents and employor, OWNER's other con'
!r"cto6 and ENGINEER and ENGINEER's Consult&ols 3G'
cess to the site to enable OWNER to exercisc thc riehts and
rcrnedies under this paraSraph. All claims. costs. losses and
damages incurrcd or sustaincd by OWNER in exercising such
righs and remedies will bc charyed ?g-inst CONTRACT0R
and a Chanf Oder will be issucd incorporatirU the rrccessary
rcvisions in the Contrast Daumcns with rcsPct to the Work:
and OWNER shall bc cntitled to an appropriaqc decreasc in the
contract hice, 3rd, if thc parths are unable to aSrcc as to the
amqtnt thereof, OWNER miy rnrle a claim therefor iN
providcd in Anicle I l. Such chims, costs, Iosscs and damages
will irrclude but not bc limitcd to all csts of rcPsir or replscG'
rrcnt of wort of othcrs dcstroyed or darne3d by correction,
rerrpvrl or replaccnrnt of CONTR/|CIOR's dcfectivc Wott.
CONTRACTOR shetl not ti' alloivcd :rn extension of thc
Contrzct fimes (or Milcrtoncr) bccsusc of any delay in the
pcrfonnancc of thc Work anributablc !o thc exersisc by OWN ER
of OWNER's righs and rcrnodb hereundcr.
ARTICLE I4-PAYMENTS TO CONTRACTOR AND
- .: ' ". COMPLETION.,-- -' );,:;.,'- i,i.i. ,:- r .
I
a
II
:
:
:
:
I
Ul.L:L Corrrrrion W:
t3.lZ.l. lf wirhin orre yeer aftcr the date of Substantial
c-ompletion or suctr tongcr pcrid of time as may be Pre-
scribcd by [:ws or Rcgglatio]rs or by the tcrrns of any
applicable spccial $r3lalicc re.quired by the Contract Doc'
umenrs or by any spccific provision of the Contrirct Dau'
mcnts. any Work is found to bc defective, CONTRACTOR
shall promptly; wit! .rout cost tb OWNER and in accordancc
wirh OWNER'S wrirten instructi6ns: (i) correct such dcfec'
rive Work; or. if it has been rejected by OWNER' rcmove it
fuom the sitc and rcplacc it witti Work that is not dcfectivc,
- and (ii) i1isfac6rily con'Ect or nemove and replacc any
damage" to orher Work or the work of others resulting
thercfrrom. If CONTRACTOR docs not promPtly comply
with the terms of such irutrucdons, or in an emer3ency
wherc delay would causc serious' risk of loss or damagp,
OWNER may trave the dcfective Work corrsctcd or thc
reilcrcd Work nemovcd and replaccd. and dl clairls. costs.
tosscs and danraSps causcd by or resulting from such fiE'
moval and replaccment (includirU but not limited to dl costs
of repair or replaccment of work of othe6) will bc paid by
. CONTRTCTOR.
13. t 2.2. fn ,p".ial circumstancr where a particutar item
of equipmcnt is placed in continuous scrvice bcfore Substan'
tial Completion of all thc Work. thc correction pcriod for thar
item mry start to run from an earlhr duc if rc provid in
the Spccifications or by Wti!- Amendtnent.
t3.t2.3. Whc13 ddccttYc.-Wort (and damaf to other
Work rcsultiry thcrcfionD hes bccn cotrscted, removed or
replrced under this psralriph 13.t2. the tbrrection pcriod
hereundcr with nespcct to such Work will trd extendcd for ur
additionsl perid of onc year after such correction or rre'
motal and replrcernent has becn satisfactorily completcd.
.r
...- i..' '. . ,, :..: 1l . .. . .' ,r. - . .. .,
^yolDclectnryqb , , i .:
t3.13. It instead of requiring corrcction or rcmovd and
replrcnrcnt of dcfcitivc Wort. OWNER (and. prior to ENGI'
NEER's ricommcirdatinn of final payment. also ENGINEER)
ptefen to acccpt ir. OWNER rnay do rc. CONTRICIOR shall
', "'''. "',;;l.ti ",..' .l i.'...,.- i r. .,r. ..r:,.' i .;"". .-, :.;'r "i''
t4.t. The sctrcaUe'of vdu;s'eitaUtistrcd rs provided in
para8raph 2.9 will scrve as thc basis for prqpss Payments and
l
J
.' "r,i t' ,- r
37
1l
I I
t
_
I
.I
,
'!
t4.7.6. Licns havc bccn filcd in conrreflion with ihe
Work. excep( where- CONTRACTOR has dclivcrcd a
, . spccific Bond sa.q*19%.9;o!\hlER to securl thc
: ,14.7.;. -'ileil "* !ihii:id#.ei,r1ir{gi'ot}reit, qi a
rcnce of any of the. e"ins -grluliiratEd in- pa{agraphs
. : 14.7.1 throuih 14.7.3 oi p"ragnbt i i 5.2,.1. thro,ugh l5-2.4
but owNER rnusr gtve coNTRAcroR immediate wrinen
noticc lwirh a copy to ENGINEER) stadng the reasons for
such acrion and promptly pay, coNTRAcToR the amount so
.withhctd. or any adjustment thenero agrecd to by owNER and
CONTRTqCTOR. whcn CONTRACTOR corrects to OWN-
ER's satisfaction the rearcns for such action.
ENGTNEER in wridnS prior to ENGINEER's issuirtt thc
a e n iirir**i H""re of Subsrindal completiott. E NG I N E ER' r
.f,"nilj -#m-ndation will bc bindins on OWNER' and
CONTRACTOR Until final Payment. .i '1;"';1'' ,"-', i-' -:i: ".':
t4.9. OWNER shall havc rhe rigit to exclude CONTRAC'
TOR from the Work after thc datc of Substandal Completioo.
but owNER stult allow CoNTRACTOR rcasorrable access to
:. j.11' ;.i.:.,.,ii'i1 ,":J.'iri.:i,,Jt.ii ar.i?.,:.';_.:.1 :,f,: i.r .,.
: :. "...n ' rL'; ' 'it i.'..'.-.r':,'Jl;;, i i-;:-;j-):... !e, i: .r ., ...:. ....'.. :."
' : -:.1..,i ] ., .r7;-i .,:.:l:,.'"i 1j.,.. .,.-:r:. --!'rr....'.'
t4.lo..; Usc bv OWNEdat O$r}{ER:{'Ji,iir"'of inl 'uu
stanriatty cornplered pa{t ortiie.iP* *hicii; (i) l,T spccificallv
been identificd in rhc. Conr5act Docur.nenrs. oi (ii) owNER.
ENGINEER and CONTRACTOR asrec constitutcs a lcpa'
rarcly furrctioning and usable part of thc work that can bc uscd
by owNER for its inrendcd purposc wittrout significant inter'
fercnsB wirh co!{TRAc@R's pcrfoman&- of thc remainder
of thc Work. rnay bc acconrptished prior to Substandal Corn'
- ..-.-. ,t:'':r.:."
t4.tQ.l.
-
OWNEB'at asi timc may. request CO.N'
TRACTOR in wdtirE ro'pcrmit owNER to usc any such
part of ttrc wort which,owNFR bcfiaics Io bc rcedy for
its inrcndcd ueg and sOsur;ti{ly'. complctc. U CON'
, TRACTOR asrecs dBI such q.rt of thc work is $b6tejF
. rialfv .omplet, CONTRACIOR 111lcenify to OWNER'
and ENGiNEER tiar sGtr-p.rt of{hc worl ir substarF
r,ially compleF.and rcqgpst ENGINEER !o issue t iertif'
icarc of Subsantiat Conrpl+1"" for_ ttlat Part of thc Work-
CoNTRACTOR at any:-tisic riui'ncirify owNER' and
ENGINEER in writing,tlirl CONTRACTOR considcn
any such part of thc Wort redy for its_ intcndcd usc and
subsrantially cornpletc ana requcst ENGINEER to issue e
certificarc of Substantial Comphtion for thar Fn of the
Worlc Within a rearcnable tinp aftcr eithcr such requcst.
OWNER. CONTR,ACTOR ANd ENGINEER SITAII MAIC
an inspccrion of that part of thc Worlr to dcterrninc is
srarus of complerion. If ENGINEER dcs not consider
that part of the Work to bc substantially completc. ENGI'
NEER will notrfy OWNER, ad CONTR/I[OR in wrir'
ing givirU the reasons thcrefor. lf ENGINEER considcrs
thU part of the Work to bc suhantially complcte. the
pmvisions of para8raPhs !4.t end 14.9 will apply with
rcspcct ro ccrtificatbn of Subitrntid Complaion of that
pl1 of thc Work.and rhc.$i.yrsir1 o1 resporuibility in
respcct thcrcof and 15:f.thcretol, .' , : . .
14. t0.2. ' No"occupancy br sipratc oPcr.adon of part
of thc Wort will bc accomplishcd prkr to somPliencc with
,t. i"quirc*r.,F of p.Hir"ph l:tl. in respgn of propcny
insurance. " ';-"'
-..': '.r'.." ',':.t:. ll: ' : ..-, .., ."i'
St$ltaluol Confletim:
14.t. When CONTRACTOR considers the entire Work
rc;/1yforits intended usc CONTRACTOR shdl notify OWNER
and EXCTNEER in writing rhat the entirc Work is substantially
complete (except for itcms spccifically listed by CONTRAC'
ToR as incomplete) and nequcsr thar. ENGINEER issue a
ccnificate of SuLsuntial Completion. Within a rcarcnable time
thereafter, owNER. coNTRrcToR and ENGINEER stull
mate an in'spccdon of the Work to'determinc thc status of
complcricn. ir gxolNEER docs nor consider the work sub
stantiaily complere, ENGTNEER will notify coNTRAcroR
in rriing gving the reasons therefor. tf ENGINEER considers
the work subsrantially complere, ENGTNEER will prcper€ and
deliver ro OWNER a rentative certificarc of Substantid Conr
pletion which shall fix the date of Substantid Completbn.
