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HomeMy WebLinkAbout19-92 RESOLUTIONNIL • • RESOLUTION NO. 19-92 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO MCCLINTON-ANCHOR IN THE AMOUNT OF $338,000 FOR THE DICKSON STREET AND SCHOOL AVENUE PARKING LOT FOR THE ARTS CENTER. 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 construction contract to McClinton -Anchorin the amount of $338,000 for the Dickson Street and School Avenue. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th day of February , 1992. APPROVED: . Mayor 6 ATTEST: By QNTRA¢T State of Arkansas County of Washington THIS AGREEMENT, made and entered into this 4th day of February 19 92 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, Irc., McClinton -Anchor D'visicn of the City of Fayettevire, Arkansas Part, hereinafter called the Contractor. WITNESSETH THAT: , Party of the Second WHEREAS, the Owner has called for bids for Walton Arts Center Parking Lot, Phase 3: Construction - Dickson Street Site and School Avenue Site, 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 Phase 3 Construction; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course ga Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, lighting and electrical work, and all items as set out in the Bid, these Specifications and Plans No. Fy-212 dated January 1992, including all work required for a complete and acceptable 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 Three -lundred Th=rcy-Fight Tnousanc and ro/100 dollars ($ 338.3C0.30 ), 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 6-1 • • 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. The Contractor agrees to commence work under this contract within ten days of the Issuance of the Notice to Proceed and complete all work necessary to place the Phase 3 Construction - Dickson Street Site and School Avenue Site in operation within seventy- five (75) calendar days from the date of the issuance of the Notice to Proceed. 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. Retainage shall be withheld from the partial payments as provided by Arkansas state laws 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 ten (10) 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 farce and In a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner as liquidated damages, the sum of five hundred dollars ($500.00) 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 6-2 1 • • 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. In the event the Contractor abandons the work hereunder or falls, 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, 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. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. Witnesses' ADAC-Arkansas, Inc. McClinton -Anchor Division Firm Name By *If corporation, secretary should attest. Attest: atm es stl• James A. Cole, Vice-Dresident CITY OF FAYETTEVILLE, ARKANSAS �/ n. c2 •�.LG,-,ve..Fred Vorsanger, Mayor Sherry L. Tfiomas, City Clerk 6-3 -o McGOODWIN, U6ILLIA'MS AND YATES, INC. Consulting Engineers 909 Rollirg Hills Drve FAYETTEV:LLE, ARKANSAS 72703 (501) 443-3404 City of Fayetteville 113 W. Mourtair. Fayetteville, Arkansas O�•� JOB . February 13, 1992. Fy-212 Phase 3 Ms. Sherry L. Thomas, City Clerk RE Walton Arts Center Parking Lot Phase 3 Construction 72701 Dickson Street & School Ave. Sites Fayetteville, Arkansas WE ARE SENDING YOU XAttached Under separale cover v a Shop crawings Prints Plans Copy o` letter Change order X 1 Jan 1992 the following Mems: Samples Specifications Contract Documents LF5t,. r -O\ City's copy of the fully -executed Specifications and Contract Documents. THESE ARE TRANSM TTED as checked below REMARKS COPY TO For approve: X Far your use/f Ile As regLested For review and commort FOR BIDS DUE ,.- Approved as submitted App•cved as noted Returnec for correcliors Resubmit Submit Return cop es 'or approval copies for distr button co•rected prints 19 PRINTS RETURNED Ar—ER LOAN '0 US SIGNED: QS� L1t-[:.. •Lt .,..C.,,t.!?5e.,(les R. Nickle, P. E. r • s. I4. I 1 I LI • .4, 4.4--;..• • .Nr -..r. ti 1'a SPECIFICATIONS Alla CONTRACT IMMINENT' WALTON ARTS- CENTER !ARIWIG.LOT -1 • • PHASE 3 - CONSTRUCTION DICKS O N STRUT SITE SCHOOL AVENUE SITE • • •• FAYETTEVILLE; ARKANSAS PLANS WSW JANUARY** • ▪ 1 .n i� • 1 ` se.. .� CONOULIMI patTINVEUL 11110111,1lanai" alp Eivi • • r i. _ 1 1 1 1 1 1 ADDENDUM NO.2 WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SiTE Fayetteville, Arkansas Plans No. Fy-212D January, 1992 I The Specifications and Contract Documents and the Plans for the above protect are hereby changed or clarified in the following particulars: I SPECIFICATIONS Section 1200 - METHODS OF MEASUREMENT AND PAYMENT ' Add the following paragraph to the last paragraph under Sid Item 1 - Lumo Sum: 1 1 1 'The Contractor's lump sum bid shall include the cost for up to 100 cubic yards of undercutting operations for both sites Any authorized underartting in excess of the 100 cubic yards shall be paid for by the Owner at a rate of $6.50 per truck (loose) yard. Undercut operations include, but are not limited to, the following: The excavation, loading, hauling and disposal of unsuitable material to the Contractor's disposal site; the loading, hauling, dumping, spreading and compacting of suitable material from the Grigg property in the previously excavated area.' 1 PLANS I Sheet 2 - GRADING & DRAINAGE PLAN - DICKSON ST. Three existing and one proposed contour have been modified and are attached ' hereto as Exhibit "C". The area modified was In the northwest corner of Jose's parking lot. ATTACHMENT 1 January 28, 1992 I McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive I Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 1 t 1 1 1 1 1 1 1 1 1 1 1 1 CONSTRUCT 4' CURB CUT h1 / • • • • • • • • 1 • • REMOVE, REQRADE AND REPLACE PAVEMENT SECTION IN KIND. SAW CUT ALL PAVEMENT. 10'-0' LANDSCAPE AND CONSTRUCTION EASEMENT N 30' 58' 50- 12.37' -- sr f — s —.0 t' •__ 10'-O'LANOSCAPE AND CONSTRUCTION EASEMENT 1 1 I t i... ` . • • ;JVDERGROUND •1 1 ::: CULVERT • • ADDENDU JOSE'S RESTAURANT FINISH FLOOR 44.83' U NO.2 WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-DICKSON ST. & SCHOOL AVE. SITES EXHIBIT 'C' 43 1992 McGOODWIN, WILLIAMS AND YATES, INC,°Ra'"N BY ANS N0. CONSULTING ENGINEERS—FAYETTETILLE, ARK, I S.A.K. I PI FY -212D ADDENDUM NO. 1 WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE Fayetteville, Arkansas Plans No. Fy-212D January, 1992 The Plans for the above project are hereby changed or clarified in the following particulars: FLANS Sheet 2 - GRADING & DRAINAGE PLAN - DICKSON ST. On the drainage system, change pipe sizes shown between structures 1112413, *948, and 11647 from 12* to 15" as Indicated In the pipe schedule. Sheet 3 - SITE & LAYOUT PLAN - DICKSON ST. At the entrance to West Avenue on the left side of the sheet change the sidewalk width of "5 ft." on the north side of the entrance to "13 ft.±" and add 34 S.Y. to the sidewalk quantity. Also on the south side of the same entrance delete the 22.48 feet of 5 foot sidewalk thus reducing the sidewalk quantity by 12.5 S.Y. Provide handicap ramps on both sides of the entrance. Sheet 4A - GRADING AND DRAINAGE PLAN - SCHOOL ST. The drainage system shown at the southwest comer of the site shall be revised as per "EXHIBIT A" and "EXHIBIT B" attached hereto. Sheet 5 - ELECTRICAL & LIGHTING PLAN - DICKSON ST. On the lower right hand corner of the page, add the following to the notes: "5) All electrical conduit in paved areas shall be bedded and backfilled with sand or A.B.C., CL.7 Base material compacted to 95% M.P.D. 1 1 Sheet 6 - ELECTRICAL AND LIGHTING PLAN - SCHOOL ST LANDSCAPING AND IRRIGATION PLAN - SCHOOL ST. 1 At the bottom of the sheet in the Plant List, the quantity for HE should be changed from "20' to '200.' Also in the Plant List delete the word "spreads' in the I Botanical name "Taxus cuspidate 'Jeffries Pyramidal' spreads" and under the planting size replace the 4'-8" dimension with '48 inches'. Also in the plant list under the Native Wildflower Mix heading, replace the "1 lb./2000 sq. ft.' with 1 "1/2 Ib/2000 sq. ft." Add 50 S.Y. of Dwarf Tifway solid sod to the quantity shown. This sod will be Iplaced between the parking area and alley to the east. Under the Landscaping Notes: add the following: ' "10. Edging will be placed between all grass and planting areas. Metal I edging shall be "Keeling KC176 "or equal." On the lower right hand corner of the page, add the following to the notes: "5) All I electrical conduit in the paved areas shall be bedded and backfilled with sand or A.B.C., CL. 7 Base material compacted to 95% MP D. 1 Sheet 9 - ELECTRICAL AND MISCELLANEOUS DETAILS IAdd the following note: "All sidewalks shall be 4" non -reinforced concrete for the width shown on the plans. Saw cut joints (control joints) shall be made at distances equal to the width (I.e., 4' wide sidewalk shall have contraction joints at 1 4' or center). 1 On the Detail - PiDe Bedding And Existing Pavement Repair at the bottom -center of the sheet, Indicates concrete (by symbol) 18" either side of the trench, but does not call It out. Add "concrete" to this detail and arrow to the symbol. 1 Add the note "All lighting fixtures shall be 240 volt." 1 Sheet 10 - CONCRETE STRUCTURES AND DETAILS I On Section 1/10, Section ti Brick Walkway delete the note "3/8" to 1/2" mortar setting bed" and add the note "3/8" to 1/2" sand or mortar setting bed.' 1 On the Typical Section - Retaining Wall detail add the following note: "There is no handrail required on Retaining Wall W.' 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 At the bottom center of the sheet add 'Type A' to the Plan Typical Single Curb Inlet delete the note Provide standard manhole ring and lid on structure No. 19 only.' In the middle of the sheet a blocked note appears and reads as follows: 'NOTE: Contractor may use stockpiled native stone on site for retaining walls 'C' and 'D'. If additional stone is required Contractor to supply like stone in color and quality.' Delete this note and add the following notes: 'Note 1. The Contractor shall mg use any of the existing native stone stockpiled on the site or in the existing wall, but is to remove all existing stone from the site to the contractor's disposal site. The contractor is to provide new native stone for the construction of retaining walls 'C' and 'D'. Representative samples of stone shall be submitted to the Owner for approval prior to construction of the native stone walls. 'Note 2. 1' diameter weep holes shall be placed at 4' O.C. in all stone retaining walls. In the lower left hand comer of the sheet, add to the Plan for Double Surface Inlet Details Inlet Frame and Grate, Neenah # R-3573" and arrow to both diagonal grates. ATTACHMENTS January 28, 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 3 1 1 1 1 1 1 1 1 1 1 1 1 1 t° jCONCRETE \ S 1 „ - \•PR \@9'-54'-40 W 152.0) \` CONSTRUCT TYPE 'A' CURB INLET _ _ TOP -1356.00 FL OUT -1346.60 HOUSE SAW CUT EXISTING PAVEMENT AND REPAIR AS PER DETAIL, SHEET 9 OF THE ORIGINAL PLANS OZARK MOUNTA.N BICYCLE SHOP CONSTRUCT JUNCTION BOX TOP RIM TO MATCH EXISTING PAVEMENT - 11340.9 E IN = 1335.50 EXISTING I[ - 11335.0 1 11 1 - +-----+ - -99------- 1 1EXISTING 1 1 REMOVE EXIST. 18. R.C.P. AFTER JUNCTION BOX IS CONSTRUCTED t- t 4, IiNdosOLE — --SR— SPRING SPRING STREET ADDENDUM NO. 1 SCALE: 1'-20' WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-DICKSON ST. & SCHOOL AVE. SITES EXHIBIT 'A' ©199211cGOODWIN, IfILLL NS AND YATES, AMI ar CONSULTING ENGINEERS—FAYETIEVILLE, ARIL INC]I S.A.K. PLANS NO. FY -212D 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 miNIE b MANHOLE COVER DIMENSION WEIGHT A 8 C D STANDARD 1 32 22 5-3/4 276 25-1/4 IN STREET SURFACES 34 22-1/4 7 .300 125-3/4 WATER RESISTANT 32-1/2 20-1/2 5-1/2 385 124-1/2 B' 0$ B I TOP OF MANHOLE TO BE — LEVEL MOTH 'NAL GRACE UNLESS onERWSE NOTED W DIRECTED BY THE ENGINEER. *WALL MANHOLE STEPS AT 14' INTERVALS - STAGGERED GST -IN -RACE 5.-0' MIL C 129 IRM. ,R% FORM KEYWAY AT ALL COLD JOINTS AROUND 1 I.. stem & CAST IN TIE Cp1CP SMALL BE �CRETEIE MAU- II TNS WATERSTOP SHALL BE USED RECAROLESS CF r I DC POPE MATER AL USED CONCRETE BASE TO SPRINGIJNE MATERIAL OF CONSTRUCTION AS SPEOFIED. -1 b'; I11-1.1=111 EYTDEED COMGEIE TO FIRST BELL ALONG OMR UNE AND LASTS OF iniCAVATICsi DIRECTOONS Ed air 1 i- 11= REST UPON UNDISTURBED SCOL JUNCTION BOX DETAIL NOT To SCALE SNORT STUB W PI+E 140 LONGER THAN 12' OUTSIDE MANHOLE BASE. ADDENDUM NO. 1 • WALTON ARTS CENTER PARKING LOT PHASE 3—CONSTRUCTION—DICKSON ST. & SCHOOL. AVE. SITES EXHIBIT 'B' Q CONSULTING ENGINEERS-FAYETTEVILLE, ARE, 1992111cGOODWIN, WILLIAMS AND YATES, INC, J S.A.K. 1 DRAIN BY J PLANS No. FY -212D SPECIFICATIONS AND CONTRACT DOCUMENTS WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE FAYETTEVILLE, ARKANSAS PLANS NO. Fy-212 JANUARY 1992 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS 0 1992 McGoodwin, Williams and Yates i TABLE OF CONTENTS INJIgn 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 Division 1 General Requirements Protect Requirements 100 ASHTD Standard Specifications Reference 170 Division 2 Sitework Landscaping Irrigation 243 244 Division 9 Special or Miscellaneous Items of Construction Aluminum Handrails 950 i Division 11 Electrical Electrical - General Section Conduit 1100 Electrical Wire 11 Electrical Services 1111 00 1120 Circuit Breaker Lighting Load Centers (240 VAC Maximum) 1138 Lighting Fixtures 1142 Nameplates and Labeling 1150 Miscellaneous Electrical 1195 Division 12 Payment Methods of Measurement and Payment 1200 ii ADVERTISEMENT FOR BIDS Notice is hereby given that, pursuant to an order of the Board of Directors of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00 p.m. on Thursday, January 30, 1992, for furnishing all tools, materials and labor and performing the necessary work for construction of Phase 3 - Construction of Dickson Street Site and School Avenue Site of the Walton Arts Center Parking Lot. At this time the bids received will be publicly opened and read aloud In the Purchasing Office of City Hall. The work generally consists of: BID NO 92-2 WALTON ARTS CENTER PARKING LOT PHASE 3: CONSTRUCTION - DICKSON STREET SITE SCHOOL AVENUE SITE PROJECT NO. ST90-004-TR Plans and specifications are on file and may be examined at the office of the Public Works Department, City of Fayetteville, and in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703 Copies of these documents may be obtained from the office of said engineers upon request and upon the payment of $35.00 for plans and $35 00 for specifications, a total of $70.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall igt be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the Owner, City of Fayetteville, Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Phase 3: Construction - Dickson Street Site and School Avenue Site, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. 1-1 The Board of Directors reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the Board. The Board further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this 15th day of January , 1992. /s/ Peggy Bates Peggy Bates, Purchasing Officer 1-2 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 tens "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) List 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? Datedat this of 19 Name of Organization: Stale of County of day By Title that he (she) is the being du ly swom deposes and says of answers to the foregoing questions and all statements thereinand thneareContractorand d((rue and correct. 2-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Instructions to Bidders Subscribed and sworn before me this day of 1 19 1 Notary Public My commission expires 1 (Seal) I 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. 1 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 1 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) vmit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, I 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. 1 4.2 Reference is made to the Supplementary Conditions for identification of: 1 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 I 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. 1 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 1 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. 1 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 I 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. 1 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 1 furnished to Owner and Engineer by owners of such Underground Facilities or others, 1 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 for 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 for 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 for 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 less 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, 11 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 rt 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 on the outside of the sealed envelope. Subcontractors must be licensed according to the taws of the State of Arkansas 11. BID FORM 11.1 The Bid Form 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 mail 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 DOCUM ENTS 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duty 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 1 Instructions to Bidders 132 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 alternates (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 retum 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 Protect 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 fumish 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 the 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 an 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 the 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 rates 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-skilred labor, 11 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 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 of 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. 2-9 di I C :rton Governor J... Teiwi''gr Drecta STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 1042• WEST MARKHAAM LITTLE ROCK 72205 (501)682.4500 September 4, 1991 Mr. Dana Stahl McGoodwin, Williams & Yates 909 Rolling Hills Drive Fayetteville, AR 72703 RE: 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 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. S22 -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. 522-9-309(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 (501) 682-4533 or through fax at (501) 682-4532. Sincerely, coca— 041-.4Ann Sanders Prevailing Wage Supervisor enclosure 4-1 Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - BUILDING RATE DATE: September 4, 1991 PROJECT: Walton Arts Center Parking Fayetteville, Arkansas 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 DETERMINATION 0: 91-48 COUNTY: Washington EXPIRATION DATE: 3-4-92 SURVEY #: 691-AR22 BASIC HOURLY RATE 12.80 10.75 9.10 12.20 15.19 12.75 9.95 14.65 7.65 11.54 8.50 8.90 14.20 11.45 11.20 15.97 10.10 8.85 8.65 8.90 9.60 12.05 Welders --receive rate perscribed for craft to which welding is incidental. CERTIFIED June 7, 1991 4-2 FRINGE BENEFITS 1.23 2.89 1.15 3.67 . 89 . 45 2.55 4.83 2.30 performing operation 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BO Carton JV ,J1 1,. _ ..J • i_ _ I .�- STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM LITTLE ROCK, ARKANSAS 722CS (501)682.4500 • FAX: (501) 682.4534 Chuck Nichols McGoodwin, Williams & Yates 909 Rolling Hills Drive Fayetteville, AR 72703 Dear Mr. Nichols: In response to our telephone conservation this morning, enclosed is an addendum to Prevailing Wage Determination 91-48 for the above -referenced project. Should you have any questions, please feel free to contact me at (501) 682-4533. December 30, 1991 RE: Walton Arts Center Parking Lot Fayetteville, Arkansas Washington County enclosures 4-3 Sincerely, 614. c5(1-1- Ann Sanders Prevailing Wage Supervisor 1 L TenMpiger D'ector ' Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: December 30, 1991 PROJECT: Walton Art Center Parking DETERMINATION hi 91'48 Fayetteville, Arkansas COUNTY: Washington EXPIRATION DATE: 3-4-92 BASIC CLASSIFICATION HOURLY FRINGE Bricklayers RATE BENEFITS Carpenters 7.20 Concrete Finishers 7'20 Electricians 7.20 Ironworkers: 8.75 ' Structural 6.30 Reinforcing Laborers: 5.45 ' Air Tool Operator 5.15 Asphalt Heater Operator 5.15 Asphalt Raker 5.85 ' Carpenter Helper Chain Saw Operator 5.15 5.15 Checker Grade Concrete Finisher Helper 5.45 1 Concrete Joint Sealer 5.15 5.15 Concrete Saw Operator 5.15 Flagger ' Formsetter' 4.25 5.45 Laborer Pipelayer 4.25 Powderman 5.45 ' Vibratorman 6.40 Painter 5.15 Pile Driver Leadman 6.20 ' Power Equipment Operators: 6.20 Aggregate Spreader Operator 5.80 Asphalt Plant Fireman 485 ' Asphalt Plantdrier Operator . 4'85 Batch Plant Operator 6.90 Bulldozer Operator: Finish 6.90 Bull Float Operator Rough 5.65 5.65 Concrete Curing Machine Operator 5.65 Concrete Mixing Operator: ' Less than 5 sacks 5.15 5 sacks or more 6.20 Backhoe-Rubbertired 1 yard or less 6.10 Cherry Picker Operator 6.10 Concrete Paver Operator 6.70 Concrete Spreader Operator 6.70 Crane, Derrick, Dragline, Shovel, ' Backhoe Operators: 1-1/2 yards or less 6.70 Over 1-1/2 yards 7.20 Crusher Operator 5,65 Distributor Operator 5.65 I4-4 IPage 2 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE IDATES December 30, 1991 DETERMINATION 0s 91-48 PROJECT: Walton Art Center COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATE, 3-4-92 BASIC ' CLASSIFICATION HOURLY FRINGE Drill Operator RATE BENEFITS P (wagon or truck) 5.65 Elevating Grader Operator 6.70 ' Euclid or like Equipment Operator (bottom or end dump) 5.25 Finishing Machine Operator 6.10 Forklift Operator 5.05 Front End Grader Operator 5.05 Front End Operator: Finish 6.70 '• Rough 5.65 Hydro Seeder Operator 5.15 Mechanic 6.90 Mechanic Helper 5,25 ' Motor Patrol Operator: Finish 6.90 Rough 5.65 Mulching Machine Operator 5.15 Oiler and Greaser 5.45 Pile Driver Operator 6,20 Power Broom Operator 5.15 Pug Mill operator 5.15 Roller Operator (self-propelled) 5.25 Scraper Operator; Finish 6.90 Rough 5.65 ' Sod Slicning Maching Operator 4.95 Stabilizer Mixing Maching Operator 5.65 Tractor Operator: Crawler Type 5.15 ' Farm and Wheel 5.15 Wheel Type (with attachment 1 yard or under) 5.55 Trenching Machine Operator 5.55 Stonemasons 7.20 Truck Drivers: Distributor Truck 5.45 Semi -trailer 5.45 Lowboy 5.65 Transmit Mix 5.45 Truck Drivers (Light -less than ' 3000 lbs.) 4.85 Truck Drivers (Heavy -more than 3000 lbs.) 5.15 '• Well Drillers 6.90 Welders -receive rate prescribed for craft performing operation to ' which welding is incidental. ' CERTIFIED JULY 13, 1989 ' 4-5 LI Li] I I [1 II I I L I I H I El I I BID WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE Fayetteville, Arkansas Plans No. Fy-212 Dated January 1992 Board of Directors City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To the Board of Directors: 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 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 ail the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number January 28, 1992 ADDENDUM NO. 1 January 29, 1992 ADDENDUM NO. 2 aria sucn aaaenaa are attacned to the Bid. I 5-1 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, 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. 1 1 5-2 I ' 4. 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 1 5g cr aTcunt bid ($ ]. 5. The Bidder will complete the Work for the following lump sum price: Item Estimated Total No. Quantity Description of Item and Lump Sum Price Bid Amount 1. Lump Sum Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course OR Portland cement concrete ' pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, ' all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, water lines and yard hydrants, lighting, electrical work, and all work required for a complete and acceptable Installation in accordance with the Plans and Specifications Three Hundred Thirty -Eight Thousand and no/]00-------- dollars $ 338,OC0.00 (Dollar Amount Written in Words) (Total in Figures) TOTAL BASE BID $ 338,000.00 DEDUCTIVE ALTERNATE (Bidder MUST furnish price for Deductive Alternate) ' The Owner may elect to accept the Deductive Alternate listed below. If utilized, the Deductive Alternate will be accepted as a lump sum deduction from the Total Base Bid. ' The lowest Bidder shall be determined by the lowest bid utilizing either the Base Bid or the Deductive Alternate if accepted by the City of Fayetteville. 1 5-3 LI IDeductive Alternate No. I Deductive Alternate No. 1 provides for the deletion of the Landscaping and Irrigation system, Including brick pavers, automatic control valves (no. 5 and no. 6), sprinkler heads and service piping in the 10 foot wide landscape easement on the south portion of the Dickson Street site. In place of the Irrigation system, the Contractor agrees to furnish and Install the 1-1/2 Inch diameter irrigation main water line immediately behind the curb and gutter to be constructed along the south property line. The price furnished by the Bidder shall be the amount deducted from the original Base Bid. Total Deduct, Deductive Alternate No. 1 = $ 14,705.00 ' The Bidder shall leave the following recap blank. If applicable, it shall be filled in by the Engineer. ' Total Bid, Accepting Deductive Alternate No. 1 $ NOT ACCEPTED 5. (continued) ' 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 Phase 3: Construction - Dickson Street Site; School Avenue Site will be completed and placed in operation within 75 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. 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. 5-4 1 Submitted this 30th day of Canuary 19_92 Respectfully submitted, APAC-Arkansas, Inc. McC:inton-Anchor Civision (Firm Name) /s/ Ja•'res A. Ode Title Vice-Dresident Post Office Box 1367 Fayetteville, Arkansas 72702 (Business Address & Zip Code) Arkansas Ucense No._ 9=-195 (Seal, if bid is by corporation.) Attest: /s/ Licr.el St. Partin 5-5 iQQNTRAQT ' State of Arkansas ) County of Washington ) ITHIS AGREEMENT, made and entered into this 4th day of February 19 9� 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-Anchcr 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 Walton Arts Center Parking Lot, Phase 3: Construction - Dickson Street Site and School Avenue Site, 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 Phase 3 Construction; • NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, ' removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course Qfi Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, ' connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, lighting and electrical work, and all items as set out in the Bid, these Specifications and Plans ' No. Fy-212 dated January 1992, including all work required for a complete and acceptable 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 1 Three '-luncred Thirty -Eight Thousand and no/100---------------------------- dollars ($338 ,oCO.OO ), 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 1 6-1 1 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. The Contractor agrees to commence work under this contract within ten days of the Issuance of the Notice to Proceed and complete all work necessary to place the Phase 3 Construction - Dickson Street Site and School Avenue Site in operation within seventy- five (75) calendar days from the date of the issuance of the Notice to Proceed. ' 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. Retainage shall be withheld from ' the partial payments as provided by Arkansas state laws 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 ten (10) 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 contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of five hundred dollars ($500.00) 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, lire, 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 1 6-2 is 1 I I 1 I 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. 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 fall, 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. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. APAC-Arkansas, Inc. McClintor.-Anchor Div -lion Firm Name /� CIP A. tl , )' l tt�N 1, JaTes A. Cove, Vice -President Witnesses '• if corporation, secretary should attest. ' CITY OF FAYETTEVILLE, ARKANSAS ' Attest: ' '4ZA4M &o— Fred Vorsanger, Mayor Sherry L. homes, City Clerk 1 I 1 6-3 I I I I I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) APAC-Arkansas, Irc., , McClirton-Anchcr Division called "Principal* and (3) a (2) corporation JNSCRARCF CIVIPANY CF SCRTII AY�:R1(.A hereinafter of nu11.ADET.n'ITA ,State of P1:NNsYLeANTA ,hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas hereinafter called the "Owner," in the penal sum ' of Three Hundred Thirty-Ei,'.t Thousand and no/ICC----- --------- dollars ($_ 338,oQQ.Co ) 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 sucU, tt whereas, yh Principal enterqd into a certain contract with Owner, dated the T— day of -i-k Vi 1 Utc. L 19, a copy of which is hereto attached and made a part hereof for J, ' construction of: Walton Arts Center Parking Lot; Phase 3: Construction - Dickson Street Site and School Avenue Site; 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 force 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 1 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 extpd in six (6) counterparts, each one of which shall be deemed as original, this the -t —` day of -_K 1-) c ke .-i x; 19_J' APAC-Arkansas, Inc. Attest: McClinton -Anchor Div. (Principal) Secretary (Seat) 1 ' Witness .o PrI90SOX 1367 FAYETTEYILLE, AA 72702 Address '• Attest: • ) ary • (Seal) • `- Witness as to Surety I I u I I I A'AC-Arkansas, Inc. McClinton -Anchor Company Post Cifice Box 1367 Fayetteville. Arkansas 72702 Address :XS1'RARCF COMPANY CP NCRTII A?:?:RTCA Surety 1 \ , f Bye -:: '[ 1 j Attorney-i`n-Pact .'udy 1"rabks Butler . 0. Box 511, Little Rock, AR 722C3 Address P. 0. 3cx 5i:. Litt_e Rock, AR 722.03 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) M Contractor Is a partnership, all partners should execute bond. (e) This bond must be tied with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-2 U IJ I PAYMENT BOND • KNOW ALL MEN BY THESE PRESENTS: That we (1) APAC-Arkansas , Inc., • McC1into9-Anchor Division a (2) corporation hereinafter • ' called "Principal" and (3) INSURANCE COMPAN`' 01' NORTH AMERICA Of P11TLAD�L:'111A ,State of PENNSYLVANIA ,hereinaftercalled 1 the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum Three Hurdrec Thirty-E`0ht 'nousand and no/100----------------------- ' dollars in lawful money of the nits 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 such{ that whereas, ' tt,le Principal entered into a certain contract with Owner, dated the day of KU X' I. ' 18 ) a copy of which is hereto attached and made a part hereof for fife construction of: Walton Arts Center Parking Lot; Phase 3: Construction - Dickson Street Site and School Avenue Site; 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 ' 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 band 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 I 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 exe ed in six (6) counterparts, each one of which shall be deemed as original, this the- day of - t L k.wit IL,, 19)2- I v APAC_Arkensas, Inc. APAC-Arkansas, Inc. Attest: MCClinton-Anchor Div. MCCl intor.-Anchcr Eiv=sion Principal �} � ' (principal) Secretary By (sea]) ' Pcst C`fice Box 1357 .. o T- Fayetteville, Arkarsas 72702 Witness to Pr$1?pAX 1367 Address ' FAYETTEVILLE, AR 72702 Address ' Attest: TNS:'RANCF. COMPANY OF NORTH AMERICA 'C % _ Surety ` . iIi:.. - i / 1 (Surety iarothry . ) By (Seal) Attorney- Fact • i r Judy Fr pks Butler ' ^'��N � � P. 0. Box 511. Little Rock, AR 72203 Witness as to Surety Address P. 0. Box 5:1, Little Rock, AR 72203 Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual. as the case may be. (3) Correct name of surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work Is to be performed prior to the start of construction. I 7-4 'POWER OF ATTORNEY Innaice Company Of Noah Am*$ca a CMar.A carnbnv 319259 'Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporat on 01 :he Ccnmonwealti at Pennsylvania, having as principal oaf ce n the City o1 Ph laaelphla, °ennsyvania. pursuant tc the 'onowing Reeoluhor adopted by the Board :,1 Ouattdra of the aala Company on Oaoember 5, 1983, to wit. •Raaca lo. ml p/Wa'• Ar1Wa• 3 •a ••a a 1 r lh• er.w•. w Idaarra Poe. sail a•W.11 IN. N•e,e,oll td a• Calla•.. N bola..w.rt..nw . Oar gone.. edaae•..aa qta ' awe.ea••.•ta••Il.r.a• It) 11,11 lx• •nalW..by a.b.r V -c. Pnad.111. r, Vu h•oq•N, ••r ass ft Van P•aWasl w .n AIW,.yr 4W M encase •d end an beMJ d '•1• C.I.PPW M'i .e0 M DO 3. ims.Ia la. f•CPBI.w'OIRLMr.PI..Ad.S.. .,'fl Nllaaew.S...ol a..a -to bnfl MM..i1Me- -aa p,IMCaa.ru.e.amWy.P• .r1 A•4•brl r.0lperMn a.a.o Maly Iii dOr Ceara iliadxWIMO...l IMIMMWon•en a.ao. VsePr- I. aryVp.'aele•.tc..a,N.alel V'c. araaW.ntraY.Wan: and Ixxkau.1ydW lWca feed" ar n••,aC d l•W C'I.e. end MtSNYl aa1M to Y •shale• a MInt b as e.cwp d Y .a ateaa. a a.A.• 1 tan c••ry.n, Me to gas Ib. set of xW Caaa•nr Sri ' Qn Any .a' ..Y15 ..W.ted s swots ace rob Ib•M itaN M•a M ao ..Wry ••Oe •W r- , a as rant N m..px agAaa M 1M P n4a ea• Mn.NG to br Ira :.rear.,• Sedw.Y on Tl,e.aoMea#]MPt_- .0ae.•Pe,1. PrwW.M. e a e1M P•IWe1. ant AIM yic p •.d as .W M 'M CAPMv aeY be M•..d by t .l. W.y Pw.r M MxI+W flowed Instigator by IAa R••aala•. W p.. epee• -ala Marry oeloa mad M .as d aW CoryMY .fl be angn a by Iae••ra. to oar c.lWc . d .ray rx:x .a•w. ono a.. ee P•r.r d ostac Mussy eve Beal• $IM'd..M •W .bed M 'ad .I,/ •'rd,la P W COapMly N/ on'r e• ant Oflwa d 'a• Cweu, Me *15W awiy•W e'. .Shawto eM t a vNy sage of Ina P. win led By nd the Coppa My MM.. •PI recd! .'tM Cie n'i .n_, bent aIc'Wi. P ew sap a) Tyre goosed ee PMgtpe Gas nor •aya•a .Ar ....a rtVa ry a'• -:.a by Pe.onliooa d e• saws d dl J.I,1 a 'ass .r, ao IaT: Md vv:" 23 ate does herby nominate, conslltule 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 I I I r a of m V O O «N � c cl m 0 m O � c � lb � to e C O a a > m O N IS true and lawful agent and atforneym-fact, to make. execute seal and deliver 'or and on Is and all Bonds and Undertakings, LIMITED In amounts, TWENTY F1 on behalf of A?AC-Arkansas, Inc. and APAC-Mississippi, Inc., Said Bonds and Undertakings to be signed for the Company and attached thereto by any one of the said Donald R. Henderson, Mary Gardner, individually. behal', and as as act and deed any VE MILLION (S25,G00,OCO.) and APAC-Tennessee. the Seal of the C.on,any Judy Franks Butler, and Anc 'he execuboi of Sion wrltrga it. purauarce of these p'esents snall be as binding upon said Company as li.11y and amply as 'I they has bean duly executed and acknow,edgad ray the repulary elected olhcara of the Company at is principal office. IN Wl—NESS WHEREOF, the said R E aveans. Vice•President. has he'eunto subscribed ha name and affixed the corporate Seal of the said INSURANCE COMPANY OF NORTH AMERICA this 19th day of August _ - 19 9Q FEC INSURANCE COMPANY OF NORTH AMERICA , by COMMONWEA.TH OF PENNSYLVANIA COIUNT`r OF PH LADE.PHIA. On bis 19th day of __. _ August AD 1990 _ , be'o•e IPM subscriber, a Notary °ub o of We Commor'wealih of Pennsy,ania in and for the County of Philadelphia duly ecmmlss'oned and quaLlred. came R E Giveans. Vice- P'esrderl of the INSURANCE COMPANY OP NORTH AMERICA to me personally known to be the ndividual arc off car deserted in. and who executed the preceding instrument. and ha acknowledged the execution of the same. and, beep by me duty sworn, deposelh and sattP, that he •s the of ice of the Company a'oreaald, and that the seal a'hxed to me precedmg'nalrumem is the corporate sea of said Company sit the sad coapo'ale seal and his signalore as of leer ware duy affixed a'd sutsonced to :he ea d Inalrinent by tee etihor ly and duatlraapiIflS* forporafwn, and that Resoltion. adorned by Into Board of Directors of said Company. referred to In the preceding 1 u I ;re +p!ire jo) -: ,A which Ins forego -pa In *iireaa 1 7nfRsEOF I h v seal at the City of Phdeoelotus the day and year ea >•'': NCTARIAL SEAL • Q` *� p"aacnLA'..v. I''vace;.'Ia r�r9 C?