Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
172-91 RESOLUTION
• RESOLUTION NO. 172-91 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH MCCLINTON ANCHOR COMPANY IN THE AMOUNT OF $258,650 FOR DEMOLITION WORK ON PARKING LOTS FOR THE WALTON ARTS CENTER AND AUTHORIZING A CHANGE ORDER. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with McClinton Anchor Company in the amount of $258,650 for demolition work on parking lots for the Walton Arts Center. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Board of Directors specifically authorizes change orders to the aforementioned contract deleting all work on the 400 block of Dickson Street site and the School Avenue site, reducing the contract amount by $81,650, making the new contract price $177,000. PASSED AND APPROVED this 17th day of September , 1991. APPROVED: By: ATTEST: B • • • State of Arkansas ) County of Washington ) CONTRACT THIS AGREEMENT, made and entered into this 17th day of set-mber • 19 91 , by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and APAC-Arkansas, Inc., McClinton -Anchor Division of the City of Fayetteville, Arkansas , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: 1 WHEREAS, the Owner has called for bids for construction of Walton Arts Center Parking Lot; Phase 1 - Demolition, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best bidder for the construction of said Walton Arts Center Parking Lot; Phase 1 - Demolition; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Work to include demolition and removal of building structures, foundations, walls (rock and concrete), culverts, curb and gutters, sidewalks, pavement (surface and base), fences, trees and other vegetation for the three sites designated as "The West Avenue Site," "The 400 Block of Dickson Street Site" and "The School Avenue Site,' and all work required for complete demolition, which consists of all items as set out in the Bid, these Specifications and Plans No. Fy-212 dated September 1991, including all work required for a complete installation, for the lump sum price bid in the Bid, all of which become and are a part of this contract, the total sum being Two Hundred Fifty -Eight Thousand Six Hundred Fifty and no/100 dollars ($ 258,650.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. 6-1 The Contractor agrees to commence work under this contract within two days of the issuance of the Notice to Proceed and complete all work by the October 19, 1991 and November 4, 1991 deadlines. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within two (2) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fads in completing the total contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of two hundred dollars ($200.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled only to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. 6-2 • • • In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, In which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, Tess the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall 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 their hands and seals, respectively. 1/ k),,,,i,, Witnesses* APAC-Arkansas, Inc. McClinton -Anchor Division Firm Nam By�w'i»tri1J Al. t -.00.[i James A. Cole, Vice -President *If corporation, secretary should attest. Attest: CITY OF FAYETTEVILLE, ARKANSAS L^ �. / <�/!�/l Fred Vorsanger, Mayor Sherry L. fl'homas, City Clerk 6-3 CHANGE ORDER (Instrbctions on reverse side) No 1 PROJECT: OWNER: (Name, Address) Walton Arts Center Parking Lot PHASE 1 - DEMOLITION City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 CONTRACTOR: APAC-Arkansas, Inc. McClinton -Anchor Division P. O. Bo* 1367 CONTRACTFttttevil e, Arkansas 72702 Parking Lot Demolition DATE OF ISSUANCE: September 17, 1991 OWNER's Project No Fy-212 ENGINEER: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 ENGINEER's Pro ect No Fy-212 You are directed to make the following changes in the Contract Documents. Description: Delete all work shown on the Plans and Specifications at "the 400 Block of Dickson Street site" and "the School Avenue site." Purpose ofChangeOrder: Reduce the scope of the project. Attachments: (List documents supporting change) McGoodwin, Williams & Yates City of Fayetteville, AR RECOMMENDED: APPROVED: by McClinton -Anchor Company APPROVED: Charles 1<.. F'iickle, P. E. EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. y 4%44A5 9/ t/no James e"rorlre, Vice -Pres. CHANGE IN CONTRACT PRICE: Original Contract Price 258 650.00 $ CHANGE IN CONTRACT TIME: orifi nnl Sont Ti�e991 for West Avenue site; Novo err, 4, November 4, 1991 for other two sites days oc date Previous Change Orders No to No Net change from previous Change Orders 0 f 0 day, Contract Price prior to this Change Order $ 258,650.00 Contract Time Prior October November14, to this Change Order 1991 1991 days or date Net)(kQmmacm Jdeaemehif this Change Order $ 81,650.00 Net Increase (dn zasc) of this Change Order 29 days days Contract Price with all approved Change Orders $ 177,000.00 Contract Time with November 17, all approved Change Orders 1991 days or dale McGoodwin, Williams & Yates City of Fayetteville, AR RECOMMENDED: APPROVED: by McClinton -Anchor Company APPROVED: Charles 1<.. F'iickle, P. E. EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. y 4%44A5 9/ t/no James e"rorlre, Vice -Pres. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent Change Order if they affect Price or Time. Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order, The practice of accumulating change order items to reduce the adminis- trative burden may lead to unnecessary disputes. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time, a Field Order may he used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attach- ments based upon documents and proposals submitted by Contractor. or requests from Owner, or both. Once Engineer has completed and signed the form. all copies should he sent to Contractor for approval. After approval by Contractor. all copies should he sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to price or to time. cross out the part of the tabulation that does not apply. McGOODWIN, WILLIAMS AND YATES, INC. • Consulting Engineers 909 Rolling Hills Drive FAYETTEVILLE, ARKANSAS 72703 (501) 443-3404 TO City of. Fayetteville 111. W._Mountain. Fayetteville, Arkansas 72701 LETTER ©FP TE K61110flAd DATE September 27, 1991 ATTENTION '1r. David Cox JOB NO Fy-212 RE. Walton Arts Center Parking Lot Phase I - Demolition Fayetteville, Arkansas WE ARE SENDING YOU 17 Attached ❑ Under separate cover via the following Items: O Shop drawings D Prints ❑ Copy of letter LXChange order ^: Plans ❑ Samples 0 Specifications Cj Contract Documents COPIES DATE NO. DESCRIPTION 1 09/17/91 City's copy of the fully -executed Specifications and Contract Documents. 1 09/17/91 Executed copy of Change Order No. 1 to the referenced project. THESE ARE TRANSMITTED as checked below: ❑ For approval For your use E As requested ❑ Approved as submitted 0 Resubmit copies for approval O Approved as noted 0 Submit copies for distribution ❑ Returned for corrections 0 Return corrected prints O For review and comment 0 ❑ FOR BIDS DUE REMARKS 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED- FIBOUCTYAJ 2IN.GMM.eat 9OI. TMS& NONE TCS FREE IBSESEB II enclosures are nor as noted, kindly notily as at o co, f Charles R.ickle P. E. ciy CHANGE ORDER (Instructions on reverse side) No 1 • PROJECT: OWNER: (Name, Address) Walton Arts Center Parking Lot PHASE 1 - DEMOLITION City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 CONTRACTOR: APAC-Arkansas, Inc. McClinton-AAnchor Division CONTRAC Weteville67Arkansas 72702 Parking Lot Demolition DATE OF ISSUANCE: September 17, 1991 OWNER's Project No Fy-212 ENGINEER: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 ENGINEER's Project No Fy-212 You are directed to make the following changes in the Contract Documents. Description: Delete all work shown on the Plans and Specifications at "the 400 Block of Dickson Street site" and "the School Avenue site." Purpose ofChangeorder: Reduce the scope of the project. Attachments: (List documents supporting change) RECOMMENDED: by APPROVED: Charles R.'llickle, P. E. Fred orsanger, Ma EJCDC No. 1910.8-13(1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. APPROVED: by James A. Con u6lolr e, Vice -Pres. CHANGE IN CONTRACT PRICE: Original Contract Price $ 258,650.00 CHANGE IN CONTRACT TIME: oI5ctoSe rafiT47991 for West Avenue site; November 4, 1991 for other two sites days or date Previous Change Orders No. to No Net change from previous Change Orders 0 $ 0 days Contract Price prior to this Change Order s 258,650.00 Contract Time Prior ober1991 Novemberl4, to this Change Order 1991 days or dale Net ij flylM (decrease) of this Change Order $ 81,650,00 Net Increase 6tlyrem e) of this Change Order 29 days days Contract Price with all approved Change Orders s 177,000.00 Contract Time with all approved Change Orders November 17, 1991 days or dare McGnndwin. Williams R Yates City of Fayetteville. AR McClinton -Anchor Company RECOMMENDED: by APPROVED: Charles R.'llickle, P. E. Fred orsanger, Ma EJCDC No. 1910.8-13(1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. APPROVED: by James A. Con u6lolr e, Vice -Pres. CIL1NGE ORDER I.NSTRUCTIONS • • A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent Change Order if they affect Price or Time. Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the adminis- trative burden may lead to unnecessary disputes. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form. including a description of the changes involved and attach- ments based upon documents and proposals submitted by Contractor. or requests from Owner. or both. Once Engineer has completed and signed the form. all copies shou!d be sent to Contractor for approval. After approval by Contractor. all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. if a change only applies to price or to time. cross out the part of the tabulation that does not apply. SPECIFICATIONS AND CONTRACT DOCUMENTS WALTON ARTS CENTER PARKING LOT PHASE 1 - DEMOLITION FAYETTEVILLE, ARKANSAS PLANS N0. Fy-212 SEPTEMBER, 1991 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS 0 1991 McGoodwin, WdGama and Vater TABLE OF CONTENTS Section Advertisement for Bids 1 Instructions to Bidders 2 State Wage Determination 4 Bid 5 Contract 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract 8 Supplementary Conditions 8 TECHNICAL SPECIFICATIONS Project Requirements 100 Methods of Measurement and Payment 1200 ADVERTISEMENT FOR BIDS Notice is hereby given that pursuant to an order by the CITY OF FAYETTEVILLE, ARKANSAS, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 10:30 a.m. Local Time. September 16, 1991, for the furnishing of all tools, materials, and labor and the performance of all necessary work in Fayetteville, Arkansas, consisting of BID NO. 91-49 WALTON ARTS CENTER PARKING LOT DEMOLITION PROJECT NO. ST90-004-TR All necessary work, materials, and every Item of demolition shall be in accordance with the plans and specifications as approved by the Public Works Department, City of Fayetteville. Said plans and specifications are on file in the office of the Engineer, McGoodwin, Williams and Yates, Inc., 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Questions may be addressed to Dana Stahl at 443-3404. Copies may be obtained from the office of said Engineer upon the payment of $25.00. Each contractor shall be responsible for the investigation, inspection, and studies of the project sites as deemed necessary to familiarize themselves with all conditions to be encountered. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. , Each bid must be accompanied by a cashier's check or surety bond in an amount equal to five percent (5%) of the whole bid Said bond shall be issued by a surety company licensed to do business in the State of Arkansas. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds within ten (10) days from and after the date the award is made, the Owner shall retain said check or bond as liquidated damages. All bids shall be sealed and the envelope addressed to the Owner, CITY OF FAYETTEVILLE, PURCHASING OFFICE, CITY HALL, 113 WEST MOUNTAIN STREET, FAYETTEVILLE, ARKANSAS, and marked on the lower left side of the bud envelope shall be the following information: project name, date of bid opening, time of bid opening, bidding contractor's name and license number, and subcontractor's name and license number, if any. Bids will be opened and read aloud at the City Hall, Room No. 111, and shall be considered by the Owner, as may be necessary. The right to reject any and all bids, to waive any informalities, and to negotiate with any qualified bidder after bid opening, shall be reserved to the discretion of the Owner 1-1 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term 'Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 2-1 Instructions to Bidders 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? if so, where and why? 10) Ust the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 12) Experience in construction similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day of , 19 Name of Organization: By Titre Slate of ) County of ) being duly sworn deposes and says that he (she) is the of Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. 2-2 Instructions to Bidders Subscribed and sworn before me this day of 19 Notary Public My commission expires (Seal) Each Bid must contain evidence of Bidder's qualifications to do business in the state where the project is located or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non- technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, 2-3 Instructions to Bidders and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional Information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid far performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary far submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated far use by Contractor in performing the Work are identified in the Contract Documents All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents, Questions received Tess than ten days prior to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2-4 Instructions to Bidders 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR 'OR -EQUAL" ITEMS. The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or -equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer Application for acceptance of substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7 1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS. SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 2-5 Instructions to Bidders 10.2 The Contractor will be required to furnish the names of Subcontractors and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear an the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Farm Is Included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in Ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mall or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 2-6 Instructions to Bidders 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS Bids will be opened and (unless obviously nonresponsive) read aloud publicly. A tabulation of the amounts of the base Bids and major altemates (if any) will be made available to Bidders after preparation by the Engineer. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time 2-7 Instructions to Bidders 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of She Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150 Arkansas Acts of 1965, the 'Arkansas State Licensing Law for Contractors.' Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and She Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. WAGES AND LABOR. Minimum wage rales shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8 I I I I I I I Li [I I I I I 1 1 I Instructions to Bidders The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages In a prominent and easily accessible place at the site of the Work. 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 22. COMPLIANCE WITH ACT 125. ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts 01 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162. ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. I 2-9 Bill Clirtan J.L. Terwilliger Gocna clrecm STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM LRTLE ROCK 72205 (501)682-4500 September 4, 1991 ' Mr. Dana Stahl L McGoodwin, Williams & Yates 909 Rolling Hills Drive Fayetteville, AR 72703 IRE: Walton Art Center Parking Fayetteville, Arkansas Washington County Dear Mr. Stahl: ' In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 91-48 establishing the minimum wages rates to be paid on the above -referenced project. These rates were I established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. SS 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.SS22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). Once the contract is awarded, please notify this office of the following: the name, mailing address and telephone number of the general contractor; the date construction is to begin; the ` anticipated completion date; and the amount of the project bid. If you have any questions please feel free to contact me at 1 (501) 682-4533 or through fax at (501) 682-4532. Sincerely, ,cL c 4M. Ann Sanders Prevailing Wage Supervisor enclosure ' 4-1 I I I I I I I LI I [1 L] H I I I Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - BUILDING RATE DATE: September 4, 1991 DETERMINATION #: 91-48 PROJECT: Walton Arts Center Parking COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATE: 3-4-92 SURVEY #: 691-AR22 CLASSIFICATION Bricklayers Carpenters Cement Masons Concrete Finishers Electricians Glaziers HVAC Mechanics Ironworkers Laborers Lathers Metal Building Erectors Painters Plasterers Plumbers & Pipefitters Roofers Sprinkler Fitters Sheet Metal Workers Power Equipment Operators: Backhoes Bulldozers Cranes Frontend Loader Waterproofer BASIC HOURLY RATE FRINGE BENEFITS 12.80 10.75 9.10 12.20 1.23 15.19 2.89 12.75 9.95 1.15 14.65 3.67 7.65 11.54 .89 8.50 .45 8.90 14.20 11.45 2.55 11.20 15.97 4.83 10.10 2.30 8.85 8.65 8.90 9.60 12.05 Welders --receive rate perscribed for craft performing operation to which welding is incidental. June 7, 1991 Cl 4-2 I IBID ' WALTON ARTS CENTER PARKING LOT PHASE 1 - DEMOLITION Fayetteville, Arkansas ' Plans No. Fy-212 Dated September 1991 Board of Directors City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price a and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number I I and such addenda are attached to the Bid. I ' 5-1 I b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any ' manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the ' extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract ' Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, L tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. If) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. i 5-2 I 1 4. I The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for 5% of amount bid 1 5. The Bidder will complete the Work for the following lump sum price: Li I, I I J I I I I I I II Two Hundred Fifty -Eight Thousand Six Hundred Fifty -dollars $ 258,650.00 (Dollar Amount Written in Words) (Total in Fioures) Final payment will be in accordance with Section 1200, "Methods of Measurement and Payment' The amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above price shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that all Work will be complete by the October 19, 1991 and November 4, 1991 deadlines if the Notice to Proceed is issued by September 23, 1991. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. ' 5-3 Submitted this 16th day of September 19 _91 Respectfully submitted, APAC-Arkansas, Inc. McClinton -Anchor Division (Firm Name) IBy /s/ James A. Cole Title Vice -President Post Office Box 1367 Fayetteville, Arkansas 72702 (Business Address & Zip Code) Arkansas License No. 91-195 I(Seal, if bid is by corporation.) Attest: /s/ Guy Washburn I I I I I 1 I 5-4 I ' CONTRACT State of Arkansas ) County of Washington ) • THIS AGREEMENT, made and entered into this / 7 day of `p,M Ge✓' • 19 , by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and ' APAC-Arkansas, Inc., McClinton -Anchor Division • of the City of Fayetteville, Arkansas , Party of the Second • Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for construction of Walton Arts Center Parking Lot; Phase 1 - Demolition, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best bidder for the construction of said Walton Arts Center Parking Lot; Phase 1 - Demolition; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: ' Work to include demolition and removal of building structures, foundations, • walls (rock and concrete), culverts, curb and gutters, sidewalks, pavement ' (surface and base), fences, trees and other vegetation for the three sites designated as "The West Avenue Site," "The 400 Block of Dickson Street Site" and "The School Avenue Site, and all work required for complete ' demolition, which consists of all items as set out in the Bid, these Specifications and Plans No. Fy-212 dated September 1991, including all work required for a complete installation, for the lump sum price bid in the Bid, all of which become and are a part of this contract, the total sum being Two Hundred Fifty -Eight Thousand Six Hundred Fifty and no/100---------------- dollars ($ 258,650.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, ' labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in ' accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. 6-1 n The Contractor agrees to commence work under this contract within two days of the issuance of the Notice to Proceed and complete all work by the October 19, 1991 and 7 November 4, 1991 deadlines. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within two (2) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the total contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of two hundred dollars ($200.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled only to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay In transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. 1 6-2 I 7 In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an lend, in which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the 7 surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. I IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and ,. seals, respectively. APAC-Arkansas, Inc. McClinton -Anchor Division Firm Namme�, , Q By �- �� �� �•,., t-� 2 James A. Cole, Vice -President Witnesses' *If corporation, secretary should attest. CITY OF FAYETTEVILLE, ARKANSAS Attest: Fred Vorsanger, Mayor Sherry L. omas, City Clerk I I I I 6-3 I a PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) APAC-Arkansas, Inc., McClinton -Anchor Division a(2) corporation hereinafter called "Principal" and (3) INSURANCE COMPANY OF NORTH AMERICA Of PHILADELPHIA IStateof PA ,hereinaftercalled the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum of Two Hundred Fifty -Eight Thousand Six Hundred Fifty and no/100------- dollars ($ 258,650.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is sucfitht whereas, the Princip I entered into a certain contract with Owner, dated the day of a copy of which is hereto attached and made a part hereof for the • construction of: Walton Arts Center Parking Lot, Phase I - Demolition; • ' Fayetteville, Arkansas; Plans No. Fy-212. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full Iforce and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. I 7-1 l! This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is eey�fed in six (6 oun erpa , each one of which shall be deemed as original, this the 1 day of , 199. Attest: 7rincipal) Secretary (Seal) Witnes s to Principal FAYETE y80 E AD 1367 X^w Address .:• APAC-Arkansas, Inc. McClinton -Anchor Company Principal �% By / //rrr,�l/ '- (.bt.�i Post Office Box 1367 Fayetteville, Arkansas 72702 Address INSURANC, COMPANY OF NORTH MERICA Surety A� By Donald R. Henderson P. 0. Box 511, Little Rock, AR 72203 Address P. 0. Box 511. Little Rock, AR 72203 Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-2 ri I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) APAC-Arkansas, Inc., McClinton -Anchor Division a (2) corporation hereinafter called "Principal" and (3) INSURANCE COMPANY OF NORTH AMERICA of PHILADELPHIA ,State of PA ,hereinaftercalled the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum ' of Two Hundred Fifty -Eight Thousand Six Hundred Fifty and no/100-------------- dollars ($ 258,650.00 ) in lawful money of the United States, for the payment ' of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is su h ti t whereas, the P incipal entered into a certain contract with Owner, dated the ` day of 19 , a copy of which is hereto attached and made a part hereof for the con ruction of: Walton Arts Center Parking Lot, Phase I - Demolition; ' Fayetteville, Arkansas; Plans No. Fy-212. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the ' prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used t in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the ' State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department ' of Labor or as determined by the court on appeal to all workmen performing work under the contract. ' PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying ' the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. ' 7-3 1 1 1 1 1 I 1 I I 1 1 1 PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is execui�d in six (6) unto parts each one of which shall be deemed as original, this the I'7-FF day of 19'Y/ , Attest: eala (P` rincipal) Secretary _(Seal) Witness to Principal P.O. BOX 1367 FAYETTEVILLE, AR 72702 Address Att t: (Surety)oretary Witness ds Surety Address APAC-Arkansas, Inc. McClinton -Anchor Division Principal By l 2rn..) I eC�i Post Office Box 1367 Fayetteville, Arkansas 72702 Address INSURAN E COMPANY OF NO MERICA Surety A.. i Donald R. Henderson P. 0. Box 511, Little Rock, AR 72203 Address Box 511, Little Rock, AR 72203 NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-4 • to seas..: r.r. POWER OF kvirance comaof Norm Zneaco 'ATTORNEY a oGNA company 319221 Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company on December 5, 1983. to wit: ' 1191XVeb, MU Wrr*M M Nncis S. II end 6., of the BY'Lee.. IM Mbw4 Rule *MM Vov.ta the u•cwflo for lb. cMgMy Of bona.. wMM.khla., r.cWMaM,c•.. co,l^N,• ate otti w11rW W ee MNae e.eMf: .. (11 That e. P..Mewe. My sweet Vice Preedwe. Ma vine ►.asides. •ny Awe.M Vice Pr.aroant. a ay Atbn.y-SP.M, may eeeea. to Mw on bate of the CMnr.y en, is .It bonee. 1lmearteeelat nMararsa. a.IMrata .M *,.r acabU r 6M Deese II,a..l, tee urn. M be MIweM 1M1M hr- ay by U. Cgpe1* a.aM.ry, Or Pay AMrta t CMpee kensy. ate the as a te.deew.y aerM asap, end 1St Mr rssdwit. sly aaaor VIM Irappee6 eer vice rnwewe crony ft eefMwe van rtwer.ar .pat and sebMa. any inner 0mw (acted a a.eeMee a a. C.mo.y. ate Apaw•Y►.rfaa ro a eeee.1. Or MI..t to a. m.spMiae a w aYa11 flu a beta a tile" • ate M ama IM said at it,. csagry theme. set AM ..ee wars ea c ed r eaeardrae .ten Meewe e aales be •• bmer5.par M. company In .my nee M mo..law by the Pi - w aeeMM at by fee cap.l. Sects,. 161 welt•esteemaewe.rr.aNwe.a abater VicePreWstema.vbrY.wwl. ate AseeaM VIMh.. - M agale.•apreCompeerwen Msate byMeiosis aeuY pe.a aalMney a1MMa pMMMa r eM Aa.aMlem. M6 eM aia.ere a a dMMe/ra,y6.e eY e,..M1 a eM nwepetY M.Y M slate by i.c M Mr .._C e a ally Mrb p..M. ate ant seen po.R> a iScof. bsaala snot. taaarae Mireber• ate ewe See N valid ate brdr5 on M. Coa.eny. (M ewe .leer Oaleae of e1. Company. min Aaanya*P.cl ee.M nave mrhMity to cMy at v.rMy tepee. Of this ^uoMI.. the Byiwe. elr. Canp.ny. sad my .Mlds,Y cc .Mod a the canpay MMM .y ro S.a ca q. a tt..v akin. '(a) The MBO W a MN RMot.tbn do.. tot w .ee. nary wile. suaahty wanted MMM a ate by as.oe. sated at 0veetoe M . .dootJun. 9, ,569. May 2a 1976 sad Mach 23. 1077." does hereby nominate, constitute and appoint DONALD R. HENDERSON, JUDY FRANKS BUTLER, and MARY GARDNER, all of the City of Little Rock, State of Arkansas----------___--__---__---______--_____ I I I I TI l 1 i L I I El its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and dead any and all Bonds and Undertakings, LIMITED in amounts, TWENTY FIVE MILLION ($25,000,000.) on behalf of APAC-Arkansas, Inc. and APAC-Mississippi, Inc., and APAC-Tennessee. Said Bonds and Undertakings to be signed for the Company and the Seal of the Company attached thereto by any one of the said Donald R. Henderson, Judy Franks Butler, and Mary Gardner, individually. And the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said R. E. Giveans, Vice -President, has hereunto subscribed his name and affixed the corporate seat of the said INSURANCE COMPANY OF NORTH AMERICA this 19th day of August tg 90 INSURANCE COMPANY OF NORTH AMERICA I. Th COMMONWEALTH OF PENNSYLVANIA R E. GIVEANS. vice Pres,dent COUNTY OF PHILADELPHIA On this 19th day of August. , A.D. 1990.. . before the subscriber, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia duly commissioned and qualified, came R. E. Giveans, Vice - President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me dulysworn, deposeth and aaith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and dir.cttq$tdSmj�,orporation. and MN Resolution, adopted by the Board of Directors of said Company, referred to in the preceding IOC L) V$7JEOF, 1 have seal at the City of Philadelphia the day and year •^- �'; NOTARIAL SEAL y " JULIA ANNA ROHANA. Notary P:w:ic OF 5*— Philadelphia, Philadelphia County _____ _ .p.�.. ___L______My Commission Expires August 20, it Nnxary Public II. the (tpdertiigq�FF,'Sa�jetilry ojI18URANCE COMPANY OF NORTH AME A. do hereby cattily that the original POWER OF ATTORNEY, of which the forego iii, •It1, correct copy, is in full torte and enact. In witness `4Neracfa fl ve herQunsFrtbed my name as Secre ry, and ed t torpor to seal t Corporation, this J ����,, day cl _ t9 ' • • • Jame6 S. WYala !—f Secretary • THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN 04CEPTION DATc AFTER June 4, 1993 I as-aaisa Phi is USA I I I [I I This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Issued and Published Jointly By `AMA f,pc' AMERICAN ytanuFias = yw SOCIETY OF CIVIL \�,f o a a ENGINEERS 1� V N FOUNDED iw ?� cD U N c." Il52 PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ' AMERICAN CONSULTING ENGINEERS COUNCIL I I LI AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General C Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2, 1983 editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents, No. 1910.9, 1981 edition. For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple- mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12, 1983 edition) may be used. No. 1910-8 (1983 Edition) I H I r 1l I [I ►I I I O1983 National Society of Professional Engineers 2029 K Street. N. W., Washington, D.C. 20004, Ame:uan Censu.timg Ergmeers Council 1075 :5th Street, N,W.. Wasnington, J.C. 2')Y15 American Sac iely of Cisd Engineer} 345 East 47th Street, New York. NY 1))' 1 , Construction Spec icahons Inetitu:e 601 Madiscn Sc., A.exandua. VA 22314 I I Li I 1: 1: TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page I DEFINITIONS...................................................... 7 ' 2 PRELIMINARY MATTERS ........................................ 8 3 CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE ............................... 9 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 10 ' 5 BONDS AND INSURANCE........................................ii 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 7 OTHER WORK ..................................................... 18 8 OWNER'S RESPONSIBILITIES .................................... 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 I. 10 CHANGES IN THE WORK ......................................... 2I II CHANGE O9CONTRACT PRICE .................................. 21 12 CHANGE OF CONTRACT TIME ................................... 24 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... 24 ' 14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26 15 SUSPENSION OF WORK AND TERMINATION .................. 29 16 ARBITRATION..................................................... 31 17 MISCELLANEOUS................................................. 32 I I 3 I I I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance .........a ................... 5.13 ' Access to the Work .................................. 13.2 Addenda —definition of (see definition of Specifications) ........................................ 1 ' Agreement —definition of ................................ 1 All Risk Insurance.... ............. ..... 5.6 Amendment, Written ............................. 1,3.1.1 Application for Payment —definition of .................. I Application for Payment, Final ...... . . .. . . ... . . . ... 14.12 Application for Progress Payment .. .. 14.2 Application for Progress Payment —review of .... 14.4-14.7 Arbitration ............................................. 16 Authorized Variation in Work ......................... 9.5 -- Availability of Lands 4.1 Award, Notice of —defined .............................. ' Before Starting Construction ...................... 2.5-2.7 Bid —definition of ....................................... l Bonds and Insurance —in general ........................ 5 Bonds definition of ..................................... 1 ' Bonds, Delivery of ............................... 2.1, 5.1 Bonds, Performance and Other .................... 5.1-5.2 CashAllowances.....................................11.8 Change Order —definition of ............................. I Change Orders —to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims, Waiver of —on Final Payment ............... 14.16 Clarifications and Interpretations ..........9.4 Cleaning ............................................. 6.17 Completion ............................................. 14 Completion, Substantial ......................... 14.8-14.9 Conference, Preconstruction .......................... 2.8 Conflict, Error, Discrepancy —Contractor ' to Report ...................................... 2.5, 3.3 Construction Machinery, Equipment, etc . ............. 6.4 Continuing Work ..................................... 6.29 Contract Documents —amending and supplementing.................................. 3.4-3.5 Contract Documents —definition of ...................... Contract Documents —Intent ......................3.1-3.3 Contract Documents —Reuse of ....................... 3.6 ' Contract Price, Change of .............................. II Contract Price —definition ...............................I Contract Time. Change of .............................. 12 Contract Time, Commencement of .................... 2.3 Contract Time —definition of ............................I I Contractor —definition of ................................I I Contractor May Stop Work or Terminate ............. 15.5 Contractor's Continuing Obligation .................. 