There shall bc anached to rhc cenificate a tentativc list of items
to be completed or colrectcd beforc final payment. OWNER
shall have seyen days after rcceipt of the tenstive ccrtificatc
during which to rnakc written objection to ENGINEER :Ls to
any provisions of the ccrtificate or attached list. lf. aftcr
considcring such objections. ENGTNEER corrcludes thar the
.Work is nor subsrantially complete. ENGINEER will within
fourteen days after submission of the tentative ccrtifuare rc
OWNER notiff CONTRAI[OR in writiry, sadng thc neasons
drerefor. lf; aftcr coruileratim of owNER's objcctions. EN'
GINEER iqrrsi.lers thc $brt substantially complcte. ENGI'
NEER will wirhin said fourrccn days exccutc and deliver to
OWNER and CONTRACIOR a definitive cenificue of Sub'
stanriat Completion (with a reviscd renadvc list of ircms to be
ccimplctcd or corrected) ref,ectint such changes from the
tenrarive cenific.ltd 'ai ENGINEER believcs justificd aftcr
considdraribn bf ani'objcctions from OIVNER; At thc tinic of
delivery of the tentativc certificate of Substantid Cornphtion
ENGINEER will dcliver to O\YNER and CONTR,ACTOR' a
written nacommcndation es to division of responsibilitic PGn&
ing fin8l paymcnt htwsen OWNER arrd CONTRACTOR wi0t
rrpcct to. sGsurity, opcnrion, safety. maintcnance. tlcat. utili'
ties, iniuranci end weranties'add Sxrarantqes. Unlbss OWNER
and CONTRACTOR afrcc ottrcrwisc in writirg and rc inform
,4...
Fiaat lrrqprrdor:'
.r;, -.
t4.l l. ' Upon wrincn noticc fr,om CONTR/ICIOR that thc
dhtire Wo*'or 8n sgccd eotdon'thcrcof ir complctc, ENGI'
NEER will nrsltc e finet in'spcctiqr'irith OWNER md CON'
TR CIOR ard will notiff CONTR/CTOR, in urritirU of all
I t'.:r.,i .." rl r t'.i'.' ... . - :'r]'t'
I
39
{>
15.2.2. if COtmneCtOn disregards ihe authority of
15.2.4. if CONTRACTOR otherwise violates in any sub
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surcty.
if any,) seven days' written notice and to the extent permit-
ted by [.aws and Regulations. tcrminate the services of
CONTRACTOR, cxclude CONTRACTOR from the sitc and
taie possession of the l*'ork and of all CONTRACTOR'S
tools, applianccs. construction equipment and machinery at
the site and use thc same to thc full cxtent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trcspais or conversion). incorporate in thc Work all materi'
ats and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored clsewhere.
and finish the Work as OWNER rnay deem expedient. In
such case CONTRACTOR shall not bc entitled to receive
any further payrnent until the Work is finished. If the unpaid
batance of the Contract Price cxceeds all claims. costs,
tosses and damages sustained by OWNER arising out of or
rcsulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims. costs. tosses and dam-
ages exceed such unpaid balance. CONTRACTOR shall pay
the diffcrence to OWNER. Such claims. costs. losses and
danrages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order. provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be requircd to obtain the lowest price for
the Work pcrformcd.
15.3. Where CONTRACTOR'S services have been so ter-
minatcd by OWNER. thc tcrmination will not affect any rights
or nemedies of OWNER agsinst CONTRACTOR then cxisting
or which may thereaftcr accrue. Any retention or payment of
moncys due CONTRrcTOR by OWNER will not releasc
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER, OWNER may. without cause and without
prejudicc to any other right or remedy of OWNER. clect to
terminate the Agreement. In such case. CONTRACTOR shall
bc pard (without duplication of any itcms):
15.4.t. for completed and acccptable Work cxecuted in
accordance with thc Contract Documcnts prior to the effcc-
tivc datc of termination. including fair and reasonable sums
for overhcad and profit on such Work;
t5.4,3. for expenscs sustiined prior io the effcctive dare
of rermination in pcrforming scrvices and furnishing laboi
materials or equipment as required by thc Contract Docu'
ments in connection with uncomnlc1gd Work, plus fair."ld
reasonable sums for overhead and profit on such cxpcn3cs;
t5.4.3. for all ciaims. costs. losscs and damages incurred
in scttlement of tcrminatcd contracts with Subcontnlctors.
Suppliers and olfcrsq,?nd :, . . ,, ..
t5.4.4. for
tcrmination. '
CONTRICTOR shdl not bc paid on account of' loss of
anticipated profits or rcyenue .or other e@nomic'toss arising
out of or resulting from such termination.
CONTRACIOR May Stop Wq* or Tdminru:
15.5. If, through no act or fault of CONTRACTOR. the
Work is suspcnded for a pcrid of morc than ninety days by
OWNER or under an ordcr of court or other public suthor-
ity. or ENGINEER fails to act on any Application for
Payment within thiny dayl after it is submitted or OWNER
fails for thiny days to pay CONTRACTOR any sum finally
determincd to bc due, then CONTRACTOR Day. upon
scven days' written notice to OWNER and ENGINEER.
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time. tcrminate the Agree-
ment and necovcr from OWNER peynterit on the same tcrrns
as provided in paragfaph 15.4. In lieu of terminating the
Agreement and without prcjudice to any other right or
remedy. if ENGINEER has failed to act on an Application
for Payment within thiny days after it is submitted. or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to bc due, CONTRACTOR may
upon sevcn day's written notice to OWNER and ENGI'
NEER stop the Work until payment of dl such amounts due
CONTRACTOR, including interest thereon. Thc provisions
of this paragr-eph 15.5 are not intended to preclude CON-
TRACTOR from making claim undcr Articles I I and 12 for
an increasc in Contract Price or Contnact Times or otherwise
for expenscs or damage directly attributable to CONTRAC-
TOR's stopping Work as pcrmitted by this paragRph.
ARTICLE I 6-DISPUTE RESOLUTION
If and to thc cxtent that OWNER and CONTRACTOR trave
agrecd on the method and proccdure for resolving disp,utes
bctween them that may arisc under this ASrecment. such
disputc resolution mcthod and pracdunc, if any, shall bc as sct
forth in Exhibrit GC-A. "Dispntc Resolution Agrecment." to bc
attached hereto and madc a part hcreof. If no suctr agrecmcnt
on the method and proccdure for rcsolving such dispttcs has
been reached, and subject to thc provisions of paragraphs 9. t0,
9. t t. and 9.12, OWNER and CONTR CTOR rnay exercisc
',5.2.t. if CONTRACTOR pcrsistently fails to pcrform
the Work in accordance with the Contract Documents (in-
cludine. but not iipll.a'19: faitrfrc io supgf y.-syffigi:n1,skilled
workcrs or suitabtb' miterials' <ir cqiripniinr or failurc to
ad hirc to t he' proercss' sched,if i iiub I is hed' u nd cr paragraph
2.9 asadjustei f-1n time to time Pttrsuani to parabraph 6-6):
15.2.2. if CONTRACTOR disrcgards [:ws or Regula'
tions of any public body having jurisdiction:
4l
..t-.
.::'
r-='
rt
a,
i-4l{
I
'4Ail
I
tltt
SUPPLEHENT TO THE GENERAL CONDITTONS
The following Supplementary conditionE arnend or aupplement the Standard GeneralConditiong of the Conetruction Contract (EJCDC No'. 1910-8, 1990 Edition) andother provieione of the Contract Documenta.ag indicated'below:r. AII proviaionewhlch are not go amend€d or supplemented remain in fuII. force and effect.
SC-1 Definitions and Abbreviations:
In addition to the provisions ofdefinitions apply:
Article l, the following supplemental
'Owner' ehall mean the City of Fayetteville, Arkansas, acting thorough ite dulyauthorized representatives. Address - city of Fayetteville, 113 weEt Hountain,Fayetteville, AR 72701 ' :
]9letlg"l'-shall mean the City of Fayetteville Engineering Division (telephone501-575-82061. Note "O!{NER", "ENGINEER" and "O[{NER and ENGINEER" may be-usedinterchangeably.
t
1I
?
:
:
I
a
I
,Ea
iI
I,.t
:I
I
t,
..-
I
'.-)
:
'Reeident Project RePresent,ative" shall be the authorized representative of the"Engineer". : :,. ..
:
"Surety" _or "Eureties" shall mean the bondsmen or party or partieg who have madethe fulfillment of the contract by bonds, and whole slgnatures are attached tosuch bonds.
'Advertisement" shalI mean Ehe aII legal publicationE pertaining to the work ofthLs contract.
'PIan8' shall mean, collectively, alI of the drawings pertaining. to the contractand made a part thereof, and also such supplementary drlwings as-the Engineer mayiesue from tl-me to time in order to clar-ity the drlwings, -or for the furpoee otshowing changes in the work as authorized under the selction ,,Modificiti6ne andAlteration8r' or for the showing of details which are not shown thereon.
'Grade' as uEed in these specifications shalI mean and indicate the establlshedelevattong of the -paving, flow Iines of sewers and other appurtenances aa shownon the plans on file in the Engineer,s office
Whenever the following abbreviations are used, they shall have the correspondlngmeaning ag Ehown below:
AASHTO -ACI -AGA -
A}ITD I
ASHTD -AISC -ANSI -APA -ASA -AST},I -AWG -AT{PA -AWS.-
AI{[{A -'GSA .:
Ameriean Association of State Highway OfficialsAmerican Concrete Institute
Amertcan Gas Associat,ion
ArkansaE Highway and Transportation DepartmentArkanaas Highway and Transportation DepartmentAmerican rnstltute of Steel constructionAmerican Nationar standards rngtituteAmerican Ply^rood Association
American Stlndards Aesociation
American Society for Testing Materiare
Amerl,can Wire Gage
American glood Products Association
. Arnerlcan ifelding Society
Amertcan gtater Works AsEociat ionGener+l 'services Administ,ration, U. S. Government-
1
{-
?
.1,
T
I
I
I
I
!
I
hie power-of-attorney. The mere countersiqilinq of the bonds bv a resident aqentshall not be sufficient. No employers' Iiability, public Iiabi,Iity or $rorkmen'acollective ineurance policy. shall be written in any casualty company notauthorized to do business in the State of Arkansae. These policies shalllikgyiae be'ieeued, by a resident, local agent liceneed by. the. Insurance Commiseionof.'.the.stateofArkans33....::'.'.'..',
' '- i r7':
SCS.1.2 Addltional lnformation. The Contractor shall provide.the bonds aedeecribed in theEe gectione within ten (10) days after the reieipt of the NoTICE
. :.: : ;._. i..'OF AWARD.
...- .,-..: . .: :.:1..j'-" - :.