`aC _ Ale!• tiscrafary c�NSURANCE COMPANY OF NORTH AMERICA. do ne'eby cerllty'het t^e or,,l ral PCW EH OF AT'OPNEY cf � ,$&orrect copy. a in 'ul lorce era e'tac: fars%A%Zq lere•Jrlto subscribed my name as Senpta'l an affixed tie c:rporate seal of the Corpersict It's Sr tip. I-_ _— _ _�_ ..- ._ _... _ ' - r r ..0.4. 'J \\••.j/ Jaynes THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN u3CEPTlOv DATE AFTEP BS-]EBeS Pipe at U.S A. Sec•e:a'. tonne 4, 1993 ' This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification STANDARD • GENERAL CONDITIONS ' OF THE CONSTRUCTION CONTRACT Prepared by 1 Engineers' Joint Contract Documents Committee and : Issued and Published Jointly By P1 VAMERICAM PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A prarnc r division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OP CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE ' This document has been app roved and endorsed by . rte•.. ry A...,..: t The Associated General ;• c" Conlractcrs of America These General Conditions hanc been prepared for use \%[[h the Ossner-Co::tractor Agreement (No. ' I 1910 8 -A -I or 1910-8-A-2, 1983 editions;. Their provision arc i lcirela:cd and a change in one may necessitate a change in the others. Comments concerning:heir usage arc contained in the Corr:men:ary on Agreements for Engineering Services and Contract Documents. No. 1910-9, ;981 edition. For guidance in the preparation of Supplementary Conditions. see Guidc to the P,-cparatien of Supple- memary Conditions (No. 1910-i7. 1983 edition! When bidding is insnlvcd, the Standard Form of Instructions :o Bidders (No. 1910.12. 1483 edition) may he used, J No 1910-8 (1991 Edi,on) I I I I I LI 'J El I L I I O1983 National Society of Professiona, Enginec,s 1 2029 K Street, N.W , Wa�hinglon, D.C. :0006 Amencan Cons ilting Lnpineers Council 1015 15th Sireet, N.W.. Washington, D.C. 2(tl815 Amencan Society of Civil Eng neers 34$ East 47th 5(rcet, New York, NY 1001 % ' Constructun Speci,caiinns Insiitu!c 601 Madison Sc., ,Alexandria, V.A :'318 II I I I 1 14 ' TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page I DEFINITIONS ...................... I. 2 PRELIMINARY MATTERS ........................................ 8 3 CONTRACT DOCUMENTS: • INTENT, AMENDING AND REUSE ............................... 9 ' 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. to 5 BONDS AND INSURANCE ........................................ 11 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 7 OTHER WORK .................................... 8 OWNER'S RESPONSIBILIT IF.S.................................... 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 10 CHANGES IN THE WORK ......................................... 21 11 CHANGE OO CONTRACT 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 CO,\IPLETION ............ 26 15 SUSPENSION OF WORK AND TERMINATION 29 I16 ARBITRATION ................................ 17 MISCELLANEOUS ................ .................. .......... 32 1 I 3 U H I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance ............................. 5.1 Access to the Work .................................. 13. Addenda- definition of (see definition of Specifications) ........................................ 1 ' Agreement -definition of ................................ I All Risk Insurance.... .... .... ... .. ................... 5.6 Amendment, Written ............................. 1, 3.1.1 Application for Payment-defini:ion 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 .............................. I ' Before Starting Construction ......4 ............... 2.5-2.7 Bid --definition of ...................... ............... 1 Bonds and Insurance -in general ........................ 5 ' Bands -definition of ..................................... Bonds, Delivery of ............................... 2.1, 5.1 Bonds, Performance and Other ................... 5.1-5.2 ' Cash Allowances ........................ Il.8 Change Order--defin.tion of ................. ........... Change Orders -to be executed .................... . 10.4 Changes in the Work ..... ............................ io Claims, Waiverof-on Final Payment ............... 14 16 Clarifications and 1n:erpreta:ions ...................... 9 4 Cleaning ' Completion ............................................ 14 Completion. Substantial ......................... 14.8-:4.9 Conference. Preconstruction .......................... 2.8 Conflict, Error. Discrepancy -Contractor in Report ..................................... 2.5. 3.3 Construction Machinery, Equrpnenl, etc . ............. h.4 Continuing Work .......................... .......... 6.29 Contract Documents -amending and supplementing .................................. 3-4-3.5 Contract Documents --definition of ......................I Contract Documents -Intent ................ ..... 3.1-3.3 Contract Docurents-Reuse of ........ .............. 3.6 Contract Price. Change of ......... .................... II Contract Rice-definuion ............................... I Contract Time. C:iance of ... .......................... 12 ' Contract Time. Cemmerce-nent of ................... 2 3 Contras: T.mc-definition of ............. ... ... ... .I Contrast.definition o` . ................. ... ... ..I Contractor May S:op Work or Term nate ... ....... :5.5 ' Contractors Cun:iiiu.nc Orhgrnon . ... ............ 14.:5 C.cn:racior's D,:q to Report Disc,cpar.cy in Documents .... ........ .... ............... _.5. 3.2 Contractor's Fee-Co,t PILc .. 11.4 5 6. 1 :.5 1. 116-I 1.77 Contractors Liability :nsLrance . ..................... 5 3 Contractor's Responsib Mies -in general . ............ 6 3 Contractor's Warranty of Title ........................ 14.3 2 Contractors -other ............................... ...... 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor--defnit:on 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 Cos, of Work .............................. A ..... 11.4-11.5 Costs, Suppiemental................................ 11.4.5 Day -definition of ...................................... I Defective-defnidon of ................................. 1 Defective Work. Acceptance of ............... .. 13.13 Defective Work. Correction or Removal of .......... 13.11 Defertive Work-in general ...............13. 14.7, 14.11 Defective Work, Rc ecting ............................. 9.6 Def.ni:ions............................................ Delivery of Bonds ........................loll......... 2.1 Determination for Unit Prices ...... ..........woo 1... 9.10 Disputes, Decisions by Engineer.................911-912 Documents. Copies of ................. ......... Documents. Record .................................. 6.19 Documents, Reuse ................................ ....3.6 Drawings —definition of ........................ I Easements............................................4.1 Effective date of Agreement —definition of ............... I Emergencies ......................................... 6.22 Engineer —definition of .................... .............. Engineer's Decisions ...........................9.10-9.12 Engineer's —Notice Work is Acceptable ............. 14.13 Engineer's Recommendation of Pa) ment ...... 14 4, 14.13 Engineer's Responsibilities. Limitations on ............. ............. ...... 6 6.9.11, 9.13-9.16 Engineer's St:.tus During Construction —in general ...... 9 Equipment. Labor. Maicrta.s and ... .............. 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Erplora:ionc of physic:! conditions ................... 4,2 Fee. Contractor's —Cosh Plus ......... .............. 116 Field Order--defimtion of ........ ... .... ......... ... Field Order— cued by Engineer ........ . .s. 1. 9.5 Final A.rp icauun for Pa)mcnt ... ... .... ...... 14.1= Final In.pcction ............ ............. ........ . 14.11 1' nil Pa n ment and Accepta'icc . ... ................ 14.13 Final R.vrrent. Recommendation of ..... . ... 14.:3-14.14 General Prnusion% ... 4......4 ... ........ 17.3 174 Genial Requirenents—cefinition of .... ... ......... .. General Regmre:nen:,—pr nciral references to .... ...... ... .. 2.6, 44.6.4.6.6-6.7,6.23 I ' Giving Notice ......................... ........... 17.1 Guarantee of Work —by Contractor ......... dodo........ 13.1 Indemnification ............................. 6.30-6.32, 7.5 Inspection, Final ................ 14.1: dodo.. -dodo..... Inspection, Tests and ................................. 13.3 Insurance, Bonds and —in general ........ ' Insurance, Certificates of ........................... 2,7, 5 Insurance --completed operations ...............dodo..... 5.3 Insurance, Contractor's Liability ...............dodo...., 5.3 ' Insurance, Contractual Liability .................. .... 5.4 Insurance, Owner's Liability ............ .. 5.5 dodo.. Insurance, Properly .............................. 5.6-5.13 Insurance —Waiver of Rights .......... dodo 5.11 Intent of Contract Documents ................... 3.3, 9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions ................... 4.2 I I I L_. I I I I I H. Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations definition of ..................... I Laws and Regulations —general ....................... 6.14 Liability Insurance —Contractor's ..................... 5.3 Liability Insurance —Owner's ....................dodo.., 5.5 Liensdefinitionsof ...................... 142... Limitations on Engineer's Responsibilities ..................... 6.6, 9.11. 9.13.9.16 Materials and equipment—Loin:shed by Contractor .... 6.3 Materials and equipment —not incorporated in l'r'crk .............................. Materials or equipment---equiva!en, ...... dodo..... 14.2 6,7 Miscellaneous Prosisinns ... .. .......... ....., .......... Muiti-prime contracts 17 •^ ................. . ... ............ i Notice. Giving of ... ..................... ............ Notice of Acceptabi:ity of Project ................... . 17.1 14.13 Notice of Award—defnition of .......................... Notice to Proceed —definition of I ..........dodo.... ........I Notice to Proceed —giving of .......................... 2.3 „Or-Equal'Items ......... .... 6.7 .................. Other contractors ....................................... 7 Otherwork .............................................. Overtime Work —prohibition of ........................ 7 6 3 Owner —definition of ................................... Owner .flay Correct Defective Work ................ 1 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 ln'urar,ce ........................... 5.5 Owner's Represer.iativ-e—Engineer to serve asdodo.... 9.1 Owner's Rc'pons.bi.itic%—in general ....... .......... 8 Owner's Separate Repre,erta;.%e at done .............. 9.3 P:.rtra. Cidrzaticn ...................dodo. ........... 14.10 Par: t.l (ail.z,t::on—deiininmi of ... ... Partial Uti'vi.i on—Prvpert) InsJrance ... ........... S 15 Pi er.l Fees and Rmulies . ..... 6.12 1';@ nen:,, Recommendation of ..........14.4-14.7, ;.13 Pa%menn to Cantr..ctcr--lido general ................... 14 Payments to Contractor —whey. due ........... 14.4, 1413 Payments to Contractor —withholding 147 ................ Performance and other Bonds ..................... Permits............................................... Physical Conditions 6.13 ................................... Physical Conditions —Engineer's review dodo........... 4.2 4 2.4 Physical Conditions ---existing structures ..... • , • ..... 4.2.2 Physical Conditions--explora:ions 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 Faci!uies .dodo. 43 ........ Preconstructicn Conference ........................... dodo 2.8 Preliminary Matters ......... •......... Premises, use of „ 2 ...................... Price, Change of Contract 6.16-6.:8 .............................. Price -Contract —definition of ....................... 11 1 Progress Payment, Applications for ..............dodo... dodo. 14.2 Progress schedule .............. 2.6,2;9, 6.6. 6.29. 15.2.6 Project —definition of ............ Project Representation —provision for ................. 1 9.3 Protect Representative, Resident--defimnon of I Project, Slanting the ........... ....................... .......... 2.4 Property Insurance ............................... 5.6-5.13 Property Insurance—Par-iai Uldization .........dodo Property Insurance —Receipt and Application ...5.15 of Proceeds .................. ................ 5 12-5.13 Protection, Safety and .......................... 6.20-6.21 1'ur.rh :ist ............................ ............... 14.:1 Recommendation of Payment ................ . :4.4. 14.13 Record Documents ................................... 6.19 Reference Points .......................... 4.4 Reputations. Laws and ................. 6.14 .... Rejecting Defecru•e N,'ork dodo .............. ...... 9.6 ............ Related Work at Site ..................... 71-7 3 dodo. ...... Remedies Not Exclusive ..........dodo....... Removal or Correction of Detective Work ........... .17.4 13 11 Resident Pro:ec: Representative--defnruun of .......... Residen! Project Representative—proviaon for ........ 9.3 Responsibilities, Contractor's —in general ............... 6 Responsibilities, Engineer's —in general .. . ..... 9 Responsibilities, Owner's —in general ........... ....dodo. ... 8 Reiainage .......................dodo dodo.. ................ Reuse ofDoct.merts .. 14.2 .........,.................. Rights of Way ..... ..., 35 ................................... Ro}alties, Parent Fees 21t1 .......................... 4. t 6.12 Safety and Protection .... dodo dodo. . ......... 6.20.6 21 Sarr.p cs ..................... ... ............... 6..3-6.23 Schtdule of pn,press 2.6. 2.#-: 9. 6 6, 6.79. 15.2 6 Schedule of Stop Ursa mg siibmi'srcn, ....... .............. 2.6. '.p-7 9. 6.23.:4.1 S.hcdu cot s:,lues .................... 2.t+, 2,8.2 9. 14.1 Schcdi.les, Fina lung .,. _ dodo. Shop Drawir. sandSan es...dodo. .dodo dodo.. .....2 - 2S g� • P dodo .. ........... 6..36 _t. Slurp Diawrics—def.niaon of .. ...... Shop Draw raps. use :o approve sah.nmtion, ........ ..... 6.7.3 ....................... I Site, Visits to —by Engineer ........................... 9.2 Specifications—def.niuon of ............................. 1 Starting Construction. Before .................. ... 2.5-2.8 Starting the Project ................................... 2.4 Slopping Work —by Contractor ....................... 15.5 Stopping Work —by Owner .......................... 13.10 Subcontractor —definition of ............................. I Subcontractors—rn 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 .................... t Substitute or "Or-Egt.al" Items ....................... 6.7 Subsurface Conditions ...................... . ...... 4.2.4.3 Supplemental costs......................0.......... 11.4.5 Supplementary Conditions definition of ................ 1 Supplementary Conditions —principal references to.. 2.2.4.2, 5.1, 5.3, 5.6.5.8. 6.3.6.13, 6.23, Supplementing Contract Documents ............ 3.4.3.5 Supplier --definition of.... ............ .. .................I references to ... 3.6.6.5,67-6.9. 6.20, Supplier —principal 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. —•n general ....... IS Superintendent—Conlracto:'s .. .. 6.2 Supervision and Superintendence ................ . 6.1-6.2 Taxes —Payment by Co-itractor ...................... 6.15 Termination —by Contractor ............0 ............. 15.5 Termination—hy Owner ......................... 15.2_ 15.4 Termination, Suspension of Work and —in general ...... 15 Tests and Inspections ................. ......... 13.3-13.7 Time. Change of Contract .............................. 12 I I L I I I Time, Computation of ............................... 17.2 Time, Contract —definition of ............. ... .......... Uncovering Work ........... ... ............... !3.8-13.9 Underground Facilities —definition of .... ... ...........I Underground Facilities —no: shenor indicated ..... 4 3.2 Underground Facilitie,—; rotection of ........... 4.3.6.'_0 Underground Facilities —shown or indicated ......... 4.3.! Unit -Price Work—deF.nition of ......... ................ I Unit Price Work —general ................. I 1 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.!3. 6._0, 7.2.7.3 Values. Schedule of ......................... 2.6. 2.9. 14.1 Variations in Work—Authonzcd ............6. 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—hy Contractor ............. 13.1 W'arranty of Title. Contractor's ......14.3 Work, Access to ............................. ....... 13._ Work—hy others ......................... . 7 Work Continuing During Dispi.res .................... 6.29 Work. Cost of ................................... 11.4-11.5 Wotk—ddefinition of .................................... t Work Directive Change—defin.ion of .................. I Work Directive Charge —principal references :o .......... 3.4.3, 10.1-:0.2 WorK. Neglected by Contractor ..................... 13.14 Wcrk. Stopping by Contractor . .. ................... 15.5 Work. Stopping by Owner ............... . ..... 15 1.15.4 W'ri::en Amendment —definition of ............ .........I W rit:en Amendment —principal references to ..................... 3.4.1.:0.1. 11.2, 12.1 Li I I I I I I I I I I I I L L I I GENERAL CONDITIONS ARTICLE I —DEFINITIONS Wherever used in these Genera! Conditions or in the other Contract Documents the following terms have the meanirgs indicated which are app:icable to both the singalarard plural thereof: Addenda —Written or graphic ihstnrments issued pror:o the opening of Bids which clarify, correct or change the bidd;ng documents or the Contract Documents. Agreement —The written agreement between OWNER and CONTRACTOR covering the Work to he 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- porling documentation as is required by the Contract Documents. Bid —The offer or proposa! of the bidder suhmnted on the prescribed form se:ting forth the prices for the Work to be performed. Bonds —Bid, performance and paymer.t bond, and other instruments of security. Change Order —A documert recommended by E• N(i IN EE R which is signed by CONTRACTOR and OWNER and au:ho- rizes an addition., deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Trme, 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 po.; Bid documentation submitted prior to the No::ce of Award) when attached as an exhibit to the Agreement- :he Boncs, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cificaily identified in the Agreement, together w ith 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 :he Ccn:-act Dccumen:s as s:ated in the Agreement fsal,icct to the pro' own, of pa-agraph 11.9.1 in the clue of Unit Price Work). Coarse r Time—I'he number of dos s (ccmpi.led as p•ov ided in paragraph 17 2) or the date slated it the Agreement for the completion of the Work. CONTRACTOR —The person, firm or cor,roratior with whom ON NER has entered mm :hr Agreement. defective —An adjective which when modifying the cord 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 Con::act Documents, or has been damaged prior to ENGINEER's recommendation offina! payment (un!ess responsibility for the protection thereof has been assumed by OWNER at Suhstamial Com, lotion in accordance with paragraph 14.8 or 14.10). Drawings —The drawings which show the characterard 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 of the Agreement —The date indicated in the Agreement on which it becomes effective, bat if no such date is indicated it means the date on which the Agreement is signed and delivered by the !ast 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 no. involve a change in the Contract Price or the Contract Time. General Requirements —Section, of Division I of:he Speci- fications. Lars and Regulations; Laws or Reculapons—Laws, rules, regulations, ordinances, codes ane'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 lime specified, OWNER will sign and deriver the Agreement. Notice to Proceed —A written notice given by OWNER to CON TRACTOR (with a copy to ENGINEER) fixing the date on which the Cor.iract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S eh;rgations under :he Contract Documents. OW.\'ER—The public body or authority, core oration. asso- ciation, frm or person with w horn CONTRACTOR has entered in:o the Agreement and for whom the Work is to he provide•.!. Portia' f.'nh: at1e,n—Placing a portion of the Work in ,ervice for the poi pose for u hich it .s intended fora related pur post! before reaching Substantial Completion rot all the Nark. Project —The local construction of which the Work to be provided under the Contract Documen:s may he the whsle. or a part as indicated clsewnere .n are Cortract Documen:s. Resident Project Representative —The autnonred represen- tative of ENGINEER who is assigned to the site or any pan thereof. 1 I I I [1 I I I I P L . I I I I i I I U Shop Drawings —All drawings. diagrams, illustrations. schedules and other data which are specifical:y prepared by or for CONTRACTOR to illustrate some port•on of the Work and all illustrations, brochures, standard schedules. ,-.erfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment fur some pon:on of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materals, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor —An inciv:dual. firm or corporation. having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of :he Work at :he site. Substantial Completron—The Wo. k fora specified part thereof) has progressed to the point where, in the opinion of P.NGI- NEER as evidenced by ENGINEER's dcfnutve cenifica:e of Substantial Completion, it is sufficiently complete. in accordance with the Contract Documents, so that the Work (or specified part) can be u:rli7ed for the purposes for which it is intended: or if there he no such certificate issued, when final payment is due to accordance with paragraph :4.13. The terms "substantially comp!c:e" and "s:ih,r:ntia.ly con- pleted" as app.ied to any Work refer to Sucstan:.Ll C o'nple- Son thereof. Supplementan Conditions —The part of:he Contract Docu. dents which amends or supplements these General Condi- tions. Supplier —A manufacturer, fah:icator, supplier. distribLtor materia!man or vendor. Underground Facilities —All pipe:ir.es. conduns. due, cah:es. wires. manho!cs. vaults. tanks. tunnels crother such facihues or attachments, and any encasements containing such facil- ities which have been ms:al:cd urderg:ound to turn.sh any of the following services or materials: electricity, gases, stc:.m. liquid petroleum products. telephone or other comrn.tnica- tions. cable television, sewage and drainage iemova . Iraffc or other control sy stems or water ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be perfor:nec as prosided 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 ir 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 Agreemert and normally deal- ing with the nonengineering or nontechnical rather than strict:y 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- menIs to OWNER. CONTRACTOR shall also ccliser to OWNER such Bonds as CON I'RACTOR may he required to furnish nt accordance w i:h paragraph 5.1. Copies of Documents. 2.2. OWNER shall turn 'Ii to CONTRACIOR up to :en copies (unless otherwise specfied m the Supp.emeniar) Con- ditions) of the Contract Documents as are reasmah y nec- essary for the execution of the W erk. Ad.:itional copies will be furnis!:ed. upon request, at :he cost of reproduction. (Addition; SC -2.2) Commencement of Contract Time; Notice to Proceed: 2 3. The Contract Time will commence to Dirt on the thirtieth day after the Effective Date of the Aeteernent. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given a: any time within:hut% days after the Effective Date of the Agree- ment. In r.o event will ',he Contract Time con -me -ice to run later than the severty-fif:'i da% after :tic day of Bi4 openrrg or the thin, eth day after the Effectivc Date of the Agreement. wh•chever date is earlier. Unit Price Warr( —Work to be paid for on the basis of urit prices. Starring the Project: Work —The en:.re camp leted construction or the varicus sep arately :dentifiahle parts thereof iecuired to he furnished under the Contract Documcnts. Work is me -estlt of r cr- fo:mmg services. furnishing labor and furnishing :rod meer- purat.nt matcr:a s and equipment into the cor•strucucii. all as required by tie Contract Documents. Wort. Directive Choose —A written directive to CONTR %C - TOR. issued on cr after the Effective D.;te of the Agreement and sigred by O\% NCR and recommended by ENGINEER. 2.4 COYTRACI'OR shat, stair io perform :he Work on the d ate then the ('ortract Tune eom:ncrces to rLn. nut ro Work sha I he done at :hc sire r no- :o tic date on w h.c'i the C tmract lime commences to run. llefore .Skirting Con structmn: 2.5. Before undcrt ki g each -art of :he %irk. CON- TRACTOR sha.l careful!} study and compare the ('ontract Documents and check and 'ens' nert•nert figures shown C I 1 I I I I P I I I I I I 1 D thereon and all applicah:e field measurements. CONTRAC- TOR shall promptly report in writing to ENGINFER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a wntten interpretation or clarifi- cation from ENGINEER before proceeding with any Wo;k affected thereby; however. CONTRACTOR shat: not be !ia- bit to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in :he Contract Documents. unless CONTRACTOR had actual knowledge :hereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Dale of the Agree- ment (unless otherwise specified in the Genera! Require- ments). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedale indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing st.b- missions; and 2.6.3. a preliminary schedule of va:ues for all of the Work which will inc;ude quan:aics and prices of items aggregating the Contract Price and will sucdn•ide the Work into component parts in sufficient detail to serve as the basis for progress payments daring construction. Such prices will inchude an appropriate amount of uverheaa' and profit applicab,e to each item of Work which wtl, he con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started. CON IRAC- TOR shall deliver to OWNER. wish a copy to ENGINE?ER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR isrequired to purchase ana maintain in accordance with paragraphs 5.3 and 5.4 .34tfl 9sipp ; /liftfr/$1q'q) /1/ *MVeb�ditl"N i/ d °fir frV-'pg55/vWrffltns�PnInR f wfi11i/1�TY7�}t/la/fljayPy1wAPi`hfi/t/9t /i$9$fi//yS 4frlFl6/h)b11IMl/'/ (SC -2.7) Preconsrrnetion Conference: 2.8. With -n twenty days after :he Effective Date of the Agreement, but °efore CONTRACIOR darts the Work a. the site, a conference attended by CONTRACTOR, ENGI NEER and ethers as appropriate will be hek; to discuss the schedules referred to in paragrapo 2.6. 10 d scu,s riocedures for handling Shop Drawings and other submittals :.n: In - processing A eplications for Pay merit. 6 rid to a sta!•hs h i. w of wing urderst:.nding among ac panics as Co the Work. Finalizing Schedules. 2 9. At least ten days before submission ci tie first Ap,Ii- cation for Payment a conference auen.:ed by CON RAC. TOR. ENGINEER and olhets as appropriate wit. he held to finalize the schedules submitted :n accordance ti'i para- graph 2.6. The finalized progress scnedale wil. he acceptab!e to ENGINEER as providing art orderly p:ogresvor: of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER resporsthility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions wi:l be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of valies will be acceptab:e to ENGINEER as to form and substance. ARTICLE. 3 —CONTRACT DOCUMENTS. INTENT. AMENDING, REUSE Intent: 3.1. The Contract Documents conprise the entire agree- ment between OWNER and CONTRACTOR corce:n of tnc Work. The Contract Documents are complenen:ary; what is called for by one is as binding as if cal ed for h all. The Contract Documen:s win be constnied :n secrrdance with the law of the place of the Project. 3.2. 1: is the intent of the Contract Documents to describe a func:iona:ly complete Project (or part thereot) to be con- structed itt acco:darce with the Contract Documents. Any Work, material, or equipment that may reasona`ly he ii'erred from the Contract Documents as being regmred to produce the intended;esuil will be curried w Nether or nut specifcaily called for. When words which nave a wel.-known tec'in:cal or trade meaning are used to describe \%o -k. materials or equipment such words shall 'e in:erpr bled ii accordance viitn that meaning. Reference to standard specifca: on. rn mans or codes ofary technic al socie:), urganizatnm orassociation, or :o :he Laws of Regulations of any go' ernmental authority. whether such reference be specific or by imp icatior.. 'hall mean cite !;rtes: standard specuficaticn, manual, code or Laws or Regulations in effect at the lure or onenmg of Bids or, on the F.ffec:ive Date of the Agreement if there were no Bids), except as ma% he n:tierwise srecdical!) stated. However. no provision of any referenced standard speci5cation. manual or code rw hether or not specifically incorparaled by-efercnce in the Ccn:ract Decumen:s) shall be effective to change the duties and resporsibili:iec of OWNER, CONTRACTOR or ENGINEER, or any of their consonants, agents or enp•oy. ees from those set forth in :he Contract Documents, nor shal. it he effcctise to assign to ENGINEER. or any of ENGI- NEER s consult..nts, agents or employees. anv cut' ur authority to sapercisc or d'rect me rarmshnp or r erfarmance of :tie Work nu arc duty u; au:'urity to undertake res; o-i.r bdns ben:rely to the ;ros is ors of para_:..pn 9 .5 tit 9 Ilit l'lar.licatio-is and inte-p-ctat.ors of the Coriract De:cumcn:s snail hensuedh%LSGINEC•Rasnto%iJet] neari.g•ap'i94. 3.3. If. durini: the performance of the Work, CON I RAC - TOR Iinds a conflict. error or Jiscrepares• in the Contract Documents. CONTRACTOR shull'oreport to EN(,IN[FR in wntme at once and before proceeding with the Work affected thereby shah obtain a written interpretation or clarificanun I Li J I I I I I I I I I I r� J U. I from ENGINEER; however. CONTRACTOR sha.) not he liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual know ledge 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 Orden- (pursuant to paragraph 10.4), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). As indicated in paragraphs 112 and 12.1. Contract Price and Contract Time may orly be changee by a Change Order or a Wntten Amend nen:. 3.5. In addition, the requirements of the Con:Tact Docu- ments may be sue p:cmented. and minor variations and devia- tions in the Wo. k may e authorized, in one or more of the fcllowirg ways: 3.5.1. a Feld Order (pursuant to paragraph 9 5), 3.5.2. ENGINI:IER'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 cor.tiact with OWNER shall have or acquire any ::tie to or ownership rights in any of the Drawings. Spectfcat:or.s or other docu- ments (or cop.cs of any :hereof) prepared by or hearing the seal of ENGINEER: an they shall not reuse any of mein on extensions of the Protect or any over project wahou: written consent of OWNER and ENGINEER and specific written verification or adt.ptalion by ENGINEER. ARTICLE4—AVAILkill LIT? OF I ANUS: PH\SiCAI. CONDITIONS. REFERENCE 1'OIN IS A r ailubihoy of Lands: 4.1. OWNER shall furnish, as narcaied in the C'octract Doct.mcnts, the lands upon which the Work is :o be per- formea, r.ghts-of-way and easements :or access thereto. and such other lands which are designated for :he use of CON- TRACTOR. Easements for permanent structures or perma- nent charges in existing facilities "ii he obtained and paid for by OWNER, unless otnerwise provided in the Contract Documents. If CONTRACTOR be.ieves that any delay in OWNER's furnishing these lands, rights-of-wav or ease- ments entitles CONTRACTOR to an extension of the Can - tract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR snail provide for all additional lands anc. access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.E Explorations and Reperrs: Reference is made to the Supplementary C orditons for iden::tication of those reports of explorations and tests of subsurface conditions at the site that have been utJizeG by ENGINEER in prep- aratien of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports. but no: upon non:echmca data, interpreta- tions or ep:nions contained :ere:n or for the comp a:eness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately p.eced.g sentence and in para- graph 4.2.6. CONTRACTOR sha;I have frill responsibility with respect to subsurface cond.tions at the site. (Addition; SC -4.2.1) 4.2.2. Existing Streernrres- Reference is made to the Supplementary Cordit:or.s for identncca:•on of :hose drawings of physical cordr:.ons in or rela:ing to existing surface and subsurlLce structures (except Underground Facilities referred :o in paragraph : 3) which arc a: or contiguous to the site that base keen u:ihzed by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy cf Ili: technical data contained in such drawings. bu: not for:he complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. CONTRAC 1'OR steal have full respon- sibility with respect to phys:eal conditons in or reiaung to such strictures. 4.2.3. Report of Dirmrrie:g Conditions: If CONTRAC- TOR believes that: 4.22.3.1. any tcchn:ca; data on n'ti:h CONTRAC- TOR is cnailed to rely as presided i-t paragraphs 4.2.1 anG 4.2.2 .s maccurc,te. or 4.2.3 2. any phvsual conditian uncovered or revealed a: the sue it Ife-s ma:errallr from that ado- cared. reflected or rcfe-red :o •n the Contr.e: Doet.