14.15 Contractor's Duty to Report Discrepancy in Documents .................................. 2.5. 3.2 Contractor's Fee —Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11.7 Contractor's Liability Insurance ....................... 5.3 Contractor's Responsibilities —in general ................ 6 Contractor's Warranty of Title ........................ 14.3 Contractors —other ........................... .. 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor —definition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents .................................. 2.2 Correction or Removal of Defective Work ........... 13.11 Correction Period, One Year ........................ 13.12 Correction, Removal or Acceptance of Defective Work—in general ........................... 13.11-13.14 Cost —net decrease ................................. 11.6.2 Cost of Work .................................... 11.4-I I.5 Costs, Supplemental ................................ 11.4.5 Day —definition of ....................................... Defective —definition of.................................I Defective Work, Acceptance of ...................... Defective Work, Correction or Removal of .......... I 13.13 13.11 Defective Work—in general ............... 13, 14.7. Defective Work, Rejecting ............................. Definitions .............................................. Delivery of Bonds ..................................... Determination for Unit Prices ........................ 14.11 9.6 2.1 9.10 Disputes, Decisions by Engineer ................. 9.11-9.12 Documents, Copies of ................................. Documents, Record .................................. Documents, Reuse .................................... 2.2 6.19 3.6 Drawings —definition of ................................. I Easements............................................ 4.1 Effective date of Agreement —definition of ............... 1 Emergencies.......................................... 6.22 Engineer —definition of..................................I Engineer's Decisions ............................ 9.10-9.12 Engineer's —Notice Work is Acceptable ............. 14.13 Engineer's Recommendation of Payment ...... 14.4, 14.13 Engineer's Responsibilities, Limitations on .................................. 6.6, 9.11, 9.13-9.16 Engineer's Status During Construction —in general .. .. 9 Equipment. Labor, Materials and ..................6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations of physical conditions ................... 4.2 Fee. Contractor's —Costs Plus ........................ 11.6 Field Order --definition of ............................... 1 Field Order —issued by Engineer ................ 3.5.1, 9.5 Final Application for Payment ....................... 14.12 Final Inspection ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final Payment, Recommendation of ........... 14.13-14.14 General Provisions ..............................17.3-174 General Requirements —definition of ..................... I General Requirements —principal references to ................. 2.6. 44 64 6A.6.6-6.7.6.23 I I I I I I I I I I I I I U J Ii I 1 Giving Notice ........................................ 17.1 Guarantee of Work —by Contractor ................... 13.1 Indemnification ............................. 630-6.32, 7.5 Inspection, Final ............. 14.11 ............. Inspection, Tests and ................................. 13.3 Insurance, Bonds and —in general ....................... 5 Insurance, Certificates of ........................... 2.7, 5 Insurance --completed operations ...................... 5.3 Insurance, Contractor's Liability ...................... 5.3 Insurance, Contractual Liability ....................... 5.4 Insurance, Owner's Liability .......................... 5.5 Insurance, Property .............................. 5.6-5.13 Insurance —Waiver of Rights ......................... 5.11 Intent of Contract Documents ................... 3.3, 9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions ................... 4.2 Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations -definition of ..................... 1 Laws and Regulations —general ....................... 6.14 Liability Insurance --Contractor's ..................... 5.3 Liability insurance —Owner's ......................... 5.5 Liens —definitions of.........................14.2 Limitations on Engineer's Responsibilities ..................... 6.6,9.! 1, 9.13-9.16 Materials and equipment —furnished by Contractor .... 6.3 Materials and equipment —not incorporated in Work .............................. 14.2 Materials or equipment —equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi -prime contracts ................................... 7 Notice, Giving of ..................................... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of Award —definition of I .......................... Notice to Proceed —definition of .........................I Notice to Proceed —giving of .......................... 2.3 .,Or -Equal" Items......................................6 Other contractors............................... .7 7.... Otherwork .............................................. 7 Overtime Work —prohibition of ........................ 6.3 Owner —definition of .................................... Owner May Correct Defective Work ................. 13.14 Owner May Stop Work .............................. 13.10 Owner May Suspend Work, Terminate ..........15.1-15.4 Owner's Duty to Execute Change Orders ............. 11.8 Owner's Liability Insurance ........................... 5.5 Owner's Representative —Engineer to serve as ........ 9.1 Owner's Responsibilities —in general .................... 8 Owner's Separate Representative at site ............... 9.3 Partial Utilization .................................. 14.10 Partial Utilization —definition of ......................... I Partial Utilization —Property Insurance ............... 5.15 Patent Fees and Royalties ............................ 6.12 Payments. Recommendation of ........... 14.4-14.7, 14.13 Payments to Contractor —in general .................... 14 Payments to Contractor —when due ...... .. 14.4. 14.13 Payments to Contractor —withholding ................ 14.7 Performance and other Bonds ..................... 5.1-5.2 Permits............................................... 6.13 Physical Conditions .................................. 4.2 Physical Conditions —Engineer's review ............. 4.2.4 Physical Conditions —existing structures ............. 4.2.2 Physical Conditions —explorations and reports ....... 4.2.1 Physical Conditions —possible document change ..... 4.2.5 Physical Conditions —price and time adjustments .... 4.2.5 Physical Conditions —report of differing ............. 4.2.3 Physical Conditions —Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises, Use of .......................... 6.16-6.18 .. Price, Change of Contract I I .............................. Price -Contract —definition of ............................ 1 Progress Payment, Applications for ................... 14.2 Progress Payment—retainage ......................... 14.2 Progress schedule ......2.6, 2.9, 6.6, 6.29, 15.2.6 Project —definition of....................................I Project Representation —provision for ................. 9.3 Project Representative, Resident —definition of 1 .......... Project, Starting the.....................2.4 Property Insurance ............................... 5.6-5.13 Property Insurance —Partial Utilization ...............5.15 Property Insurance —Receipt and Application of Proceeds ................................... 5.12-5.13 Protection, Safety and ...............6.20-6.21 Punch list.....................14.11 Recommendation of Payment .................. 14.4, 14.13 RecordDocuments...................................6.19 ReferencePoints ...................................... 4.4 Regulations, Laws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related Work at Site..............................7.1-7.3 Remedies Not Exclusive .....................♦ 17.4 .•'. Removal or Correction of Defective Work ........... . 13.11 Resident Project Representative —definition of ........... I Resident Project Representative —provision for ........ 9.3 Responsibilities, Contractor's —in general ............... 6 Responsibilities, Engineer's —in general ................. 9 Responsibilities, Owner's —in general .................... 8 Retainage............................................1'12 Reuse of Documents..................................3.5 Rightsof Way.........................................4.1 Royalties, Patent Fees and ........................... 6.12 Safety and Protection ............................6.20-6.21 Samples ......................................... 6.23-6.'_8 Schedule of progress ........ 2.6, 2.8-2.9. 6.6. 6.'_9, 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6, 2.8.2.9, 6.23. 14.1 Schedule of values ...................... 2.6. 2.8-2.9, 14.1 Schedules. Finalizing .................................. 2.9 Shop Drawings and Samples .....................6.23-6.28 Shop Drawings —definition of ............................ Shop Drawings, use to approve substitutions......................................673 I 1 ' Site, Visits to —by Engineer ........................... 9.2 Specifications —definition of ............................. 1 Starting Construction, Before ...................... 2.5-2.8 ' Starting the Project .................................... 2.4 Stopping Work —by Contractor ....................... 15.5 Stopping Work —by Owner .......................... 13.10 Subcontractor —definition of ............. . . . ......... 1 Subcontractors —in general ................ . . .. 6.8-6.11 Subcontracts —required provisions ............ 5.11.1, 6.11 11.4.3 ' Substantial Completion —certification of .............. 14.8 Substantial Completion —definition of .................... I Substitute or "Or -Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 ' Supplemental costs ................................. 11.4.5 Supplementary Conditions definition of ................ I Supplementary Conditions —principal references to .. 2.2, 4.2, 5.1,5.3,5.6-5.8, 6.3, 6.13, 6.23, ' 9.3 Supplementing Contract Documents .............. 3.4-3.5 Supplier -definition of ................................... ' Supplier —principal references to ... 3.6, 6.5. 6.7-6.9, 6.20, 6.24, 9.13, 9.16, 11.8, 13.4, 14.12 Surety —consent to payment .................. 14.12, 14.14 Surety —Engineer has no duty to ..................... 9.13 Surety —notice to .......................... 10.1, 10.5, 15.2 Surety —qualification of ............................ 5.1-5.2 Suspending Work, by Owner ......................... 15.1 ' Suspension of Work and Termination —in general ....... 15 Superintendent —Contractor's .. .. 6.2 Supervision and Superintendence .................. 6.1-6.2 Taxes —Payment by Contractor ....................... 6.15 Termination —by Contractor .......................... 15.5 Termination —by Owner ......................... 15.2-15.4 Termination, Suspension of Work and —in general ......IS ' Tests and Inspections ........................... 13.3-13.7 Time, Change of Contract .............................. 12 I I I I I Time, Computation of ................................ 17.2 Time, Contract —definition of ............................ 1 Uncovering Work ............................... 13.8-13.9 Underground Facilities definition of ....................I Underground Facilities —not shown or indicated ..... 4.3.2 Underground Facilities —protection of ........... 4.3, 6.20 Underground Facilities —shown or indicated ......... 4.3.1 Unit -Price Work —definition of ..........................I Unit Price Work —general ................. 