For contracte in exceae of S10O,0O0.0O the bonds shall be,igeued by a bonding
company lLsted by the A.M. BEST Rating Book aE follows:
(1) contracta in excess of SIOOrOOO.OO, but"Iees than SITOOOrOOO.OO - ,B+.
rating or higher and contract amount may not exceed 2.0t of the policyholder,geurplus.
(21 contracte in excess of 51,0001000.O0 - rrAil rating or higher and contractsmay not exceed 2.0t of the policyholder,s surplus
The expense of all bonds shall be borne by the CONTRACTOR.
t
II
I
I
,
;
f
't
.l
a
SC 5.2. Deletereplace with the paragraph 5.2 of the ceneral CondLttons- Ln its entirety andfollowing new paragraph 5.2:
!-C 5.?. If at any tJ.me a surety on any such bond is declared bankrupt or loseeits right to do business in the state of Arkansas or iE removed from the abovelist of, Eurety companies, the coNTRAcTOR shall within ten (1O) days after notlcefrom the bond company that conditionE are as deecribed Ln this ientence and/orafter notice from the OIINER to do so, Eubstitute an acceptable bond or bonde insuch form and sum and signed by other surety or suretleB-as may.be aatisfactoryto the ol{NER. The preniums on such bonds shall be paid by thE coNTnAcToR. Nofurther Paymgnt shall be deemed due nor shall.be mide un{il the new,aurety oreureties EhaLr have furnished an acceptable bond to the o!{NER.'
sc-s . 3 T - i aarr a arl Qrr *al.iae anr{ Tnerll.a,Fao lrap}ifiaq}a ar f T n ert Fr rrr r-6
SFS.3.1 Add the following net, paragraph immediately after paragraph 5.3.1 ofthe General CondLtions which readg ai follows:
the CoNTRAcToR shaIl furnish performance and palment bonds as provided for byArticle 5 of the General conditiona executed By- a resident locil agent wtro iilLcensed by the Arkansas state Inaurance comnri'Esioner to ""!r"""nt the auretycomPany executing said bonds, and filing with such bonds hig power-of-attorneylT!!e merg counter+lo=nigg of the Pgnd?-by i fesident aoent shalliot Ue eufftcieni.No- employ-e-rs' Iiability, public. Iiapollcy ahall be written in any caaualty company not authorLzed to do bugl,nesg lnthe state of Arkansas. Theie pollciis gfritt'Iikewiee be isgued by a reaLdentIocal._agent llceneed.by the Inslrance comnissLon.of, the state of Aikaneae.
!c5-3.2 Delete the second sentence of paragraph 5.3.2 (,ot{NER shall deliver toContractor. . .,') in ite enttrety.
Add the following paragraphs immediately after .the.respecttve.-paragraphs
3
I
:
:
a
_
contalned in paragraph 5.4 of the General Conditions:
scs.4 - 14
The lirntts for liabillty for the ingurance reguired by parag:.-aph 5.4 "i theGeneral Conditions ehall provide coverage for not Iees than the fc.Ilowing amount,sor the greater where reguired by law:
Workera Compensation:
1 ) State:2l Applicable Federal:3) Employer'a Liability:
Statutory
Statutory
S1OO, 0OO. O0 each oceurrence
Compreheneive General Liability:
51,O00,000.O0 Combined single Limit
Policies wilI include premise/operations, products, completed operations,independent contractore, explosions, collapse, underground hazard, iroad Formcontractual, personal injury, with employment exclusion deLeted and broad formproperty damage.
Comprehensive Automobile Liability
Bodlly Injurys
S1r 000, OOO. OO Each person
$2 , O0O, OOO. O0 Each occurrence
Property Damage:
S5OO, OOO. OO Each occurrenceor a combined single limit of 52 , ooo, OOo. oo.
scs.5 ol'rNER'S Liability fnsurance. Delete paragraph 5.S of the Generalconditione in its entirety and insert the folrowing in its prace:
5.5. olfNER'S and ENGfNEER'S Continoent Proteetive Liabilitv fngurance.
The CoNTRACTOR shall indemnify and hold harmlesa the otfNER and the ENGTNEER andtheir agenta and emPloyees from-and against all losses and claime; demand-,PaymentB, suits, actions, recoveries, judgements of every nature and descriptionbrought or recovered againEt them uy relson of omission o-r act of the coNTRAhoR,hig agent-(8), employeee, subcontrattor, anyone directly or indirect).y ;ili;t;eby any- of them or anyone for whoge acts -any of theni miy-u". fiauL", in it"execution of the-work or guarding of it. The cbnrnnctoR shall obtain in the nameof the ogrNER and ENGrNuen leitner as co-ineured or by "n--""li"rrty, and ahallilil!1il--an-d^ Ply the premiums for guch lnsurance in an amount not leaa thatS2r0oo,ooo.oo for. _property damage and bodily inJury fi.ii"l and wLth suchproviaione as gharr pioteCt the OI{NER and eNcrNesh from conrirrg"nt rEtiriivunder thie contract.
SCS. 6 Prooertv Insurance.
Derete paragraph s. G of the Generarfollowing in its place:condltions in its entirety and insert the
4
i
ti.it\
*.\
atr
SC 6 - CONTRACTOR'S RESPONSIBILITTES
se 6.6 - ProoreaB sehedules.
Add a new paragraph 5.5.3. immediately following paragraph 6.6.2 which ehall
read!
An updated scheduler in the format spectf,ied in the Technical specifications,ghall be required with each Bubmittal for progreaa payment by the CoNTRACTOR.
Failure to provide an accurate schedule land/or updated achedule) shalJ. be reaEon
for OIJNER to refuse progress payment to CoNTRACTOR.
sc 6.30 CONTRACTOR'S GeneraHarrantv and Guarantee.
SC 5.30. 3 - One Year 9larrantv.
Add a new paragraph 5.30.3 immediately following paragraph 6.30.2 which ghall
read:
For a period of one year, or longer if specified by epecial guarantees or by law,the Contractor Ehall at the contract,or's expenEe make all repairs and
replacementa necessitated by defects in the materiale, workmanship or proeecution
of the ilork eupplied under this contract, and pay for any damage to other worksor property resulting from such defects. The Contractor shal} hold the Orrner
and Engineer harmless from any liability of any kind arising from said defects.
Ihe eff,ective date for the beginning of, the one year warranty period wiII be aedecided by the Engineer and will be either the date of the Engineer'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.
The Contractor ehall make all repairs or replacements promptly upon receipt ofwritten order for the repairs or replacements from the owner. If the contractorfailg to make the repairs or replaeementE promptly, the owner may perform thework and the Contractor and the Contract,or's surety shall be liable for aLl coatsthereof.
SC 7 OTIIER $'ORK
SC 7.5 Seoarate coNTRACToR Claim. Add a new paragraph immediately afterparagraph 7.4 of, the General Conditions which ehal,l read ae follor.rg:
SC 7.5. Should CONTRACTOR cauEe damage to the l{ork or property of any separatecontractor (or Eeparate party) at the site, or should any clairn arieing out ofcoNTRAcTOR's performance of the tlork at the site be made by any -eparate
contractor (or separate party) against CONTRACTOR, OIINER or ENGfNEER, or any euch
Peraon, CONIRACTOR sha1l promptly attempt to settle rrith Buch other Eeparatecontractor (or separate party) by agreement or otherwise resolve the dispute byarbLtration or at law. coNTRAcToR shall, to the fulleet extent permittea UyLaws and Regulations, .indemnify and hold OI{NER and ENGINEER harmlies from andagainst all claims, damages, losses and expenses (including, but not limited to,feee and-chargea of engineera, architectsr-attornays and o€her profesaionale andcourt and arbitration costa) arising directly, indirectly or consequentially outof any action, J.egal. or equitabl-, brought by any separate contractof (orseparate Party) against owNER or ENGfNEER to the extent based on a claim arlsingout of CONTRACTOR'S performance of the t{ork. Should a aeparate contractor 1oiaeParate Party) cauae danage to the l{ork or property of CONTRACTOR or ehould theperformance of t{ork by any separate contractor 1oi separate party) at the Bitegive riae to any othei cliim, coNTRAcToR Eha1l riot inititute any-iction, Iegal
5I
.l+t,i
I
I
I,
t
or equitable, against, OWNER or ENGINEER ot trrermlt, any act,Lon against them to bemaintained and continued in CONTF"ACTOR'S name for benefit, in any court, or beforeany arbltrator which seeks to impose liability on, or recover damages from OWNERor ENGINEER on account of such damage.or claim; . If CONTRACTOR ta delayed at anyttrnq.-1n-,peiiormlng.- or'furnishing.work:by' any act,.or.'neglect of a eeparaiicgntrac.lqr, (oq,Beparate party). and OIINER and CONTRACTOR are unable to agieb aeto the extent of any adjustment in Contract Time attributable thereof, CONiRACIOR
may make a claLm for an Extension of Time in accordance with Article 12 of theGeneral ConditionB. An extension of the Contract Time. shd,lL be,the CONTRACTOR,Sexcluilvb'reibaf'wtth iespebg't6 owliiiR and ENGINEER for any delay, aisrupit-n,interference or hindrance caused by any separate contractor (or separat,e plrtyl.Thta paragraph doee not prevent recovery from OI{NER or- ENGINEER f,or activittlEthat are thelr respec.tive contractual responsibilltles. :. '
SC-8 OWNER'S RESPONSTBTLITTES
Sc 8.5 Delete paragraph 8.5 of the ceneral Conditions in it's entirety.
SC 10 CTIA}TGES rN THE I.IORK
Add a new paraiTraph 10.6 immediately following paragraph 10.5 of the GeneralConditione to read:
:'abide by the followingthe Work whieh reguire
10.5. Limits of Aurhorirv. CONTR.ACTOR shall note and
OWNER'S and ENGINEER,S limits of authority for changes ina change ln the Contract Price and contract time.
I Except in the case of extreme emergency to protect public safety, pub1J.c welfareor substantial workl the following limits of Authorlty to the owNeR and ENGTNEERghall apply:
.
Engineer's Representative No authority.Engineer - No-buthority.
Mayor - S2Or000.OO (Accumulative)
..
AI1 accumulative changes which result in Contract Price changes in excess ofS2Or000.00 shall require the formal approval of the Fayetrevifte city councit.
SC 11 CHANGE OF CONTRACT PRICE.