- ments, C'ONTRAC'OR shill, p:omnuly after becoming aware thereof and before pertormmc ar.v Work •n connection lherewnh lexcept in ar. emergency as permitted by para- graph 6 22), notify OWNER and ENGINEER in wri:ing about the inaccuracy or Gdfererce. I F I I I I El I I I I L I [1 I I 4.2.4. ENGINEER's Review- ENGINEER wt!l promptly review the penmen: concitions. determine the necessity of obtaining additional exp.oranois or tests with respect thereto and ad v:se Ott N ER in w riti ng (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 new,y discovered condi- tions a change in the Contract Documents is required, a Work Directive Change or a Change Order will he 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 Pnce aeon extension or shortening of the Contract T:me. or any combination thereof. will he allowable to the exert fiat They are attributab!e to any such inaccuracy or difference. If OWNER and CONTRACTOR arc finable 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 hrdiearea' The mformatirn and data showr orind:c:.ted in the Contract Iocumenrs with respect to existing Underground Faci tries at or con:.gams to t-ie site is based on mformatirn and data furrished to OWNER or ENGINEER tsytheownersot such Urdergr, urd Facil- ities or by others. Uil:ss it is otherwise evpress,v p:o- viced in the Supplementary Condittony 4.3.1.1. OWNER and ENGINEER snail not re responsible for the accuracy or completeness of any such information or data, and. 4.3.1.2. CONTRACTOR shall have full resronsi- bility for reviewing and che.king al; such irformation and data, for locattrg all Undeground Facilities show n or indicated in the Contract Documents. fo; caordina. Lion of the Work with the owners of such ('nderg-ound Faci.ties during constructio-t. for the safety and pro- tection thereof as provided it'. paragraph 6.20 and repairing any damage thereto rest.lting from :he Wo-k. the cost of all of which will he considered as havirg been included in tie Contract Price. 4 3.2. Not .droner or hallooed. If an I'nderg-nund Facility is uncovered or revealed at or corucui u% to the sac which was rot shown or id ca:cd In the Contra: Doatrlents and w Pith CON fRAC I OR could not reason- ably have beer exr voted to Pe aware, 1. CON I RAC'1 OR shall. rrorrplly cl:er beenm:na aware Increol :.na Pefo-c pertormineany work alfcc:ea rnercrv! cxcepl nanemer- gencv as peritt.:ed by raraerapi 6.22. iden: lv the nw tier of suci Underground Faciitty and give w nucn noe :ne reof to :iat owne- in., TO OWNER aria EN(il\FER. EENGI- NEER will pronptl% rcvtew Inc Undcrp ound Facility to determine the extent to which the Contract Documents should he modified to reflect and docurrent the conse- quences of the existence of the Underground E-aci.ity, and the Contract Documents will e amended or sunp.emeried to the extent necessa:y. During such time. CONTRAC- TOR shat: be responsib:e for the safety and protec: on 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 arc attributable to the existence of any Elnderground Facility that was not shown or:ncicated in the Contract Documents and which CONTRACTOR coals not reasonably have been expected to be aware of. If the parties are unable to agree as to the :mount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles I : ar.d 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estah- fish reference points forconstruc:ion which in ENGIN}:ER's judgment are necessary:o enable CONTRACTOR to proceed with the Work. CONTRACTOR shall he reoparnib a for lay- ing cut :he Work (unless otherwise specified in the General Requirements), shall protect and preserve the estahlisncd reference points and shall make no charges or revocations without the prior wr.tre, approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any ref:fence point is !ost or destroyed or requires relocation because cf necessary changes in grades or loca:.ors, and shii be respan- sihle for the accurate replacement or re oration of such ref- erence points by professionally qualified personnel. ARTICLE 5 —BONDS AND FNSURANCE Performance and Other Bonds. S.I. CONTRACTOR shall furnish performance and pay- ment Bonds, each in an amount at (cast equa, to :he ('or.lraci Price as security for the fai:Pful perfo-mancc a -id payment of al; CONTRACTOR'S ofiga:ions under :ne Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes doe, except as o:ierw 5e provided by law or Regulator nr by the Con- Iract Documents. CONTRACTOR sha I also furnish such other Bonds as are required by the Stprlcrnentary Conde- tiens All Bonds shall he in the forms prescribed by Law or Regulation or by tic Contract Documents and he exect.ea :y such sureties as ate named in the current list :.t "Con:- ranies f loidinp ( ci tricetes of Autno-ny as Au eptah e Site. lies on 1-edeml Bonds and :.s Aecepianl.: Renst.nv. Cam. panics" as puhl 'Ilein C ircilar 570 r:nerde: I by :he Audit Staff Bureau cf Accounts. U S. Trcasury Depart:n:m All lords signed by an open: eras; be Lccomrar[cd by r, cerlared cagy or the aulbar i y to ac:. (Addition; 5C-5.:.1) 5 2. If the surety or any Bond furnished by CON'I R.1C- TOR is dec...red a bankrupt or becomes msnh en: or its right 10 do business is termnatcd in any state where any part of I I I LI I I Li I I I I I I I I I L 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 sha!I 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 CONTR4CTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether :r 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 er;.loyee ben - ell: acts: 5.3.=. Claims for damages because of bottle injury, occupat•onal sickness or disease, or dca.h of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or (l.sease, or deain of any person other than CONTRACTOR's employees; 5.3.4. Cairns for damages insured by personal injury liahili:s coverage wnich are sustained (a) by any person as a result of an cilense directly or indirectly related to the employment of such person by CONTRACIOR. Cr (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 des:: uction of tang.ble p•op- erty wherever located. including loss of use resu:tme therefrom; 5.3.6. Claims ansirg out of operation of Laws cr Reg- ulations for damages because of bodi.y :njury or death of any person or for damage to proper:: and 5.3.7. C:a,ms for damages because of bodily inury or death of any person cr p: onerty danage arising out of the owr.ersnip, maintenance or .tse of any mu:or sehrcle. Ti -c ir.su:anee reclLlred by ('us paragrapr 5.3 'lit.! ncl•i.,c :ae specific cd%rages and he writ:en for nit 'cis than iFe limits of ltah.luv and coseraces prusited in the Supplc•ner- ta-y Ccndmons, Cr required :•y law. wluchc,cr is greater. The comp•ehen,ise gcrcral liaNha rmur..n_c shoal iraudc eonp.cicd n;.er ition% list. ranee- Al. of :.".c pal:.:cs of ir,ur- ance so rccurcd la re rc.r:hased ..it.' rraintain:J l.r the cell h:ales or other evidence IF.r:toll s!' ll con: lie : r•osr sioa or erdorscment flat :re covcra4c :.rl:rdcd wiIl col be carcc.lcd. materially changed or rer.caa. refLJ'Ld Lnu, e: thirty days' prior wruen notice has bees gi'en to OWNER and ENGINEER by ce:tlfed mail. A] such insurance sha.: remain in effect anti: fnal payment and at all limes thereafter when CONTRACTCR may be correctine. removing O7 replacingdefective Work ir.accerdancew.rh paragraph 13.12. In acdi::on, CONTRACTOR shall maintain such comaleted operations insurance for at least two years after tins, payment and furrish OWNER with evidence of continuation of such insurance at final payment and one } ear thereafter. Contractual Liability Insurance: 5.4. Thecompretenstsegeneral liani'itvinsurancerequirec by paragraph 5.3 will include contractual Iiail.ty insurance appl:cable 1O CONTRACTOR's obligauons undo: paragraphs 6.30 and 6.31. Owner's Liability Insurance: (Rep 1 ac enerl t; P�;�OAssts/�dKll��a�is/rss�I�/N v:�IHi1(dafddF..ld/its V HO00/P Yk/.rc'/gel �YPfA#wFDvlvMA/ 1r'fitif AIIYVIAY F/S'yn)I p)W> it AA -14 rAf At,l iA s44 'H roperty Insurance: (Replacenents; SC -5.6; SC -5. .6. liners oiheruise prov;de.i :n the supplemi Co. i lions. OWNER %hall purchase and ma ntain pr( incur. Ice upon the Work at tae site to the ful: insurab:e therec (vrb}ect :o sucn dcduc:.ble amounts as mac vided m c Supplementary Cond:nugs or rear] re( •v and of C 7) a pro- ,aw s ecu tionsl. Th s insurance shall include t e interests 'NER.CO\"rRACTOR.Sutcor.tiactoa .:NGINIER and ENGI NI-. :R's ccnsu:tants in the Work, a of "horn shall be,isted as ms gds o: additicna..nsarcd p: :,cs. shall irsure against the per.\ of fire and exterded , scraee any shal: inclade "all risk' insurance for phys: a. loss acd damage incuu; mg theft. van a:ism and ma!L us ris-Fief col' ani slater damage. a in :.`.e Supplementary losses an, expenses an%i loss or incurred in the propene (iecludmg bill engineers. architects, a not cosered under the " v.dN :n the Sunnlemrn/ parcF,aseardma,nta t'in-darproA of the W,,rk ,Wrc(l or arJ off the sic pori,ors of the s ark are to he inc it. l'a}mcrr , apse such otter. rls as tray be provided editions, nd sha.l •ncldde damages, .i outo or:esultingfromany.nsured -ep. er r replacement of any insured no .invited to fees and charges of it( tie c and ether rrofessionalsi. If rise ;rcc or otherw•se pro - CONTRACTOR shall ut,arar ce on rcrt.on% i in trout: when ,ucF In an •\prii%;.: or for 5.7 O\ NER'nail . .cha,e,rid CI.iir.0 I s.ic h heJrr a rJ ma :h n:r in stir or.,ddrurr.,. -ropert% r t.ianc:.,, ha 5 /�ILd d hs IIc Surpkmrfa:v Cu tJ lion, o- L,.w, ,;nd n, which c II nclude the .nleres;, t 06\FR. IR. SL-cor.:raclor%. ENti1NL'-.R AND ER''con,ult..ni, m the Work. all of„For, stall he nsured or acdn oral ncdrea parties. 12 (Rep 1 acerr.ent; SC -5.8) All the policies of insurance (or the certificates such waiver forms are required of any Subcon::actor. other a cc :hereof) required to be purchased main- CONTRACTOR will obtain the same. tained by 0 in accordance with :aphs 5.6 and s 5.7willcontainapro ore ment that the coverage (Replacements;Si afforded %ill not be can atenally changed or renewal Receipt and Application of Proceeds: C-5.2; SC -5.13; refused until at inydays' pnt then ro::ce has keen -r S..-5.14) Any insured loss under the pohae+ of msura .e given TRACTOR by t:en:fled mar, d will contain requi. d by paragraphs 5.6 and 5.7 uili be adjuste \'rtn ver provisions in accordance with paragraph -. OWN E and made payable to OWNER as truste or the insureds, heir inte. esis may appear, subject to I eregLrre- 5.9. OWNER sha:I not be responsible for purchasing and ments of an pplicahle mortgage clause and paragraph t maintaining any property insurance to protect the interests 5.13. OWNER all deposit in a separate acc mi any money of CONTRACTOR, Subcontractors or others in the Work to so received, and all distr.bate it in acc dance with such ; 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• Caged Welk shall be deductible amount, will be borne by CONTRACTOR. SLb- repaired or replaced. th money so received aprlied on contractor or others suffenng anysuch loss andd:f any of them account thereof and the W ,a the cost thereof covered wishes properly insurance coverage with:n the limits of such by an appropriate Change Or or Wri:ten Amendment. •1 amounts. each may purchase and maintain it at :he purchas- er's own expense. 5.13. OWNER as lrt cc sha.) ye power to adjust and (Replacement; SC -5. 10) stale any loss with th irsurers units ore of the parries in 10. If CONTRACTOR requests En writing that r interest shall object ' writirg within i en days after the 1 spec:a ' ranee be ire:tided in the property i rue pal- o cu:rence of lo to OWNER's excta,c f this power. If icy. OWNS ' , if possible, include insurance. and such objection made. OWNER as trustee all make set - the cost :hereofwi.l rged TRACTOR byappro- Ilemcnt with a insurers is accnrC:.rice utth suc agreement pnate Change Order or %merdment Prior to co m- as :he partsin interest may reach 1f teduired m 'ling by I. mencement of "it rk at the site, 'NER sha I in tinting any pa in interest, ON NER as trustee ,hal, u n the advise C ACTOR w Nether or not suc 'r insum•lce occu nce of an m'ured .oss. give rove for the prope er- en procured by ON'NF.R. for arce of such duties Waiver of Rights: Acceptance of Insurance: 5.11.1. OWNER andCCNiR.1CTORuai'ea;1i ghts s If OWNER hasany again,: each other fen all losses and damages chLsed ^y by or her provisions of the ns;trance require) to he , ur- any of the penis covered by the policies of mst.rarce chased a maintained by CON] RACTOR in acc dance provided in response to paragraphs 5.6 and s.7 and ..ivy with ,paragr, hs 5.3 and 5 on the :•asi, of is not hmply:ng other pioper:y insurance arp icah.e to the Nark. and also with the Cant ct Documents. OWNEit shall ottfy CON- watve all such rights against the Subcontrac:ors. 6NGI- TRACTOR in w irg thereof within ten day of the date of NEER. ENGINEER's consLltan:s and all ether parties delivery of such cc ficatec to OWNER i accordance with named as insureds in such policies for lasses and damages paragraph 2-7. If CO,' 'RACTOR has • y ob ect:on to :he ISO caused. As required by paragraph 6.11. eaea sLhcem coverage afforccd oy or ,the: p:ov' ,ohs of the polio cs of tract between CONTRACTOR and a Suacovrrac:cr will insurance required to be purc 'sce• d mantanec by O\\NER contain similar waiver prcvrcions by :he Suhcorrraator in in accordance with paragrap 6 and 5 7 on tie basis of favorofOWNER.CONTRACTOR. E.NOINEER.ENGI- their not complying with th - -rtrac: ❑ocLmentc• CON - 1 NEER'sconsultantsand all cther—,.anrrsnamedasmsared'. r ,RACTOR shall notify ON FR in •oingthereof uithmten None of the above wait ers 'ha.) ex:end to the rights that days of :he date of dc" cry of sJc •rtrfcate, to CON - any of the insured panics may nave to the proceeds of TRACTOR in accor ce with naragrzp 2.7. OWNER and insurance held by ON NER as trustee or ocneruise pay- CONTRACTOR s a.1 each nro'tde to tie they such add: able under any policy so rssjcd. tional .nfurrrat :n respect of insurarce ::ru tied by each as the oher ' rcasenably requrs:. Fa.11ae':y N'\1:R or 5.1 L2. OWNER and CONTRM:1'OR intend fiat any CONTRA OR to give any 'ad ? notice of ohjeatr. i wilhm. po.icics provided in response to par;.grap'rs 5.6 and 5.7 the Ilene route.: shall ccnstitute accep:arce of SLLJ '•hsur- ,hall protect all of t^c parrrrs inured and pro' ide rrim..ry ;,nce rcna'ed ry the oiler : omrl\ me a r;F the Cunt ct coverage for al' losses and JLma?Cs caL'cd ry the pelt, Cu . 1ncnt,. covered Iher eey. Accor..inal, al sash pvlic:r shal :on- lam pre' 'ions In :be c[fccl that i-t the even) cf pa' men: u: any loss Cr .'arhage the IrsLrer "ill hate no rig'tts of Partial L tiii;arias—Property hurmtrr: recover' agarn'I acv t•l tie parties rained as msareds Cr 5.15 If O\\-NER find, it nece's.rry to OCCLpy or use a a�dunon,r. insureds. and if :he n'drrs renown separate ;.ortionor perrun,oftic Norkprier toSths:ar.i alComple- waner forts to he 'tenet by EN(i:NIfR or 1:NGI tior of al. the Wore such use or oe:Lpar•c' may re accom- NIIR's corsu,lav OWNER \\ ill ohwin the care, and it phshed ;n accoid;irce urF r"ragraph :4.10. provided tha: no 1 13 I I [1 !J I I I I„ u II I I I I I 1 ' I I such use or occtpancy shad commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes :n cos a rage neces- sitated thereby. The inst.rers providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insurance shall not he cancelled or !apse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shag supervise and cirect the Work competently and ef5cicnt'y, devoting such attention thereto and applying such skt!ls and expertise as may be necessary to perform tae Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsih:e for the means, methods. technicues, sequences and proce; ores of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or seiect:on of a specific means, method. technique. sequence or procedure of construction which :s indicated in and required by the Contract Documents. CONTRACTOR wall he responsible to see that the finisned Work complies accuratc,y wish the Contract Documents. 6.2. CONTRACTOR shall keep or. the Werk at a.1 times during its progress a competent resident si.penmendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances.': he superintendent wd. he CONTRACTOR s representative at the site and shall have au:hori:y to act on behalf of CON- TRACTOR. Al: communications given to the superintendent sha;I be as binding as ifgisen to CON'T'RACTOR. Labor, .4faterials and Equipmens: 6.3. CONTRACTOR sl•all provide competent- suitably qualified personnel to survey and lay out the WO1 c and per- form construction as rcgLrred by the Contract I)ocumen:s. CONIRACTOR shat: at au times maintain good discipline and order at the sue. Except in connection with the safety or protection cf persons or the Work or p;opery at the site or adjacent the:eto, and except as otherwise ind cated in the Contract Documents, all Work at the site shall be performed during regu;ar working hours, and CONTRACTOR will not permit overtime wo!k or the performance of Work or Sat- urday, Sunday or any !egal holiday without OWNER'% wr t - ten consent given alter prior watten n,thcc to ENGINFER. 6.4. Cities othen'ise specified in the General Recuve- merls. CONTRACTOR soall furnish and assume fLll re,pan- sibdr' for all materials. equipment. I;.hor, trans p.'rtat on, cors(racuor equipment and machinery, tools, app lances, fuel. power, l:gnt. heat, telephone. 'hater. saneary Ia .litres, temporary facile:iec and al other faci.ities and mcidcn:als necessary far the furnishine. perormance, lcstmg. starl-up and completion of the Work. 6.5. All naterals and egaipmer..t shall he of good cuality and new, except as otherwise provided in the Contract Duc- umen:s. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence iincludine reports of required tests) as to the kind and quality of materials and equipment. Al: materials and equipment shall be applies. installed, con- ncc:ed. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Sapelier except as otherwise provided in the Contract Documents; but ro pro- vision of any such instructions wil. he effective to assign to ENGINEER. or any of ENGINEER's consultants, agents or employees. any duty or authonty to super' ise or direct the furnishing or performance of the N or k or am dL(y or author- ity to Lndertake responsibd::} contrary to the pros isions of paragraph 9 15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to toe extent mdica:c4 in paragraph 2.9) ad;ust- ments :n the progress scaedale :o reflect the im^act thereon of new deve!opmerts: these will conform general*v to the progress schedu.e then :n effect and addttiona.ly will comply with any provisions of the Gcnc:al Requirements applicable thereto. Substitutes or "Or -Equal" hems: 6.1.1. W penes er mate: ials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or :he name of a particular Supplier the naming of :!re item :s intended to estab.ish :he : pe. function and quali:y required. Unless the name is followed by words indicating that no ,ubstitutuin is p ernitted. mate ialscrequipmen: of other SLppliers may he accepted by ENGINEER if sufficient information is ,uhmit:ed by CONTRACTOR to a,low ENGINEER to determine that the material or ecuipment proposed is equiva:cat or equal to that named. The procedure for review by ENGINEER will include the following as supp;emented in the General Requirements. Requests for review of substi:ate items of material an" equipment will not he accepted by ENGI- NEER from anyone other Than CONTRACTOR. If CON- 'IRACTOR wishes to furnish or use a substitute item of material or equipment, CON I RACTOR shall make writ- ten application :o ENGINEER for acceptance thereof. certifying that the proposed substitute wil perform ade- qualely the !ancticns and ac'iicve the results called for by the general design, he similar and of equal suhstance to that specthed and he suited tome same use as that spec- ified. The application wd state tha: the csaivatLnt aid acceptance of the proposec ,uh'Iitu:e wi I not-iejiidicc CON1'RACTOR's aahievcrrcnt of Suhslntial C-omple- lino tin time, wtic:'rcr or not accer cL.nce or the suh,tuute for .ise it the Work wiIl reauirc a chaegc it any of the (en'' act Cticu melts air in the ;M ovi sions of anv other direct contract wt:h OWNER for work no the Pra)ecil to ad,ipt the design to the p reposed suhstitu:c and whe:ler or not mco-poi ation or use of the suhsntutc in connection with :9c Work is huh ect to payment of any license Ice or I 14 L! I I L: I I I I I ;] I I I I royalty. All variations of the proposed substitute f•om that specified will be identified in the appiicalion and available maintenance. repair and replacement service will he indi- cated. The application will also contain an itemized esti- mate of all cos:s 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, al! of which shall he 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 :o ENCINEER. if CONTRACTOR submits sufficien: information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Corlract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as ma} be st.pplemented 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 accep:aril;ty. and no subst.tute mil! be ordered, instal'ed or util:zed w 1haut ENGINEER's pnor written acceptance which wi.l he evi- denced by either a Charge Order or an approved Shop Drawing, OWNER may require CON TRACTOR :o tar- nish at CONTRACTOR'S expense a special performance guarantee or other surety with respect :o any subs: lute. ENGINEER will record time rcgt.tred by ENGINEER and ENGINEER's consultants in eva.uati rg substitt.uons proposed by CONTRACTOR and in making charges in the Can:ract Documen:s occasiored thereby. Whether or not ENGINEER accepts a proposed sahstitu:e. CON- TRACTOR shall reimburse OWNER far the charges of ENGINEER and ENGINEE•R's consul:ants for e%a uat- ing each proposed subs::tutu. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization r mdading those aceeptah:e to OWNER and ENGINEER as indi- cated in paragraph 6.8.21. whether nit -ally or as a subs:r- tule, against whom OWNER or ENGINIER may have reasonable ob-cc: on. CON TRACTOR shall not be reguir ed to employ any Subcontractor. Supplier or aher person o - organization to furnish or perform any of the N ork against whom CON I RACTOR has recsu,ab.e ocjectian. 6.82. If the Supplementary Conditions requ.re the identity of certain Sahcontractors. Suppliers or othe: rer- sons or organizations rincludme those ano are to furnish the pcncipal items of rr.:.tevials and equ.pnena to he 'ii!) - muted to OWNER in advance of the specified dare pr:or to the Elfecti%c Date of the Agreement for acceptar.ee by OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. O WNER's or ENGINE.F.R's accept- ance (either in writing or by failing to make written objec- lion thereto by the date indicated for acceptance or objet - lion in the bidding documents or the Contract Documents) of any such Subcontractor, Suphlie: or other person or organization so identified may he revoked on the basis of reasonable ebjec::on 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 subst:tution and an appropriate Change Order will he issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or argahization shal: constitute a waiver of any right of OWN ER or ENGI- NEER to reject defective Work. 6.9. CONTRACTOR shall be fuay responsible to OWNER and ENGINEER for all acts and omissions of the Subcor: tractors. Suppliers and outer persons and organ.za: ors per- forming or furnishing any of the Wcrk under a cirect or indirect contract with CONTRACTOR jus: as CONTRAC- TOR is respensib:e for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractua. relationship between OWNER or ENGINEER and any such Subcontractor. Supp.icr or other person or organizat:on. nor shall rt create any oh;igation on the part of OWNER or ENG:NEER to pay or to see to the payment of any moneys die any such Subcontractor, Saprlier or other person or orgarization except as may othcnrse be required by Laws and Regulations. 6.10. The d:visrogs and sections of the Specific«puns and the identifications of an Drawincs shall not central CON- TRACTOR in divi.:ing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6 II. All Work performed for CONTRACTOR by a Sub- contractor wil, be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor wh ch spe- cifically binds :he Scbcontractor :o the applicable terms and conditions of :he Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.I1. CON I RACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pcl- ic:cs issued pursuant to paragraphs 5.6 and 7, Patent Fees and Rot cities: 6.12. CONTRACTOR shall pay all license fees and row allies and assume all cads incident to the use in the rerfoi- mance of the Work or :he mcorpo;ation n the Work of any insention, dos:g,. process. p rcdusl er des ice which rc the su^jeer of patent rights or copyrights Geld by others. if a parlicular ipvenuon.. c%ign. process, product or dc t ice is specified in the Contract Documents for use in the perfor. trance of the Work and d:o the actual know le1ge of OWNER I I5 I LJ I I I I I I I I I I rI f I I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royally 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 Irncluding attorneys' fees and court and arbitration costs) arising ot.t 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 cornection 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 suet permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicab!e at the time of cpenirg 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 Wors. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant tnvcstmen: tees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with a.l Laws and Regulatwns arpircah:c to fit:- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lalion s. neither OWNER nor ENGINEER shat. he i espin- sible for monitori-ig CONTRACTOR', compl ance with any Laws or Reguatwns. 6.14.2. If CONTRACTOR observes that :he SpecrE- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall gist ENGINEER prompt"ritten notice thereof. and any necessary changes will he authorized by one of the mcaods indicated ,n paragraph 3.4. If CONTRACIOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and %ithrntt such notice to ENGINEER. CON'l RAC7 OR shall hear all cos:, ar sing therefrom: hc%ever, is shJl not e CONTR 4C7OR s rn- mary tesaorsrhdity to make ccrta n that the Srecihca:ions and Drawings are in accore:nce with such, 1.aws and Regu a:tcns. Taxes: 6 15. CON I RACTOR stall r ds a.l ,a cs. consumer. use and oche- similar :uses required to :•e pat,l h CON FR it(: - TOR in acccidance with :rte L:.ws ar.d Reguhmons of the place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shat: confine construction equip- ment, the storage of materals 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 w ith constr.cnon equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage !c any such land or area, or to the owner or occupant thereof or of any lane 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 :7e performance of the Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or other" ise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent permitted by Laws and Regulations, indemnify and hold OWN ER and ENGINEER harmless from and against all claims, damages. losses and expenses linc!ucing. but not limited to, fees of engineers. architects, attorneys and other professicnals and court and arbitration costs) arising directly. inairectly or consequentially oat of any action. leca: or equi- table. brodght by any such tither party against OWNER or ENGINEER to the exter.t based on a claim arising out of CONTRACTOR's perfo: manic cf the Work. 6.17. DLrng the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resu.tng from tic Work. At the completion of the Work CONTRACTOR shall remove ail waste materials. rush:ch and dehrs from and about the prem ses as "ell as all tools, app.iances, construction equip- ment and machinery, and sur:.lus materials, and shall leave the site clean and ready for occupancy by OWNLR. CON- TRACTOR shall restore to ooginal condition ail property not ecsigna:ed for alteration by the Coriract Documents. 6.18. CONTRACTOR shill nit load nor permit any part of a-ly structure to he loaded in ary manner tha: w ill endanger the structure. nor shall CONTRACTOR subject any part of the Work or adracent property to stresses or pressures that will endanger it. Record anctrmerrrr: 6 19. CON'rR.\CTOR sh..11 ma nt.un it a site place ;,t the ,ile cite rccoid cups of of Draw.ngs, Spccihcat ons. Addenda. W'-ttten Anendirents. Cnan,zc Oi.:c-s. Work Duezttse Chances. Mel.: Orders ::nd written nterprctuiors and c ari:ica:.ors nssued pl.rsaan: to puracr.tph 9.41 in good order and anr.oated to s)0% all ct.mces m..de du: irg can. strucuun.l'heserccorddecumenistogethcr"uh.ii arprosed sari rle, and a coulterrart of ;.II arpris ed Shop Drtwines "i I he available to ENGINI: ER for reference. Gaon corn- I 16 I I I I I 17 I I I I I I I I Li I plelion of the Work- these record documents, samples and Shop Drawirgs wiC he delivered to ENGINEER .for OWNER. Safety and Protection: • 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising ail safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shad 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 :herein, whether in storage or. or off :he site; and 6.20.3. other property at :he site or ad;acent thereto. including trees, shrubs, lawns, walks. pavements. road- ways, structures, utili:•es and Underground Facthtjes not designated for remova:. reloca:ton or replacement :n the course of construction. CONTRACTOR shall comely with all applicable Laws and Regulations of any public body having jurisdic::or for the safety of persons or property or to protect tnem f: oat zamage. injury or loss; and shall erect and maintain all necessary safeguards for such safety and protec:ion. CONTRACTOR Thai not.fy ow ners of adjacent ptnperty and of Underground Facilities and u::lity owners when prusecu:ion of the N ork may affect them, and snail cooperate with them in the pro- tection, removal. relocaticn and replacement of their prop- erty. All damage, injury or loss to any property referred :o in paragraph 6.20.2 or 6.20.3 caused, directly Cr inetrectly, in whole or in part. by CON rRACTOR, 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 tl-em may he.tab,e. 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 :.none employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indi- rectly. in whoc or in part, to the fau.t or negligence of CON- TRACTOR). CONTRACTOR's duties and tes,-.onsiht ties for the safety and protection of the Work shall contilue until such time as all the Work is comple:cd and ENGINEER has issued a notice :c OWNER and CON I RA(:T')R in asorV- ance with paragraph 14.13 that the W'u: I..' :.ccepiarl' exher t as otnerw ise es pressly pros tied in correction 's ith St hstan- C al Comp a:.on). 6.2.. CONIR \CTOR shad,:csienate a tes;.vnsite rep- iescntattve at ti -c 'lie uhosc date 'hall he the ; rescn:.or of accidents. I his person shall he CON 1 RAC TOR'. sr.perm- tenden: unless otncnvise zcsicnated in writing by CON- TRAC I OR to OWN ER. Emergencies: 6.22. In emergencies affecting the safety or protector of persons or the Work or property a: the ,ite or adjacent thereto. CONTRACTOR, without special ins:ruc:ion or authonzation from ENGINEER or OWNER, is obligated to act to prevent threatened damage. injury or toss CONTRACTOR shat: give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused :hereby. 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 co•tsequenccs of the charges or variations. (Addition; Shop Drawings and Samples: SC -6. 23) 6.23. After checking and verifying all herd mcasuremects and after complying with app.icable procedures specified in the General Requirements. CONTRACTOR shall su^nett to ENGINEER for review and approval in accordance w ith the accepted schedule of Shop Drawing suhmisslons (see para- graph 2.9). or for other appropriate action if so indicated in the Supplementary Condj:ions, five copies furless otherwise specified in the General Requirements) of all Shop D:awirgs. which will bear a stamp or specific wnuen indication that CONTRACTOR has saiisfcd CONTRACTOR's responsi- bilities under the Contract Doct.me-Its with respect to the review of the submission. All submissions nil. he identiEed as ENGINEER may require. The cat. snown on the Shop Drawings will be complete wills respect to euartitics, dimen- sions. specifed performance and des.en criteria. materials and similar data :o cnah.c ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also suhm:t to ENGINEER for review and approval wi:h such rromp:-icss as lit cause no delay in Work. all sarnp.es required by the Contract Doc- uments- All samples will have been checked by and accom- panied by a %pcc.fic written incc:.uoi that CONTRACTOR has satisfied CONTRACTOR's respons,btitties under the Contract Documents with respect to the review of tie sub- mnsron and will he identified c'early as to malena:. Supplier. pertinent darn such as cata og numbers and the use for which intended. 6.25.1. Before sLbmissro•t of each Shop D-awir.g or samp:e CON'.—RACrOR shall have determined and veri- fied al. gaanri:ies, dimensions. specified performance cri- teria. inst..11ation ;eq ircnhents. nateria s. cat:,loe nt.m- !sers and sindar data aril respevt :hereto and re' tow ed ur cco-d noted each Shop Diaw inc or samp.e with tsl her Shop Drm%ings and samples :.na w th Inc •egatrcmer.ts of the Wo;k :.n : the Contract Decumeris. 625.2 At the time of c.ch st.!