11.9, 14.1, 14.5 Unit Prices ......................................... 11.3.1 Unit Prices, Determinations for ....................... 9.10 Use of Premises ................................. 6.16-6.18 Utility owners .......................... 6.13.6.20, 7.2-7.3 Values, Schedule of ......................... 2.6, 2.9, 14.1 Variations in Work —Authorized ............ 6.25, 6.27, 9.5 Visits to Site —by Engineer ............................ 9.2 Waiver of Claims —on Final Payment ................ 14.16 Waiver of Rights by insured parties ............. 5.10, 6.11 Warranty and Guarantee —by Contractor ............. 13.1 Warranty of Title, Contractor's ....................... 14.3 Work, Access to ..................................... 13.2 Work —by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work, Cost of ................................... 11.4-11.5 Work —definition of.....................................I Work Directive Change —definition of ...................I Work Directive Change —principal references to ............................ 3.4.3, 10.1-10.2 Work, Neglected by Contractor ..................... 13.14 Work. Stopping by Contractor ........................ 15.5 Work, Stopping by Owner ....................... 15.1-15.4 Written Amendment -definition of ...................... 1 Written Amendment —principal references to ..................... 3.4.1, 10.1, 11.2, 12.1 1 1 1 1 J. 1 I I I. I. I GENERAL CONDITIONS ARTICLE 1 —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement —The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment —The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds —Bid, performance and payment bonds and other instruments of security. Change Order —A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents —The Agreement, Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post - Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price —The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Tinte—The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings —The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effective Date oft/se Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER —The person, firm or corporation named as such in the Agreement. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements —Sections of Division I of the Speci- fications. Laws and Regulations; Laws or Regulations —Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER —The public body or authority, corporation, asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization —Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative —The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. I I I I I I I I! I L U El L I I Shop Drawings —All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. Supplementary Conditions —The part of the Contract Docu- ments which amends or supplements these General Condi- tions. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities —All pipelines, conduits, ducts, cables. wires, manholes, vaults, tanks, tunnels orother such facilities or attachments, and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam. liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work —Work to be paid for on the basis of unit prices. Work —The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change —A written directive to CONTRAC- TOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work -related aspects of the Contract Documents. (Additions; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Time; Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown E_1 I I, I I I I I I I I Li thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub- missions; and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4 .241 9�Y%`IF-frray�/?W//1e!tYr�Sb/?PtYrP/949t7$n9tf Viv 14M wvP1YR%% AfPP(Y a49fY�fHtftltYffl (SC -2,7) Preconstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the panics as to the Work. Finalizing Schedules: 2.9. At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whetheror not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or. on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER, or any of their consultants, agents or employ- ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGI- NEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work. CONTRAC- TOR finds a conflict, error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification I I I I I I I I [l U I I I I I I from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4). Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other docu- ments (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; PHYSICAL CONDITIONS: REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per- formed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights -of -way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. (Addition; SC -4.2.1) 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- ments. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. I I0 I I Li I I I I I I I 11 I I I I I 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. 4.2.5. Possible Document Change: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles II and 12. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and, 4.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction, for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22). identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5 —BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of I L I [1 I I I I L] I H L I I LI I the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability Insurance: • 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: (Addition; SC -5.3) 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee ben- efit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained or the certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled, materially changed or renewal relined until at least thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. / Owner's Liability Insurance: (Replacement; /5/S�/ (Y�i di(%6ia4✓ v`�is�t66SC-5fb� {tL%/i6 r(d/a/d �,i�)�fid�/�Y�'fi���lb>(rs/Na'MUt//ifi�dr�6Jd hltd//4f iii/A%M YVrM ,0"1 l fMfrKz#/ �y71 PP�rPr'fl�y'1'wfV N)t/99t'frPfy9y5�7�P/S/ (Replacements; ropertv Insurance: SC -5.6; SC -5.7) .6. Unless otherwise provided in the Supplements Co itions. OWNER shall purchase and maintain prop rty insur cc upon the Work at the site to the full insurable alue thereo (subject to such deductible amounts as may a pro- vided in c Supplementary Conditions or require y Laws and Regu (ions). This insurance shall include t e interests of OWNER. CONTRACTOR. Subcontractors NGINEER and ENGIN R's consultants in the Work, a of whom shall be listed as ins eds or additional insured p ties, shall insure against the pen of fire and extended overage and shall include "all risk' insurance for physi al loss and damage including theft, van alism and malic' us mischief, collapse and water damage, a such other rils as may be provided in the Supplementary nditions. nd shall include damages, losses and expenses an si out o or resulting from any insured loss or incurred in the rep it r replacement of any insured property (including but no imited to fees and charges of engineers, architects. all ne, s and other professionals). If not covered under the "• I risk insurance or otherwise pro- vided in the Suppleme ary Condi ons. CONTRACTOR shall purchase and mainta t similar prop ty insurance on portions of the Work store n and off the sit or in transit when such portions of the'. ' rk are lobe inclutic in an Application for Payment. 5.7. O\/N shall purchase: and m;,int;I such boiler and machiner insurance or additional property a trance as may be refit rod by the Supplementary Condition. or Laws and Reeu [ions which will include the interests . \ OWNER. CO 'TRACTOR, Subcontractors, ENGINE. R AND E GINEER's consulLmts in the Work, all of a hot shall be steel as insured or additional insured parties. Li 12 fl Li (Replacement; SC -5.8) All the policies of insurance (or the certificates such waiver forms are required of any Subcontractor, other e ce thereof) required to be purchase main- CONTRACTOR will obtain the same. tamed by O in accordance with raphs 5.6 and (Replacements; 5.7 will contain a prov oren ment that the coverage $C-5.12; SC -5.13; afforded will not be canc aterially changed or renewal Receipt and Application of Proceeds: SC -5.14) refused until at irtydays' pn ttennotice has been 2. Any insured loss under the policies of insura e e given TRACTOR by certified mat d will contain requi d by paragraphs 5.6 and 5.7 will be adjuste with ver provisions in accordance with paragraph . 2. OWNE and made payable to OWNER as truste or the insureds, their interests may appear, subject tot a require - 5.9. OWNER shall not be responsible for purchasing and ments of an pplicable mortgage clause and paragraph Ii maintaining any property insurance to protect the interests 5.13.OWNER all deposit in a separate acc nt any money of CONTRACTOR. Subcontractors or others in the Work to so received, and all distribute it in acc dance with such fffl the extent of any deductible amounts that are provided in the agreement as the pa ies in interest m reach. If no other .Supplementary Conditions. The risk of loss within the special agreement is r ched the d aged Work shall be deductible amount, will be borne by CONTRACTOR, Sub- repaired or replaced, th money so received applied on contractor or others suffering any such loss and if any of them account thereof and the Wo - a the cost thereof covered wishes property insurance coverage within the limits of such by an appropriate Change Or or Written Amendment. amounts, each may purchase and maintain it at the purchas- • er's own expense. 5.13. OWNER as tru ee shall we power to adjust and (Replacement; SC -5.10) settle any loss with th insurers unles one of the parties in 10. If CONTRACTOR requests in writing that r interest shall object ' writing within fi en days after the specia ranee be included in the property i nee pol- occurrence of Ios to OWNER's exercise f this power. If icy, OWNS , if possible, include insurance, and such objection made, OWNER as trustee all make set - the cost thereof will rged t TRACTOR by appro- tlemenl with a insurers in accordance with suc agreement ' priate Change Order or mendment. Prior to tom- as the part' s in interest may reach. If required in 'zing by mencement of th rk at the site. ER shall in writing any pa in interest. OWNER as trustee shall, u n the advise C ACTOR whether or not suc er insurance occu nce of an insured loss, give bond for the prope er- en procured by OWNER, for ance of such duties. Waiver of Rights: Acceptance of Insurance: 5.11.1. OWNER and CONTRACTOR waive all rights . 