!c=11-9=- - Un.it PricP work. Paragraph 11.9.3 of the General conditions is herebydeleted in its entiret.y and the -following is substituted in its !f"".t
11.9-3 The unlt price of an item of Unlt Price l{ork shal} be subJect toreevaruatibn and adjustment under the forlowing. conditions:
11.9-3.1 if the total cost of a particular item of Unit price woik amountB to2! Percent or more of the contracl Price and the variation of the quantity ofthat particular item of Unit Price work performed by coNTRAcToR diffira Uy irorethan 25 percent from the estimated quantity of such irem. indicated in the
11.1.3,.2. if there is n-o corresponding adjustment with respect to any other ltemof tlork; and
11.9.3.3 lf CONTRACTOR believe thatregult thereof i or
' i:' \;
it has incured additionar expense as a
I
t
.,,
1
I
I
!
7
I
t
I
i
I
rE-
furnieh to the ENGINEER such detailed information including invoices frommaterlal eupp).iers aB the ENGINEER may reguest to ald in the prLparation of the
Progreaa Palment estimate. All.payment request,s are eubject io retainage asdetermined by the ENGINEER. Retainage shall be 10t of said estirnate until SOtof the work has been fully completed. At sOt completion, further partial
Payments ehalL be made to the contractor in fuII with no additional relainageunlesg the ENGfNEER determines that the project is not progresslng satidfactori,in which case addit,ional retainage may be ret,ained to a maximum of 1Ot. ?lhinthe work ie aubatantially completed, aDy retained amount, may be paid to thecontractor except the owNER shall retain an amount sufficient to cover any worknot yet completed. The release of retainage will be determined by the ENGiNEER.If the ol{NER or ENGINEER shall "!,1.y time fail to make the coNTRAcToR a monthlyeEtimate at the time herein specified, such failure shall not be held to viol,atior voLd the contract. Note, the failure of the contractor to provide anaccurate and current schedule update shall be reason to reject CONTRACTOR,Sreguest for progresE payment.
Car 'lA A Darrl F-iF lnnl i r-rl. i ,Firr a f ap t)ec! Drrrr+rarr|
Delete the last sentence of paragraph 14.4 of the ceneral conditionswith the following:and replace
Afte.':. the reguired internal reviews and processing by the City of Fayetteville,the city will dil.igently proceed to make payment to trrL contractor, in- accordancewith the approved Palment reguest, within :O aays. All efforts will be made tomake payments witnin.the 30 day period, but the City cannot guarantee the 30 daysmaximum time.
9
EXHfBIT GC-A to General Conditions of the
Agreement Between OWNER and CONTRACTOR
Dated
For use wi th EJCDC No. 1910-8 ( 199 0 ed. )
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that Article 16 of the
General Conditions to the Agreement between OWNER and CONTRaCTOR is
amended to include the following agreement of the parties:
16.1 AI1 claims, disputes and other matters in question
between OWNER and CONTRACTOR arising out of or relating to the
Contract Documents or the breach thereof (except for claims which
have been waived by the making or acceptance of final payment as
provided by paragraph 14.15) will be decided by.arbitration in
Lccordance witfr the Construction Industry Arbitration Rules of the
American Arbitration Association then obtaining, subject to the
Iimitations of this Article 16. This agreement so to arbitrate and
any other agreement or consent to arbitrate entered into in
acEordance h-erewith as provided in this Article 16 will be
specifi.cally enforceable under the prevailing law of any court
havj-ng jurisdiction.
L6.2 No demand for arbitration of any claim, dispute or
other matter chat is required to be referred to ENGINEER initially
for rlecision in accordance with paragraph 9.11 will be made unt,il
the earlier of (a) the dat,e on which ENGfNEER has rendered a
written decision or (b) the thirty-first day after the parties have
presented their evidence to ENGINEER if a written decision has not
been rendered by ENGINEER before that date. No demand for
arbicration of any such claim, dispute or other matter will be made
Iater than thirty days after the date on which ENGINEER has
rendered a written decision in respect thereof in accordance with
paragraph 9.11; and the failure to demand arbitration within said
Lniriy ctays period will result in ENGINEER's decision being final
and binding upon OWNER and CONTRACTOR. If ENGINEER renderers a
decision after arbitration proceedings have been initiated, such
decision may be entered as evidence but will not, supersede the
arbitration proceediDgs, except where the decision is acceptable to
the parties concerned. No demand for arbitration of any written
decision of ENGINEER rendered in accordance with paragraph 9.10
will be made later than t,en days after the party making such demand
has delivered written notice of intention to appeal as provided in
paragraph 9.10.
16.3 Notice of the demand for arbitration will be filed
in writing with the other party to the Agreement and with the
American Arbitration Association, and a coPy will be sent to
ENGINEER for information. The demand for arbitration will be made
within the thirty-day or ten-day period specified in paragraph 16.2
as applicable, and in all other cases within a reasonable time
aftei the claim, dispute or other matter in question has arisen,
and in no event sha1l any such demand be made after the date when
?
t
.l
institution of Iega1 or equitable proceedings based on such claim,
dispute or other matter in quest,ion would be barred by the
applicable statute of limitat,ions.
L6.4 Except as provided in paragraph 16.5 beIow, no
arbitration arising out of or relat,ing to the Contract Documents
shall include by consolidat,ion, joinder or in any ot,her manner any
other person or entity (including ENGINEER, ENGINEER's Consultant
and the officers, directors, agents, employees or consultants of
any of them) who is not, a Part,y t,o Lhis contract unless:
16.4.1. the inclusion of such other person or entj-ty is
necessary if complete relief is to be afforded among those who are
already parties to the arbitration, and
L6.4.2, such other person or entity is substantially
invclved in a question of l-aw or fact whj-ch j-s common to those who
are already parties to the arbitration and which will arise in such
proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and CONTRACTOR has been
obtained for such inclusion, which consent shall make specific
reference to this paragraph; but no such consent shall constitute
consent to the arbitration of any dispute not specifically
described in such consent or to arbitration with any party not,
specifically identified in such consent.
16.5 Notwithstanding paragraph L6.4 if a clairn, dispute
or other matter in question between OWNER and CONTRACTOR involves
the Work of a Subcontractor, either OWNER of CONTRACTOR may join
such Subcontractor as a party to the arbitration between OWNER and
CONIRACTOR hereunder. CONTRACTOR shall include in a]I subcontracts
required by paragraph 6.11 as a specific provision whereby the
Subcontractor consents to being joined in an arbitration between
OWNER and CONTRACTOR involving the Work of such Subcontractor.
Nothing in this paragraph 16.5 nor in the provision of such
subcontract consent,ing to joinder shall create any claim, right or
cause of action in favor of Subcontractor and against OWNER,
ENGINEER or ENGfNEER's consultants that does not otherwise exist.
16.6 The award rendered by the arbitrat,ors will be final,
judgment may be entered upon it in any court having jurisdiction
thereof, and it will not be subject to modification or appeal.
L6.? OWNER and CONTRACTOR agree that they shall first
submit any and all unsettled claims, counterclaj-ms, disputes and
other matters in quest,ion between them arising out of or relating
to the Contract Documents or the breach thereof ("disputes"), to
mediation by the American Arbitration Association under the
Construction fndustry Mediation Rules of the Amerj-can Arbitration
Association prior to either of them initiating against the other a
demand for arbj.tration pursuant, to paragraphs 16.1 through L6.6,
unless delay in initiating arbitration would irrevocably prejudice
.' .i
J
one of the parties. The respective thirty and ten day time limits
within which to file a demand for arbitration as provided in
paragraphs L6.2 and 16.3 above shall be suspended with respect to
I aiJpule submitted to mediation within those same applicable time
limits and shaIl remain suspended unt,il ten days after the
termination of the mediation. The mediator of any dispute
submitted to mediation under this Agreement shall not serve as
arbitrator of such dispute unless otherwise agreed.
l
ITEM 225 SEEDING
225.1 .1 DESCRIPTION:
This item shall consist of furnishing and applying fertilizer, seed and water
in accordance with these speciflcations at locations shown on the plans,
or as directed.
The urcrk under this item shall be accomplished as soon as practicable
after the grading has been completed in order to deter erosion of the
embankment and slopes.
225-2.1 M TERI 1S:
Fertilizer shall be commercial grade, uniform in composition, free flowing
and suitable for application with mechanical equipment. Fertilizer shall be
delivered to the site in labeled containers vvhich conform to current state
fertilizer laws and bear the name, trademark, and warranty of the
producer.
The seed shall be labeled in accordance with current rules and
regulations of the State Plant Board, shall have a minimum of 98% pure
seed and 85% germination by weight, and shall contain no more than 1%
ueed seeds. A combined total of 50 noxious raeed seeds shall be the
maximum amount allovrred per pound of seed with the following
exceptions: Johnson grass seed, wild onion seed, wild garlic seed, field
bindweed seed or nut grass seed will not be allowed in any amount
whatsoever. Seed which has become wet, moldy or otherwise damaged
in transit or in storage will not be acceptable.
Seed shall be an equal mixture of creeping red fescue and Kentucky blue
grass applied at the rate of 20 pounds per acre. Fertilizer shall be
10-20-10, or the equivalent amount of plant food, and shall be applied at
the rate of 500 pounds per acre.
225-3.1 CONSTRUCTION METHODS
Areas to be seeded shall be dressed to the shape and section shown in
the plans. All toosoil shall be replaced prior to any preparations for
seeding. The area shall be loose, free of large clods or rocks and
excessive moisture.
Copyright @ 1996
Crafton, Tull & Associatesi lnc.
/Bq I'urr.,\.5a.sv-,,
G- rr - I aa-I X_J
TS-225-1
)
e
Fertilizer shall be uniformly incorporated into the soil to a depth of at least
tvro inches.
Seed may be broadcast by hand seeders or by approved power
equipment. Either method shall result in uniform distribution and no urork
shall be performed during high winds. The area seeded shall be lightly
firmed with a cultipacker immediately after broadcasting.
2254.1 METHOD OF PAYMENT:
Seeding shall be paid for at the lump sum contract price.
Copyright @ 1996
Crafton, Tull & Associates, lnc.
(
TS.?25-2
ITEM 202 CLEARING AND GRUBBING
202-1 .1 DESCRIPTION:
This item shall consist of clearing and grubbing, including the disposal of
materials, for all areas within the limits designated on the plans or as
required by the Engineer.