•mi,sion, CONr}(AC- TOR .:tall give ENG:N h.ER specific wi rren n.stice tit e:.en varwtu•n Ihat the Shop Draw.ngs or samr.!es may Piave fron the requirements of the Contract Docurnerts. and, in addition. ,hull cause a specific nutatiun to be made on I' 1 I Li I I Li I I I I I L 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 ant samples. but ENGI- NEER's review and approva: will he 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, secuences 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. l'he 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 Shot, Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the iequ:remects of the Contract Documents unless CONTRACTOR has in venting ca:led ENGINEER's attention :o each such varanon at the time of sr.hmrsson as required by paraertph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific written nolatior. thereof ihcorpo:ated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER rel.cve (ONTRACTOR from responsibility for errors or omission' 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 orsample isrcmredbythe Specifications. any related Work performed prior to ENGI- NEER's review and approva: of the pertinent submission tvi:l be the sole expense and resp oasibili:y of CONTRACGR. Continuing the Work: 6.29. CON'IRACfOR shall carry on the Work anJ adhere to the::rogress schedule during all disputes or disagreements with OWNER No Work shall be delayed or costponed pend- ing resolution of any disputes or disagreements, exce: t as permitted by paragraph 15.5 or as CON I RAC' 'OR OWNER may otherwise agree in %riling. Indemmfrcation: 6.10. Tit the fu lest extent permitted by Lawc and Recu- laiions CONTRACTOR shall indemnify and hold harrrlcss OWNER aid I.NGINI FR and their consultarts. a,terrs,md emplaces from :.rid against all ca:ms, damages. losses and expenses. d;recl, indirect or censeouenual':nrladmc but nut limited to lees and charges of engineers. arch Iec:s, allorneys and other professiorais and court and airitration costs) aris- ing out of or resulting from :he performance of :he Were. provided that any such claim. darn.ge. loss or expense (a) is attributable to bodily irjury. s•ckress. disease or death, or to injury to or destruction of tangible prooerty )other than the Woric itself) including the loss of use resultirg therefrom and (b) is caused in whose or it part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person ororganization directly or indirectly employed by any of them to perform or furnish any of the W'orc or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party irdennilied hereunder or arises by or is imposed by Law and Regulations regard:ess of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultant. agents or employees by any employee of CONTRACTOR. any Subcontractor, any person or organization directly or incirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of :hem may he :iab!c, the indemnification obligation under paragraph 6.30 shall not 'e .invited in any way by any limitation on the amount or type of damages. compensation or benefits pa)ah•c 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 sha:l not extent to the liability of ENGINEER. ENGINEER's consultants, agents or enp.oyces arising out of the preparation or approval of maps. crawuigs, opinions, reports, surveys. Change Orders, designs or specifications. ARTICLE 7 —OTHER WORK Related Wort. at Site: 7.1. OWNER may perform other work related to the Prot- ect at :he site by OWNER's own forces, have ether work performed by utility ow ners orlet other d;rect contracts therefor which shall con:air. General Cond.lions simi.ar to these. If the fact that such other work is :o he performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior in starting any such other work; and, if CONTRACTOR believes that such perfor- mance wi:l involve additiona: experce to CONTRACTOR or requires additional time and :he parties are unable to agree as to the extent thereof. CONTRACT OR may make a claim therefor as provided .n Ai :revs I . and 12. 7 2. CONTRACTOR ,ha.l atflaJ each unsay oxv net ,-.rid osier con::cetor who is a rtar: y to •itch a direct conr-,ael (or OWNER. if OWNER is peri'rm rte'rte a,,dinrna. vstirk"ft OWNER's emp,oy eesi pi apt r and ,.ilk acre" to we Nile and a •esuneh!e •iproitu-n;w for the in: -oducion and 'I once of mater:als:.mi equipment an,. the execution o! such work, and shal. p-orerly connect and cdord.natr the Work with theirs. CONTRACTOR shall do all cuttrrg, tiding and patching of the Wvrri Thal may he required to make its seseral parts come logelher proper yard m:egmte nrth such other non. CON - 1 18 I I 1 I r 1 I I 1 1 1 I TRACTOR shall not endanger any work of ethers by cutting. excavating or otherwise altering their work and will on:y 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 arid 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 otter 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 unavailab!e or unsuitable for such proper execution and results. CONTRACTOR's failure so to report wi:l constitute an acceptance or the other work as fit and proper for integra- lion 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 responsttilav for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Co -id lions. and the speci5c masters to be covered by such au::narity ana responsibi,ity wil! be itemized. arid the extent of such aLihor- ityan,'. resporsibilitics %%i.1 he p:ovided. in the SLp;,le•nenrary Conditions. Unless otherwise provided in the Sipp emcatary Conditions, neither OW'N ER nor ENGINEER shall -lave 3r.y authority or responsibility in respect of such coord nation (Addition; SC -7.5) ARTICLE 8 -OWNER'S RESPONS:13:LITIE S 8.1. OWNER shall issue all communications to CON- • TRACTOR through ENGINEER. 8.2. In case of termination of the empieymert of ENGI- NEER. OWNER shall appoint an eng-neer against whom CONTRACTOR makes no reasonab.c oblectio-i. abase sta- tus under the Contract Documents shall he that of the fo-mer • ENGINEER. Any dispute in connection with such arperr.t- ment shad be subject to arbitration. 8 3. OWNER .hall furnish the data reau 12,44 .ot OW'NI'R uni cr the Contract Documents prnriptly an stall m ike r ac- men:s to CON! RACTOR prompts after !rev .rc it, a+ prcvlded it parcc:cpr;% 14 J and 14.13. 8A. CW \CA's tl .iics in repeat cf prose. ul . nJs . rid • ca'emerls ant; rrov'dlrg cremeerine %Lr%evs :d rc'e cis, e Quinn arc cc: lot ti n piracra-h+1.I .In,. 1.4 '_aa. gr.pl- 1 2 -cicrs to O%\ NBA's Ident l:y ma aril rr.Ik me .i'a1 - ableIoCON1R.\CTOR topicsof re-urls of a rlunuuns ana tests cf suhcurface conditions all he s ie and in exntnc stiuc- lures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8N/PAY?c NYfc1 A +UtMAill' IN /efMVWAYj 3 A1*i0A?W:?0Ai(/#/ irAM-HHN c'eh#i6v'•/sdr/j ;AFAf.*fgi,IV$4AAPE41Wo61 (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, testsand approvals is set forth in paragraph 13.4. 8.8. In connection with OW'NER'S right to stop Work or suspend Work, see paragraphs 13.10 and b. I. Paragraph 15.2 deals with OWNER's right to :errrma:e services of CON- TRACTOR under ceram circumstances. ARTICLE 9 -ENGINEER'S STATUS DURING CCNSTRUCTION Owner's Represenmtnr: 9.1. ENGINEER still be OWNER's representative dur- ing the construction period. The du:ics and re'pons bi'mes and the limitations ofau:ho-uyof F.NGINEEa.i+OWN ER's representative during construction are set Iurth in the Con- tract Documenx arid 'hall not be extended'nhoui written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER w II ,lake s -sits :o the sale ct :nrer%a.s approprtme :o the %anous stages of convrucuun to observe the progress and qual ty of the executed Work aid :o deter- mine, in general. If the Worn is proceeding n accordance with:'ie Contract Documerts. ENGINEER wil. not he required to make exhauw+e or cor..tlrucLs on -site Insr ecticns to check the qual.iv or cuan:rts of the Work. ENGINEER'S effors w ill be directed taw aid p-ov.d.nc Ice OWN ER a greater acgree of confidence Lilac tie cempletLJ Work will conform to tie Contact Documcr.is On the basis of such visits and on -site observations as an experience; and gaaliFed deign profes- sional. ENGINEER "ill keep OWNER mfermed of:hc prog- ress of the Work ard %ill:endeavor :o g"uara OWNER against defects and dencienctes ;n the War.;. Project Reprrrnuonon: (Addition; See SC -9.3) 9.3. If O\CNF!_R .rd L\O'NI:ER a:acc. I:NCIN1_::R will :i rrish .i Rc'idert '-'C;: Rerre`et.;,i t :.+ :I+ai ENGN 1iE2 in ":++crone the rertour.:mcc ul the Work. fhe l!❑IIL'+. ICSfl i'ib11112+ Lira '.TIt.itRJlls c1 ..ulhorily of .Iry +u Gn .(L+IJUll ! rr r, cI Rep-set--I at %c :I rid L+%I+t.irlc %t ill he as rrc% tied in the S..prIerentary ConJmuns. If OWNER desicn.ite+ ancth:r :.cart to rerre%c,t OWNER .0 the s.te vino i+ not EN(;INEER's :seen: or employee, the dLT.es. respun+:hi itics and :unitt ors at .uthon:s of such other per%stn viii he ,ts pro%IJed in the Supplementary Cundmo-s. 19 I I p C1 I I I F, I I Li I n LJ I I I Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable prerp:ness such wntten 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 mterpreta:ior, justifes an increase in the Con:ract 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 It or Article 12. Authorized Vanations 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 Prce or the Contract rime and are consistert with the overall intent of the Contract Documents. These may be accomplished ny a Field Order and will be binding on OWNER, and also on CONTRACTOR who sha.l perform the Work involved promptly. If CONTRACTOR believes that a Field Order just:fies 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. CON I RACTOR :nay make a claim the:efor as provided in Article Ii or 12. Rejecting Defective tf ork: 9.6 ENGINEER wi:l have auther.t) to disapprove or reject Work which EN(il SEER believes to he dere'crive, and will also have authority to require spec:a! inspection or testing of the Work as prov:dcd in paragraph 13.9. whether or not the Work is fabricated. msta!led or completed Shop Draxrngs, Change Orders and Paimenrs: 9,7. In connection with ENGINEER's responsihi!ity for Shop Drawings and samples. see paragraph' 6'3 througl 6.29 inclusive. 9.8. In connec:ion with ENGINEFR's iesr o-isihiimesas to Change Orders, see Anicies 0. I 1 and 12 9.9. In cornection wi:h ENGINEFR's responcibi.itic%in respect of Applications for Payment, etc.. see Artic.c 14. Determinations for Unit Prices: 9.10. EN(ilNL-ER will determine :Ie actLal quir.nncs and classi:ieauons of Unit Price Work performed hr CO\- T'RAClOR ENGINEER wi.l re%ieu with ( ON:'RAC IOR ENG:NEFR's p-elimin,ry ce:ermmations on sit:h matters aefo:e render ng a wntten decision tnereon rh% le:;lirlmen dation of a't Apnhcatior. 1nr Payment or other' se:. ENGI- NEER's %% mice decicu•ns :hereon will he f nal and !'irdin ucon OWNER and CONTRACT:IR, unless. ulth:n ten d.ns alter Inc d..te of any such decision. either O\\ N ER or CON. TRAC I'OR del.ver to the otncr party to the Agreement and to ENGINEER written nonce of intention :o appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initial nter'reter of the requirements of the Contract Documents and jucgc of the acceptability of the Work thereunder. Claims, cisputes and other matters relating to the acce;tab:lit} of the Work or the interpretation of the requirements of the Contract Documents pertain:ng to the performance and furnishing of the Work and claims under Articles I and 12 in respect of changes in the Contract Price or Contract Time wi!I be referred initially to ENGINEER in writing with a rcquesl for a forma. decision in accordance with this paragraph. whicri ENGINEER wil'i render in writing within a reasonable tine. Written rotice of each such claim, dispute and other matter will ee delis Bred by the claimant to ENGINEER and Inc other part% to the Agreement promptly tbt.t in no event later than thin,} days) after the occurrence of the even: g.ving rise therein, and written supporting data w ill be submitted to ENGINEER and the other party w:rhm sixty days after such occurrence unless ENGINEER aaows an additional pe-tod of time to ascertain more accurate data in support of tae claim. 9.12. When functioning a% interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will nct show par- liali:y to OWNER or CONTRACTOR and will not he I able in connection with any :n:erpretano9 of 6'ecision rendered in good faith in such capacity. The renderirg of a decision by ENGINEER pursuant toparqaphe 9.l0and 9.11 with respect to any such claim. dispute or other matter texcept any w itch have been waived by the making cr Lccerlance of firal pay- ment as provided in parag.ap:i 14.161 std be a cocdmon precedent to any exercise by OWNER or CONTRACTOR of s.ich rights or rened:es as eitner may otl-erw ise have under the Contract Documents or by I aws or Repu a:ions in respect of any such claim, dispute or other matter, Limitations on EA GJAFF.R's Responsitilines: 9 13. Neither ENGINEFR's auihoray to net urder this Article 9 or elsewhere in :he Coitrac: Document. nor any decision made by ENGINEER :n good faith ei:bcr to exercise or no: exercise such authority shall ere rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub- contr actor, an Supplier. or any ni her person or organ:tation perlormmg any of the N or k, or to arty sire:% fur any of t hem. 9 14 \Vhcne%cr in :lc Contra Do;unirr I% the terms "s ordered'.'gas dircCAr-'.'gas ieGii red , as BRJU ed". "ev approved" or terms of like etfe;t or :mrort are uvec . or the adtacti%es "rca%or..h e'-. "suitarle . " i:;ept..lde '•pry per or "satisfactory.' or adect.ves o' like c:fecl cr impart are used to describe a ree ui: en'ent. dircciloi1. rev let% I'r ill.!g-Rnt of EN(INEER .is :o the Work. I: is in.cndcd "tat such recuircment, dreci un. re%rew t•r,udmeat a dl he solely to evalJLle it -c No•k for co-npliance wish the ('orinct Docu- ments I unless there is a cpeci lc statement mdiratirg other- wise). The Lsc of any such term or adlecine shall rot he J 20 I r! I I I I I I I I I I I I I effective to assign to ENGINEER any du:y or authority to supervise or direct the furnish ing or performance of the Work or any duty or authority to undertake respoisibi.ity 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 or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER wilt not be respon- sible for CONTRACTOR's failure to perform or fum:sh the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responstbfe for the acts cr 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, Withoutlava;i.EalinglheAgreemerlandwnhoutnotice to any surety, OWNER may. at any time or from time to time, order additions. deletions or revisions in the Work; these wt'I he aurl-orocd by a Written Amendment. a Charge Order, or a R ork Directive Change. Upon receipt of any such document, CONTRACTOR shall prompt:y proceed with ::re Wurx m'olved wh en w:Il be peretmec under the apphca?le cordit:ons of the Contract Documents :except ;,s o:nerwrse specaical!) provded). 10.2. If OWNER and CONTRACTOR arc unable to agree as to the extent. if any, of an increase or decrease in :ne Contract Price or an extension or snorten:ng of the Contract Time that shot,ld he allowed as a result of a Work Direcae Change, a claim may be made therelur adpros ided in Article II or Ar:ic!c 12. 10.3. CONTRACTOR shall not he entitlee :o an increase in the Contract Price or an extension of the Contras: Time with respect to any Work performed tha::s not required by the Contract Documents as amended. modified and sipple- men:ed as pros vied in paragrap';s 3.4 and 3.5. except In the case of an emergency as prov ded in paragraph 6.22 and except in the case of unco'eing Work as provided it pata- grapn 13.9. 10 4. OWNER and CON CRA('TOR shad clot tiro.tppo- pi mate Change Orders (or \\•ri::er. Alncrldmen,$) c nernc: 11)4.;. chan_cs In the Work ''ii.'h we a -.'e-' h' ON NER pLr J;.nt to r..:.rcr.lrn.i: I rcyt.uaJ heuric of a:cep:ar ee UI Ifeie.'.1 ,' \t Pik timer r-tra ,I p-1 I 1! A, correcting L- e : rite \s'rrK u-Idc- pa•: gi .'ph 1.14 or , re agreed to rs ere parties: 1042. chanzesrrthe C'on:r;s t P: Ice or Contract rime w hrch ate agreed to by the pirl.es: and 10.4.3. changes in the Con:raciPrice orConlractTime which embody the substance of any written decis:or. ren- dered by ENGINEER pt.rsuant to paragraph 9.11. provided that, in !leu of executirg any such Change Order, an appeal maybe taken from any such decision .n accordance with the provisions of the Contract Documents andarplicah:e Laws and Regulations, but during any st.ch appeal. CON- TRACTOR shall carry on the Work and adhere to the prog- ress schedule as pros ided in paragraph 6.9. 10.5. If notice of any change ailec:trig the general scope of :he Work or the prosis;ons of the Cortract Documents (including, but not limited to, Contract Price or Contract Time) is requarea by the provisions of ary Bon.'. to re given to a surety. the giving of any such notice will he CONTRAC- TOR's resr.ons;b;lity, and the amount of each applicable Bond will be adjus:ed accordingly ARTICLE 1!—CIIANGI: OF CONTRACT PRICE I1.I. The Contract P:Ice const:tutes the tort.) comren- sa:ion Isuh•ect :o authorized adjustments) pavib.c to CON- TRACTOR for performing the Woik. AI: cuties. resnonsihd- ilies and ohheatrons ass gned :o or urde-taken ry CON- TRAC'T'OR shall be at his expense witha.t change in :he Contract Price. 11.2. The Contract Price may only he charerd by a Or:cr or by a Written Amendment. Any claim fur Jr. n:rease or decrease in the Contract Pnce shat he haled on written notice delr'ered by the carts mair.g the claim to the other party and to ENGINEER pro:npt.yIhut in noesent laterthar. the:y days) alter the occurrence of the e'en: giv:ng rise :o the claim tine stating :he genera! na:rue of :rte claim. Notice of the amutnt of tie claim uith sLppunirg data sl'a;l he delisere, wuh:n sixty days after such occurrence !unless ENGINEER allows an additiona pe-iod of lime to 'certain more accurate data in suppor: of the cla m) and shall 'e accompanied by claimant's"n:ten sta:emert that the amount claimed coves al, known amounts (direct, indirect and con- sequenl;ul; to w Fish the claimant is cn:i:,ed:.s a result of the occurrerce of sand event. All cl:.urs for ad,us:men: in the Contract Price shat he drerm:ned by ENGINEER in accor- dance "oh paragraph 9.1I if O\\NI:R and CON TRACT OR canrot othcrs'ise agree on the amairl Invoked. No cl..im fm :.n adtwment •n the Contract Price will he '.slid if not suhnut:c.: in accrrdanca's III its pars aph I. I I.'. 11 a value o'I an' \\ o -k uncrea 1•s � ''han,,a Urde. o- of .,nv clarn to- an rncrcasc or dccrcrsc in the Co n;rac: Price sl a I he dacr micd ;n one of -rte It'll." In: ways 11.3.1 V1 here :^.e Work m'nl'cd IN ci'cred I' inn prices :ui(,.;ncJ in arc Contract Drcumcri%. h% a.pplr:a- tion of un.t prises In the cuanuucs of the a: ms ir'on'ed (sub set to the r rcv'IOns o! paragraphs 11.9 1. Ihrl+::gh 11.9.3. mclusne) I I 11.3 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and pro:it not necessarily in accordance with paragrach 11.6 2 I). 11.3.3. On :he basis of the Cost of the Worn Ideter- 1 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 11.7j. I I I I I I f1 I I I I I Cost of the Work: 11.4. The term Cost of the Work means :he 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 he in amounts no higher than Iho,e prevailing in the :ocalit) of the Pmject, shall include only the fo:lowing items and shall not include any of the costa itemized in paragraph 11.5: 11.4.1. Payroll costs for employees :n the direct emp:oy of CONTRACTOR in the performance of the Work under schedules of joD classifications agreed union by OWNER and CONTRACTOR. Payroll costs for employees no: employe: fall time on :he Work shall he apportioned on the basis of their time spent on the Work. Pavro I costs shall incrude. `-ut no: be :invited to, salaries and wages plus the cost of f:Irge-enefis wh:ch ,hall ;ne.ude social secanty con:nhutions. uaemplcyment. excise aria payro,l taxes, workers' or workmen's compcnauon, hea th and retrement benefits, bonuses, sick le:.v e, vacation and hol- iday pas applicable thereto. such emp ogres shal. include saperm:eddents and foremer. at the 'tie. 7 he exp eves of performing work after Icgu.ar wo:kmg hours. on Satur- day. Sunday or legal holiday,, sha:1 re mcicded :-I the above to the extent aathcr..red :y OWNER. 11.4.2. Cost of all matcna:s and equipment fLrrtsncd and incorporated in the Work, mclattmg costs of trans- portation andstorage thereof. and Stpp liers'5cld services required ;n connection therewith. All cash discounts shah accrue to CONTRACTOR unless OWNER der odts fun.:s with CONTRACTOR with which to make payments, ii which case the cash d.scoan:s shall accrue to OWNER. Al trade discounts, rebates and refurds and all returns from sale of surplus materials and euu:pnen: shall accrue to OWNER, and CONTRACIOR shall make pravrsrons so that they may be obtained. 11.4.3. Paymen:s made by CONTRACTOR to the Subcontractors for Work performed -y S..ba:nractors. If required by OWNER. ('ON I SAC 1 OR shal ohta n compel live h:ds from Subcontj aLtors accertah:e to CON' - I RACTOR unit snail de.iver such bids to OWNLR t.no will then determine, w to '-ie ads icc of ENG I N E I - R. "high buds wil. -e accepted. If a st.bconuact pran.dzs that :he Sut•Loriractor is to re p;.id on the basis of Cost of :-ie Work Plus a Fee, the Suhccmractor s Cast of the W,:rK shall be detcrmired in the same manner as CON] R AC - 7 OR's Cost of the Work All suhcontracts shall he schlect to the other provisions of:he Contmc: Documents irsofar as appl:catle. 11.4.4. Costs of special consLltan:s (inc uding hul not limned to engineers. archeects. tes:.ng laho:arories. sur- veyors. attorneys and accountants) employed for son ices speciEca!ly related to the Ware. 11.4.5 Supplemental costs Including the Col; owing: 11.4.5.1. The proportion of recessary transporta- tion. travel and subsidence expenses of CONTRAC- TOR's employees incurred in discharge of du:.es con- nected with the Work. 11.4.5.2. Cost. including transcortatian and main- tenarce. of all materials. supches equipment. -machin- ery, app:iances. office and temporary facdit•es at the site and hand :cols not owne.: bs the workers. wh:ch are consumed in the performance of the N ork. and cost ;ess market value of such items used but riot consumed which remain the property of CON TRACTOR. 11.4.5.3. Rentals of all contraction equipment and machme-y and the pats thereof w he:her rented from CONTRACTOR or others in accordance with renta: aereements aprroved h) OWNER with the ads ice of ENGINEER, and the costs of trarsper:at:on, loading, unloading, irs:allation. disman:ling and remoxal :5ereof—al: in accordance with terms of said ,rental agreemerls. The rental of any such equipment, mac`in- ery orparts shah Lease %her the use I hereof is ro Icnper necessary for the Work. 11.4.5.4. Sacs. consumer, use or similar :axes related to the WtnK. and for which CONTRACTOR is liable. imposed by Law s and Regulations, 11.4.5.5. Deposits lost for causes oth,r than negh- gence of CON 1'RAC TOR.:.ny Su: cor.iractor or any- one directly or mdrect v cmrleved by any of them or for w l-ose acts any of them may he ]table, and royalty pity memts and fees for permits and licenses. 11.4 5.6. Losses and damages Card related expense';. not compensated by insararce or othenvise, to the Work or o:herwne sustained by CONTRACTOR in connection with the perir:narce and fu:nrshmg of the Work (except .osscs and damages within the deductible amounts o: eropertv'nsurance established by OWNER n accordaoce wr:4 raraer:.rh 5.9t, pro- vides they have res.:Itcd ii it causes ,+thcr than the nee igence of CON"] RA( TOR. ,try Suhcon:ractor, cr anyane directly or ird:r ccth errp.oycd :•v : fly it: them or for whose :lets any of them my !e liable. Such ,osscs shall inc.ude scillerrents mace with ttie w rider. conse-tl ,.na a,-.proval of OW N ER. Ne si.cn losses. dam:u es and cxrcnses she.lI ve r1Llr.dcd ir. the Cost of the %%ork !:.r the purpose of acicrmmulg CONTRAC- TOR's Fee. If. however, any such loss or damage I I I I I I P I I I I rl I L requires reconslracron and CONTRACTOR :s ;.laced in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated ir. paragr:ph 11.6.2. 11.4.5.7. The cost of utili:.es. fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as :elegrams.:ong distance telephone calls, telephone secs ice 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 wiih n the limits of the deductible amounts estah.ished by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work 'ha] rot mc!uae any cf the following: 11.5.1. Pavro.1 ccsts and other compensa*.or. of CON. TRACTOR's ufficerc, execwnes, principals lof rar,-ier- ship and sole proprietorships), general managers. engi- neers, a:chirects, estimators, attorneys, at.ditors. accour: rants. purchasing and contracting agents. exped:tors, tEmekeerers, clerks and other personnel enp.o%ed by CONTRACTOR whether at :he site or in CONrRAC- TOR's principal era branch olfice for general administra- tion of the Work and not specif Cady included it. the agreed upon schedule of job class."catians referred to ;n para- graph 11.4 I or specIi ca Iv covered In parsg-apn 11.4.4. all of which are to be considered admiristratne costs covered by the CONTRACTOR'% Fee. 11.5.2. Expenses of CONTRACTOR'% principal and branch offices other than CONT:RACI'OR', office .t :he site. 11.5.3. Any part of (Y)NTRA(TOR's capital cxrerses. including in:erect on CONTRACTOR'S capital enplo%ed for the Work and charges against CONTRACTOR jar delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Document. to purchase an. ma;n!aan ti -c same (except for the cost cf prcm;ums covered b) sub- paragraph 11.4.5.9 abuse). 11.5.5. Costs cue to :1e ne,;!igence of CON I RAC - TOR, any Subcontractor, or anyone directly ui mduectly employed by any of !Item or for whose axis ;:n% o`:'icm rr:.y he liable. irchid mg but not bur ncd lo, :hc c rrcc: on of .h f'rrire Work. dispo%al of n'alert.rls o: equtpn:cnt wrongly supplied ,.rid making Food bnv darwge :e prop- erty. 11.5.6. O:`her overhead or general expense costs ;,1 any kind :rid the costs of anv item not %pet'ilical y .-.nd expressly me used in paraerar.h I1.a COXTRACT0R's Fee. - 11.6. The CON TRACTOR', Fee a.lu.%ed to CONTRAC- TOR for overhead and profit mall he determined as follows: 11.6.1. a mutua:ly accertahle fixed fee: or if none car, 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]. for costs incuned uncle- raragrarhs 11.4 and 11.4.2. the CO\ 1'RACTOR's Fee sha I he Fifteen percent: 11.6 2.2. forces[%incurred under paragraph !I.4 3. the CONTRACTORS Fee shall e f, se percentand if a subcontract is on the basis of Cost of the Work P;us a Fee, the maxirrum al.owable to CONTRACTOR on accou-it of overhead and profit of of Subcen::actors shall !'e fifteen percent. 11.6.2.3. no fee snail he pay.ihle en the basis of costs lcmited under paragraphs II s o..1.4.5 and 11.5, I1 6.2.4. the amount of credit to he allowed by CONTRACTOR to ON%NER for such change wh.ch results iii a net decrease in cost will re the amo.:nt or the ac:ual net decrease outs a ded.icuan in CON TRAC- TOR'% Fee cy an anour.t equal to :en percev of tie net decrease: and 6.2.5. when bath additions and c'ed.ts are m%o!yed in any one charge, the adiustrtent in CO\- TRAC:Y)R', Fee shall be computed on the has 'of the net change in accordance won par -graphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. Whereser the cos: of:.ny Woik s to he detci-nired pursuant to parser.aph 11.4 or 11.5. CONTRACT; )R will submit in form accepuaple to ENGINEER an iterrved cost breakdown together w i:h sappo: trrg data. Cash Allowances: 11.3. 11 is undersiond:hal CONTRACTOR tae included in the Contrac: Price all allowances so r:,mcd in the Contract Doc.imenls and shall muse the Work so cm cred to he ;:one by soul Sur%oniracuors or Suppliers and fur act sums wiam the I:mn of :'te al.ow, nces as may tc .rccepla-Ie to I:NGI- NI:I?R. CONI RACTOR agrees that: H.N.J. The allowances include :`e ens: tc. CON- TRAC IC )R (less at..y arp,ic:.ble trade di'cot nis) of male- na 'a -id eouirment requred h% the akowances to he dcli%- ere .: a the sue. and ..II arp ic:.hle taxes: and 11 9 2. CUNT R.\C:'OR's cosh for unloading hind handhrg on the site. Iat•u-. ;ns:ali..i ion co%:s, o%encccd. prof:r and other expenses cortemplated for the al.'m%ances have been included in the Contract Price and rot in :he I 23 I L I L I I I I I I I I I I L I allowances. No demand for additioral payment on account of any thereof will he vaad. 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- ir.gly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents prcvide that all or part of the Work is to be Unit Price Work. initial:,v the Contract Price u iii be deemed to include for al. Unit Price Work an amount equal to the sum of the establis'ied unit prices for each separately identified i:em of Unii Pr.cc Work Times the estimated yuant:ty of each item as indi- cated in the Agreement. The estimated quanuues of items of Unit Price W'oric are not gLaranteet and arc so:cly for the purpose of comparison of Bien and determining an wit: l Contract Price. lleternirauon.s of the ac:aal cuan- titjes and classifications of Unit Price Work performed by CONTRACTOR will be nude by ENGINEER in acco:- dance with P:.ragraph 9.10. 11.9.2. Each unit rrce will be deemed to mc:ude an amount cons:dcrec by CONTRACTOR to he adcqua:e to cover CON'I RACTOR's rnernead and 7rof.t for each sep- 3ra:el% identi.`.ed :tem. .' 3. W'aere the quantity of an item of Un I Pi c Work p. or-ned by CON'TRACT'OR differs oral aly and sipmh. a from the a<uwLtrd yuar.lit)' Lvh rein indicated in the. emeal and there i< Lonespondirg adjustment urth respc :o any o• ncm of Wrr•c and if CONTRACTOR elie'c at CONTRACTOR has incured additional . rise result thc:cot. (ON - TRACTOR ma ake a c win fora nc-ease in the Con- tract P-tc • accordance wi:a Article : , the panics are tin to agree as to the amcuni of an) sac C:ea%e. (Replacenent; SC -::-9.3't ARTICLE 12 -CHANGE OF CON7 RAC I' T:ME: 12.1. The Cont, act Tine may only rc charged rI a Chance Order or a Written Awencmerl Ann claim fcr.:n extension or shortening of:hc Contract Time shah be based on wnut n notice delivered by the part) masrrg :'lc vUm to :he other parr and to EN(:NEER pronp::s that ;n roe' cit later :hun thirty t.a'sl :,::cr the occurrence of ih: even g' r.. rise to tie claim and sating :le general natt.re of the s ..in:. Ni': Cc of:ne extent of the :Iatri \'ii h 'u rr'r::1f dal:, s1aC be do is - Bred with n sixty da) s utter vuh i•t.cul en.c Unit ss I:N(il- N [ER al ou s an Ld,:1 Nonni period of rule :o as: etl., n more accura:e data in support of :he :lalnu ..nt sh.d -e acc.;r.- paned by Inc claimants "nticn vla:encll: Ili,: tLe a.It•'I- rent clamed is the en:nrc .idlustnent :., wh;ch :1e clantarl has -canon to belie' e it is entitled as a res..lt of tLe resuucn.c of said e'cnt. AI: claims for udjastwent n Inc ('.nn r..ct I me shall he de:ermmec `.'y ENG; N P ER :n accordance with pan - graph 9.11if OWNER and CONTRACTOR cannot ri!hcrwise agree. No claim for an adjustment. in :tie Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2 The Contract Time will he extended in an amount equal to time !ost due to delays he) and the control of CON- TRACTOR if a claim is made therefor as providec in para- graph 12.1. Such delays shall incli.de, but not he limited to. acts or neglect by OWNER or others perfo-trmg add.tior,al work as con:emp.a:ed by Article 7, or to fires. floods, labor dispt.tes. epidemics. abnormal wea:her condi: ors . r acts of God. 12.3. All time hmi:s stated in the Contract Documents are of the essence of the Agreement. The pro'is.oas of :his Article 12 sl—.11 not exclude recover for dan•:ezves unc.uding but not limited :o fees and charges of engineers. arch.tects. attorneys and other rrofess.ocals .:n' cor.lt and a:buration costs) for delay by eirhe• rare). ART.Cl.E I3 —WARRANTY AND GUARAN r1:E: TESTS AND INSP ( I INS: CORRECT TUN. REMOVAL OR ACCLP7.\NCE OF DE hCTIVE \VCRK Warraafs and Gaarauee: 13 I. CO\'I RAC I'OP warrant% ;in., gu iran!ces to OWNER and ENGINEER tha: ,ell WarK'v.11 be .n accor- dance with the Con::act Joc.ments pod wit. no: ^c Jef c:::: e. Prompt notice of al: cefcc:% shall h: finer to CONTRAC- TOR. All .L(rc:ire W'oek. whether or n't n rl;.ve. may he rejected. corrected or accepted as p icv:ded ,n Oh.' Article 13. Access to Work: EN(;;NEER and LNGIN!:LR's rep:cccnati'es. other representatives of OWNER :s: nagencrcc and go\- crrmenta! agena:s"tit iLr.s.:cnor..l irtere'ts will nave access to tie 11'0:katreasen..hetimes orlhrrorerranon.inseailg ant testing. CONTRACTOR sha I pro't.c purer and safe cand i:.or.s for such acce'.s. Tcstr and hopecrionv: 13.3. CON 1R\C'I:1R sh.i:i i el-NGI\E:1:R: me'nr a:c of rcadines• .,I the \I ill. lor.il ICgLued Ill:CLIIL'n'.: C't\ or .Iprr.na <. I1 : If L.ws Or Rca.l..uons o1 ar) puhi l: bed) ha\ult •urls, i llon;L gl.lte..n% \\,,I k for r.n::!ri'coll a sreclt.ca: -c Ir'pectcd. Iesled rr .:rrlrscJ CON RAC' ri1R sill as•uric nil respon•lhlh:1 therefor. r a\ .II test': 1. UanCCt kin Ineres,iln .,nil f.:rrlsn c:\(; i N l.I.R the requited sctif uics of ms-ccnon.:i'sling or .ippnn..l. CON 1 R.\C relit shat a,'0 1 24 I I I I I I I I I I El I I I 11 I I be responsible fur and shall pay all costs .n connection with an) inspection or testing required in connection with OWN - ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to he mccrporated in the Work, or of materials or equipment submitted for approva. pror to CON- TRACTOR's purchase thereof for incorpor ation in the Wo:k k The cost of all inspections. tests and appro' als in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless o:herw:se s:ecified;. 13.5. AlII jft��ell' ,Eir /[�.ri�saNAa' Ufa , •/ f a[ht•t ,c 6yiY fAdo L �doE1.5�6>' 13.6. If any Work (inckLding the work of o:hersi :hat is to be inspected, tested orapprovec iscovered without written concurrence of ENGINEER, it must, (requested h) ENGI- NEER, be unco%ered for observation. Such. Jncoverirg shalt be a: CONTRACTOR[ expense unless CONTRACTCR has given ENGINEER timely nonce ofCONTRACTOR's in:en- lion to cover :re same and ENGINEER has not acted with rea,onanle promptness in resaonse to such notice. 13.7. Neitt.er observation, by ENGINEER nor i'Ispec- tions, tests or arpro acs b> olllers shall relieve CONTRAC- TOR from CONTRAC 1'OR s ehliga:;ons to pertarm the Work in accordance with :hc Contract Documents. Uncovering Work: 13.8 If any WorK is covered eerlrary to the wnnen a ue't of ENGINEER, it mus:.:t requested by ENGINEER, re uncovered for ENGINEER'% m_servauon and replaced at CONTRACIOR's expense. 13.9. If ENGINEER considers It recesn or a�vi.ahlc that covered Work he ohser'cd `v ENGINEER or m'reeteJ or tested by others, CONTRACTOR, at ENGINEER's request, shall unco'er• expose or otherwise make a'allablc for observation, inspection or testing as ENGINEER may require. :h. portion of the Work in question, furmshtng dl necessary labor, material and equipment. If it is found that. such Work is def.'rtn e. CON T RAC'1'OR shall bear al: direct. indirect and corsequer.ual costs of 'uch unco'enng, expo- sure, observation. tr.'pection and :es:'ng and of satrs!actoi recce truenon.linclud.ng hitnot limited to fees and charges of engineers. arehiteca, atto-nc% s and of her ; roicsN or..kl. and OWNER shall he en:rted lO on arpror r Me deLi case n the ('nn'ail Pt.ce. and. if the rattles are'In,l:'I: to, glee as 10 the arnouat thercol. may n',.ke a cl..ur :nerel.r:rs r-.1'rded in Aruoe II It. It.ra ev er. such Work ' not f.urd to :•e drfe, the. CON I RA('TOR 'ha I ^e it oat.: an ncreasc in the ('or tract Pr LL' or arc C'temron .%I tae Crn'-JLI I mac or both..: ircetl' a:Irl hLlarle to 'Lc h uncove-irg. C\pa'LIC. ohser%aucn. tr'pection. :e,::ne ,m,: reccn'iILcnor .cod, if the parties a -e LuJh a to ,.Free a, to the Lnn:unt Cr c'Icnt thereof, CONTRACTOR may make a claim therelor as pro- vided in Articles Ii and 12. Owner May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or sratab:e :hater::, s or equipment, or fails to fum:sh or perform :ne Wo'k 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 rart of OWN ER to exercise this right for the benetit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. If regt fired by ENGINEER. CONTRACTOR shall promptly, as directed, either correct all deje<tr'e Work, whether or not fabricate.. costa led or temp c:ed. or. If the Work has bees re)ected by ENGINEER..emo'e t: from the site and replace it with rondrfecme Work. CON I RACTOR shall bear a!1 cirect, indirect and consequential costs of such corrccticn or remova. t:nclu.;ing bur no: united :o fees and charges of engineers. arch.iec:s. attorneys and other profes- sionals) made necessary :hereby. One I ear Correction Period: 13.1_'. If within one %ear after the dale of SJhciarttal Completion or sucri longer perlcd of tilr.t• as mas he pre- scnbeL' h' Laws or Regl.lations or by the terns of :,ny apph- cali c specia. guarantee required b) the Contract Dt•cunents or by an' specific pro%isior. 