4. If OWNER has any objection to the coverageaffor against each other for all losses and damages caused by by or her provisions of the insurance required to be ur- any of the perils covered by the policies of insurance chased a maintained by CONTRACTOR in ace dance provided in response to paragraphs 5.6 and 5.7 and any with paragr hs 5.3 and 5.4 on the basis of its not mplying other property insurance applicable to the Work, and also with the Cont ct Documents. OWNER shall otify CON - waive all such rights against the Subcontractors. ENGI- TRACTOR in w ' ing thereof within ten day of the date of NEER, ENGINEER's consultants and all other parties delivery of such ce ficates to OWNER i accordance with named as insureds in such policies for losses and damages paragraph 2.7. If CO RACTOR has y objection to the so caused. As required by paragraph 6.11, each subcon- coverage afforded by o ther prov' ons of the policies of tract between CONTRACTOR and a Subcontractor will insurance required to bepurc sed d maintained by OWNER contain similar waiver provisions by the Subcontractor in in accordance with paragrap .6 and 5.7 on the basis of • favorof OWNER. CONTRACTOR, ENGINEER. ENGI- their not complying with th ntract Documents, CON- NEER'sconsultants and all otherparties named as insureds. TRACTOR shall notify O ER in riling thereof within ten None of the above waivers shall extend to the rights that days of the date of de ery of such crtificates to CON - any of the insured parties may have to the proceeds of TRACTOR in accord ce with paragrap 2.7. OWNER and insurance held by OWNER as trustee or otherwise pay- CONTRACTOR s II each provide to the ther such addi- able under any policy so issued. tional informati in respect of insurance pro ded by each as the other y reasonably request. Failure by WNER or 5.11.2. OWNER and CONTRACTOR intend that any CONTRA OR to give any such notice of objecti within policies provided in response to paragraphs 5.6 and 5.7 the time rovided shall constitute acceptance of such sur- shall protect all of the parties insured and provide primary ance rchased by the other as complying with the Corn ct coverage for all losses and damages caused by the perils Do ments. covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of Partial Ctilication—Property Insurance: recovery against any of the parties named as insureds or 5.15. If OWNER finds it necessary to occupy or use a additional insureds, and if the insurers require separate portion or portions of the Work prior to Substantial Comple- waiver forms to be signed by ENGINEER or ENGI- tion of all the Work, such use or occupancy may be accom- NEER's consultant OWNER will obtain the same, and if plished in accordance with paragraph 14.10; provided that no I 13 I I I I I I I I I I rI Li L I I I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. - 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday, Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances. fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, con- nected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or -Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or 14 I I I I I I I I [I I I I I 11 I I I I royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR,s expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2), whether initially or as a substi- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions, OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right ofOWN WN ER or ENGI- NEER to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if to the actual knowledge ofOWNER W N ER I 15 11 I I I I U I I I L I C I I I El or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Tares: 6.15. CONTRACTOR shall pay all sales. consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights - of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equi- table, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equip- ment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written interpretations and clarifications iissued pursuant to paragraph 9.41 in good order and annotated to show all changes made during con- struction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon corn - 16 I n I I I pletion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: •.. 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the pro- tection, removal, relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work oranyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction orauthorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. (Addition; Shop Drawings and Samples: SC -6.23) 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen. sions. specified performance and design criteria, materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities, dimensions, specified performance cri- teria, installation requirements, materials, catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRAC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on 17 Y I I 1 I I I I I I I I I I I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses. direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) aris- ing out of or resulting from the performance of the Work. provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract for OWNER, if OWNER is performing the additional work with OWNERS employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON - 18 TRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. (Addition; SC -7.5) ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing hinds and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing struc- tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8,5/ 1PM flP/V1✓cW9WtWcLA1fHsb /9ftb,6%9M#i *OHO F(TAN .IiWVYi(V dWNY,iWVrH*4i d6ot,(cW �AdgE�ab/6dbANda��'6�6A! (SC -8,5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and 13. I. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will he directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design profes- sional. ENGINEER a ill keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: (Addition; see SC -9.3) 9.3. If OWNER and ENGINEER agree. ENGINEER still litrnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants "ill be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties. responsibilities and limitations of authority of such other person will he as provided in the Supplementary Conditions. 19 U I Li I I 1 I I I I Li Li I I I I Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article II or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10. 1 I and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise). ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CON- TRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles II and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub- contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered", "as directed". "as required". "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable". "suitable". "acceptable". "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction, review orjudement of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be 20 I I I LI I 1 I I I L. I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences orpro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOWs failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor asrprovided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance of dejerth e Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or are agreed to by the parties: 10.4.2. chances in the Contract Price or Contract Time which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II —CHANGE OF CONTRACT PRICE I1.I. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusive). ' 21 I I I I I I I I I I C I Li b II I I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). Cost of the Work: • 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Satur- day, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWN ER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, sur- veyors, attorneys and accountants) employed for services specifically related to the Work. - 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transporta- tion. travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost, including transportation and main- tenance, of all materials, supplies, equipment, machin- ery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machin- ery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If, however, any such loss or damage I 22 E [ii II I I I I I I I Li I I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- tants, purchasing and contracting agents, expeditors, timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11.4.4. all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work. disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. •The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's Fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's Fee shall be five percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease; and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON. TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the I Y#] [1 I I I I I H I I I I I I I I allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspond- ingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. 3. Where the quantity of any item of Unit Ptic Work p rmed by CONTRACTOR differs mat ly and significa from the estimated quantity ch item indicated in the ement and there is corresponding adjustment with respe to any o item of Work and if CONTRACTOR believ at CONTRACTOR has incurred additional nse result thereof. CON- TRACTOR ma ake a claim fora ncrease in the Con- tract Pric accordance with Article I the parties are un to agree as to the amount of any suc crease. (Replacement; SC -11.9.3) ARTICLE 12 —CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence sunless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result ofthe occurrence of said event. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with para- graph 9.11 ifOWNER W N ER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be limited to. acts or neglect by OWNER or others performing additional work as contemplated by Article 7. or to fires. floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects. attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13 —WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER. testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR %hall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work for part thereof) to specifically be inspected, tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all costs m connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also 1 24 I I I I I I I I U J Li I I I I U 1 be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN - ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5. MA14fci�d y(rirfs/61a4tyt LYd 6 ) f E1gLfo6E,4ay/fla�W5/dr/d f'a(t6 fi�rf� �,/, 1 ) ay('r//i 1(fltKbd § d1� fish Asofcaf4% 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct. indirect and consequential costs of such uncovering, expo- sure. observation, inspection and testing and of satisfactory reconstruction. (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the parties are unable to agree as to the amount thereof, may make a claim thereforas provided in Article II. If, however, such Work is not found to be defective. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure. observation. inspection. testing and reconstruction: and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. Owner May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defective Work cor- rected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Rork: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment. also ENGIN EER) prefers to accept it. OWN ER may do so. CON- TRACTOR shall bear all direct, indirect and consequential 25 L1 I I I I I I I I Li I Lii I Li I I I I costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's represen- tatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals. all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of t he Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14 —PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month), CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation, the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a I 26 [J I I I I I I I I I I I I F I I I Il I representation by ENGINEER to OWNER, based on ENGI- NEER's on -site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated; that, to the best of ENGI- NEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifi- cations stated in the recommendation); and that CONTRAC- TOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to (uch extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objec- tions, ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted orcorrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished pan of the Work. which has specifically been identified in the Contract Docu- 1 27 I I I I I I I I C L I I I I I I ments, or which OWNER, ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the follow- ing: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTORagrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within 4 reasonable time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insur- ance, warranties and guarantees for that part of the Work which will become binding upon OIVNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. FinalInspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules. guaran- tees, Bonds, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other docu- ments —all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full; an affidavit of CON- TRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be respon- sible, have been paid or otherwise satisfied; and consent of the surety, if any. to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation —all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGI- NEER will, within ten days after receipt of the final Appli- cation for Payment. indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER v%ill give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. I 28 LI I I I I I I I I I I I I Li r Otherwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OIVNER against CONTRACTOR, except claims arising from unsettled Liens. from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however. it will not consti- tute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Con- tract Documents: and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER otherthan those previously made in writ- ing and still unsettled. ARTICLE 1S —SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner Alay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due: 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents 1 29 I I I I I I I I I I I Li I I I I (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and con- sequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due. then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. [The remainder of this page was left blank intentionally.] I 30 I I I I I I I I I I I I [1 El I HI ARTICLE 16 -ARBITRATION 16.1. All 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 14.16) will be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Arbi- tration Association then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accor- dance herewith as provided in this Article 16 will be specifi- cally enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of(a) the date on which ENGINEER has rendered a decision or (b) the tenth 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 arbitration of any such claim, dispute or other matter will be made later 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 thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitra- tion of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered writ- ten 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 after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limi- tations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's agents, employees or consul- tants) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, 16.4.2. such other person or entity is substantially involved in a question of law or fact which is 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 CONTRAC- TOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph: but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having juris- diction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and II of the Federal Arbitration Act (9 U.S.C. 4310,11). [The remainder of this page was left blank intentionally.) I 31 I I I Li I b I I I LI I I I I ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Docu- ments requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid. to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computa- tion. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30. 13.1. 13.12. 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion, right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. I 33 I Ij L Li TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS SC -1 Definitions and Abbreviations .......................... SC -1 ' SC -2 Preliminary Matters ........................ . . . . . SC -3 SC -5 Bonds and Insurance ............................... SC -3 SC -6 Contractor's Responsibilities .......................... SC -6 SC -7 Other Work ..move . a ........ SC -6 SC -8 Owner's Responsibilities ............................. SC -7 SC -9 Engineer's Status During Construction ................... SC -7 SC -11 Change of Contract Price ............ SC -10 SC -13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work . . . . . . . . . •a . . . . SC -11 Li I lI U I I I. Li I 1 SC-i 1 I Supplementary Conditions Li El LI I II The words "Mayor" and "City Clerk' shall mean, respectively, the Mayor and City Clerk Iof the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the City Attorney of the City of Fayetteville, Arkansas. The word "ENGINEER' shall mean the engineering firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers, or their duly authorized agent, who have been employed by the City of Fayetteville, Arkansas for this Work. SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC -1 DEFINITIONS AND ABBREVIATIONS In addition to the provisions of Article 1, the following respective supplemental definitions apply: The word "OWNER" shall mean the City of Fayetteville, Arkansas, acting through Its duty authorized representatives. The words "Board of Directors" shall mean the Board of Directors of Fayetteville, Arkansas, the duly elected or appointed governing body of the City of Fayetteville, Arkansas. The words "Resident Project Representative' shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. The word "surety" or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word "Advertisement' shall mean all the legal publications pertaining to the Work of this Contract. IThe word "Plans" shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the Work as authorized under the section "Modifications and Alterations,' or for showing details which are not shown thereon. The term 'grade' used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated In the "Advertisement 1 SC -1 I for Bids.' Whenever the following abbreviations are used, they shall have the meanings given below: I I AASHTO - American Society of State Highway Officials ACI - American Concrete Institute AGA - American Gas Association AHTD - Arkansas State Highway & Transportation Department ASHTD - Arkansas State Highway & Transportation Department AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL - Underwriters' Laboratories I A - ampere elm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH - total dynamic head ' V - volt I SC -2 I II I I [TI I $C-2 PRELIMINARY MATTERS Add the following language at the end of paragraph 2.2 of the General Conditions: 2.2 Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. ' Furnishing of Insurance Data. Amend the first sentence of paragraph 2.7 of the General Conditions by striking out the following words: and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by ' CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7." I I I I I I I I I IT SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: SC -5.1 .1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who Is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent will not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. Contractor's Liability Insurance Add the following paragraphs immediately after the respective paragraphs contained in SC -5.3 of the General Conditions: SC -5.3 The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: SC -5.3.1 and SC -5.3.2 Workers' Compensation etc. under paragraphs 5.3.1 and 5.3.2 of the General Conditions: 1) State: Statutory 2) Applicable Federal (e.g. Longshoreman's): Statutory 3) Employer's Liability: $ 100,000 Each Occurrence L SC -3 Supplementary Conditions I CONTRACTOR agrees to waive all rights of subrogation against McGoodwin, Williams and Yates, Inc., Consulting Engineers, and the OWNER for Work performed under Contract SC -5.3.3. SC -5.3.4. SC -5.3.5 and SC -5.3.6 Comprehensive General Liability (under I paragraphs 5.3.3 through 5.3.6 of the General Conditions): $1,000,000 Combined Single Limit ' Policies will include premises/operations, products, completed operations, independent contractors, Explosion, Collapse, Underground Hazard, Broad Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. L SC -5.3.7 Comprehensive Automobile Liability Bodily Injury: I $ 500,000 Each Person $1,000,000 Each Occurrence Property Damage: I $ 200,000 Each Occurrence or a combined single limit of $1,000,000. SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions In its entirety and insert the following in its place: OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnity and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees In the execution of the Work or in the guarding of it The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance, Delete paragraph 5.6 of the General Conditions in its ' entirety and insert the following in its place: 5_6 ProDerty Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the lull insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and i SC -4 I I Li I [1 I I I I Other Insurance. The CONTRACTOR is to protect the OWNER ' against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the ' CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. Regulations) but not less than an amount equal to the Total Bid Price. This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall Insure against the perils of fire and extended coverage, shall include "all- riskinsurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall Include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the 'all-risk" Insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.6 and will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: •' SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: ' H Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. Li I 11 I All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. "Will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives" wording will be deleted from certificates. C-5.1 Delete paragraph 5.10 of the General Conditions in its entirety. I SC -5 Supplementary Conditions .12 Receipt and Application of Proceeds. Delete paragraph 5.12 of the General I Conditions in its entirety. SC -5.13 Delete paragraph 5.13 of the General Conditions In its entirety. ' SC -5.14 Acceptance of Insurance. Delete paragraph 5.14 of the General Conditions In its entirety. $C-6 CONTRACTOR'S RESPONSIBILITIES SC -6.23 Shop Drawings and Samples. Add the following language at the end of the 1 first sentence of paragraph 8.23 of the General Conditions: "The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details.' SC -7 OTHER WORK Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not Institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by SC -6 Supplementary Conditions ' any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. OWNER'S RESPONSIBILITIES Delete paragraph 8.5 of the General Conditions in its entirety. SC 9 ENGINEER'S STATUS DURING CONSTRUCTION SC -9.3 Add the following language at the end of paragraph 9.3 of the General Conditions: ' SC -9.3 Duties. Responsibilities and Limitations of Authority of ' eneral ' The Resident Project Representative (RPR), who is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions. The Resident ' Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full ' knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. ' Duties and Responsibilities of RPR 1) Schedules. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. ' 2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3) Liaison. ' a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operations. b) Assist in obtaining from OWNER additional details or information, when ' required for proper execution of the Work. 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. SC -7 Supplementary Conditions I b) Receive samples which are furnished at the site by CONTRACTOR, and i notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5) Review of Work. Refection of Defective Work. Inspections and Tests. a) Conduct on -site observations of the Work in progress to assist ENGINEER In determining If the Work is In general proceeding In accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any Inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and maintenance training are conducted In the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d) Accompany visiting Inspectors representing public or other agencies having jurisdiction over the Project, record the results of these Inspections and report to ENGINEER. 6) Interpretation of Contract Documents. Report to ENGINEER when clarifications and Interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. ■ 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for ■ modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as Issued by ENGINEER. 8) Records. a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies SC -8 I I Supplementary Conditions I I J I I U I I to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9) Reps. a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawings and sample submittals. b) Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10) Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11) Certificates Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR ' are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 1 I I I I I 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b) Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. Limitations of Authority (except upon written instruction of the ENGINEER). Resident Project Representative: shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. I SC -9 Supplementary Conditions i shall not exceed limitations of ENGINEER'S authority as set forth in ' the Agreement or the Contract Documents. • shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. • shall not advise on, Issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. I • shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. I • shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. ' • shall not authorize OWNER to occupy the Project in whole or in part. • shall not participate in specialized field or laboratory tests or I Inspections conducted by others except as specifically authorized by ENGINEER. ' SC -11 CHANGE OF CONTRACT PRICE SC -11. .3 Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby 1 deleted In its entirety and the following is substituted in its place: The unit price of an item of Unit Price Work shall be subject to reevaluation 1 and adjustment under the following conditions: 11.9.3.1 i1 the total cost of a particular item of Unit Price Work amounts ' to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated In the Agreement; and 11.9.3.2 if there is no corresponding adjustment with respect to any i other item of Work; and 11.9.3.3 it CONTRACTOR believes that it has incurred additional ' expense as a result thereof; and 11.9.3.4 if OWNER believes that the quantity variation entities it to an 1 adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. I SC -10 ' I Supplementary Conditions I SC -13.5 Tests and Inspections. Paragraph 13.5 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: L I I I All Inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. I H U I I I I I I I SC -11 Section 100 Project Requirements TECHNICAL SPECIFICATIONS WALTON ARTS CENTER PARKING LOT PHASE 1 - DEMOLITION ' Fayetteville, Arkansas ' Plans No. Fy-212 September 1991 ' PROJECT REQUIREMENTS A. SCOPE OF WORK The work to be done under this contract is as shown on the Plans and as provided for In these Specifications. The work shall include the furnishing of all materials, equipment, tools, supplies, and Incidentals, and performing all labor in the execution of work generally described as follows: Work to include demolition and removal of building structures, foundations, walls (rock and concrete), culverts, curb and gutters, sidewalks, pavement ' (surface and base), fences, trees and other vegetation for the three sites designated as The West Avenue Site," "The 400 Block of Dickson Street Site" and "The School Avenue Site," and all work required for complete ' demolition. B. LANDS AND RIGHTS -OF -WAY ' The work to be performed under this contract shall be on lands owned by the City of Fayetteville and on easements or lands obtained by the City of Fayetteville. ' All access to the rights -of -way across private property, other than along the route shown on the Plans, shall be exercised by the Contractor only after having obtained permission from each landowner for that particular access. All fees or deposits required by the City of Fayetteville and Washington County shall be furnished by the Contractor. C. CONTRACTOR TO FURNISH EQUIPMENT. MATERIALS AND MANPOWER ' The Contractor shall furnish, without charge, competent men from his force and such tools, stakes and other materials as the Engineer may require for the proper staking out ' of the work and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. ' 100-1 Section 100 Project Requirements D. SUNDAY. HOLIDAY AND NIGHT WORK Due to the time frame involved, Sunday, holiday and night work will be allowed. ' E. SECURITY The Contractor shall be responsible for protection of the site, and all work, materials, ' equipment and existing facilities thereon against vandals and other unauthorized persons. No claim shall be made against the Owner by reason of any act of an employee or I trespasser, and the Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also Include such additional security fencing, barricades, lighting, watchman services, and other measures as required to protect the site. F. ACCESS ROADS I The Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the project. Scheduling, materials and construction procedures are specified in other sections of the documents. Such roads shall be available for the use of all other performing work or furnishing services in connection with the project. G. PARKING The Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need for parking personal vehicles where they may interfere with Owner's operations or construction activities. H. DUST CONTROL i The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered when practicable to prevent blowing. I. TEMPORARY DRAINAGE PROVISIONS The Contractor shall provide for the drainage of stormwater and such water as may be ' applicable or discharged on the site In performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall 100-2 I Project Requirements I I 'J I I be constructed as necessary to divert increased runoff from entering adjacent property (except In natural channels) to protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. J. EROSION CONTROL The Contractor shall prevent erosion of soil on the site and adjacent property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. K. POLLUTION CONTROL The Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. ' L. TREE AND PLANT PROTECTION All trees and other vegetation (including grasses) shall be removed from the site within ' the areas designated on the Plans. Some trees are to remain, and prior to starting the work the Contractor shall meet with the City of Fayetteville's horticulturist on -site to mark the trees to remain. ' Following the identification and marking of the trees to remain, the Contractor shall erect physical barriers around all trees or groups of trees to be saved. Barriers should be placed at the edge of the tree dripline (canopy) or ten (10) feet from the trunk, whichever is greater. This is the critical root zone. Barriers shall be erected at least four (4) feet high from ground level to ensure identification by equipment operators. Barriers can be made with plastic mesh fence, hogwire, or other approved fencing material marked with flagging. The grade level of the soil cannot be altered within the critical root area, nor may any building materials, gravel, topsoil, etc. be stored, nor may parking of vehicles occur within the critical root zone. Also, no mixing or dumping of construction chemicals shall occur within the critical root zone. M. MONTHLY ESTIMATES AND PAYMENTS There will be no monthly estimates on this project. ' 100-3 Section 100 Project Requirements N. PAYMENT Payment shall be made in accordance with the bid as set out in the Methods of Measurement and Payment. O. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used In these Specifications are described in the Supplementary Conditions, Article SC -1. P. LOCATION OF DISPOSAL SITE It shall be the Contractor's responsibility to dispose of all demolition materials from the I sites in accordance with local, state and federal guidelines. The Contractor may dispose of the materials at a site where he has approval or he may contact the City of Fayetteville for locations that the City may have need for such materials. However, it should be noted that any sites within the City of Fayetteville's jurisdiction will require a grading permit application, and that there may not be sufficient time to make application and obtain approval. Q. STOCKPILE OF MATERIALS The Contractor is to carefully remove a 50 toot long by 8 toot high section of field stone retaining wall. The material shall be hand -loaded, transported and unloaded to the area shown on the Plans. R. UTILITIES TO REMAIN All utilities not shown on the Plans or noted to be removed shall remain in place and protected from damage during demolition procedures. S. UTILITIES TO BE REMOVED OR ABANDONED All services to existing, abandoned or previously removed structures shall be cut and 1 terminated at the street right-of-way. The utility shall be capped and protected in a permanent fashion to protect the service and main to which it connects. The service lines between the right-of-way and the structure shall be capped and abandoned unless directed by the Engineer to be removed. All termination points shall comply with all regulations and policies enacted by the respective utility company. T. SCHEDULE The Phase 1 contract will have two completion dates. The first date is October 19, 1991 for completion of the West Avenue site only. The second completion date is November 4, 1991 for the remaining two sites. The only exception to total availability of the sites Is a house located at the northeast corner of the 400 Block of the Dickson Street site, which will not be available until October 1, 1991, at which time the Contractor may remove any remaining debris and supports, etc. from the site. 100-4 I Section 100 Project Requirements ' U. USE OF EXPLOSIVES ' The use of explosives is not allowed on this project. 1 1 1 1 1 1 1 ' 100-5 ' Section 1200 Methods of Payment TECHNICAL SPECIFICATIONS ' METHODS OF MEASUREMENT AND PAYMENT A. GENERAL Methods of measurement and payment as set out in the Specifications covering the various items of construction are hereby clarified and superseded as set out herein. ' Wherever they are not clarified or superseded herein, methods of payment as provided In the applicable section of the Specifications shall govern. Payment for all work under this contract shall be made at the lump sum price bid in the Bid. I L I I I I 11 I Ii Ci I I ' 1200-1