Clearing and grubbing shall consist of clearing the surface of the ground
of the designated areas of all trees, stumps, down timber, logs, snags,
brush, undergrowth, hedges, heavy grov(h of grass or ueeds, fences,
structures, debris, and rubbish of any nature, natural obstructions or such
material which in the opinion of the Engineer is unsuitable for the
foundation of pavements, or other required structures, including the
grubbing of stumps, roots, matted roots, foundations, and the disposal
from the project of all spoil materials resulting from clearing and grubbing
by buming or otherwise.
202-2.1 MATERI LS:
None
202-3.1 CONSTRUCTION METHODS:
A. General:
The areas denoted on the plans to be cleared and grubbed under this
item shall be staked on the ground by the Engineer unless specified
otherwise. The clearing and grubbing shall be done at a satisfactory
distance in advance of the grading operations.
All spoil materials removed by clearing and grubbing shall be disposed of
by buming or by removalto approved disposal areas. Piles for burning
shall be placed either in the cleared areas near the center or in adjacent
open spaces where no damage to trees, other vegetation or other
property will occur. The contractor Wll be responsible for controlling fires
in compliance with all Federal and State laraa and regulations relative to
building fires at the site. Ashes resulting from burning shall be removed
and disposed of wfien directed by the Engineer.
As far as practicable, waste concrete and masonry shall be placed on
slopes of embankments or channels. When placed on slopes or
channels, this material shall be placed in accordance with requirements
Copyright @ 1996
Crafton, Tull & Associates, lnc.
TS-202-1
for formation of embankments. Any broken concrete or masonry which
cannot be used in construction, and all other materials not considered
suitable for use elsewhere, shall be disposed of by the Contractor. ln no
case shall any discarded materials be left in windows or piles adjacent to
or within the project limits. The manner and location of the disposal of
materials shall be subject to the approval of the Engineer and shall not
create an unsightly or objectionable view. When the Contractor is
required to locate a disposal area outside the project limits at his own
expense, he shall obtain and file with the Engineer, permission in vwiting
from the property owner for the use of private property for this purpose.
Any blasting necessary shall be done at the Contractofs responsibility,
and the utmost care shall be taken not to endanger life or property.
The removal of existing structure and utilities required to permit orderly
progress of uork shall be accomplished by local agencies, unless
othenruise shown on the plans. Whenever a telephone or telegraph pole,
pipeline, conduit, sewer, roadway, or other utitity is encountered and must
be removed or relocated the Contractor shall advise the Engineer who will
notify the proper local authority or Owner and attempt to secure prompt
action.
B. Clearing and Grubbing:
The Contractor shall clear and grub the staked or designated areas of all
objectionable materials. Trees unavoidably falling outside the specified
limits must be cut up, removed, and disposed of in a satisfactory manner.
ln order to minimize damage to trees that are to be left standing, trees
shall be felled toward the center of area being cleared and grubbed. The
Contractor shall preserve and protect from injury all trees not to be
removed. ln the areas indicated to be cleared and grubbed, all stumps,
roots, buried logs, brush, grass, and other unsatisfactory materials shall
be removed. Tap roots and other projections over 1-112 inches in
diameter shall be grubbed out to a depth of at least 18 inches.
Fences shall be removed and disposed of wfien directed by the Engineer.
Fence wre shall be neatly rolled and the wire and posts stored on the
project if they are to be used again, or stored at a designated location if
the fence is to remain the property of a local omer or of a civic authority.
Any buildings and miscellaneous structures that are shown on the plans
to be removed shall be demolished or removed, and all materiars
therefrom shall be disposed of either by burning or othenrise removed
from the site as specified in ltem 2O7,"Common Excavation,'.
Copyright @ 1996
Crafton, Tull & Associates, lnc.
TS-202-2
All holes remaining after the grubbing operation in embankment areas
shall have the sides broken down to flatten out the slopes, and shall be
filled with acceptable material, moistened and properly compacted in
layers to the density required in ltem 207. The same construction
procedure shall be applied to all holes remaining after grubbing in
excavation areas where the depth of holes exceeds the depth of the
proposed excavation.
2424.1 TESTING ^ND M TERI L REQUIREMENT
Test and Short Title Material and Short Title
None None
Copyright @ 1996
Crafton, Tull & Associates, lnc.
TS-202-3
6
..,
ITEM 301
PORTI.AND CEMENT CONCRETE
301 -1 .1 DESCRIPTION:
This item shall consist of concrete in bridges, culverts, and miscellaneous
structures, including the concrete portion of steel, timber, stone masonry,
precast, prestressed, and composite structures, prepared and constructed
in accordance with these Specifications and conforming to lines, grades,
dimensions, and designs shown on the Plans. Concrete shall consist of
approved portland cement, fine aggregate, coarse aggregate, water, and
any approved chemical admixtures mixed in the proportions specified for
the various classes of concrete.
301 .2.1 MATERIALS:
The materials used in concrete shall conform to the requirements
specified below. No materials shall be used which contain foreign matter,
frost, or lumps or crusts of hardened substan@s.
A.Cement: Portland cement shall conform to the requirements of AASHTO
M 85. Unless otherwise specified, Type I shall be furnished.
Type ll cement shall be used for Class B and B(AE) concrete. During the
cool season of the year, the Engineer may approve the use of Type I
cement in lieu of Type ll cement for Class B and B(AE) concrete. Upon
approval of the Engineer, Type lll cement may be used in the
manufacture of prestressed concrete products.
Cement furnished in sacks shall weigh not less than 94 pounds net per
sack. The use of cement salvaged from used or discarded sacks will not
be allowed.
The mixing or alternate use of different brands of cement will not be
permitted. Cement placed in storage shall be suitably protected. Loss in
quality occuring during the storage period will be c€luse for rejection. lf
the cement furnished produces erratic results under the field conditions
incident to the placing of the concrete, or in regard to the strength of the
finished product, or in the time of the initial or final set, the Contractor
shall, without notice from the Engineer, cease the use of that brand of
cement.
Copyright @ 1996
Crafton, Tull & Associates, lnc.
TS-301-1
l>
B Fine Aggregate: The fine aggregate shall consist of clean, hard, durable
particles of natural sand or other approved inert material with similar
characteristics.
When determined necessary by visual observation, the amount of
deleterious substances will be tested by laboratory methods and will not
exceed the following limits:
Maximum Permissible
Percent by Weight
Coal & lignite (AASHTO T 113)
CIay lumps (AHTD Test Method 302)
Removed by decantation (AASHTO T 11)
Soft and flaky particles
(AHTD Test Method 302)
0.25
0.5
2
2
-1 '
,.
E
'l
All fine aggregate shall be free from injurious amounts of organic
impurities.
Aggregates shall be subjected to testing in accordance with AASHTO T
21. Should AASHTO T 21 produce results which indicate that the sand
may possibly contain injurious organic compounds, mortar strength test
specimens shall be tested in accordance with AHTD Test Method 530.
Fine aggregate shall be reasonably well graded from coarse to fine
and shall conform to the following grading requirements when tested
in accordance with AASHTO T 27:
Sieve Percent Passing
,
t>t
a,I
3/9"
H
#8
#16
#30
#50
#1 00
100
95 - 100
70-95
45-80
20-60
5-30
0-5
;- J':
Fine aggregate from any one sour@ shall be uniform to a reasonable
degree in gradation with the representative sample with the further
provision that aggregate supplied from any one source having a
variation in fineness modulus greater than 20 points either way from the
fineness modulus of the representative sample wilt not be
Copyright @ 1996
Craflon, Tull & Associates, lnc.
TS-301-2
l-i
accepted. When approved by the Engineer, the source of fine aggregate
may be changed in all work except bridge superstructures, but the mixing
or alternate use of different sources of fine aggregate will not be
permitted.
C Coarse Aggregate: The coarse aggregate shall consist of crushed stone
or gravel.
Crushed stone shall consist of clean and durable fragments of rock
of unifoim quality. The stone shall have a percent of wear or not more
than 40 by Los Angeles Test (AASHTO T 96), and, when subjected to 5
cycles of the Soundness Test (Sodium Sulfate, AASHTO T 104) shall
have a loss not to exceed 12%. Gravel shall consist of clean, hard,
durable, uncoated aggregate, crushed or uncrushed, having a percent of
wear of not more than 40 by Los Angeles Test (AASHTO T 96).
\f/hen determined necessary by visual observation, the amount of
deleterious substances will be tested by laboratory methods and will
not exceed the following limits:
Maximum Permissible
Percent by Weight
Coal & lignite (AASHTO T 113)
Clay lumps (AASHTO T 112)
Soft Fragments (AASHTO T 112)
Total deleterious substances
Removed by decantation (AASHTO T 11)
0.25
o.25
5
5
1
a
*t
:Ci
The maximum percentage by weight removed by decantation (AASHTO T
1 1) from crushed stone coarse aggregate may be increased to 1.5o/o
provided the percent loss (AASHTO 11) from the fine aggregate does not
exceed 1.0%.
Coarse aggregate size shall be reasonably well graded from coarse to
fine and shall conform to the following grading requirements when tested
in accordance with AASHTO T 27:
Copyright @ 1996
Crafton, Tull & Associates, lnc.
i
TS-301-3
.?
J
Class A, A(AE), S, S(AE). and Seal Concrete:
Sieve Percent Passing
1-1 14"
314"
3/8"
M
Class B and B(AE) Concrete:
Sieve
100
35-75
10-30
0-5
Percent _Passing
100
35-65
15-40
0-5
l4
lt
3"
1-1
3t4
H
lt
lr.t
Coarse aggregate from any one source shall not vary as to maximum size
and shall be uniform to a r6asonable degree in gradation with the
representative sample, with the further provision that aggregate fumished ,
from any one sour@ having a variation in fineness modulus greater than
20 points either way from the fineness modulus of the representative
sample will not be accepted. \Men approved by the Engineer, the source
of coarse aggregate may be changed in alluork except bridge
superstructures, but the mixing or altemate use of different sources of
@arse aggregate will not be permitted.
Water: Water used in mixing or curing shall be clean and free from
injurious amounts of oil, salts, or other deleterious substances, and shall
not contain more than 1,000 parts per million of chlorides.
Water from municipal supplies approved by the State Health Department
will not require testing but water from other sources shall be sampled and
tested before use in concrete.
Tests will be rnade in accordance with AASHTO T 26.
Where the source of water is relatively shallow, it shall be maintained at
such depth and the intake so enclosed as to exclude silt, mud, grass, or
other foreign materials.