'I the Con:•act Documena, any Work is forr-n4 :o be d,'i'rtil e. CONTRACT OR shall rmmplly. wlthcut cost to O\1 NER and in actor dance won OWNER's stutter instructions. either cetrecl scch d, f, pine WcrK. or. if it has been rejected by OWNER. rem.n•e it from the site and replace it with n„nd, /th;1'r Work. If CONI RACTOR does rot promptly ccmrlt wi:h the terms of such nstructans, or in an enle-gency where d&a% 'you.d cause serious risk of toss or damage. OWNER may ha'c the cleferule Work cor- rected or the rejected Work removed and replaced, and all direct. indirect Lad con'egden:ia! costs of such :etro%al and replacement urc,udmg bLt not ;Invited to fee% and caarges of engmcers..rch;iec:s. a::olneys and other: rofcs%ior.,tis) "i1 he paid by CON I'RACTOR. In srccial c;I:Lmstances where a particular item o`egJlpmem n place.: n coitiruaus service rcfore SuhstaatraI Completion of.i I the Work. the co rection ert'd i ,'r that Vert Ina' ,tart to rLn iron an ..hater dale if 'o pro%u:ed :n :he Spvclic.:eons or h% W'-i::cn Amcndmerl. . tccrpwn<e of Drfertnr II ark: :3.13. 11'. n: tad of tequ rl nil co: roc tarn or remO'at and rep.Lcemen: of detrcnlr Work. OWNER :and. rt.or to ENGINI- I.It recomn-end,aon of 'ina. pJ%meii. .1.%o E:NGINFI:Rl,rcfcr%:o:rcLepl L.OWN hRmay doso CON- TRA( TOR 'hal. tear all it rect. indirect and consequen:Ia, 1 25 I I I I I I I H I C J I C I U costs attrihutable to OWNER's evaluation of and determi- nation to accept such defective Work Isuch costs tore 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 Orderwill be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work; and OWNER shall he entitled to an appropriate decrease in the Contract Price, and, if the panics are unab:c to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such recommendation, an appropriate amount will be pad. by CONTRACTOR to OWNER. OW,VER May Correct Defective 11 nrk: 13.14. If CONTRACTOR fails within a reason:thle tine after written notice of ENGINEER to proceed Io correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance wish para- graph 13.! I. or if CON] RACTOR fails to ,-.eriorm the Work in accordance with the Cortract Documents• or if CON- TR4CTCR fails to comply with an) other pro' i io-i of the Contract DocLmerts. OWNER may. after seven c4)i writ- ten notice to CON : RACTOR. correct an remedy any such delicicr.c). Jr. exercis.ng the rights and remedies under :his paragraph OWNER shall proceed cxpeditio: %:y. To the extent necessary to complete corrective and remedial acuon. OWNER may exclude CONTRACI OR I nom al! or part of the site. take possession of all or ,-at: of the Hoak, and suscend C'ON- TRACTOR's services related thereto, take possession of CON! RACTOR's tools, aprliarces. construction egaipment and machinery at the site and inccr;o:ate in the WorK ail matenals and equipment ctorec:J the site or for w his- (JW NER has paid CONTRACTOR but wh:dh are stored elsewhere. CONTRACTOR shall a:low OWNER. OWNER's reprcccn- tatives. agents and emp'o)ces such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direr„ induce: and con- sequential costs of OWNER in exercising such ngnis and remedies wiil be charged ag.t:nat CON'! RACOR .n an amount approved as to reasonableness by ENGINEER, and a Change Order wilt he issued mco:porn:ring :le necessary rcv:sidns in the Contract Documents with respect to the Work: and OR NER shall be entaled to ;n appropriate decrease in the Contract Price. arid. if the parties ate anaHe to at ee as to the amount thereof. OWNER may make a claim, therelor as provided in •\-ticle 11. Suci . iicet. md.r:a and consegaen- ha, costs wi:I inc uac rut no: cc linii:ed to fees and cht,r,:es of engineers. atc'utev t'.. attorne)s and t•the• professionals, at] CO.ht and arritratien costs and a I to.l. of rcp.,ir .n.: rcp!..cemenu n' tore of otbcrs dcstr o'ed or ::.me;er by correction. removal or replacenieri al C0YNTR\CTOR's drtrr'jP'i• Work CON : RAC OR sh..11 root be ..IL'aed in exter.'ion .sl lie Contrdc::'.tire hec cruse alan del n it pe-- fu-m..n:a of the R o: k attr6.nable to Inc exercise hs O\\ NER of OWNER's ;rights and remedies ncrci.n icr. ARTICLE Ii PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of 1'alues: 14.1. The schecule of salues estarlrsltet: as provided in paragraph 2.9 will serve as :he basis for progress pa)menls and will be incorporated irto a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work w I I be basec on the number of units completed. Application for Progress Payment: 14.2. At least twenty days refore each progress payment is scheduled but not :hole olte't that once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment ft!led oat and s.gned h) CONTRACTOR covering the Work completed as of :he date of the Aap.icalion and accompanied by such supporting docLmenIt.tio9 as is requires by'the (ortract Documents. I: payment is requested on the basis of materials ant egt.lpmert not incorporated in the Work but celive:ed and saitah.v stored at the site or at another location agreed to in wr:ung.:!,e Aprlicaticn for Pa)merit shall also he acconpanicd h) a bill of sale. invoice or other documentation warranting :'tat OWNER has recei ed the ma:e:ias and equipment free and clear of all Lnvs. charges, secuniv interests and encumhratces (which are heremat:er in these Geiera! Condriions rete-red to as " l_icns') and evidence :hat the materials and equ pmen: are covered b) appropriate proper!) insurance and other ::non. men:s to protect O\\ NER's :nterrst there:n. all of wh en wr.l be sat- isfactory to OWNER. The amount of -etainace .. th respect to progress payments toll he is stipu.ated in :he Acrcement. C0.VfRACT0R's Warranty of Title: 14.3. CONTRACTOR warrants and guarartcec that tale to all Wo-k. materials and equipment covered by an) Arpli- canon Inr P:nment, whetter incorporated ii the Project or nor. wits pass to OWNER ro !a:er than the time of payment free a -id clear rf a1; Liens. Review of Applications for Progress Payment: 14.4. ENGINEER "ii, wnhm ten days after receipt of each Application for Payment, either nd catc •n writ ng a recomnendc.tron of p;.v non: and present the .App;icat or. to OWNER. or return the Appl:cahon to CON 1 R•\C I OR ii dr- eacng in wri:ng I:NGINEER'% reasons let rclus.ng to rec- omnlend ravmert In the latter case. ('ON IR CTOR •nav make :':e necessary' ctrreelic ns and rc%LI`Mit 7e Arp I.a- tion. I days afic: pi its mutt or o; lie Arpl.ca t or fa- I'a)- ment tt to 1:N(INEER's ;ctonmen.1,.iion. the amount rec- ommcnded w i.! i soh ect to the prim is ors of :he .nl sentence cf praci.ipn 14.. becvn•e doe and when due t. II be rid M• OWNER to CONI RAC] OR. 14.5 ENGINEER'. recommendation of .in pin menl requested n an Aprlicatien ter Payment will constitute a 1 26 I I 11 I I Li j I H I I I I I I C I representation by ENGINEER to OWNER, based on ENGI- NEER's on -site ohservat-ors of the Work in Progress as an experienced and qualified design professional and on ENGI- NEER's review of the Appl:cat.or. for Payment and :he accompanying data an;. schedules that the Work has pro- gressed to the point indicated: that, to :he 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 :he Work as a func::wring whole pnor 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 c!assif.cauors for Unit Price Work under paragraph 9.10. and to any other quallf- 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 o. continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities speci9cally assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the panics that might entitle CONTRAC- TOR to be paid add:t.onally by OWNI-R or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an addi:iona. representa:iun by ENGINEER to OW NER that the cordtrons precedent to CONTRAC- TOR's being entitled :o fina. paymert as set forth ir. paragraph 14.3 have beer, fu.fil!cd. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's or.Iniun. it would he incorrect to make such rerresentations to OWN ER. ENGINEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered evidence or the resul:s of subsequent inspections or tests, nu lify any such payment previously recommended. to iuch extent as may re necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is de ecnve, or completed Work has been damaged :cgLirng correction or replocemert. 14.7.2. the Contrac: Price has beer. reduced by Wi I - ten Amendment or Change Omer. 14.7.3. OWNER has ^een requ,red :o correct Jefer rive W'oi k urcom; lets Work in accordance with Parag-aph 13.14, ur 14.7.4. of ENGINI'.I-.R's actual kn,mttedge cf the occurrence of any of the events enumerates in parag: aphs 15.2 I through 15 2.9 nclust%e. OWNER nosy refuse to brake pas ire lit cf the fu I amourt recommended by ENGINEER because claims hate beer made aeau:st OW N ER oh acourt cd CONTRA TOR's per formance or krrishing of the Wrrk or Liens :cave been tiled in conaccoor. u u i the W ark or there are other items ertrttmg OWNER to a set-otr against the amount recommended, but OWNER must give CONTRACTOR ;mmed.ate wnnen notice (with a copy to ENGINEER: staring :'re reaso-is for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER arid ENGINEER in writing that the entire Work is substantially complete (except for items specifca:ly listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a ccrtifca:e of Su?stan:.al Comp et:on. Within a reasonable time thereafter, OWNER. C ONTRAC FOR and ENGINEER stall make an inspection of the Work to deter- mine the status of comp.ct.on. If ENGINEER does not con- sider the Work substaniiaLy comple:e, ENGIN [ER w ill notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER consiac:s the Work suh<iantra:ly comp.c:e. ENGINEER w ill prepare and del.ver to OWNER a tentative certificate of Substant:al Conp.e:.on which shall :ix the date of Substantial Completion. l here shall ^e attached to the certificate a tentative list of items to he conp:eted or cor- rected before final payment OWNER 'ha I have seven days after receipt of:!ie ten:atise cen:ficate during which to make wnttc- objection to ENG:NEER as :o any provisions of the certificate or attached tbt If. after conrdcriag such obiec- tions, ENGINEER conclues that the Work is nit suhstcn- tiaLy complete. ENGINEER wi I within fourteen days after subnussion of the ten:atise certihca:e to O\VNER notify CONTRACTOR in wri:in . stating :he reasons therefor. If, after cunnleratioh of OW'NFR's objection. ENGINEER considers the Work surstanr;,lly cample:e. ENGINEER mill with.n said for.rteen days execute and de ive::o OWNER and CONTRACTOR a cefinitive cerliEcate of SL.hstan:ra, Completion (with a rcv.•ed tenlatne :n: of items to 'e com- peted or corrected) reflecting such changes front &he tenixive cenr'ic;.te as ENGINEER !•elieves ius:med after consicer- ation alan) objections twin am OWNER. At the time of del: very of the ten:atne certi`ca:e of S,.hstatial Complenon ENGI NEER will eclivc. to OWNER and CONTRACI OR ;i written recommendat.on as to siv stun of responsihdnies pending fina. Payment between OWNER and CONTRACTOR mitts respect to •ecunly. operation, safety. mamtcrance, heat. utr flies, insurance an warant:es. Unless OWNER an. CONTRACTOR agree otherwise ir. writing and so inform ENGINEER p:mr to ENGINEER -s issuing :he dcfnitise certificate of Sabs:ar.tial C.smpletien, ENGINEER's afore- said recommendation m ili he hinging on OW N I- R ;nd CON- TRACTOR until foal paymert 14.9 OWNER shrill have the right in exc.u.:e CON- TRACTOR from tie Work after the date o: Sabstaatr.d Com- pletis•n, hit OWNER sh,r.l ,:low (ON] R.\CTOR i c.iso-,. h c access to complete or correct items cn the tcv,. uric Int. Partial L :Jcinion: 14 10. Use by OWNER of any rnnred pan of the Work. m'iich has spertically been idenuhed in the Contract D,'cu- .7 I I I I I I I I Li Li I I I I I I I ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useah:e part of the Work that can be used by OWNER without sig- nificant interference wi:h CONTRACTOR's performance of the remainder of the W'orK, may be accomplishes pror 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 rise any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR apices, CONTRACTOR w iC certify to OW NER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue acertificateof of Substantial Comp:c:ion for that part of the Work. CON- TRACTOR a! any time may notify OWNER and ENGI- NEER in venting that CONTRACTOR considers any such pan of the \York ready for its intended use and substan- tiaCy complete and request ENGINEER to issue a certif- icate of Substantial Complelion for that part of the Work. Within a reasonable time after tither such request. OWNER. CONTRACTOR and ENGINEER shall make an irspec- tion of that part of the Work to determine its status of compiet:on. If ENGINEER does not consider that part of the Work to be substantial:y complete. ENGINEER %i.l notify OWNER and CONTRACTOR in writing g:vmg the reasons I herefor. If ENGINEER considers that pan of the Work :ore substantially compete, the provisions of para- grapns 14 Sand 14,9 w i!I :apply with respect to cer..fication of Substan:ra: Completion of that part of the Work and the division of responsib.lity tr respect thereof and access the: do. 14.10.2. OWNER may at any time request CON- TRACTOR :n writing to permit OWNER to take ever operation of any such part of the Work allhougn i::s no: substantially complete. A copy of such request will be sent to ENGINEER and witnir. zi reasonable lime there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that ;tart of the Work m determine its status of comp!c:ion and will prepare a is: of the news remaining to he completed or corrected thereon before final payment. IfCON'1 RACTOR does nal object In writ- ing to OWNER and ENGINEER that sack 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 dciive: such li%! to OWNER and CONTRACIOR together with a written reccmrren,auon as to the division of responsih.lities pend ng final payment between OWNER and CONTRACrOR with recpcc: to security. operation. safely. n'aln:enanLe. rill -fines. n%ar- ance. warrant es and guarantees for that prat of the W o -k which veil become h.nJirg upon OWNER aid ('(;N - TRACTOR a: the time %h:n OWNI:R Like, ose- such operation.Hanle»;frysh.ilhne;tthcnsse;gi:e,: n%rit- ing and s., irlormed Ii NG!NEER). Du: mg such operation and prior to Su`stantial Camp er nn of such N1 of the Work. OWNER shat, .i lo% CCN 1 RAC"!OR teasor..h!c access to con:pie:e cr correct :terns or said ;is: ;mJ to complete o:her -elated 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. Final Inspection: 14.11. Upon written notice frorCONTR.ACTORthat 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 defecli:•e. CON TRACTOR shall immediately take such measures as are necessary to remedy such dcfi- crencics. Final Application for Payment: 14.12. After CONTRAC'T'OR has completed all such cor- rections to 'he satisfaction of ENG:NEER and delivered all maintenance and opetatinc instructions, schedales, guaran- tees. Bonds, certificates of inspection, marked -up record documents (as provided :n paraetanh 6.19) and other docu- ments —all as required by :rte Contract Documents, and after ENGINEER has indicated that tfc Work is accenlable isub- ject to the provisions of paragraph la 16). CONTRACTOR may make application for final payrren: fol.ow:ng the pro- cedure for progress payments. The final Application for Pay- mert shall be acconip:.n.ed by all o;i.me,tauon ca led for ir. the Contract Documcn:s.:ogetfer s. nh comrle:e and lecally effective re:eases or waivers tsatisfactory to OWNER) of all Liens arising out of or fled in cor.nectt_ n with the Work. In lieu thereof and as appro%ed by OWNER. CONTRACTOR may furnish recc.pts or releases in fill; an aflidas t of CON- TRACTOR that the releases and receipts inclaae all labor. ser%ices, material and a iitpmen: for which a Lien cot.ld ce fi!cd. and that al payrolls. tnatcnal and equ:pnen: fills. and other insebtedr.ess connected with !ne \\o -k for which OWNER or OW N ER's property might in ary way he respon- sible, have been paid or otherwise satisfed: and consent of :he surety- if arv. to final p aynent. If any Saheonmotor or Suppl,cr Tai,' to furnish a release or receini in `.ill. CON- TRAC l OR may furnish a Bard or other cal ateral satisfac. lory to OWNER to indennrfy OWNER against any Lien. Final Payment and.icccptance: 14.13. If, 01 the ^ash, of ENG:NEER'% observation of the Work curing comtrucuon and final inspenion. and ENGINEER'% :cue% of :re fna. Ar p nation ter P:rymerl and ;,ccomr.insirc docurlen:alien—al ..s reau i:d ry :he Con:: act Documents. I-NGI\i:I-R %,i::,heJ tf..i ths• Work his beer cornpletcd :in ('ON -!R \C:OR'%other 'b ug..i.on% andcr Inc Cortrart Doan ert% nine hr :n lit it cd, ENGI- NI-ER %ill. wnfm ten days ,r::cr i:ccrpt of the final Apr li- canon Tor Payment, m.acatc in %ri: tic ENGI\I !ER'% roc. omme-id.m:n of r•uvrr: rt .x d rresc-tl the Apr l;catiin to 'WV\ER tar ra%-nen:. Ihereuron I.NGINELR witl gi%e n nit,n notice to OW'NI-R and CON'I RACTOR th..i the \%m k is accept;,file su ject to ;he provisi.+n% of paragraph 14.;6. 'S I L I L I I I I I L I I I I II Otherwise, ENGINEER wi.l 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 resuomit 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 b) OWNER to CONTRACTOR. 14.14. If. through no fault cf 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 portior. of the Work fully competed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulates in the Agree- ment, and if Bonds have been furnished as required :n 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 sabnutled by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made uncer the terms and conditions gov- erning final payment. except that :t shad net constt:ate a waiver of claims. Contractor's Continuing Obligation: 1=.15. CON TRACTOR's ocligation to perfo. rr and com- plete the Work in accordance with'.h.e Contract Documents shall he ahso.ute. Neither reccmrrenda:ion of any progress or final payment t,y ENGINEER, nor the issuance of a cer- tificate of Substantial Comp.ction. nor any payment by OWNER to CONTRACTOR under the Contract D cuments. nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance b) OWNER nor any failure to do so. nor any review and arp•osal of a Shop Drawing or sampe submission. nor the issuance of a notice of acccptabiiity by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER wt:l con- stitute an acceptance of Work not :n accordance wuh the Contract Documerts or a re!c;sse of CONTRACTOR's obli- gation to pe:form the Work in accordance with the Contract Documents (except as pros ided in paragraph 14 16). Waiver of Claims: 14.16 The making an acceptance oft nal y:nonill constitute: 14.16.:. a wa ver of al claims by OWNI R agr.unt CONIRACT(1R esccpt c.a:m% ansmc ::om unseuleJ Liens. Yom delei In Warn Lppca•irg after Inn nspee- :.on ptt:%La91 :U p..racranh :4.11 'r Irout l.irure it):iomcly with tie ('en:: c: Do:umerts or the terms of any special guarmtee% cp:cified therein: lo" e%er. it wt I not cemh- lute a waiv:r ry OW NER of an% r ghts in resrcLI tit CONTRACTOR's continuing obligations uncer the Con- tract Docu items: and 14.16,2. a waiver of al claims by CONTRACTOR against OWNER other than those p;eviousl) made in writ- ing and still unsett:ed. ARTICLE :5 —SUSPENSION OF WORT; AND TERMINATION Owner .11 a) Suspend Work: 15.1. OWNER may. at an) time and withcu: cause. sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in w rung to CONTRACTOR and ENGINEER which will fix the dale on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRAC FOR shall be a!lowed an increase in the Contract Price or ar, extension of the Contract Time, or both. directly altributatsle to any suspension if CONTRACTOR makes an approsed c:atm therefor as provided in Articles It and 12. Owner .Way Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. ifCONTRA(TCRcorrmencesavolur..tarycase under any chapter of the Bankruptcy Code (Title II. Urited States Code), as now o. hereafter in effect. cr if CON- TRACTOR takes any egdiva;ent or similar action h) tiling a petit:on or otherwise under any other federal or state law in effect at such time relating to ::re cankraptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bark.uptcy Code as row or hereafter in effect at the time of filing, or if a petition is fr;ed seeking any s;ich ecunaler.t o: similar relief aca.nst CONTRACTOR under any other federal or ctLte law in effect at the :ime : elatirg to bankrupay or insolvency. 15.2 3. if CONTRACTOR makes a general assignment for the bench: of creditors; Is.2.4 if a trustee. recei%er. !I.slodian or agent of CON I R.1CTOR is appointed und. r apphtal•le .;.w or under con:: act. whose a poirt men[ o- au t'ru: it % to :akc charge of property of CONIRACTOR is for ins ru-pace of enforcing a L en acamct %Leh rro,rt.ity or for the purpo'e of g:ne•ol .idmini, -uiio, of %tic'i pr,sp:rty I.lr :^.e hcneft of CONTRAC I OR's creditors 15.2.0 if COS I R.ICI OR : dmtts in w ritire an nabil- it) to pi its deb:s general v as the% become d.te. I.c 2 4. rfC ON I (ACTOR rers:ventl% fads ti r erform the Work in accordance with rho ('untiacl Doc:;mer•is 1 29 L I I I I I I Li I I I I I Li I (including, but not limited to. failure to supp:y 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 Con:mct Docu- ments; OWNER may. after giving CONTRACTOR (and the surety. if there be one) sever. 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 rnachinery at the site and use the sane to the full extent they could he used by CONTRACTOR (without liability to CONTRACTOR for trespass or conve rsion ), i ncorpora:e in tare Work al. materials and equipment stored at the site or for which OW NER has paid CONTRACTOR hat which are stored e:sewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shal: not he entitle, to receise any further payment until :he Work is finished. If the unpaid balance of the Contract Price exceees the drect, indirect and consequential costs of completing the Work tircludikg hi: not limited to fees and charges of engineers, architects, attor- neys and other professrnna.s arid court and arbitraticn costs) such excess wi;l be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shat pay the difference to OW NER. Such costs •ncurred by OWNER will be approved as to rcasoiableness b} ENGINEER and :ncor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall no: "e required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have peen so terminated by OWNER, :he termination wi.l not ;.rfect any rights or remedies of OWNER acatns: CONTRACTOR then existing or which may the-eafter acc-ue. Any retention or paymen: of moneys due CONTR.ACTOR by OWNER will not release CONTRACTOR from l.abi it 15.4. Upon seven days' wntten no:•ce to CONTRAC- TOR and ENGINEER, OWNER may, without cause and without prejad:ce to any other right or remedy, e,ect to aban- don the Work and terminate the Agreement. In such case. CONTRACTOR wall be paid for all 11 ork executed and any expense sustained plus reasonable terminattor expenses, which will include, but not be limitea to. direct, indirect and con- sequential costs Iincluding, but not limned to, fees and charges of engineers. architects. attorneys an a other professionals and court and arhitra:.on costs). Contractor ,stay Stop 0 ork or Terminate: 15.5. If. through no act or fault cf CONTRACTOR. the Work is suspended for a perioc of more than ninety days by OWNER or under at'. order of court or other public authority. or ENGINEER fails to act on any Appl:ca:ion for Payment within thirty cays after it is surmwed. or OWNER fails for thirty da}s :o pa} CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR -nay, upon seven days' written notice to OWNER and F.NGINI. ER.:erm:nate the Agreement and recover from OWNER payment for al: Work executed and am expense sustained pus reasonable termination expenses. In addition and ir. lieu of terminating the Agreement. if ENGINEER has la;led to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRACTOR nay upon seven days' written notice to OWNER and ENGINEER s:op the Work urld payment of all amounts then due. The provisions of this paragrapa sha!I not relieve CONTRACTOR of the ob'rgations under paragraph 6 29 in carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. jThe remainder of Ih.s page w as !eft ;l;atlk iracntienally.l I 30 I I I I I I I I I I I I I I I I ARTICLE 16 —ARBITRATION 16.1. All claims, disputes and other mailers in question between OWNER and CONTRACTOR ansing out of, or relating to the Contract Documents or the breach theiecf (except for claims which have been waived by the making or acceptance of final payment as provided by paragrapn 14.16) will be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the Americar. Ar5t- 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 :6 will 'e specifi- cally enforceable under the prevailing law of any court ha, ir.g 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 la) the date on which ENGI NEER has rendered a decision or (b) the tenth day after the parties have presented they evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, diptie or other matter will be made later Char, thirty days alter the dale on which ENGINEER has rendered a written decision in respect :hei cot' in accordance with paragraph 9.1 I: anc the failure to demand arbitrdtion within said thir:y days' period shall result in ENGINEER'S decision being final and binding upon OWNER and CONTRACTOR. If ENGINFER renders a decision after arbitration p: oceedings have been ,nit:ated. such decision maybe en:eyed a, evidence but will not st.penede the arbitration proceedings. cxcep: wnere the decision is acceptable to the parties concerned. No demand for arbitra- tion of any wntter. decision of ENGINEER rendered in accordance with paragrapn 9 10 wal he made later than ten days after the party making such demand has delivered wnt- ten notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand forarhnration wilt he 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 lh:rty-day or ten-day period spec:iied in paragraph 16.2 as applicable. and :n all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no evert sha.l any such demand be mace after the date when institution of legal or equitable proceedings based on such claim, dispi.te or other maaer in question would be barred by the applicable statute of limi- tations. 16.4. No arbitration arising oi.t of or relating to the Con- tract Documents shall include by corsoiidat:on.joinder or in any other manner any other person or entity (including ENGINEER. ENGINEER's agents. empioyees or const.l- tants) who is not a par.y to this contract unless 16.4.1. the inclusion of such other person or en::ty is necessary if complete relief .s to he atforded among those who are already part:es to the arbilration, 16.4.2. such other person or entity is substan:ia.ly involves'. in a queslion of law or fact which is common to those who are already parties to tae ai b.uation and which will anse in such proceedings, and 16.43 the w-i^en corsent of :he other person or entity sought to be included and of OWNER and C'ONTRAC- 'TOR has been obtained fur such inclusion. which consent shall make specific reference :o this paragraph: but no such consent shat. con,t:lute consent to arbitration of am dispute not speci9call) describes in such consent or to arbitration with any party not specifically idenii:ied in such consent. 16.5. The award rendered by the arbitrator will be final, judgment may be entered upon it in any court having juris- diction thereof. and will not be sub;cct to modification or appeal except to the extent permitted by Sections 10 and II of the Federal Arbitra::or. Act t9 C.S.C.. 1410.11). [The remainder of this page was :eft blank intent:onal!y I 31 I ' ARTICLE 17 —MISCELLANEOUS I I I 17 I LJ I I I I I I I Giving Notice: 17.1. Whenever any pro%ision of the Contract Docu- ments requires the giving of wntten notice, it will be deemed to have been validly gisen 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 ifdel:vered at or sent by registered or certified mail, postage prepaid. to the :act business address known to the giver of the nonce. Computation of Time: 17.2.1. When any period of time is referred loin the Contract Documents by days. it will be compared to escluce the first and inc:ude the last day of such period. If :he :ast day of any such period falls cn a Saturday or Sunday or on a day mace a legal holiday by tie law of the applicahle jurisdiction, such day will De omitted from the coatruta- lion. 17.2.2. A carendar day of twenty-fou•r hours neascied from midnight to the next midnight shall constitute a day. General: 17.3. Shoild OWNER or CONTRACTOR suffer injury or damage to person or proper} because of any e:ro-. omiv- Sion or act of he other party or of any of the other party's employees or agents or others for whose ac:s the other party is legally liable, claim will be made in wrung to the o:her party within a reasonable time of the firs: observance of such injury or damage. The provisions of th.s ,paragraph I'.3 shal. no. he construed as a substitute for or a waiver of the pro- visions of any applicable statute of'imitaticns or repose. 17.4. The duties and obligators imposed by these Gen- eral Conditions and the rights and rerneines ava.lah-e here- under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and Ohl c&tions imposed upon CONTRACTOR by paitgrapns 6.?0. 13.1, 13.12. 13.14. 14.3 and 15.2 and a:I of the rights and rerred:es avai.ahle to OWNER and ENGINEER mereunder, are in adauion to. and are not to be construed in any way as a Jim ration af, any rights and remedies available to an or all of them which are otherwise imposed or available by Lae s or Regulations. by special warranty or guarantee or by other r rosisions of the Contract Documents, and the provisions of th.s paragraah will be as effective as if repeated specilcalh n the Contract Documents in connection wuh each parlicu:ar duct. oblica- lion. right and remedy to which they cpply..All representa- tions, svarran:ies and guarantees trade in :tie Contact Doc- umer.ts will survive final payment an.: termination or com- pletion of the Agreement. 3n 1 r H J TABLE OF CONTENTS Li I H I F I I I I I El I I OF SUPPLEMENTARY CONDITIONS SC -1 Definitions and Abbreviations SC -1 SC -2 Preliminary Matters .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC -3 SC -4 Availability of Lands; Physical Conditions; Reference Points . . •m SC -3 SC -5 Bonds and Insurance SC -3 SC -6 Contractor's Responsibilities SC -6 SC -7 Other Work ...................................... 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 -11 SC -13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work SC -11 SC-i I Supplementary Conditions r-' I I I I I I 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. SCE 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 duly 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 'Mayor" and "City Clerk" shall mean, respectively, the Mayor and City Clerk ' of 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. I The words 'Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. 1 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. 1 The word "Advertisement' shall mean all the legal publications pertaining to the Work of this Contract. LThe 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 Supplementary Conditions I for Bids.' ' Whenever the following abbreviations are used, they shall have the meanings given below: 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 L A - ampere cfm - 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 ISupplementary Conditions I,S-2 PRELIMINARY MATTERS ' Add the following language at the end of paragraph 2.2 of the General Conditions: SC -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. 1 C-2.7 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.' $C-4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS -4.2.1 Explorations and Reports Add the following language at the end of paragraph 4.2.1 of the General Conditions: ' In the preparation of Drawings and Specifications, the ENGINEER has relied upon: 4.2.1.1 Report dated December 2,1991 , prepared by Grubbs, Garner I & Hoskyn, Inc. Consulting Engineers of Little Rock, Arkansas, entitled: Subsurface Investigation, Walton Arts Center Parking Lots, Fayetteville, Arkansas.' This report is not a part of the Contract Documents, but the technical data contained therein upon which CONTRACTOR is entitled to rely as provided in GC -4.2 and as identified and established above are incorporated therein by reference. Copies of this report may be examined by prospective bidders at the ENGINEER'S or ' OWNER'S offices during regular business hours. 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 1 sufficient. No employers' liability, public liability or workmen's collective insurance policy ' SC -3 Supplementary Conditions I shall be written in any casualty company not authorized to do business in the State of t 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 I 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 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 1 paragraphs 5.3.3 through 5.3.6 of the General Conditions): $1,000,000 Combined Single Limit 1 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. SC -5.3.7 Comprehensive Automobile Liability Bodily Injury: I $ 500,000 Each Person $1,000,000 Each Occurrence Property Damage: 1 $ 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: i SC -4 I Supplementary Conditions 5.,g 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. Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: ' E& Prooerty Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full ' insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and 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- risk • insurance 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 1 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: 5_7 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 1 SC -5 Supplementary Conditions I CONTRACTOR to protect the OWNER against all losses, the f CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC_5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 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. 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 mall such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives' wording will be deleted from certificates. SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. .12 Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. $C-5.14 Acceptance of Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. 6 CONTRACTOR'S RESPONSIBILITIES I SC -6.23 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.23 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 I SC -7.5 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, indemnity 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 SC -6 , I Supplementary Conditions I I I I I I I II I L I I I I I 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 any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. 8 OWNER'S RESPONSIBILITIES SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. S -9 ENGINEER'S STATUS DURING CONSTRUCTION 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 Resident Project Representative. 