TS-301-4
Copyright @ 1996
Crafton, Tull & Associates, lnc.
D
,1 1
-. .t
I
a
a
a
>-t
E. Admi-tures:
2.
1 General. Admixtures shall be used to improve certain
characteristics of the concrete when specified on the Plans or may
be used when requested by the Contractor and approval is given
by the Engineer. The Contractor's request shall be supported with
the Manufacturer's certified formulation of the proposed admixture
and with sufficient evidence that the proposed admixture has given
satisfactory results on other similar work. Permission to use the
admixture may be withdrawn at any time Qy the Engineer when
satisfactory results are not being obtained.
Admixtures shall be approved by the Engineer. Admixtures shall
be compatible with each other, as advised by the Manufacturer.
The admixture dosage rate range as recommended by the
Manufacturer shall be used. Should the dosage rate for any
admixture not yield desirable characteristics in the concrete, the
dosage of admixture used shall be based on test results obtained
by trial batches.
Admixtures shall be added to the mixing water by means of a
mechanical dispenser which will accurately meter the additive
throughout the mix water cycle. The dispenser shall be
constructed and connected so that the tnspector can make ready
determination of the amount of admixture entering the mixing
water.
Air Entraining Agent: Air-entraining agent, when specified or
approved, shall complywith the requirements of AASHTO M 154.
The Contractor shall submit evidence based on tests made in a
recognized laboratory to show that the air-entraining admixture
conforms to the requirements of AASHTO M 154 for 7 and 28 day
compressive strengths and resistance to freezing and thawing,
except as provided in the following paragraph. Tests for bleeding,
bond strength, and volume change will not be required. A
recognized laboratory is any State highway, FHWA, or cement
concrete laboratory regularly inspected by the Cement and
Concrete Reference Laboratory of the National Bureau of
Standards. Tests may be made upon samples taken from a
quantity submitted by the Contractor for use on the project or upon
samples submitted and certified by the Manufacturer as
representative of the admixture to be supplied.
Copyright @ 1996
Crafron, Tull & Associates, lnc.
,.!
:.{
'-l
'.'.t
:':'l::
.F
t
LJ
7-l
:
a
j
ll
TS-301-5
I
=r
..-L
o'I
I
'!:
:
AJ.
L-
,
,* l.
?2
:l
l. -t
/.1
.a'l
An exception to the requirements in the preceding paragraph is the
case of admixtures which are manufactured by neutralizing Vinsol
resin with caustic soda (sodium hydroxide). When the Contractor
proposes to use such an admixture he shall submit a certification
concerning the admixture in the following form:
"This is to certify that the product (trade name) as
manufactured and sold by the (company) is an aqueous
solution of Vinsol resin that has been neutralized with
sodium hydroxide. The ratio of sodium hydroxide to Vinsol
resin is one part of sodium hydroxide to (number) parts of
Vinsol resin. The percentage of solids based on the residue
dried at 105oC is (number). No other additive or chemical
agent is present in this solution."
When the Contractor proposes to use an air-entraining admixture
vihich has been previously approved, he shall submit a certification
stating that the admixture is the same as that previously approved.
lf an admixture offered for use is essentially the same (with only
minor differences in concentration) as another previously approved
material, a certification wil! be required stating that the product is
essentiatly the same as the approved admixture and that no other
admixture or chemical agent is present.
Retarding Agent: ln order to permit the retarding of the set and
extend the finishing time of concrete, a retarding agent shall be
used when specified on the Plans or may be used when permission
for its use is requested by the Contractor and such permission is
given by the Engineer. The retarding agent shall be a Type B or
Type D admixture as defined in AASHTO M 194. The Contractor
shall support his request with a Manufacturer's certified formulation
of the proposed agent and with sufficient evidence that the
proposed agent has given satisfactory results on other similar
vrork. Permission to use the agent may be withdrawn at any time
by the Engineer wtren satisfactory results are not being obtained.
The agent shall be free of chlorides. When air-entrained concrete
is specified, the air-entraining agent and the retarding agent shall
be so incorporated that the air content of the concrete shall fall
within the percentage range stipulated in the specifications. When
air-entrained ccncrete is not specified, the concrete to which the
retarding agent has been added shall have an air content not
greater than 3 percent.
Copyright @ 1996
Crafton, Tull & Associates, lnc.
--J
TS-301-6
i
I
I
I
I.t
301 -2.3
301-2.4
Class A
Class B
Class S
Seal
On smalljobs, storage in the open '?y P" ptlTtglbv written
authorization from the Engineer, in wnicn case a raised platform and
ffib *rt"tptoof covering shall be provided'
CI.ASSES OF CONCRETE:
seven classes of concrete are provided for in these specifications, 4
classes of non air-entrained concrete and 3 classes of air-entranced
concrete. rne appioptiri" "r"ts
of concrete shall be used in the part of
the structure as sfiecmeO or where designed by the Engineer' the classes
are as follows:
Non ^ ir-Entrained Concrete Air-Entrai ned Concrete
Class A(AE)
Class B(AE)
Class S(AE)
The following requirements shall govem unless otherwise shown on the
Plans:
class A or A(AE) concrete shall be used in wingwalls and miscellaneous
construction.
Class B or B(AE) concrete shall be used in mass concrete'
class s or s(AE) concrete shall be used in retaining walls' box culverts'
footingt, piers, bents, columns, abutments' and super-structures'
including'girders and beams, floor slabs, and concrete railings'
seal concrete shall be used for concrete deposited under water.
CI-ASSIFIGATION AND PROPORTIONING :
Mi- Design:
1. The concrete mixture shall be proportioned to insure a raorkabte
and durable concrete for the various classes, as specified in Table
301-1.
ForallclassesofconcreteexceptBandB(AE),theconcrete
materials .n"rl u" proportioned as determined by the Engineer
CoPYright @ 1996
Crafton, Tull & Associates, lnc'
A.
TS-301-8
llE
la
using the Absolute Volumes method in accordance with the
requirements for the Class specified.
The Engineer will not perform any pre-bid testing of materials' lt
will be the Contracto/s responsibility to locate acceptable materials
sources unless the sources are so noted in the Plans or Special
Provisions
The Contractor wil! not perform any pre-bid testing of materials' lt
will be the contracto/s responsibility to locate acceptable materials
sources unless the sources are so noted in the Plans or Special
Provisions.
The contractor shall make available to the engineer all
aggregates, cement, and additives wtrich he proposes to use in the
m'ii suimciently in advance of the first pour to allow for review of the
Concrete Mix Design.
The Contractor and/or his concrete supplier will establish a mix
design which will be suitabte for each ctass of concrete, except B
anO
-g(ne), to be supplied for the Project. The mix design for each
ctass of concrete slrall be approved by the Engineer and will
remain in effect unless modified in writing by the Engineer.
Copyright @ 1996
Crafton, Tull & Associates, lnc.
TS-301-9
r-;
IE
-
TABLE 301-1
CTASS OF CONCRETE
CHARACTERISTIC A A(AE) B B(AE) S S(AE) Seal
H ff
Minimum
compreJsive
Strength (psi
at28 days)
Minimum Cement 5.5 5.5
Factor (bags
per cu. yd)
Maximum Net
Water Content
Per Bag (94 lb)
of Cement
(Gallons)
Slump Range
(lnches)
Air Content
Range (Yo)
21oO 2100 3oo0 3000 3500 4000 2100
6.5 6.5 6.0*
*
*
*5.5 5.5 6.56.5 6.5
14 14 14 14 14 14 4A
5y2 5y2
As determined by trial batch. Maximum water-cement ratio is 0.49' ln
addition, Class Ei and B(ae) shall obtain 3500 psi compressive strength in
the trial batch at 90 daYs.
class s or s(AE) concrete for use in prestressed concrete members shall
have a minimum compressive strength of 5000 psi (28 days) or as shown
on the Plans. The maximum size of coarse aggregate shall be 1 inch'
Copyright @ 1996
Crafton, Tull & Associates, lnc.
5+2
*
s
TS-301-10
a
IE
-t 'l
B.
2. class B and B(AE): The contractor shall develop a trial batch for
Class g or A1[aj concrete. The mix design shall produce a
workable and durable concrete with the strength requirements
specified in Tabte 301-1 and shall have a low heat of hydration
when placed in large quantities. the materials shall be
proportioned and t6st specimens submitted to the Engineer for
i".iing and approval. deveral mixes may be submitted, and the
mix to be used'on the job chosen from the results. Approved
admixtures must be inttuOed in the trial batch- Fly ash, if approved
in rariting by the Engineer, conforming to ASTM C 618 may be
substituted for a pai of the type lt Cement not to exceed 120
pounds per cubic yard, and inatl be included in the calculation of
the water-cement iatio. Ninety-day test specimens will be required
for the trial batch. For construction purposes, the sampling and
testing will comply with standard procedures for sampling and
testing.
Trial Batches: Mix designs proposed by the Eng.ineer or the Contractor
f"r"ll Cf"tt S(AE) conciete shall be tested by trial batches using the
sfecific materials,'including admixtures that are intended for use on the
jon. fne Contracior shall prepare a batch of at teast 2 cubic yards' This
batch shall be sampled and tested by the Engineer for compliance with
the specifications for slump, air content, and compressive strength' A mix
design may be approved with respect to compressive strength when at
teast-tvro test cytinAers show the minimum required strength value at any
age between 7 days and 28 days, inclusive'
ln lieu of the above procedure, the Contractor may prepare trial.batches
in a laboratory in accordance with AASHTO T 126. These trial batches
shall be accomplished by the contractor under the observation of the
Engineer. sampting and testing will be conducted by the Engineer.
with the approval of the Engineer, the contractor may retain an
independeni laboratory or a Registered Professional Engineer to prepare
and test trial batches. ln this case, trial batch information and laboratory
results shall be furnished to the Engineer along with a statement certifying
that the testing was performed in accordance with the specifications.
All trial batches required by these Specifications or developed at the.
oftion of the Contractor shall be accomptished bylhe Contractor and
sirall be subject to the review and approval of the Engineer.
compressive strengths for alt classes of concrete will be determined from
test cylinders madJin accordance with AASHTO T 23. tf the strength
Copyright @ 1996
Crafton, Tull & Associates' lnc.
,h
' ,.
C.
TS-301-11
\
't
.E
required for the class of concrete being produced is not obtained with the
minimum cement content specified, additional cement shall be used at no
extra cost to the Owner.
When air-entrained concrete is specified, the air-entrainment shall be
accomplished by adding to the mixing water the proper amount of
air-entraining agent in solution. The Contractor shall determine the
amount of admixture required to produce an air content within the range
specified. The amount of air entraining agent shall be adjusted by the
Contractor during production as necessary to keep the air content within
the range specified.
Fly Ash: Fly ash may be used, if approved in writing by the Engineer, as
a partial replacement not exceeding 25 percent by weight for the cement
in all classes of concrete except Class B or B(AE) concrete. Class B or
B(AE) concrete shall meet the requirements specified in 401-2.4(B)
above. Mixtures with fly ash shall meet the same requirements as
mixtures without fly ash. Fly ash will not be allowed as a substitute for
high early strength or blended cements. Class F fly ash shall not be used
in bridge deck concrete placed between October 15 and April 1. When fly
ash is used, the total weight of both cement and fly ash will be used in
design calculations.
When the Contractor elects to use fly ash as a partial replacement for the
cement in Class S or Class S(AE) concrete, the proposed mix design
shall be tested by the preparation and testing of trial batches in
accordance with 301-2.4(B) above. Trial batches will not be required for
Class A or Class A(AE) concrete.
301-2.5 SNMPLING ^ND TESTING:
During the progress of work, concrete test specimens will be made by an
approved testing laboratory.
Slump will be determined using AASHTO T 119. Air content will be
determined using AASHTO T 152.
Compressive strength specimens will be made in accordance with
AASHTO T 23 and tested in accordance with AASHTO T 22.
Specimens for determining when forms may be removed, when a
structure may be put in service, or w'hen concrete piling may be driven will
be cured, as early as practicable, in the same manner as the concrete in
the structure and in accordance with AASHTO T 29.
Copyright @ 1996
Crafton, Tull & Associates, lnc.
D
TS-301-12
rL
Falsework which cannot be founded on a satisfactory footing shall be
supported on piling which shall be spaced, driven, and removed as
specified in the Contracto/s falsework details.
301 -2.13 FORMS:
A.Standard Forms: Forms shall be mortar-tight and of sufficient rigidity tc
prevent distortion due to the pressure of the concrete and other toads
incident to the construction operations. Forms shall be constructed and
maintained so as to prevent warping and the opening of joints due to
shrinkage of the lumber.
The forms shall be substantial and unyielding and shall be so designed
that the finished concrete will conform to the proper dimensions and
contours. The design of the forms shall take into account the effect of
vibration of concrete as it is placed.
Forms for exposed surfaces shall be made of dressed lumber or plywood
of uniform thickness, steel, or other approved materials which will provide
a smooth surface, and shall be mortar-tight. Forms shall have a 3/4,'fillet
at all sharp corners unless otherwise directed. ln the case of projections,
such as girders and copings, forms shall be given a bevel or draft to
insure easy removal.
Metal snap{ies within the forms shall be so constructed as to permit their
removal to a depth of at least 1" from the face of the concrete. Fittings for
metal snap-ties shall be of such design that, upon removal, the cavities
which are left Wll be of the smallest possible size.
Metal inserts or anchorages within the forms shall be so constructed as to
permit their removal to a depth of at least 1" from the face of the concrete
or be covered by being embedded a minimum of 1" in the concrete. ln
case ordinary wire ties are permitted, all wires, upon removal of the forms,
shall be cut back at least 1l4" trom the face of the concrete.
All cavities shall be filled with cement mortar and the surface left sound
smooth, even, and uniform in color.
Forms shall be set and maintained true to the line designated until the
concrete is sufficienfly hardened. Before depositing new concrete on or
against concrete which has hardened, the forms snltt ue re-tightened.
Forms shall remain in place for the periods specified in subsection
301-2.14. when forms appear to be unsatisfactory in any way, either
Copyright @ 1996
Crafton, Tutl & Associates, lnc.
a
TS-301-24
tlr
e
B.
before or during the placing of concrete, the Engineer shall order the work
stopped until the defects have been corrected.
The shape, strength, rigidity, watertightness, and surface smoothness of
re-used forms shall be maintained at all times. Any warped or bulged
lumber must be re-sized before being re-used.
For narrow walls and columns, where the bottom of the module is
inaccessible, the lower portions of the forms shall be so constructed to
facilitate cleaning out of extraneous material immediately before placing
the concrete.
Forms shall be cleaned before being set to line and grade and shail be
oiled prior to placing reinforcing steel in the vicinity of the forms.
Materials or methods used in oiling the forms shall not result in the
discoloration of the concrete.
ln lieu of the conventional stationary forms, concrete parapet rail may be
constructed by using an extrusion machine or other equipm'ent specifically
designed for constructing cast-in-place concrete parapet rail, provided the
finished barrier is true to line and grade and the concrete is proper ly
consolidated.
Permanent Steel Deck Forms: An approved type of galvanized steel
form, complying with the requirements shown on the plans and these
Specifications, may be used as an alternate to conventional removable
forms for forming the bridge deck between the exterior beams or girders.
These forms shall be designed to provide not less than the minimum
concrete cover shown on the Plans for all reinforcing bars in the bottom of
the slabs. The effective design depth of slab shall be maintained over the
entire area of the deck. Provision shall be made to provide encasement
of top flanges of beams or girders in compression except where shear
connectors are provided.
Detailed plans of proposed permanent steer deck forms shall be
submitted to and approved by the Engineer before work of forming the
bridge deck is started. The approval of the Contracto/s Plans shill not
be considered as relieving the Contractor of any responsibility for the
results obtained by the use of these approved plans. construction shall
be in accordance with the approved plans.
All material and elements of the permanent steel deck form units shall be
fabricated from steel conforming to ASTM A446 (Grades A through E)
having a coating class of G 165 according to ASTM A s2s. Thickness
Copyright @ 1996
Crafton, Tull & Associates, lnc.
I
TS-301-25
and grade of form sheets and form supports shall be designated on the
Shop Drawings. ln no case shall thickness be less than 22 gauge for
sheets and 16 gauge for form supports.
Permanent steel forms shall be designed on the basis of the dead load of
the form, reinforcement, and the plastic concrete plus 50 psf for
construction loads. Unit working stresses shall be in accordance with the
standard specifications for construction loads and the unit stress in the
steel sheet shall be not more than 0.725 of the specified minimum yield
strength of the material furnished but not to exceed 36,000 psi. Maximum
deflection shall be calculated using the weight of plastic concrete,
reinforcement, and forms, or 12O psf, whichever is greater. Maximum
deflection shall not exceed 11180 of the form span or ll2" whichever is
less. The form span for design and deflection shall be the clear distance
between supports plus 2", but not less than the clear distance between
the flanges of the supporting beams less 4" measured parallel to the form
flutes.
Physical design properties shall be computed in accordance with
requirements of the latest edition of AlSl Specifications for the Design of
Cold-Formed Steel Structural Members.
All reinforcement shall have a minimum concrete cover of 1 inch. Bars in
the bottom layer of the main reinforcement shall be approximately
centered over the valleys of the forms when necessary to achieve the
minimum 1" concrete cover. The distance from the top of the slab to the
bottom layer of main slab reinforcement shall be not less than that shown
on the Plans.
Permanent steel forms should not be used in panels where longitudinal
slab construction joints are located between stringers.
Allforms shall be installed in arcordance with detailed fabrication plans
submitted to the Engineer for approval. The fabrication plans shall clearly
indicate locations and methods of attachment where the forms are
supported by steel beam flanges subject to tensile stresses and without
shear connectors.
Form sheets shall not be permitted to rest directly on the top of the
stringer or floor beam flanges. Sheets shall be securely fastened to form
supports and shall have a minimum bearing length of 1" at each end.
Form supports shall be placed in direct contact with the flange or stringer
or floor beam. All attachments shall be made by welds, bolts, ctips, or
other approved means. However, welding of form supports to flanges of
Copyright @ 1996
Crafton, Tull & Associates, lnc.
TS-301-26
.,
steels other than ASTM A 36, A 441, A 588, and A 572 of a weldable
grade'and to those portions of a flange subject to tensile stresses shall
not be permitted. Welding shall be accomplished by certified welders and
in accordance wth ANSI/AASHTO/AWS D1.5-88. Except that 1/8" fillet
welds will be permitted.
Provisions shall be made to keep the panels at an acceptable
temperature before placement of concrete.
Calcium Chloride or any other admixture containing chloride salts shall
not be used in the concrete placed on permanent steel deck forms.
After the deck concrete has been placed for a minimum of 2 days, the
following inspection procedure shall be followed:
The forms shall be tested for soundness of the concrete and bonding of
the forms to the concrete by striking the form a sharp blow with a
geologist hammer. As a minimum, the forms shall be struck at 10'
intervals parallel to and 6" from the edge of the steel beam, and at 10'
intervals along the centei'line of each bay between the beams in an X
pattern with those along the beams, and at random points on a semicircle
or circle, as applicable, with approximately 2' radius from the above
points. They shall be struck in other places as directed by the Engineer
to define any suspicious or defective area. Areas where efflorescence is
evident shall be thoroughly investigated.
The Contractor shallfurnish all facilities such as ladders, scaffolding, etc.,
that will provide for a thorough inspection of the forrns.
The striking of the forms shall be accomplished in such a manner and at a
time that the sound is clearly audible. Properly bonded sheets attached
to sound concrete will emit a clear rig wfren struck a sharp blow with a
hammer. Honeycomb concrete and/or unbonded areas will give a
different sound such as a thud or clatter. The forms shall be removed full
width between beams whenever the Engineer suspects that honeycomb
or unbonded areas exist so that the Engineer may make a visual
examination of the concrete surface. Any defective concrete shall be
repaired to match the adjacent concrete to the satisfaction of the
Engineer.
Where the use of the hammer as a testing device is neither practicat nor
feasible, the forms may be tested after the deck has been praced a
minimum of 10 days using a rifle firing 22 caliber short special gallery type
ammunition in lieu of the hammer. The angle of incidence between the
Copyright @ 1996
Crafton, Tull & Associates, lnc.
TS-301-27
l>
-
_
:'
plane normal to the forms and the trajectory of the bullet shall be held to a
minimum.
lf sheets are properly bonded to sound concrete, a very light dent will be
made in the metal and the spelter coating will not be damaged. A plainly
visible bright spot will remain around the dent.
lf a small void or slight honeycomb exists behind the form, a deep dent,
with metal cracked in the bottom of dent, will result.
lf honeycomb exists, a clean hole approximately 114" in diameter will
result. The actual depth of void can be seen when vievr,ed through a
transit or telescopic sights. Where this is the case, the form shall be
removed full width between beams so that the Engineer may make a
visual examination of the concrete surface. Any defective concrete shall
be repaired to match the adjacent concrete to the satisfaction of the
Engineer.