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. I SC -7 Supplementary Conditions 1 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 1 as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes , thereof. 3) Unison. , 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. I b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample it the submittal has not been approved by ENGINEER. 5) Review of Work. Rejection of Defective Work Inspections and Tests. a) Conduct on -site observations of the Work in progress to 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. SC -8 ISupplementary Conditions 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 to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9) Reports. 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 1 SC -9 supplementary Conditions I and other data required to be assembled and furnished by CONTRACTOR , are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12) Com lep tion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 1 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). I Resident Project Representative: shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. ' shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. I • shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. I • 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. • shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. • shall not accept Shop Drawing or sample submittals from anyone 1 other than CONTRACTOR. • shall not authorize OWNER to occupy the Project in whole or in part. I shall not participate in specialized field or laboratory tests or Inspections conducted by others except as specifically authorized by ENGINEER. I I SC -10 I I I -1 CHANGE OF CONTRACT PRICE SC -11.9.3 Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby 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 and adjustment under the following conditions: 11.9.3.1 If 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 other Item of Work; and 11.9.3.3 if CONTRACTOR believes that it has incurred additional expense as a result thereof; and 11.9.3.4 If OWNER believes that the quantity variation entitles it to an 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. Tests and Inspections. Paragraph 13.5 of the General Conditions is hereby deleted In its entirety and the following is substituted in its place: All inspections, tests or approvals other than those required by Laws or 1 Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. L I I I I I SC -11 ' Section 100 Project Requirements TE.QHNIQAL $PEQIFIQATItZN$ WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE Fayetteville, Arkansas • Plans No. Fy-212 January 1992 I 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: Construction of Walton Arts Center Parking Lot - Dickson Street Site and School Avenue Site: Clearing and grubbing, removal and disposal of ' structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course QB Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, water lines and yard hydrants, lighting, electrical work, and all work required for a complete and acceptable installation in accordance with the Plans and Specifications. ' B. SEQUENCE OF WORK After the contract, bonds and certificate of insurance have been furnished to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the contract time will commence. The Contractor shall complete the contract within 75 calendar days after the issuance of the Notice to Proceed. 1 1 100-1 Section 100 ' Project Requirements I C. 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. D. CONTRACTOR TO FURNISH EQUIPMENT. MATERIALS AND MANPOWER I 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. I The Engineer shall provide at least two horizontal and vertical control monuments on -site. It shall be the Contractor's responsibility to protect these monuments during the course of the contract Any replacement costs insured to reset these monuments shall be at the Contractor's expense. The Contractor shall furnish all other lines, grades and bench marks for proper execution of the work. E. SUNDAY. HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or I legal holidays, except work as Is necessary for the proper care and protection of work already performed, or in case of any emergency. F. SECURITY The Contractor shall be responsible for protection of the site, and all work, materials, 1 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 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. G. 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. C 100-2 r I Section 100 I • :. I : • U TIll iitl,i._ H. 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. ' I. DUST CONTROL 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. J. 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. I I II I fI Ii I 'lH 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 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. t1 ;T.I41.Xt.iiRHiI.)I 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. L. 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. I 100-3 Section 100 1 Project Requirements I M. TREE AND PLANT PROTECTION All trees and other vegetation (including grasses) shall be removed from the site within I 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. ' Barriers (protective fencing) shall be 'Safety Grid • (as manufactured by Tensar Polytechnologles, Inc.), or equal. Protective fencing shall be secured to steel 'T' fence posts at 10 feet on centers. N. MONTHLY ESTIMATES AND PAYMENTS , On or about the last Friday of each month the Engineer will make an approximate estimate of the value of the work done and materials furnished in place on the work during the previous calendar month. He will also include the cost value of freight for equipment and materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide In the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor the amount of such estimated value of materials furnished and work done during said previous calendar month, less retainage as provided by state law. If the Owner shall at any time fail to make the Contractor a monthly estimate at the time herein specified, such failure shall not be held to vitiate or void the contract. O. CONNECTIONS TO EXISTING FACILITIES Unless otherwise specified or indicated, Contractor shall make necessary connections to existing utilities such as water, sewer, telephone and electric. In each case, Contractor shall receive permission from Owner or the owning utility prior to undertaking connections. Contractor shall protect facilities against deleterious substances and damage. Connections to existing facilities which are in service shall be thoroughly planned in ' advance, and all required equipment, materials and labor shall be on hand at the time 100-4 1 • • I I: •_ I Y• 11 • • • ♦: • Y• • • • • Y I Wu• • • 1 - : i -we,I• • I• :• •:Y 1• • Y •:• I 0. LOCATION OF DISPOSAL SITE It shall be the Contractor's responsibility to dispose of all demolition materials from the 1 sites in accordance with local, state and federal guidelines. The Contractor may dispose of the materials at a site where he has approval. 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. R. STOCKPILE OF MATERIALS No materials are to remain on -site unless directed by the Engineer. S. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials and equipment orders, receipt of materials and equipment, manpower, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. ' With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall have submitted all approvable critical path scheduling at least ten days before submission of the first application for payment. On the last Friday of each month, the Contractor shall submit to the Engineer critical path progress status reports and revised schedules as required to show completion of the project. All drives, entrances, curb and gutter, drainage conduits, pavement, lighting and pavement marking must be completed on or before April 24, 1992, to provide for parking for the Walton Arts Center's first scheduled performance. 1 T. USE OF EXPLOSIVES The use of explosives is not allowed on this project. J 1 100.5 Section 100 Project Requirements I L. .uujj1UJ. .. . .: equipment,1 . .: • :. • . • o :• 1 . • - 1 1 • • .1:11:111.1 - • • c . r • 1 - • . - i 1 •: •M :. • 1 - - - .: �. ••1 .• I END OF SECTION 1 I I I I I I I [I 100-6 r I Section 170 ASHTD Standards I I TECHNICAL SPECIFICATIONS ASHTD STANDARD SPECIFICATIONS REFERENCE ' A. GENERAL The following specifications are hereby made a part of these Specifications by reference. ' The following specifications are contained In the Standard Specifications for Highway Construction, Edition of 1991, published by the Arkansas State Highway and Transportation Department. The page numbers given below refer to pages in said • Standard Specifications. Wherever Standard Specifications are mentioned in these ' Specifications, it shall mean the above publication, or the latest amendments thereto. Any changes or modifications to the Standard Specifications for this project are listed ' following the individual section to which the changes are referenced. In all cases, the methods of measurement and payment, are hereby superseded, and shall be as set out in Section 1200 of these Specifications, Methods of Measurement and Payment. iThe Standard Specifications for Highway Construction are available for Inspection in the Engineer's office, or they may be obtained from the Arkansas State Highway and ' Transportation Department, Little Rock, Arkansas. Section Page No. B. EARTHWORK AND SITE PREPARATION (Division 200) 1. Control of Material, Section 106 41-51 Fill material shall be provided by the Owner. The location of the borrow ' area is the Grigg property, located in Springdale, Arkansas. The Grigg pit is further described as being just north of the Johnson, Arkansas city limits on South 45th Street and approximately one-half mile north of ' Great House Springs Road. Borrow Site. The Contractor shall clear and strip all topsoil and ' underbrush within the area from which the borrow material shall be taken. The above material shall be moved to areas an the site as directed by the Engineer. Some minor clearing is anticipated to gain access to the disposal area. The Contractor shall protect all culverts as necessary for the prosecution of the work. After all material has been removed from the borrow site, the Contractor shall clean up and grade the pit area as to provide uniform slopes and to prevent excessive erosion. Plastic soils should have a minimum plasticity index of 8 and a maximum plasticity index of 18, so as to avoid objectionable silty or high plasticity soil characteristics. In addition, to avoid potential compressive materials, 'they shall have a liquid limit of 45 or less. 1 170-1 Section 170 ' ASHTD Standards I Acceptable Unified Soil Classifications include GW, GP, GM, GC, SW, SP, SM, SC, CL and ML soils satisfying the liquid limit and plasticity index criteria. Unsatisfactory soils include MH, CH, OH, PT, and soils whose Atterberg limits are beyond the specified limits. 2. Clearing and Grubbing, Section 201 . . . . . . . . . . . . . . . . . . . 93-98 1 3. Removal and Disposal of Structures, Section 202 ......... 99.103 4. Removing and Replacing Base Course and Asphalt Surfacing, Section 209 . . . . . . . . . . . . . . . . . . 111-112 5. Excavation and Embankment, Section 210 .............. 113-126 All density testing, modified and standard Proctors and in -place densities ' of grading and backfill, including determination of soil classifications, plasticities, and Atterberg limits, shall be performed by a laboratory acceptable to the Engineer. All costs associated with testing shall be borne by the Contractor. The number of tests required shall not be less than one per 2,500 square feet per lift for parking. 6. Subgrade, Section 212 ............................. 129-132 C. BASES AND GRANULAR SURFACES (Division 300) I 1. Aggregate Base Course, Section 303 .................. 145-149 ' Aggregate base course shall be Class 7 or 8, crushed stone. D. ASPHALT PAVEMENTS (Division 400) 1 1. Prime and Tack Coats, Section 401 173-176 2. Materials and Equipment for Prime, Tack and Asphalt Surface Treatments, Section 403 .......... 183-188 3. Design and Quality Control of Asphalt Mixtures, Section 404 189-195 4. Asphalt Concrete Hot -Mix Surface Course, Section 407 203-206 Asphalt concrete surface course shall be Type 3. 5. Materials and Equipment for Asphalt Concrete Hot -Mix 1 Binder and Surlace Courses, Section 409 .......... 218-232 6. Construction Requirements for Asphalt Hot -Mix Binder and Surface Courses, Section 410 233-245 i I 170-2 1 Section 170 ASHTD Standards RIGID PAVEMENT (Division 500) Portland Cement Concrete Pavement, Section 501 ........ 257-288 The minimum 28 day compressive strength shall be 3,500 psi when tested in accordance with AASHTO T 22. Prior to construction of Portland cement concrete paving, the Contractor shall submit a detailed joint layout plan to the Engineer for approval. The joint layout plan shall show all construction, expansion, contraction joints with dimensions, spacing and joint details. Contraction joints shall be spaced at an optimum distance of 8 to 10 feet and they may be sawed. The ratio of length to width spacing of the joints shall not exceed 1:15 with a 1:1 ratio being optimum. Construction joints shall be of the keyed or doweled type. The joint pattern and design shall be developed by a qualified pavement engineer. Materials and operations shall be tested as the work progresses. The cost of all field testing of materials and work shall be borne by the Contractor. The testing laboratory shall be one recommended by the Contractor and approved by the Engineer. Testing will be performed generally as set out below. For each 50 cubic yards of concrete placed or for each run representing a unit or portion of a finished structure, whichever is less (i.e, footing, wall, floor slab, columns, roof slab, etc.), the following tests shall be performed: Composite samples shall be served in accordance with ASTM C172-71 (Reapproved 1977) Standard Method of Sampling Fresh Concrete.' Mold and laboratory cure three specimens from each test required in accordance with ANSLASTM C31-69 (Reapproved 1975) 'Standard Method of Making and Curing Concrete Test Specimens in the Field.' Test the specimens in accordance with ANSLASTM C39-72 (Reapproved 1979) Standard Test Method for Compressive Strength of Concrete Specimens.Two specimens shall be tested at 28 days for acceptance and one specimen shall be tested at seven days for information. The slump of the normal -weight concrete sample for each strength test shall be determined in accordance with ANSLASTM C143-78 'Standard Test Method for Slump of Portland Cement Concrete' Determine the total air content of a normal -weight concrete sample for each strength test in accordance with ANSI/ASTM C238-83 Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method; or In accordance with ANSI/ASTM C138-77 Standard Test Method for Unit Weight, Yield, and Air Content (Gravimetric) of 170-3 Section 170 ASHTD Standards Concrete The Contractor, at his option, and under the direction of the Engineer, may secure and mold samples and perform the tests specified in ASTM C238-83, provided he has the necessary equipment for securing, molding and testing as set out in the referenced standards, and performs these tasks in strict accordance with the referenced standards. Any questions arising as to whether the tests are being performed in accordance with these standards, or whether an approved laboratory should be used, will be decided by the Engineer. 2. Reinforcing Steel for Pavement, Section 502 ............. 289-290 3. Approach Slabs and Gutters, Section 504 1111........... 294-297 4. Portland Cement Concrete Driveway, Section 505 ......... 297-298 F. INCIDENTAL CONSTRUCTION (Division 600) 1. Pipe Culverts, Section 606 . . . . . . . . . . . . . . . . . . . . . . . . . 2. Precast Reinforced Concrete Box Culverts, Section 607 ... 3. Drop Inlets, Section 609 ........................... 4. Pipe Underdrains, Outlet Protectors, and Covers, Section 611 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Seeding, Section 620 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Temporary Erosion Control Items and Devices, Section 621 . . 7. Solid Sodding, Section 624 ......................... 8. Topsoil Furnished and Placed, Section 628 9. Concrete Walks and Steps, Section 633 .........1111.. . 10. Curbing, Section 634 ............................. 11. Roadway Construction Control, Section 635 ............ . G. TRAFFIC CONTROL FACILITIES (Division 700) 339-349 349-350 354-357 358-361 383-389 390-397 403-406 415-416 425-426 427-430 430-432 I I J H I I I I I I I 1. Reflectorized Paint Pavement Marking, Section 717 ........ 492-501 ' H. STRUCTURES (Division 800) 1. Excavation and Backfilling, Section 801 ................. 543-549 2. Concrete for Structures, Section 802 . . . . . . . . . . . . . . . . . . . 549-604 Concrete for structures shall be a minimum of 3,500 psi at 28 days (5.5 bags per cubic yard minimum cement content.) See Section 501 above for testing requirements. I 3. Protective Treatment for Concrete, Section 803 ....1111... 605-606 4. Reinforcing Steel for Structures, Section 804 11.........11 606-613 END OF SECTION I 170-4 I I H TECHNICAL SPECIFICATIONS ILANDSCAPING A. GENERAL The work to be included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, tools, supplies and Incidentals necessary for landscaping. The work shall include every item of work necessary for complete and acceptable landscaping as shown on the Plans and as hereinafter specified. 1. Description of Work. The extent of landscape development work Is shown on the Plans and in the Schedule. 2. Quality Assurance. Plant materials to conform to American Standard for Nursery Stock ANSI Z60.1. ' Plant names conform generally with "Standardized Plant Names,1942 American Joint Committee on Horticultural Nomenclature. Pruning and related tree work to conform to latest revision of National Arborist Association Standards. ' 3. Submittals. Samples of all materials shall be submitted for testing and/or acceptance when requested by the Engineer or required by these Specifications. Provide affidavits from manufacturers and/or suppliers where required by these Specifications. Provide list of suppliers and items supplied for approval prior to tagging or delivery. ' 4. Guarantee. One year from substantial completion of the project or acceptance of the planting, whichever Is later and at no additional cost to the Owner, the ' Contractor shall replace any tree, ground cover or sod that is dead or that Is, in the opinion of the Engineer, in an unhealthy or unsightly condition, or that has lost its natural shape due to dead branches or excessive pruning. All replacement planting is to be done no later than the next planting season succeeding the time at which the Engineer directs the Contractor to replace the planting or during the current season. B. MATERIALS 1. Topsoil. Topsoil required to complete the work of the planting shall be furnished by the Contractor. Topsoil shall be a 'fine sandy loam" or a "sandy loam' determined by mechanical analysis and based on the U.S.D.A. classification system. it shall be of uniform composition, without admixture of subsoil. It shall be free of stones, lumps, plants and their roots, debris and other extraneous ' 243-1 matter over 1 inch in diameter or excess quantities of smaller pieces of the same materials as determined by the Engineer. Acidity Range: pH 6.0 to pH 7.5. Soluble Salts: Not more than 75 parts per million. O -A Sod shall consist of a densety rooted growth of Zoysia grass substantially free from noxious weeds and undesirable grasses. The sod shall be cut in uniform strips with a minimum of 1 inch of root depth approximately 12 inches in width and not less than 12 inches in length but not longer than can be conveniently handled and transported. Seed. Annual rye grass seed for overseeding shall be labeled in accord with current rules and regulations of the Arkansas Plant Board and shall have a minimum of 98 percent pure seed and 85 percent germination by weight and contain no noxious weed seeds. 3. Testing. Mechanical and chemical (pH, soluble sails) analysis shall be by a public extension service agency or a certified private testing laboratory in accordance with the current 'standards" of the "Association of Official Agricultural Chemists." Provide representative samples for testing and approval. Deliver samples to testing laboratory, have testing report sent directly to Engineer and pay all costs. Topsoil shall not be delivered or worked In a frozen or muddy condition. a. Water. Water shall be free from ingredients harmful to plant life. Hose and other watering equipment wilt be furnished by lawn and planting contractor. b. and. Sand shall be a coarse builders' type sand with no particles greater than a 2 mil diameter, with 30-50 percent passing a 100 mesh sieve, and nothing passing a 200 mesh sieve. c. Peat Moss. Brown sphagnum moss peat, conforming to ASTM D2607, free of woody materials and of mineral matter such as sulphur and iron, and shall have a pH value between 4 and 5. Deliver air dry in standard bales. d. Mulch. Pine Mulch. Mulch shall be free of molds and contain only ground pine bark. e. Tree Wrap. Heavy 4 inch wide brown Kratt with bituminous inner coating manufactured by W. E. Clark & Son, Orange, CT, or approved equal. n [1 I C L I I I I I El I I I H I 243-2 ' Section 243 Landscaping f. Fertilizer. Commercial complete standard product complying with State and Federal Fertilizer Laws. Deliver to she in original unopened containers with manufacturer's guaranteed statement of analysis or furnish Engineer with manufacturer's certificate of compliance covering analysis. ' Fertilizer shall be a commercial grade, uniform in composition, free flowing and suitable for application with mechanical equipment, delivered to the site In labeled containers conforming to current Arkansas Fertilizer Laws and bearing the analyses of the available nutrients which shall be 10-20-10 (nitrogen -phosphorus -potash). Fertilizer shall be applied to areas seeded at a rate of 20 pounds per 1,000 square feet. ' At least 50 percent by weight of the nitrogen content shall be derived from organic materials. Fertilizer shall be uniform in composition, free -flowing and suitable for application with approved equipment. ' g. Aluminum Sulfate (If required by Soil Analysis). Commercial grade, unadulterated and delivered in containers with the name of the material, name of the manufacturer, net weight of contents. h. Limestone (if required by Soil Analysis). Agricultural grade limestone ground to pass an 8 mesh sieve with 25 percent passing a 100 mesh sieve shall be furnished. In addition, a calcareous limestone shall contain not less than 50 percent calcium oxide, and dolomitic limestone shall contain ' not less than 40 percent magnesium oxide. Coarser materials will be acceptable provided the specified rates of application are increased proportionately, on the basis of quantities passing the 8 mesh and ' 100 mesh sieve, but no additional payment will be made for the increased quantity. II. Seed. Seeding shall be completed in accordance with Section 620 of the Standard Specifications for Highway Construction as published by the Arkansas State Highway and Transportation Department, except that the i seed shall be hulled Bermuda grass seed applied at the rate of one (1) pound per 1,000 square feet. 5. Plant Materials. Furnish and plant all plants shown on the Plans and/or the Plant List as specified. All plants shall be nursery -grown. Unless specifically noted otherwise, all plants shall be of selected specimen ' quality, exceptionally heavy, symmetrical, tightly knit, so trained or favored in its development and appearance as to be unquestionable and outstandingly superior in form, number of branches, compactness and symmetry. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous plants with well ' 243-3 tt rre developed root systems. Plants shall be free of disease, insect pests, eggs or larvae. Plants shall not be pruned before delivery. Trees which have a damaged or crooked leader, or multiple leaders, unless specifically specified, will be rejected. Trees with abrasion of the bark, sun -scalds, disfiguring knots, or fresh cuts of limbs over 1-1/4 inch which have not completely calloused, will be rejected. Shipping. All plant material being transported shall be covered. Substitutions. When plants of kinds or sizes specified are not available within a 300 mile radius, substitutions may be made upon request by the Contractor, if approved by the Engineer. Sizes of trees and shrubs shall be in accordance with specifications in the 1 Standard for Nursery Stock, ANSI Z60.1. 1 I I Li L F All plants shall be in accordance with the measurements specified in the Plant List, or larger (after pruning). When a range of sizes is given, at least one-half of the quantity required shall be equal to or be larger than the median of the size range. Plants shall be subject to inspection and approval upon delivery for conformity of specification requirements as to quality, size and variety. Balled and burlapped (B&B) plants shall be dug with firm natural balls of earth, of sufficient diameter and depth to include most of the fibrous roots and conforming to Standards for Nursery Stock, ANSI Z60.1. No plant moved with a ball will be accepted if the ball Is broken before or during planting operations except upon special approval of the Engineer. No plant shall be bound with wire at any time so as to damage the bark or break the branches. C. EXECUTION 1. Sodding. The Contractor shall fine grade and prepare soil to accept sodding to the satisfaction of the Engineer. Sod shall be moist when placed, and shall be laid along contour lines, by hand, commencing at the lower elevation of the area to be sodded and working upward. Transverse joints of sod strips shall be staggered, and the sod strips carefully laid to produce tight joints. At the edges of the areas to be sodded, the sod shall be toed into the surface and backfilled with topsoil to provide a smooth transition from sodded areas to non -sodded areas. L I Li I I I I I I I I 243-4 ' Section 243 Landscaping The sod shall be rolled and watered as directed by the Engineer, and rolled after it Is placed. The rolling shall be accomplished by use of a lawn roller or tamper, ' with care being taken to avoid damage to the sod strips. When completed, the sodded areas shall be cleared of loose sod or other debris. The sodded area shall be overseeded with 10 pounds/1,000 square feet of annual rye grass seed, and moistened as directed by the Engineer. A thin application of topsoil shall be scattered over the sod. Water shall be applied to sodded areas as directed by the Engineer for a period of three weeks. The Contractor shall maintain sodded areas by mowing, watering, and application of fertilizers, If required, until final acceptance of the project by the Owner. Sodding shall be installed by the Contractor as shown on the Plans. All debris shall be removed from planting areas prior to placement of topsoil. ' All planting areas shall be roto-tilled to a minimum depth of 6 inches prior to planting. ' The area to be sodded shall be graded as specified elsewhere in these Specifications to the configuration shown by the Plans. The top 6 inches of the finished grade shall be topsoil, also as specified elsewhere in these Specifications. ' Immediately prior to the placement of sod, the surface shall be scarified and have applied fertilizer as herein specified. The fertilizer shall be incorporated into the ' top 2-4 Inches of the root zone. The surface shall be moist and firm, but in an uncompacted condition at the time the sod is placed. 2. Planting Operations. Time of planting shall be determined by the handling ' characteristics of the plant. Planting. Planting shall be done by experienced workmen familiar with planting procedures under the supervision of a qualified foreman. ' All debris shall be removed from planting areas prior to placement of topsoil. All planting areas shall be roto-tilled to a minimum depth of 6 inches prior to ' planting. All balled and burlapped plants which cannot be planted immediately upon delivery shall be set on the ground and shall be well protected with soil, wet moss, or other acceptable material. Plants shall not remain unplanted for longer than three days after delivery. 243-5 Section 243 Landscaping Prior to excavating for plant pits, the area shall conform to the lines and grades shown on the Plans. Stake out locations of all plants and secure the Engineer's approval belore excavating plant pits and beds. Ground cover beds shall be dug to a depth of 6 inches below final grade. Incorporate peat moss with the topsoil In the ratio of one part peat moss to three parts topsoil. Supply sufficient topsoil where required to provide 6 Inch deep beds. Hales for trees on grade shall be at least three times greater in diameter than the spread of the root ball. If pits are prepared and backfilled to grade prior to planting, their locations shall be marked and recorded on the Plans so that when planting proceeds they can readily be found. Plant pits may be dug by any method approved by the Engineer provided that the pits have vertical sides and flat bottoms. When the sides of the pits become glazed, the glazed surface shall be scarified. The Contractor shall locate and identify type and depth of all underground utilities. He shall notify the Engineer of all conflicts prior to digging plant pits. The Engineer reserves the right to adjust the locations of several plants to compensate for underground utility locations. Trees shall be Inspected for Injury to trunks, evidence of insect infestation and Improper pruning before wrapping. Immediately after planting, wrap trunks of trees spirally from bottom to top with material specified and adequately secure. The wrapping shall overlap and entirely cover the trunk from the ground to the height of the second branches and shall be neat and snug. Overlap shall be approximately 1 inch. Set plants in center of pits plumb and straight, taking advantage of plant's 'best" side. All plants shall be planted at the depth they originally grew. Place all plants too large for two men to lift in and out of holes with a sling. Do not rock trees In holes to raise. Soil mix for plant holes: thoroughly mix two parts topsoil, one part peat and one part sand. When balled and burlapped plants are set, soil mix shall be watered to settle soil around bases of balls to fill all voids. All ropes and wires shall be completely removed, and burlap shall be removed from the top one-third of balls. I I L L I L I I I I I I I I I I 243-6 ' Section 243 Landscaping Soil mix around balls shall be thoroughly settled and watered. Immediately after ' the plant pit Is backfilled, a shallow basin slightly larger than pit shall be formed as shown on the Plans to facilitate and contain watering. After planting, cultivate the soil In the shrub beds between shrub pit, rake smooth and outline neatly as shown on the Plans. Broken branches shall be properly pruned after trees are planted. ' Soil additives for planting soil mix shall be applied In the plant beds and/or tree pits prior to planting of materials. Roots of bare roots plants shall be properly spread out and soil mix carefully worked In among them. Broken or frayed roots shall be cut off clean. ' 3. Plant Adjustment. Any trees leaning shall be adjusted to maintain proper position during the guarantee period. 4. Mulching. All plantings shall be thoroughly mulched with pine mulch to a depth of 3 inches and watered thoroughly after planting. Do not cover plant bases with ' mulch. Finish mulch top to be 1/2 inch to 1 inch below walk or terrace levels to prevent washing. ' 5. Cleaning Up. Pavements shall be kept clear at all times. Broom clean to prevent tracking dirt into buildings. ' After completion of all planting work, dispose of all debris and excess material to the satisfaction of the Engineer. All pavements shall be broomed and hosed clean. END OF SECTION I Ii L I 1 243-7 I I I I I I TECHNICAL SPECIFICATIONS IRRIGATION A. GENERAL Section 244 Irrigation The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for Installation of an Irrigation system in the landscaped and planted areas as shown on the Plans and hereinafter specified. The work includes, but Is not necessarily limited to, the following: • Trenching and Backfill '• Automatically -Controlled Irrigation System • Test all Systems and Make Operative • 'Plans of RecordDrawings furnished to the Engineer showing any Deviations from the original Plans. ' B. MATERIALS '• 1. Polyvinyl Chloride (PVC) Pipe and Fittings. All pipe in sizes 3/4 inch through 1- 1/2 Inches shall be polyvinyl chloride (PVC) pipe conforming to ASTM Standard D-2241, SDR-21, pressure rating 200 with solvent cement joints. ' PVC pipe shall be continuously marked with identification of the manufacturer, type, class and size. ' The Plans show the approximate location of sleeves to be furnished and installed under paved areas, etc. The pipe for sleeves shall be twice the diameter of the ' carrier pipe (i.e., a 3 inch sleeve shall be installed for a 1-1/2 inch carrier pipe). Pipe used for sleeves shall be Schedule 40 PVC conforming to ASTM Standard D-2466 with either solvent cement or bell and spigot type joints. ' All fittings in sizes 3/4 inch through 1-1/2 inch shall be solvent cement type, polyvinyl chloride (PVC) Schedule 40 conforming to ASTM Standard D-2855, and must be of domestic manufacture. Solvent for use on PVC pipe and fittings shall be of a type approved by the manufacturer of the pipe. Make all connections between plastic pipe and metal valves or steel pipe with ' threaded fittings, using plastic male adapters. Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials which would obstruct the pipe. Leave in place until removal is necessary for completion of installation. ' 244-1 Section 244 Irrigation 2. Risers and Swing Joint Nipples. Sprinkler heads using less than 6.5 gallons per minute (gpm) shall be connected to lateral line with 318 Inch poly pipe (.69-.70 O.Q., .59-.60 I.Q., .100 wall thickness. 80 psi pressure rating) with insert fittings. Sprinkler heads using 6.5 to 10 gpm shall be connected to lateral line with a PVC triple -swing joint with Schedule 80 nipple and Schedule 40 PVC or Marlex street el. 3. 120 Volt Electric Wiring. All 120 volt AC wiring shall be installed In accordance with local electric codes. All 120 volt service to controllers shall consist of one black and one white wire with ground. All wiring shall be buried to a minimum depth of 8 inches. All splices in wiring shall be made watertight using approved methods which conform to UL classifications. 4. Control Lines (24 Volt Electric). Electric control lines from controller to automatic valves shall be direct burial (UL approved) wire of a different color than the 120 volt service to controllers. 5. LM The 24 volt common ground shall be of one continued color and a different color than the other 24 volt lines and the 120 volt service. All wire splicing shall be minimized, with such splices made waterproof with the use of Scotchiok or Pen -Tice kits. All 24 volt wiring shall be done in accordance with existing codes. Sprinkler Heads. All sprinkler heads shall be as specified on the irrigation design plan. The body of the sprinkler shall be constructed of cycolac material, the sprinkler shall be easily serviced from the top of the sprinkler, shall have an accessible screening device, and shall perform to manufacturer's specifications concerning diameter of throw and gallonage at given pressures. Spacing of the heads on this project shall not exceed the manufacturer's maximum recommendations. All sprinklers shall be Installed as per manufacturer's specifications. Control Equipment. Automatic controller shall be as specified on the irrigation design plan. The controller shall be encased in a sturdy, lockable, mounting box and must be easily accessible for maintenance. I I I I I L I I I I I I I 244-2 1 I I I I I I I I I I I I E I Section 244 Irrigation Minor timing adjustments of the controller shall be possible to be made in the field. .. tItJ.. .. .. 7. Gate Valves. Gate valves shall be of brass and screwed connections, non -rising stems, and cross handles, with a minimum pressure rating of 200 psi. Gate valves shall be used in any case where a manual drain valve is required. 8. Automatic Drain Valves. Automatic drain valves shall be Installed in low points of lateral pipe. a. Sleeves for Control Wires. PVC 1220, 220 psi plastic pipe or galvanized heavy wall steel conduit shall be provided under all walks and paving and where Indicated on the Plans for control wires. Sleeve shall extend a minimum of 12 inches beyond edges of paving or construction. C. EXECUTION 1. Protection of Work and Property. The Contractor shall avoid damage to any buildings, equipment, utilities, sidewalks, landscaping, above -ground or underground structures or Installations of any kind, and shall be held responsible for any damage that occurs as a result of his work or leakage of the irrigation system which he Is installing. The Contractor shall adequately protect adjacent property as provided by law and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by the public authority for local conditions. The Contractor shall securely cover or barricade with blinking lights all openings Into the section of the system he is working on and components of the system as it is being installed to prevent obstructions in the pipe and the breakage, misuse, or disfigurement of the equipment. 1 244-3 Section 244 Irrigation 2. Handling of Materials. The Contractor shall be responsible for correct procedures in loading, unloading, stacking, transporting and handling all materials to be used In the system. The Contractor shall avoid rough handling which could affect the useful life of equipment. Pipe shall be handled in accordance with the manufacturer's recommendations on loading, unloading and storage. 3. Cleaning Premises. The Contractor shall continually keep a neat and orderly area In which he Is Installing the system. Disposal of rubbish and waste material resulting from the Installation shall be continuous. Upon completion of the system installation, the Contractor shall remove from the Owner's property, at his own expense, all temporary structures, rubbish, and waste materials resulting from the installation of said system. 4. Marking Locations of Irrigation Piping and Storinkler Heads. The Contractor shall mark the proposed location of all irrigation piping and sprinkler heads on the ground with spray paint prior to trenching. The Contractor shall notify the Engineer of the marking prior to the start of trenching, and shall not proceed with trenching until receiving approval of the marking from the Engineer. Where existing manholes, trees, power poles, etc. affect proposed locations of irrigation piping, valves and sprinkler heads, the Contractor shall contact the Engineer for necessary relocation. 5. Excavation. All excavation shall be unclassified and shall include all materials encountered. Sleeves for irrigation piping shall extend 2 feet beyond the back of curb on each side and shall be marked for proper identification after Installation. Any trenching to be located within the dripline of an existing tree shall be done by hand. Any root under 2 inches in diameter which crosses the trench shall be cut cleanly with pruning shears or a fine-toothed saw. If any roots over 2 inches In diameter are encountered during trenching, the Engineer shall be contacted Immediately for a decision on rerouting the piping or cutting the root. All trenching In the tree root zone is to run radially to the trees. Minimum depth of cover over piping 1-1/2 inches shall be a minimum of 24 inches, as detailed; minimum cover over piping smaller than 1-1/2 inches shall be 8 Inches, as detailed. In existing lawn areas, remove and preserve sod over trenches, and replace it after backfilling trenches. Backfill material shall be free from rocks or other materials which may damage pipe or cause excess settling. Backfilling shall be done in 6 inch layers, and tamped after each layer to reduce settling. I I I I I I I I I I I I I I I I I [1 fir! I ISection 244 Irrigation Backfilling of trenches containing plastic pipe shall be done when pipe is cool to avoid excessive contraction in cold weather. Such backfilling can be done In early morning hours or the pipe may be water-cooled prior to backfilling procedures. If trenching Is necessitated through existing asphalt roadways, the Contractor shall cut the asphalt to the width of the trench prior to trenching. Removal of cut asphalt and replacement of all asphalt shall be the responsibility of the Contractor. The Contractor shall exercise reasonable care to avoid causing damage to any and all underground utilities and structures. The Owner shall advise the Contractor of any underground utilities or structures of which he is aware. Utility locating services shall be called upon by the Contractor to pinpoint location of any underground utilities on the site of the project. ' All disturbed areas are to be dressed off to finish grade. 6. Installation of System Maln. Installation of the system main shall be in accordance with the manufacturer's instructions and shall proceed from the point of connection of supply for the system pumping station, reservoir, or existing line. ' The main shall be flushed and pressure tested for 24 hours prior to making any lateral connections. ' 7. Installation of Lateral Lines. Lateral lines shall be installed by standard trenching techniques, bedded and backfilled in sand as shown on the Plans. 8. Sprinkler Heads. The sprinkler head shall be Installed so that the top is slightly above the finished grade level. If finished grade has not been established, the sprinkler will be extended a minimum of 2 Inches above the existing level and marked with a stake to prevent damage by equipment. Backfill around the swing joint and sprinkler shall be free of large rocks, roots or foreign debris. 9. Control Lingg. All control lines shall be installed in a neat and orderly fashion and may be installed higher in the main and lateral trenching or in their own separate trench. The lines shall be bundled together and taped every 5 to 10 feet. Control line connections shall be as approved in a preceding section of these Specifications. 10. Control Equipment. All automatic valves and controllers shall be installed following the recommendations of the manufacturer of said equipment. The location of all controllers shall be approved by the Engineer before the actual installation of said controllers. 11. Valve Boxes. Drains. Etc. All valve boxes, drain boxes, or any other ' miscellaneous marker or access box shall be installed so the top of said structure is at finished grade. 1 244-5 Section 244 Irrigation 12. Testing System. Upon completion of the irrigation system and after sufficient time has been allowed for solvent weld joints to cure, the entire system shall be tested for proper operation. All air will be flushed from the system and all components will be checked for proper operation. The Contractor shall: a. request the presence of the Engineer In writing at least 24 hours in advance of testing. I I I I l; c. center load piping with small amount of backfill to prevent arching or slipping under pressure. d. apply a continuous and static water pressure of 60 psi when welded plastic joints have cured at least 24 hours and with the risers capped as lollows: main lines and submains to be tested for 12 hours. lateral lines to be tested for two hours. e. repair leaks resulting from tests. 13. Balance and Adjustment. The Contractor shall balance and adjust the various components of the sprinkler system so the overall operation of the system Is most efficient. This Includes a synchronization of the controllers, adjustments to pressure regulators, pressure relief valves, part circle sprinkler heads and individual station adjustment on the controller. 14. Acceptance. Acceptance of the system is based on the furnishing by the Contractor of a completed Plans of Record' which is acceptable to the Engineer. 15. Upon completion of the system, the Contractor shall train maintenance personnel designated by Owner in the day-to-day operation and maintenance of the system. The Contractor shall, at no additional cost to the Owner, conduct one draining and winterizing of the system In November, and one reactivation of the system In March. The Contractor shall notify the Owner in writing at least 14 days prior to conducting winterizing and reactivation, and shall train maintenance personnel designated by the Owner in each procedure. L I I I 1 I L I L The Contractor shall provide three copies of all pertinent operation and maintenance literature to Owner upon final acceptance of the system. END OF SECTION I 244-6 I I Aluminum Handrails I TECHNICAL SPECIFICATIONS ' ALUMINUM HANDRAILS ' A. GENERAL All handrails to be supplied for this job and installed at the locations shown on the Plans or specified shall be externally welded pipe rail systems as manufactured by Tri Tech, Inc. of Austell, GA, Thompson Fabricating Company, Inc, Tarrant, AL, or equal. ' B. MATERIALS Railings and posts shall be 1-1/2 Inch diameter, Schedule 40, extruded aluminum ' (6063-T5), with anodized satin finish, AA -C22 -A31, clear color. All joints in the aluminum railing are to be welded. All corners are to be mitered and welded; all welds shall be ground smooth. Handrail heights are shown on the Plans. Shop drawings shall be prepared by the manufacturer and submitted to the Engineer for approval prior to beginning fabrication. Handrail systems shall be designed and constructed for a 200 pound concentrated load applied at any point and In any direction at the top of the guardrail. ' C. INSTALLATION Handrails are to be shop fabricated and delivered to the job site in completely assembled ' sections. Frequency of field splices shall be in accordance with the manufacturer's recommendations and as approved by the Engineer. Bolted fittings will not be acceptable. Mountings shall be as shown on the Plans. IThe manufacturer shall supply devices and brackets as required to meet the conditions. The Installations shall be in accordance with the manufacturer's recommendations, and shall be structurally sound and without movement. All components shall be installed with posts plumb and rails true to line In accordance with the approved drawings. The Contractor shall thoroughly clean all components as recommended by the manufacturer. ' The Contractor shall coordinate the delivery time so that the railings do not arrive prior to the time of installation. Handling shall be conducted to prevent damage. After ' installation, railings shall be protected until final acceptance of the job. In cases where aluminum handrails are bolted to steel or concrete surfaces, gaskets or coatings shall be provided to separate the aluminum from steel or concrete. These gaskets or coatings shall be as approved by the Engineer. ' END OF SECTION I 1 950-1 I Section 1100 Electrical - General TECHNICAL SPECIFICATIONS ELECTRICAL - GENERAL A. GENERAL The Contractor shall furnish all equipment, tools, materials and perform all labor, and ' install complete all electrical circuits, conduit, wiring, cable, fittings, lighting fixtures, lamps, panelboards, switches, fuses, motor control equipment and apparatus, and all other work and materials required for a complete installation of all electrical work and ' equipment covered by these Specifications and the Plans. All work shall be done and materials furnished in accordance with these Specifications and in a manner satisfactory to the Engineer. B. CODES AND PERMITS The work shall be performed and all materials shall conform and be in accordance with the latest National Electrical Code and applicable state and local rules and regulations. The Contractor shall, at his own expense, obtain all necessary permits, inspections and approval of proper authorities in local jurisdiction of such work. C. RELATION TO OTHER WORK The electrical work shall be done to conform to the construction schedule and progress of other associated trades. Electrical apparatus on all equipment furnished and set by other trades shall be connected, checked out, serviced, and placed in readiness for proper operation to the satisfaction of the Owner and the Engineer, all within the scope of the work Intended under these Specifications. ' D. MATERIALS AND WORKMANSHIP All materials shall be new, and shall be of the latest standard design of a manufacturer regularly engaged in the manufacture of that type of equipment. Materials shall be in good condition and shall be free from dents, scratches or other damage Incurred in ' shipment or installation. All equipment shall comply with the National Electrical Code, Underwriters Laboratories, or other appropriate agency. Installation shall be made in a neat and workmanlike manner, and all materials shall be ' installed in accordance with the recommendations of the various manufacturers. Incidental materials required to complete the installation as intended by these Specifications shall be of the type and quality in keeping with specified equipment. 1 1100-1 Section 1100 Electrical - General E. MATERIALS STANDARDS AND EQUIPMENT APPROVAL Manufacturers' trade names or catalog numbers used in these Specifications and/or Indicated on the accompanying Plans denote type, size, quality and design of equipment required and are not intended as closed Specifications. All materials used in this work are subject to the approval of the Engineer. Items of electrical equipment manufactured by Square D. Cutler -Hammer, General Electric, Westinghouse, or equal, will be acceptable. All materials and equipment shall be submitted for approval, and all pertinent , Information, when submitted from catalog or equipment information sheets, shall be clearly marked so that the material or equipment proposed to be furnished can be readily and completely identified. I Schematics and connection diagrams of all electrical equipment shall be submitted for approval. Manufacturersstandard connections, where clearly marked by black ink, will be acceptable. F. GUARANTEE I The Contractor shall guarantee to the Owner all work performed under this contract to be free from defects in workmanship and material for a period of one year from date of final acceptance. Defects arising during this period will be promptly remedied by the Contractor at his own expense, upon notice by the Owner. All lamps for lighting fixtures shall be excluded from this guarantee, but one complete and operative set of lamps for lighting fixtures shall be in place at time of final acceptance. G. PLANS I The Plans indicate the extent and general arrangement of the various systems. No departure from the arrangements shown on the Plans shall be made without the prior written approval of the Engineer. Where wire sizes, conduit and other items of construction are shown or required for a complete installation, but are not adequately Identified as to size or material requirements, the materials furnished shall be in accordance with 'Code" requirements as though shown in detail on the Plans. The Plans showing the extent and arrangement of the work of this particular trade must be used, together with the Plans showing the extent and arrangement of the work of other trades, and the Contractor shall lay out his work with due consideration for the other trades and shall be responsible for calling to the attention of the Engineer any interferences encountered. Such interferences shall be Investigated and called to the attention of the Engineer before any equipment is installed and before any materials are fabricated. Relocation resulting from interferences shall be made at no additional cost to the Owner. I I I I 1100-2 I Li I Section 1100 Electrical - General H. TESTS AFTER INSTALLATION Before final acceptance will be given by the Owner, the Contractor shall make such insulation and load tests as to assure the proper performance of each and every circuit. Instruments for such tests shall be furnished by the Contractor. Al! circuits, regardless of voltage class, will be checked with a D. C. megger prior to energizing the first time. ' Insulation tests shall include D. C. megger tests of all feeder circuits. Resistance values of 10 megohms or greater shall be required for all circuits. All branch circuits and feeders shall be tested under maximum and typical load conditions, and loads shall be balanced on the phases of the system as is practical to do. The Contractor shall submit to the Engineer in writing a statement that all such tests have been made and all deficiencies corrected. The Contractor shall, in the presence of the Engineer or his representative, verify the results of any or all of the above tests. Before placing in permanent service, all motors are to be checked to see if motors are operating within nameplate current rating. All Instances where nameplate rating is exceeded shall be reported to the Engineer, so that reason for overload may be investigated. ' I. PLANS OF RECORD The Contractor shall furnish 'Plans of Recorddrawings at the completion of the job. ' One complete set of prints will be furnished the Contractor for this purpose in indicating changes made in the actual installation. Changes made on the Plans of Record drawings shall include the following: 1. Actual location of all panels and equipment. I 2. Revision of fixture schedule and other materials schedules to indicate fixtures and materials actually installed. These drawings shall be turned over by the Contractor to the Engineer for his approval at the completion of the job. ' J. SETTING OF EQUIPMENT All equipment shall be leveled and made plumb. Metal junction boxes, equipment enclosures and metal raceways mounted on water or earth -bearing walls shall be separated from walls not less than 1/4 inch by corrosion -resistant spacers. All electrical conduits and items of equipment shall be run or set parallel to walls, floors and other ' items of construction. 1100-3 1 Section 1100 Electrical - General K. GROUNDING I All equipment and electrical systems shall be grounded in compliance with Section 250 of the National Electrical Code and as hereinafter set out. The size of the grounding conductor shall be in accordance with the applicable tables in the latest edition of the National Electrical Code. This grounding conductor shall be connected to all poles and metal enclosures. L OPERATION VOLTAGES Unless specifically shown otherwise on the Plans or provided for in these Specifications, 1 all new equipment shall be designed for voltages as follows: 1. All lighting circuits: 120 volt. I 2. All control circuits, except specific units requiring reduced voltage: 120 volt. 1 END OF SECTION 1 I I I 1 I 1 I I 1100-4 1 I Li TECHNICAL SPECIFICATIONS I CONDUIT Section 1105 Conduit I A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the Installation of conduit. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS 1. PVC Schedule 40. All wiring shall be installed in conduit. All conduit shall be polyvinyl chloride Schedule 40 conduit and shall conform to the requirements of I the current National Electrical Code. All conduit, couplings, elbows, etc. which form a part of the conduit system shall be made of PVC Schedule 40 of quality and merit as determined and approved by the Engineer. I2. Expansion Fittings. Expansion fittings, Carton or equal, shall be provided on all conduits where passing through expansion joints. C. EXECUTION Conduit shall be run concealed where possible and shall be kept at least 6 inches from hot water pipes and flues. Conduits shall be Installed in a neat and workmanlike manner, whether concealed or exposed. For exposed construction, conduits must be run parallel I or perpendicular to walls and ceilings with right angle turns consisting of symmetrical bands or fittings. All bends and offsets shall be avoided where possible. A run of conduit between outlet and fitting shall not contain more than the equivalent of four quarter bends, Including those immediately at outlet or fittings. Bends in rigid conduit shall be made with a hickey or conduit bending machine without reducing the internal diameter of the conduit or without injury to protective coatings. The use of a pipe tee or Ivise will not be permitted. The radius of the curve of the inner edge of the conduit shall not be less than six times I the inside diameter of the conduit. Conduit deformed or crushed in any way shall not be Installed and must be removed from the buildings without delay. No conduit shall have an Inside diameter of less than 1/2 Inch and sizes, unless otherwise shown or noted on the Plans, shall conform to the requirements of the National Electrical Code. All empty Iconduits shall have a No. 18 steel pull wire left in place. All raceways 1-1/4 inches in diameter and larger shall be terminated in pull boxes, Junction boxes, panelboards, etc. Myers Scru hubs, In lieu of iocknuts and bushing, shall be used in all areas requiring NEMA 3R equipment. I 1105-1 P. Section 1105 Conduit Conduits shall be cut with a hacksaw; ends must be square, threads cut and cleaned before reaming. The ends of all conduit shall be reamed to remove all rough edges and burrs. Conduits shall be securely fastened to all outlet boxes with locknuts and bushings of approved make, care being exercised to see that the full name of threads project through to allow the bushing to butt up tight against the end of the conduit, after which the locknut shall be screwed tight enough to draw the bushing into firm contact with the box. Underground conduits and duct banks shall have 18 inches minimum earth cover unless ' otherwise permitted by the Plans or Specifications. This minimum earth cover shall be 24 Inches under areas of vehicular travel. I END OF SECTION I I 1 [1 I I I L1 I I I 1105-2 ' Section 1110 Wire TECHNICAL SPECIFICATIONS ELECTRICAL WIRE A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and Incidentals necessary for the Installation of wire. The work shall include every hem of construction necessary for a complete and acceptable Installation as shown on the Plans and as hereinafter specified. B. MATERIALS The wire that is to be used in construction shall be copper Type THHN or THWN. On power and lighting circuits, no wire smaller than No. 12 shall be permitted. Wire may be stranded. Control wiring shall be no smaller than No. 14, color coded, and the colors shall be continuous for any one circuit throughout the entire length. On wire sizes where colored insulations are not available, the circuits and phase shall be identified by colored tape strips wrapped around the wire at the points of connection. ' The specific wire sizes shown on the Plans refer to American Wire Gauge and circular -mil area designations. ' NO ALUMINUM WIRE WILL BE APPROVED. All Insulated wire for use on secondary circuits shall have a voltage rating of 600 volts 'and shall conform to current National Electrical Code and ASTM Standards. C. EXECUTION A complete wiring system shall be installed as shown on the Plans. No wires shall be pulled in until the conduit system is complete. No grease, oil, or lubricant other than powdered soapstone or Ideal wire ease shall be used to facilitate the pulling of wires. Joints that may become necessary in circuit work at the outlets shall be made with approved connectors, Scotch Loc, or equal. At each fixture outlet, a loop or end of wire not less than 8 inches long shall be left for connection to fixtures. All wire in blanked -up outlets shall have the ends taped. I END OF SECTION I I Section 1120 Electrical Services 1 TECHNICAL SPECIFICATIONS 1 ELECTRICAL SERVICES A. GENERAL The work to be Included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, tools, supplies and incidentals necessary for the Installation of the electrical services. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS ` The Contractor will furnish and install conduit and wire to SWEPCO's point of service. C. EXECUTION There will be two electrical services required. The services are to be located as shown Ion the Plans. The services on this project are to be rated 120/240 volts, single-phase, and sized as shown on the Plans. The power will be provided by SWEPCO In Fayetteville, Arkansas. The Contractor shall make all necessary arrangements with ' SWEPCO to have the services provided. Any temporary electrical services required by the Contractor shall be metered services 1 Installed by the electrical contractor. The Contractor shall pay all costs associated with all temporary electrical services, Including cost of power. Li I END OF SECTION I I L 1 I I I IA. GENERAL Section 1138 Circuit Breaker Lighting Load Centers TECHNICAL SPECIFICATIONS CIRCUIT BREAKER LIGHTING LOAD CENTERS 240 VAC MAXIMUM The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the Installation of branch circuit load centers rated 400 amperes or less, circuit breakers and accessories. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS Load Centers. Furnish with distributed phase sequence type bussing with approved plating. Provide plug -on circuit breaker connections as scheduled on the Plans. Furnish with wiring terminals UL listed for 75° C and for copper wire. IEnclose bus assembly in steel cabinet of required gauge and gutter sizes. Paint the outside of surface mounted cabinets to match the fronts. ' Provide dead front' construction of code gauge steel with flush doors, concealed hinges, and flush cylinder tumbler -type locks. IProvide solid neutral terminal block that Is isolated from the cabinet unless used for a service entrance load center. Provide a grounding terminal block that is bonded to the cabinet unless used for an isolated grounded load center. Furnish load centers with a main breaker (MB) as scheduled on the Plans. Provide molded case circuit breakers of quick -make, quick -break, thermal -magnetic type with trip indication and common trip on all multi -pole breakers. Handle ties on multi -pole breakers will not be accepted. Rate each load center in accordance with UL Standard 67 for the integrated equipment short circuit rating of 10,000 AIC. Load centers shall be equal to Square D Type OO with circuit breaker types being Q0. 1 C. EXECUTION Mount load centers as shown on the Plans. i 1 1138-1 Section 1138 I Circuit Breaker Lighting Load Centers I Submit manufacturer's data sheets for each load center and each type of circuit breaker proposed for use. Submit schedule of engraved nameplates and load center circuit directories. Approved manufacturer is Square D far comparable and competitive product lines as applicable. I I END OF SECTION j I I Li I L I I I I I I 1138-2 1 I I I L I I� L I I TECHNICAL SPECIFICATIONS LIGHTING FIXTURES A. GENERAL Section 1142 Lighting Fixtures The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the Installation of lighting fixtures, lamps and accessories. The term "fixturesin this section shall pertain to lighting fixtures. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS H.I.D. Fixtures. Fixture construction, including wiring, shall be in accordance with UL standards and the NEC. All outdoor fixtures shall be listed as suitable for wet locations and shall include all mounting accessories, poles, anchor bolts, brackets and concrete bases for pole -mounted fixtures where indicated or required. Ballasts shall be CWA type capable of reliable starting down to -20o F and shall have a power factor of 0.9 or greater. C. EXECUTION Submit manufacturer's data sheets complete with dimensions, mounting accessories, and ' photometric data for each type of fixture and lamp combination proposed for use. Include total connected fixture watts and power factor where applicable. Upon completion of work, thoroughly clean and polish all fixtures inside and out, and clean all lamps. Adjustable fixtures shall be carefully aimed and positioned in the presence of the Engineer. I I END OF SECTION I Ii I ' 1142-1 ' Section 1150 Nameplates/Labeling TECHNICAL SPECIFICATIONS ' NAMEPLATES AND LABELING A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the Installation of nameplates and labels. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS The nameplates shall be uniformly sized laminated plastic type. The lettering shall be upper case, a minimum of 1/4 inch high, and shall be engraved white letters on a black background. Warning type nameplates shall have engraved white letters on a red background. The lettering shall describe the function of the units where nameplates are to be installed. Lighting panels shall be supplied with a removable card that can be affixed to the inside of the door in the panel. The circuit information shall be typed onto the card. Hand lettering will not be accepted. The card shall be protected by a clear plastic carrier. C. EXECUTION ' The Contractor shall furnish and install nameplates on load centers, control cabinets and junction boxes. I 1 END OF SECTION I I J Section 1195 Miscellaneous Electrical I TECHNICAL SPECIFICATIONS MISCELLANEOUS ELECTRICAL A. GENERAL The Contractor shall furnish and install contactors, time switches, photoswitches, and all other Incidental materials necessary for a complete and acceptable job at all locations and as shown on the Plans. ' B. MATERIALS 1. Contactors. The Contractor shall furnish and Install two (2) lighting contactors: SCHOOL AVENUE SITE - LC - Square D 8903 Type LG40, 20 Amp, 4 pole, or approved equal. DICKSON STREET SITE - LC - Square D 8903 Type LG60, 20 Amp, 6 pole, or approved equal. ' 2. Time Switch. The Contractor shall furnish and install one (1) digital DPDT time switch, Tork No. D100, or approved equal. ' 3. Photoswitch. The Contractor shall furnish and install one (1) photoswitch, Precision No. ST1 5, or approved equal. ' C. EXECUTION Miscellaneous electrical equipment shall be installed in accordance with the National Electrical Code and manufacturers' recommendations. I 1 END OF SECTION I I I 1 1 1195-1 I Section 1200 I 1 Li 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 contained In the Bid. Bid Item 1 - Lumo Sum 1 C fl I I I El I I I II This bid item Includes, but is not limited to the following general types of work: Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course ORR Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, water lines and yard hydrants, lighting, electrical work, and all work required for a complete and acceptable Installation in accordance with the Plans and Specifications. END OF SECTION I 1200-1 McGoodwin, Williams and Yates. Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville. Arkansas 72703 Telephone 501/443.3404 February 5, 1992 Re: Bid Documents Walton Arts Center Parking Lot Phase 3 Construction: Dickson Street Site School Avenue Site Fayetteville, Arkansas Project No. Fy-212 Ms. Sherry Thomas, City Clerk City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Dear Ms. Thomas: FAX 501'443-4340 Enclosed for the city's permanent files is the original bound bid of McClinton -Anchor Company submitted January 30, 1992, for the above referenced project. Also enclosed for the city's files are pertinent unbound bid documents submitted by the three other bidders on this job. Cprdiallyy, �.rt Llllli l�l, l is IL l< Charles R. Nickle, P. E. Vice -President CRN:sc Enclosures 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. /22//CAevc#e. &ea✓Aho"+, .;'uc• ' 2) Permanent main office address. To:'. b. £/m/Rm, R�sse////c Air- ' 3) When organized. /9B0 4) If a corporation, where incorporated. /986- r14KyN=As ' 5) How many years have you been engaged in the contracting business under your present firm or trade name? /02 yeAos 2-1 Instructions to Bidders I C 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) .,. ct l acA€d , ,L.o' 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? No ' 9) Have you ever defaulted on a contract? If so, where and why? No I 10) Ust the more Important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 4t.4,4sf• I 11) Ust your major equipment available for this contract. %de 12) Experience In construction similar in size to this project, along with project owners and engineers. s/c.e Q. ac.G & 13) Background and experience of the principal members of your organization. Including the oficers..dcc. li lza e ,Cc d� . 14) 15) 16) Credit available: Give bank reference: Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? )'e -t lL day of LSn , 199. Name of Organization: TJttnp/L zt&ru correct. I I I I I I I I I I 2-2 ci ?iiJJsenea Excavation, gne. 705 S0ulh El Mire Pussehvu le Arkansas 72801 501-988-545' January 32, # 6. CONTRAC-S CN HAND: PROJECT: CARROLL COUNTY AIRPORT ARKADELPHIA MUN. A:RPCRT AIR NATL. GUARD AIRPORT # 10. CONTRACTS COWLETED: PROJEOI: LAKE-aAM:LTCN BRIDGE REMOVAI. SILOAM SPRINGS MUN. AIRPOR' CADRON CREEK BRIDGE. & AP'RS. CCNTRACT AMT: 581,146.00 753,318.81 133,551.5E AR. STA'E -,IGHWAY &-RANSPORTATION S:LOAM SPRINGS AIRPOR- COMMISSION AR. S1A'E HIGHWAY & TRANSPORTATION MAJOR EQUIPMENT AVAI_ABLE: D6C CATERPILLAR DOZER 450 E JO -'N DEERE DOZER 582 C CASE BAC.HOE 140G CATERPILLAR MOTOR GRADER D8K CATERPILLAR DOZER EXPERIENCE: BAL. TO COMPLE-E: 195,321.20 312,925.03 DATE -0 CORP. 2-2C-92 3-30-92 4-1-92 CONTRACT AMOUNT: 478,552.20 455,750.75 44 ,028 . 34 JAMES R. MITCI-ENER & WILLIAM A. MITCHENER HAVE 90TH BEEN ACTIVELY INVOLVED :N T -IS BUSINESS SINCE IT BEGAN IN 1980. THEY ARE BOTH FINISH OPERATORS AND CAN OPERA -E ANY EQUIPMENT THAT IS OWNED BY THIS COMPANY. RA\DV IS THE BUSINESS MANAGER AND ES-IMATOR ANC WILLIAM :S THE :IELD SUPERVISOR AND EQ.:IPME-N1 COORCINATOR. SUPERINTENDENTS: VITCHENER EXCAVATION, INC., HAS (3) PROJECT SUPERINTENDENT'S WHO HAVE ALL -AD AT EAST 10 YEARS EXPERIENCE AS HEAVY EQUFMENT OPERAT^.RS AND SEVERAL YEARS AS S.,PERVISORS. ALL OTkER OPERATORS HAVE BEEN OPERATING z.QU:NMENT FOR SEVERAL YEARS. Instructions to Bidders 1 Subscribed and sworn before me this .ft' day of • � C ' Notary Public '• My commission expires 1/'. 