The amount of sounding and form removal may be reduced at the
Engineer's discretion, after a substantial amount of slab has been
constructed and inspected, if the Contracto/s methods of construction
and the results of the inspections as outlined above indicate that sound
concrete is being obtained throughout.
lf the Contractor varies his procedules significantly, the initial inspection
procedure shall be used to verify that the new conditions are yielding
desirable results.
Any forms which must be removed because of unsatisfactory test results
shall be removed by a metal saw or air-carbon-arc gouging with minimum
damage to the concrete. The cut in the forms parallel t the corrugations
shall be located in a non-horizontal lap section of the corrugation. The
cuts parallel to the beam shall be through the supporting angles taking
care not to damage the structural steel beams.
All concrete which is found defective or is damaged in removing a section
of the form for inspection shall be repaired to match the adjacent concrete
in section and color. All repair work shall be completed to the satisfaction
of the Engineer.
Payment for forms will be made and fully covered under the unit price bid
for superstructure concrete. No direct or additional payment of any kind
will be made because of the use of these forms. .Payment will be made
for Class S(AE) concrete in place in the bridge decks on the basis of the
Copyright @ 1996
Crafton, Tull & Associates, lnc.
.a
TS-301-28
t
t
thickness specified on the Plans not including any excess thickness used
and not including any concrete in portions of haunches which may be
omitted because of the use of these forms.
301-2.14 REMOVAL OF FALSEWORK 'ND FORMS:
ln the determination of the time for the removal of falsework and forms
and the discontinuance of heating, consideration shall be given to the
location and character of the structure, the weather and other conditions
influencing the setting of the concrete, and the materials used in the mix.
Removal of falsework and forms shall be in accordance with the following
schedule:
Minimum
Time
Bottom Forms for Deck Slabs, 7 days
Beams, and Caps
Top Slabs of RC Box Culverts 7 days
Forms for Columns and
Vertical Walls
24 hours
12 hours
Strength
Requirement
Min. Spec.
8Oo/o Spec,
N/A
N/ASide Forms for Footings,
Beams, and Caps
Side Forms for Parapets, Median 6 hours
Barriers, and Curb Faces
Forms on surfaces which will require a Class 2 finish in accordance with
Subsection 301-2.18 shall be removed at the earliest time permitted
under these specifications in order to begin finishing operations.
Forms and their supports shall not be removed without the approval of the
Engineer. supports shall be removed in such a manner as to permit the
concrete to uniformly and gradually take the stresses due to its own
weight. Methods of form removal likely to cause overstressing of or
damage to the concrete shall not be used.
Copyright @ 1996
Crafton, Tull & Associates, lnc.
N/A
TS-301-29
a
a
a
tr
301 -2.15 WEATHER AND TEMPERATURE LIMITATIONS AND PROTECTION OF
CONCRETE:
When the ambient temperature at the placement site is 85 degrees F. and
rising, an approved retarding agent shall be required in all concrete used
in bridge superstructures. A retarding agent will not be required in
concrete used for bridge deck curb, parapet, railing, posts, sidewalks, or
median treatment provided they are not placed monolithically with the
deck itself.
When the internal temperature of the plastic concrete in bridge decks
reaches 85 degrees F., the Contractor shall take the necessary
precautions to insure that the temperature of succeeding batches does
not exceed 90 degrees F. Concrete batches with temperatures in excess
of 90 degrees F. will be rejected. This method used to control the
concrete temperature shall be approved in writing by the Engineer. The
temperature of the plastic concrete shall be determined immediately prior
to its being deposited in the forms by inserting a thermometer to a depth
consistent with the capabilities of the thermometer being used to obtain a
true reading. Prior to beginning placement, the Contractor shall insure
that sufficient materials, labor, and equipment are available during
placement to implement the previously approved cooling process.
The maximum mix temperature for all Class B and B(AE) concrete at time
of placing shal! be 75 degrees F. This requirement will be strictly adhered
to and any concrete delivered to the job site which does not meet this
provision will be rejected. Methods used to meet this requirement shall
be submitted to the Engineer for approval. Methods that may be used to
meet this provision include using ice in the mixing water, storing cement
and aggregates in cool or shaded locations, and/or watering down of
@arse aggregates. cooling by watering of fine aggregates will not be
alloured.
No concrete shall be placed unless the temperature of the concrete is
more than 50 degrees F. when placed. lf heating of the ingredients is
necessary to meet this criterion, it shall be arcomplished by a method
such as dry heat or steam and not by direct flame. water shall not be
heated to more than 180 degrees F., and shall be combined with the
aggregate before the addition of cement. Frozen aggregates may not be
used.
After concrete is placed, it shall be protected by insulated forms, btankets,
enclosing and heating, and/or any other method approved by the
Copyright @ 1996
Crafton, Tull & Associates, lnc.
TS-301-30
aI
t
)!
Engineer which will maintain the temperature adjacent to the concrete at a
minimum of 50 degrees F. for at least 5 days.
For Class B and B(AE) concrete, forms shall remain in place 4 days after
placing any time the temperature is below 40 degrees F. or forecast to
drop below 40 degrees F. ln addition, exposed top surfaces of the
concrete shall be protected with an insulated blankel The surface of the
concrete shall not be saturated when it is exposed to freezing air
temperatures.
The Contractor shall have available and ready for immediate use
sufficient materials and equipment for maintaining the temperature of the
concrete as required above.
Concrete that has been frozen or damaged due to weather conditions
shall be removed and replaced by the Contractor at no cost to the Owner.
301 -2.16 CURING CONCRETE FOR STRUCTURES:
Materials: Materials used in curing concrete shall conform to one of the
following types:
A.
1 Burlap-polyethylene sheeting shall meet the requirements of
AASHTO M 171.
?lL.
3.
Polyethylene sheeting shall meet the requirements of AASHTO M
171.
Copolymer/synthetic blanket shall meet the requirements of
AASHTO M 171. Copolymer/synthetic blankets shall be a
composite of a copolymer membrane material coated over a layer
of absorbend nonwoven synethic fabric weighing at least 6
ounches per square yard, uniform in appearance, and free from
visible defects.
Other approved sheeting materials shall meet the requirements of
AASHTO M 171.
5. Membrane curing compound shall meet the requirements of
AASHTO M 148 of the type approved by the Engineer.
Application: The exposed concrete, immediately after finishing, shall be
covered with one of the curing materials listed above and shall be kept
continuously and thoroughly wet for a period of not tess than 5 days after
Copyright @ 1996
Crafton, Tull & Associates, lnc.
4
B.
TS-301-31
-:
rr(I
aa
J
ITEM 310
REINFORCING STEEL FOR STRUCTURES
310.01 DESCRIPTION:
This item shall consist of reinforcing steel and miscellaneous accessories
of the quality, type, size, and quantity designated, which shall be
furnished and placed in concrete structures in accordance with these
Specifications and in conformity with the details shown on the Plans, or as
direcled.
310.02 M NTERIALS:
Bar Reinforcement: Bar reinforcement for concrete in sizes r-lp to
and including #18 shall conform to the requirements of ASTM A
615 or A617.
Wire and Wire Fabric: Wire shall conform to the requirements for
Cold-Drawn Steel Wire for Concrete Reinforcement, of ASTM A82.
Wire fabric,'when used as reinforcement in concrete shall conform
to the requirements of ASTM A 185. The type of wire fabric shall
be approved by the Engineer.
C. Bar Mat Reinforcement:
Bar mat reinforcement for concrete shall conform to the
requirements of ASTM A 184.
Epo-y Coating: When specified, reinforcing steel bars shall be
coated in accordance with ASTM A775 using a coating material
which shall meet the requirements of Annex A1 of ASTM A775.
The Contractor shall supply to the Engineer three copies r:f a
vlritten certification that properly identifies the number of each
batch of coating material used in the order; and the material,
quantity represented, date of manufacture, and name and address
of manufacturer; and a statement that the supplied coating material
meets the requirements of annex A1 of ASTM A775.
Copyright @ 1996
Crafton, Tull & Associates, lnc.
A.
B
D
aa TS-310-1
-
a
=
b
r )
Technical Specifications
Site preparation and Grading: Site work to include minor excavations for sign footing
construction, and cutting or filling according to the contours, to obtain a level ground for the sign.
Owner to provide field instructions for sign orientation and finished grading.
Sign Footing Excavation: The area for the footing shall be excavated six (6) feet wide, and to a
minimum depth of three (3) feet ( more excavation may be needed until suitable soil is reached).
At this point the soil shall be thoroughly compacted by means of a tamper or any other approved
method. Then 9" of SB-2 shall be placed and compacted in 5" and 4" lifts, to obtain l00o/o of
Modified Proctor. Two tests shall be performed per footing, and the price of testing shall be
included in the lump sum price of the contract.
Concrete Sign: Sign shall be cast in place using wood forms to be removed prior to Stone Base
construction. A l " chamfer shall be formed at all edges of sign. Two l/2" chamfers shall be
included in a "V" shape within the wood form to create the grid pattern as shown on the
drawings. #4 rebars shall be utilized according to the drawings. #4 rebars and #3 stirrups shall be
utilized to create the "crown detail" as shown on the drawings. Class B concrete shall be used,
after concrete is fully set, forms shall be removed. Sign shall have a smooth natural concrete
finish.
Pipe Crossbar: I " diameter pipe shall be welded together to form the crossbars. The pipe
crossbar shall be set within the concrete as shown on the drawings. Finish of pipe crossbars to be
selected by the owner. Two material samples, one to be polished bronze finish and the other to be
aluminum with baked enamel finish shall be submitted.
Raised Letters: Letters, spelling "Fayetteville" in capital, block style, shall be set within the
concrete and secured with bolts as shown on the drawings. Finish of letters to be selected by the
owner. Two material samples, one to be polished bronze finish and the other to be aluminum with
baked enamel finish shall be submitted.
Stone Base: Stone base shall be constructed around the concrete sign according to the
dimensions shown on the drawings. Stones shall be natural, weathered and irregular in shape, and
laid in a horizontal course with deeply raked mortar joints.