99 (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. I 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 10 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 for 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 1 conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its farmer 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 for 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 compiled 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 less 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. I 2-4 5.2 Addenda may i advisable by Owner or 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-equalitems 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. 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. Instructions I 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 on 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 Form 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 seat 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 mail 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 I 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 1 Instructions to Bidders I... 13.2 If, within 24 hours after Bids are opened, any Bidder flies 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 alternates (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. 1 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 Perlormance 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 the 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 the 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 rates 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, H 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. I I U I I H I J I I I I I I I r U 2-8 I ' Instructions to Bidders 1 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 LContractor 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 of 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 HEUULAI IONS ryri nit tNrUNc tmtIN I 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. 1 2.9 I I I I I I I I I I P H I 1J BID WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE Fayetteville, Arkansas Plans No. Fy-212 Dated January 1992 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 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 1 and such addenda are attached to the Bid. 1 5-1 Number I I I I I I I I Ti II I I I I I I L 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, 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. f) 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. 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 .,o ' nail A��d& D j p .- ;. a 9°1oo ($0Z/ /59,90 ). 5. The Bidder will complete the Work for the following lump sum price: 'Item Estimated Total No. Quantity Description of Item and Lump Sum Price Bid Amount I1. Lump Sum Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic ' concrete surface course OR Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, ' reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop Inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, Irrigation system, ' water lines and yard hydrants, lighting, electrical work, and all work required for a complete and acceptable installation in accordance with the Plans and Specifications ' - Jolla So9g, J4�•40 _(Dollar Amount Written in Words) (Total In Floures) TOTAL BASE BID $ DEDUCTIVE ALTERNATE ' (Bidder MUST furnish price for Deductive Alternate) The Owner may elect to accept the Deductive Alternate listed below. If utilized, the ' Deductive Alternate will be accepted as a lump sum deduction from the Total Base Bid. The lowest Bidder shall be determined by the lowest bid utilizing either the Base Bid or the Deductive Alternate if accepted by the City of Fayetteville. 1 5-3 I I Deductive Alternate No. 1 ' Deductive Alternate No. 1 provides for the deletion of the Landscaping and Irrigation system, Including brick pavers, automatic control valves (no. 5 and no. 6), sprinkler heads and service piping in the 10 foot wide landscape easement on the south portion of the Dickson Street site. In place of the Irrigation system, the Contractor agrees to furnish and install the 1-1/2 Inch diameter irrigation main water line immediately behind the curb and gutter to be constructed along the south property line. The price furnished by the Bidder shall be the amount deducted from the original Base Bid. ' Total Deduct, Deductive Alternate No. 1 ■ $ 8f/. 1 4/ ' The Bidder shall leave the following recap blank. If applicable, it shall be filled in by the Engineer. Total Bid, Accepting Deductive Alternate No. 1 $ 5. (continued) ' 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 Phase 3: Construction - Dickson Street Site; School Avenue Site will be completed and placed in operation within 75 calendar days after the date when the ' Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. 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. ' 5-4 I I I I I I LI L I I I I I I I I I / l Submitted this day of , 191&/ Respectfully submitted, 1' F a. /'if 'L L�;urd i Arkansas License No. 9/ c2/127 (Seal, •rf b Js'by corporation.) ; Attest( / 5-5 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERM,. 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 Biddor. 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 Biddor. John P. Marinni Corti 2) Permanent main office 5204 S. 1horvsor., Spi 3) When organized. June 19Th 9 4) It a corporation, whore Arkansas 5) How many years have you been engaged in the contracting business under your present tirm or trade name? 15 years truction Caivanv, Tnc. address. int;cfiale. Arkansas 72764 incorporated. 2-1 Instructions to Bidders 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) See Attached 7) General character of work performed by your company. General Cons truction-Ca:mercial, industrial & Institutional 8) Have you ever failed to complete any work awarded to you? No 9) Have you ever defaulted on a contract? If so, where and why? No 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. See Attached 11) List your major equipment available for this contract. Dump Trucks, Dozers & Back Hoes 12) Experience in construction similar in size to this project, along with project owners and engineers. Walton Arts Center Parking Lot -Phase 1B -Demolition City of Fayetteville, McGoociain, Willians & Yates, Architects. 13) Background and experience of the principal members of your organization, including the officers. See Attached 14) Credit available: $ 100,000.00 15) Give bank reference: Melirov Bank & 'list_ & A.G. Edwards & Sons 16) Will you, upon request, fill out a detailed financial statement and furnish any other Information that may be required by the Owner? Yes Dated at Springdale. Arkansas wig 30th day of January ______________,1992 Name of Organization: Jcl:n P. Marircn'. Con:=trucctiioon Ccrpanv, Inc. Title President State of Arkansas_______________________) County of asingtux) John P. Marinoni __ - ____being duly sworn deposes and says that he (she) is the President & Vice -President of John P. Marinori ConstructiCczjuiv, Inc. , Contractor(s), and that answers to the foregoing questions and all statomonts therein contained are true and correct. 2-2 Instructions to Bidders Subscribed and sworn before me this 30th day of January 1992—. - Notary2ublic My commission expires 2/1I./2U1 (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 ail 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 for 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 for 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 for 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 promised 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 loss than ton days prior to the dale 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 bo without legal effect. 2-4 I JOHN P. MARINONI CONSTRUCTION COMPANY, INC. 5204 S. THOMPSON SPRINGDALE, ARKANSAS 72764 FAX (501) 750-2319 (501) 750-2316 6. NARTI Expansion, Owner: Northwest Arkansas Radiation Therapy Institute $450,000.00. Approximate Date of Completion.: July 1, 1992. UofA Parking Lot, Plaza and Sidewalks, Owner: University of Arkansas $275,000.00. Approximate Date of Ccui]etdon: Apr!. 1. 1992. UofA Pool Raixxlel, Owner: University of Arkansas $1,800,000.00. Approximate Date of Ccupletion: 1992. 10. See Attached. 13. John P. Marinoni, President/Vice-President 30 years experience -15 yrs.-Brennan-Boyd Const. Cc., 15 yrs.-John P. Marinoni Cont. Co. Betty F. Marinoni, Secretary/:Measurer 30 years experience-15yrs.-Brennan-Boyd Const. Co., :5 yrs.-Joan P. Harinoni Const. Co. Barbara Jo Smith, Office Manager 33 years experience -18 yrs.-Breontr --Boyd Const. Co., 15 yrs. -John P. Marinoni Cons t. Co. Stephen L. Smith, Estimator 15 years experience -6 yrs. Brennan -Boyd Const. Cc., 9 yrs. John P. Marinoni Cont. Cc. Brad D. Center, Estimator 7 yrs. experience -John P. Martnoni Const. Co. Ernest Center, Superintendent 33 years experience -18 yrs.-Brennan-Boyd Const. Co., 15 yrs.-John P. Marinoni Const.Co. Tan Sargent, Superintendent 22 years experience -7 yrs.-Brennan-Boyd Cost. Cc., 5 yrs.-John P. Marinoni Cont. Co. Doug Vandenburg, Carpenter Foreman 22 years experience -7 yrs.-Brennan-Boyd Const. Co., :5 yrs.-John P. Marinoni Const. Co. John Anderson. Carpenter Foreman 17 years experience -2 yrs.-Brennan-Boyd Const. Co., 15 yrs.-John P. Marinoni Const. Co. PROJECT AMOUNT COMPLETION PER - DATE CENT NARTI EXPANSION $ 450,000.00 7/01/92 10 UOFA,PARKING LOT,PI.AZA S 275,000.03 4/01/92 25 U OF A POOL REMODEL $1,800,000.00 7/01/92 30 U OF A STEEL SHELVING $51,313.33 5/07/91 100 SPRINGDALE HIGH SCHOOL HVAC $391,551.00 12/01/91 100 COMBINED CAMPBELL Sou .JuHs 427, 21$0.f1;1 10/07/91 100 NARTI SIMULATOR 874,055.79 10/30/90 100 MAGNATEK 863,105.00 4/03/90 100 OZARK HALL UOFA $121,322.00 12/01/90 100 CAMPBELL SOUP ADDITION $348,000.00 05/31/90 100 OLD HIGH ELEMENTARY $730,000.00 12/01/90 100 McKEE BAKING CO. $3,200,000.00 10/01/89 100 HEEKIN CAN 8146,000.00 8/30/90 100 FARMINGTON SCHOOLS $100,000.00 7/01/89 100 MAGNATEK $95,000.00 8/30/89 100 GREEK RESTAURANT 8105,000.00 5/10/87 100 CHINESE RESTAURANT $85,000.00 6/30/87 100 HEEKIN CAN CO. $:c0,U00.00 4/30/87 100 FIRST BRANDS 53.:6,000.00 8/01/87 100 McKEE BAKING CO. $1,560,000.00 9/30/86 100 Instructions to Bidders 1 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 1 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. f. 2) Permanent main office address. 3) When organized. 6 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? I 2-1 Instructions to Bidders I 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? I 9) Have you ever defaulted on a contract? If so, where and why? 1 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. I 11) List your major equipment available for this contract. 12) Experience in construction similar in size to this project, alot with project owners and engineers. 13) Background and experience of the principal me ttr' of your organization, including the officers. 14) Credit available: $ i 15) Give bank reference: 16) Will you, upon request, fill out a detailed financials tement and furnish any other Information that may be required by the Owner Dated at this day of 19 Name of Organization: , Title State of i County of ) being duly sworn deposes and says 1 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 1 IInstructions to Bidders Subscribed and sworn before me this day of 1 19 . INotary 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, 1 2-3 Instructions 1 to Bidders I and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 1 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 for 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 for 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 for 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 t 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 less 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. I 2-4 1 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. The Bid security of the Successful Bidder will be retained until such Bidder has I6.2 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 1 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-equalitems 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. 1 2-5 Instructions to Bidders 1 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 Subcontracto(s name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM I 11.1 The Bid Form 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. I 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 mail or other delivery system, the sealed envelope shall be enclosed In a separate envelope with the notation "BID ENCLOSEDon 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 lime prior to the opening of Bids. 2-6 1 Instructions to Bidders 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written 1 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. i 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 alternates (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 tails 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. I 2-7 Instructions I to Bidders I 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 the 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 the 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 rates 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, 1 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 1 Instructions to Bidders 1 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 1 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 of 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. 1 1 2-9 I IBID ' WALTON ARTS CENTER PARKING LOT PHASE 3- CONSTRUCTION ' DICKSON STREET SITE SCHOOL AVENUE SITE ' Fayetteville, Arkansas Plans No. Fy-212 Dated January 1992 ' 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 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 ' J't- mod' ,t*Z ' a and such addenda are attached to the Bid. 5-1 I I I LII H I Li I L I I I I I I 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, 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. f) 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 - . . . . . ♦ . . J .. . : . . .tLi" ilIaII 5. The Bidder will complete the Work for the following lump sum price: iX••ee NunelrtoL Pity r ve ' % a oot o/D.//o-J 3S� aao°a ' Item Estimated Total No. Quantity Description of Item and Lump Sum Price Bid Amount 1. Lump Sum Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, ' removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic ' concrete surface course OR Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, ' reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, ' water lines and yard hydrants, lighting, electrical work, and all work required for a complete and acceptable installation In accordance with the Plans and Specifications e ' .-� t %,(u„ d.r4 V F've fZ,e.�e.. cf dollars $ �,SS, 000 (Dollar Amount W itten in Words) (Total in Figures) TOTAL BASE BID .........................$ 3SStDoo 0 DEDUCTIVE ALTERNATE ' (Bidder MUST furnish price for Deductive Alternate) The Owner may elect to accept the Deductive Alternate listed below. If utilized, the ' Deductive Alternate will be accepted as a lump sum deduction from the Total Base Bid. The lowest Bidder shall be determined by the lowest bid utilizing either the Base Bid or the Deductive Alternate if accepted by the City of Fayetteville. 1 5-3 I Deductive Alternate No. 1 ' Deductive Alternate No. 1 provides for the deletion of the Landscaping and Irrigation system, including brick pavers, automatic control valves (no. 5 and no. 6), sprinkler heads and service piping in the 10 foot wide landscape easement on the south portion of the ' Dickson Street site. In place of the Irrigation system, the Contractor agrees to furnish and install the 1-1/2 Inch diameter irrigation main water line Immediately behind the curb and gutter to be constructed along the south property line. The price furnished by the Bidder ' shall be the amount deducted from the original Base Bid. Total Deduct, Deductive Alternate No. 1 /_ $ do '71 7e6.. 7ZdCt3ar�o !V; ' r Nan Qn 4� ' The Bidder shall leave the following recap blank. If applicable, it shall be filled in by the Engineer. ' Total Bid, Accepting Deductive Alternate No. 1 $ ' 5. (continued) 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 Phase 3: Construction - Dickson Street Site; School Avenue Site will be completed and placed in operation within 75 calendar days after the date when the ' Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. 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. ' 5-4 Submitted this _90 day of 191k. ' Respectfully submitted, i/JdAi d ' irm Name) t.* o., y, S.n c ,• /7irkonsas o�Psic7�.'�n� oAz /l /far.'.,e., ITitle rt s • 4apt„ * ' Arkansas license No. _9,' -J/Z1 I(Seal, if bid is by corporation.) Attest: L P L L I Li I I I 5-5 TO\11.1NSON ASI'11A1.I Co . INC. 1411 W VAN ASCHE FAYFTTEVILL=_ ARKANSAS 72703 ' Instructions to Bidders i 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. 191 O-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 1 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 G'F 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. 7'2,asn, '00 /f Ci ,'d& 2) Permanent main office address. 4'// Al /141 gch'e /f- 3) When organized. /974' 4) If a corporation, where incorporated. /97G 5) How many years have you been engaged in the contracting business under your present firm or trade name? /G I 2-1 Instructions to Bidders I 6) Contracts on hand. (Schedule these, showing amount of each contr the appropriate anticipated dates of completion.) , f scar 4 1 7) General character of work performed by your company. ,L/e%fbt B ' Z.c' 8) Have you ever failed to complete any work awarded to you? ,Ud 9) Have you ever defaulted on a contract? If so, where and why? Ald 1 10) List the more Important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. S« /L ,d 00 11) List your major equipmentva'!able for this contract. J. 68t 4#cd: ��`�`°'J ,f C waG �r e O9 Q�vg - r-sv rI ArAegp. / ACC .GAMa'L 12) f etfcin tns'{r ctldh similar in size to �rof�ct, along with project owners and engineers, .f« �'Ao" x0j 13) Background and experience of the principal members of your organization, 5 includin the officers RE. C0iritJ •o � mli •• f ~H.vR J 14) Credit available: $ tf4444� 15) Give bank reference: I�4r7,�f.�..� tt ? ''ar /B9 /A/6d�1 . 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? ,9'QS' of { .tf.I/!/i4 , 1 Name of Organization: State of County of _s124(day I ate, being duly sworn deposes and says that he lshe)-is the r/a- " of O L , Contractor(s), and that answers to the for oing questions and all statements therein contained are true and correct- t I ttj 3 I I 2-2 I Instructions to Bidders Subscribed and sworn before me this day of 1 19 �. �. BOBBIE Ja'�SS NOTARY PUBLIC-":.?a.S WASI GTuf oc • -v �No Public M` .w..C.NN SS•JN EXV5' ES 4: 5194 ,! IMcommission expires I ' / S' f!5 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 I4.1 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 t to Bidders I and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 1 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 for 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 I conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall till 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 for 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 less than ten days prior to the date for opening of Bids may not be answered. Only I questions answered by formal written Addenda will be binding. Oral and other Interpretations or clarifications will be without legal effect. I 2-4 g 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 live 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. 1 2-5 Instructions 1 to Bidders I 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 on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM I 11.1 The Bid Form 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. p 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 mail or other delivery system, the sealed envelope shalt be enclosed In a separate envelope with the notation BID ENCLOSEDon 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 1 Zf 2 • N. tt ii p __ __ 7s o __ __ __ ~oil 7 V M M O iIyy A ij ' dl q in N "? 11 [HI N Z1 �\ QI i •11 °` w ll pI v \ M ii x k k u a d ''I dd h � '4 � o � UI 01-1 OW IV W� r H O I. Instructions to Bidders I 132 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 I 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 alternates (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 1 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 1 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 1 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, 1 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. Ii 1 2-7 Instructions to Bidders 1 16.5 It 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 the 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 $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he Is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. WAGE$ AND LABOR. Minimum wage rates 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, I shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 1 2-8 1 ' Instructions to Bidders I 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 1 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 1 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 1 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. lIf 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 of 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 ENFOHUEMtN I 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 1 2-9 I BID WALTON ARTS CENTER PARKING LOT PHASE 3- CONSTRUCTION ' DICKSON STREET SITE SCHOOL AVENUE SITE Fayetteville, Arkansas Plans No. Fy-212 ' Dated January 1992 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 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 1 I ' and such addenda are attached to the Bid. 1 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, 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. ' t) 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. ' 5-2 I 4. The following documents are attached to and made a condition of this Bid. Required Bid Security ink form of bid bond-erjertifled or cashier's check for ' 5. The Bidder will complete the Work for the following lump sum price: Item Estimated Total No. Quantity Description of Item and Lump Sum Price Bid Amount 1 1. [I I I I I El I I I Lump Sum Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course ORR Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, water lines and yard hydrants, lighting, electrical work, and all work required for a complete and acceptable installation in accordance with the Plans and Specifications TOTAL BASE BID $____________________ �t� a►!/. �(/ J DEDUCTIVE ALTERNATE (Bidder MUST furnish price for Deductive Alternate) The Owner may elect to accept the Deductive Alternate listed below. If utilized, the Deductive Alternate will be accepted as a lump sum deduction from the Total Base Bid. The lowest Bidder shall be determined by the lowest bid utilizing either the Base Bid or the Deductive Alternate if accepted by the City of Fayetteville. I 5-3 I I I I I I I I [1 I I I 1l I I II El J Deductive Alternate No. 1 provides for the deletion of the Landscaping and Irrigation system, including brick pavers, automatic control valves (no. 5 and no. 6), sprinkler heads and service piping In the 10 foot wide landscape easement on the south portion of the Dickson Street site. In place of the Irrigation system, the Contractor agrees to furnish and Install the 1-1/2 Inch diameter irrigation main water line Immediately behind the curb and gutter to be constructed along the south property line. The price furnished by the Bidder shall be the amount deducted from the original Base Bid. Total Deduct, Deductive Alternate No. 1 = $ /? We. OO �.ra41 ,I a> d 7l.4 o4.41 f VOA0 .4(4w The Bidder shall leave the following recap blank. If applicable, it shall be filled in by the Engineer. Total Bid, Accepting Deductive Alternate No. 1 $ 5. (continued) 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 Phase 3: Construction - Dickson Street Site; School Avenue Site will be completed and placed In operation within 75 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. 7 Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 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. 1 5-4 I Submitted this Sday of _ _, 19�. ' Respectfully submitted, �, Orr he 4 /J6 .z c (Firm Name) 1 B4WO%t.tfl rain ' /1/1 It' ✓A��.,� ji:gAe17EY1416, ' 7ne8 (Business Address & Zip Code) Arkansas license No. 9/- C? I (Seal, If bid is by corporation) 1 Attest: U I I [] I I ' 5-5 ADDENDUM NO. 1 WALTON ARTS CENTER PARKING LOT •,1 Fayetteville, Arkansas Plans No. Fy-212D January, 1992 The Plans for the above project are hereby changed or clarified In the following particulars: On the drainage system, change pipe sizes shown between structures #12-#13, #948, and #647 from 12" to 15" as indicated In the pipe schedule. At the entrance to West Avenue on the left side of the sheet change the sidewalk width of "5 ft." on the north side of the entrance to "131t.±" and add 34 S.Y. to the sidewalk quantity. Also on the south side of the same entrance delete the 22.48 feet of 5 foot sidewalk thus reducing the sidewalk quantity by 12.5 S.Y. Provide handicap ramps on both sides of the entrance. The drainage system shown at the southwest comer of the site shall be revised as per "EXHIBIT A" and "EXHIBIT B" attached hereto. Sheet 5- ELECTRICAL & LIGHTING PLAN - DICKSON ST. On the lower right hand corner of the page, add the following to the notes: "5) All electrical conduit In paved areas shall be bedded and backfilled with sand or A.B.C., CL.7 Base material compacted to 95% M.P.D. 11 At the bottom of the sheet In the Plant List, the quantity for HE should be changed from "20" to "200." Also in the Plant List delete the word "spreads" in the Botanical name "Taxes cuspidata 'Jeffries Pyramidal' spreads" and under the planting size replace the 4'-8" dimension with "48 Inches". Also In the plant list under the Native Wildflower Mix heading, replace the "1 Ib./2000 sq. ft." with "1/2 lb/2000 sq. it." Add 50 S.Y. of Dwarf Tifway solid sod to the quantity shown. This sod will be placed between the parking area and alley to the east. "10. Edging will be placed between all grass and planting areas. Metal edging shall be "Keeling KC176 "or equal." On the lower right hand corner of the page, add the following to the notes: "5) All electrical conduit in the paved areas shall be bedded and backfllled with sand or A.B.C.. CL 7 Base material compacted to 95% M.P.D. Add the following note: "All sidewalks shall be 4" non -reinforced concrete for the width shown on the plans. Saw cut joints (control joints) shall be made at distances equal to the width (I.e., 4' wide sidewalk shall have contraction joints at 4or center). • I Mr - 'St . • .: • II •uIt•Ltj:FJ Add the note "All lighting fixtures shall be 240 von? ssl 2 At the bottom center of the sheet add 'Type A" to the Plan Tvolcal Single Curb lnSS delete the note "Provide standard manhole ring and lid on structure No. 19 only.' "NOTE: Contractor may use stockpiled native stone on site for retaining walls 'C' and V. If additional stone is required Contractor to supply like stone In color and quality." Delete this note and add the following notes: "Note 1. The Contractor shall IIQ1 use any of the existing native stone stockpiled on the she or In the existing wall, but is to remove all existing stone from the site to the contractor's disposal site. The contractor is to provide new native stone for the construction of retaining walls 'C' and 'D'. Representative samples of stone shall be submitted to the Owner for approval prior to construction of the native stone walls. "Note 2. 1" diameter weep holes shall be placed at 4' O.C. in all stone retaining walls. In the lower left hand comer of the sheet, add to the Elm for Double Surface Inlet Details, "Inlet Frame and Grate, Neenah #R-3573" and arrow to both diagonal grates. ATTACHMENTS January 28, 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 I i CONSTRUCT TYPE 'B' I / ` \ CURB INLET II \ 7 Jae \ TOP EL -MATCH CURB I it IN TILL 24 L.F. 3 FL IN - 1346.00 \ I# OF 125R.C.P. C C AT �\I Ii I 0+0 \ �� \� � N. \ \ S \09'-54'-40" W 152.0 T \ I \ N. t XICONSTRUCT \ I TYPE A' / / / / CURB INLET ' TOP -1356.00 FLOUT -1346.60 I I d HOUSE I I � j I [AND CUT EXISTING PAVEMENT REPAIR AS PER DETAIL, T 9 OF THE ORIGINAL PLANS ZARK MOUNTAIN l CYCLE SHOP t I NSTRUCT JUNCTION BOX P RIM TO MATCH EXISTING MN -±1 4.N - 1335.50 ISTING I. - ±1335.0 e rJ REMOVE EXIST. 0 18" R.C.P. AFTER JUNCTION BOX IS CONSTRUCTED +---- L--- --- SCALE: 1"-20' --49._---- 1... -(v)-.. - - - - p I I k f 8PRN0 STREET ADDENDUM NO. 1 ao w f— ao �a 0 WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-DICKSON ST. & SCHOOL AVE. SITES EXHIBIT 'A' HaG0ODWIN. WILLIAMS AND YATES, INC. 1 DRAWN eY PLANS Na TLTING ENGINEERS-FAYETrEV1LLE. ARIL. I S.A.K. I FY -212D MAMCE CdYFR OB1E isai A BC D m 25-1/4 32 22 5-3/4 IN STREET SURFACZS 34 22-1/4 7 300 25-3/4 WATER RESISTANT 32-1/2 20-1/2 5-1/2 366 24-1/2 A FRANIE • 116 AS SPW*D calOut _ FRL AROIMD W AS �^�+�^ =I III- - - N�+ TOPMANH OLE TO BE •_ ILUEL T1TM FINAL DRADE UNLESS OTHERWISE NOTED T OR DIRECTED BY THE ENOI EER. „ J 47' NhRV A- SSTTEA�E AT IC.S, MST -4#41 ACE aa� All a' -o is. _ � ,o os a IN. I A NN1L WA7[RSTOP SMALL BE INSTALLED AROUND i _ 8wI — THE SERER PPE t CAST N lIE CO(1E MALL. _• I 1NS WAIGSTER SMALL BE USLO REOARDLFSS OF I I ' M PPE MAIERML US{D. 12-1 N a MATERIAL OF CONSTRUCTION L — — — — AS SPECIFIED. III -I =� I I'-� -- a=� I=1 �_I No LowR T NN112• b-� OUTSIDE MANHOLE BASE. EXTENDED COMER TO REST UPON FRIST fl ALONG DITCH UNDISIIDIBED SOIL LIME AND LUIS OF /1ICANAIId/ IY M JUNCTION BOAC DETAIL NOT TO SCALE ADDENDUM NO. 1 WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-DICKSON ST. & SCHOOL AVE. SITES EXHIBIT 'B' @199E WeGWDWM. WILLIAMS AND YATES. INC. DRAYN SY I PLANS Mo. CONSULTING ENGINEERS—FAYETI'EVII].E. ARE S.A.K. fl' -212D ADDENDUM N0.2 WALTON ARTS CENTER PARKING LOT Fayetteville, Arkansas Plans No. Fy-212D January, 1992 The Specifications and Contract Documents and the Plans for the above project are hereby changed or clarified In the following particulars: 2.9 ..• 1 41x1 at al■ • • u : : u \l :.► ': Il _ 11 The Contractor's lump sum bid shall include the cost for up to 100 cubic yards of undercutting operations for both sites. Any authorized undercutting in excess of the 100 cubic yards shall be paid for by the Owner at a rate of $6.50 per truck (loose) yard. Undercut operations include, but are not limited to, the following: The excavation, loading, hauling and disposal of unsuitable material to the Contractor's disposal site; the loading, hauling, dumping, spreading and compacting of suitable material from the Grigg property In the previously excavated area.' i:1 : • S t . l- '• Three existing and one proposed contour have been modified and are attached hereto as Exhibit 'C'. The area modified was in the northwest corner of Jose's parking lot. ATTACHMENT ••• 11111 • ,. •• tr IK • : 1 1 1 1 CONSTRUCT 4' CURB CU4. • • `3A • • • • • • fry --.-;-•---- - •Jf ... ................1317..... .• 1 w • 1 REMOVE, REOR�IDE AND REPLACE 4 w •• :` PAVEMENT SECTION IN KIND. • ••I. I. • • SAW CUT ALL PAVEMENT. • i ;' 10'-0' LANDSCAPE AND CONSTRUCTION EASEMENT I 4 12.3 JOSE'S RESTAURANT ' O 7.� FINISH FLOOR 12b.78' + S 44.83' -- --= -- • • d1 S _ _ ., I It . ',`. k_ 10'-O -tADSCAPE AND CONSTRUCTION EASEMENT TT\1 SCALE: f"s2OI. t1NDERGROUND i•.,,........ , / �' CULVERT �,--' • •..• "� `"' ADDEN U NO. 2 1 r •;'' ,.-'' WALTON ARTS CENTER PARKING LOT -- ` PHASE 3-CONSTRUCTION-DICKSON ST. k SCHOOL AVE. SITES EXHIBIT 'C' C 1991 Mc000DWIN VIIJJAYB AND YATEB, INC, ORAVM BY "a' CONSULTING INGINEERB—FAYE7TEYILLE, Js ARE S.A.K. FY -212D Jfl4-29-,92 15:22 ID:M W Y INC ADDENDUM MD. 2 WALTON ARTS CENTER PARKING LOT Fayetteville, Arkansas Plans No. Fy-212D January, 1992 `.vtl1.41 4e.1 a ai■ a s I. : u �\j ► . u .\� • • I • • • • : O-4 . r• I 1 • • • • 1 - 11 11 • II "The Contractor's lump sum bid shall Include the cost for up to 100 cubic yards of undercutting operations for both eltea. Any authorized undercutting in excess of the 100 cubic yards shall be paid for by the Owner at a rate of $8.50 per truck (loose) yard. Undercut operations kiclude, but are not limped 10, the following: The excavation, loading. hauling and disposal of unsuitable material to the Contractors disposal site; the loading, hauling, dumpkq, spreading and compacting of suitable material from the Orlgg properly In the previously excavated ana.' PiTh rk.1iPi i!tJ1fltI" Viklt1AJt "'ll )y2kr!j!t1M1flh1}1 ATTACHMENT January 28, 1092 McGoodwln, Williams and Yates, Inc. Consulting Engineers 900 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-9404 FAX (501)443-4340 SAN• -29-'92 15:23 ID:M W Y INC 10 s � 0 I 'j•4»tS S. Y7 II 1 RRNOVI. RZQRkD9 AND REPLACE 1 if / PAVEMENT SECTsECTib4l IN KIND. ri ! I SAW CUT ALL PAY PENT. WI 10•O1 LANDSCAPE AND CONSTRUCTION EASEMENT 12.37JOSE'S RESTAURANT . 5 < FiNIS4 83QR II PE AND ALE: I'• ASEI,ME�IT . SC20' J_N_DERGROUND CULVERT ----------- ------------ ,-+' 1 Vii• - �%;�. ADDEN • WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-DICKSON ST. & SCHOOL AVE. SITES EXHIBIT 'C' C lSOSMaCOODWIN. TRIUAIII AND YATf, INC. MAA1W iv JK/rt rs coNemma womanil-nAY37MI s, an. I S.A.K. IFY-2120 JA N-29-'92 15:22 1D:M W Y INC January 29, 1992 Res WALTON ]TATS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKBON STREET SITE SCHOOL AVENDI SITE Payettevills, Arkansas Project No. Py-212D This is to acknowledge receipt of Addendum No. 2 on the above referenced project. This addandua will be attached to our bid documents in accordance with Pines copy, sign and return this aaknowledgasaeat by PAZ Saginaw NNY !AE No. 801/443-4340 JAN -29-'92 15:21 ID:M W Y INC #657 P01 FROM: Dana Stahl TOTAL. PA4e! ML 3CNOCR INITIALS LM MCGOODWIN, WItL1AMs AND YATES, INC. CONSULTING ENGINEERS 909 ROLLING HILLS DRIVE FAYETTEVtLLC, ARKANSAS 72703 TO: fl1? ! i N - t'NzkO 1' DATE January 29. 1992 ADDENDUM N0. 2: Walton Arts Center Parking Lot Phase 3 - Construction Dickson Street Sits & School Avenue Site RE: ACKNOWLEDGEMENT TO -BE FAX'D TO MWY TELEPHONE No. 1501/443-3404 FAX No. 50V443-4340 SAN -28-'92 ;4:32 ID:M W Y INC ADDENDUM ND.1 WALTON ARTS CENTER PARKING LOT Fayetteville, Arkansas Plans No. Fy-212D January, 1992 The Plans for the above project are hereby changed or clarified N the following particulars: At the entrance to West Avenue on the left site of the sheet change the sidewalk width of •a fL' on the north side of the entrance to `13 fL s • and add b4 S.Y. to Us sidewalk quantity. Also on the south side of the same entrance delete the 22.48 feet of 6 foot sidewak thus reducing the sidewalk quantity by 12.6 S.Y. Provide handicap ramps on both Was of the entrance. The drainage system shown at the southwest corner of the site shat be revised as per 'EXHIBIT Aand 'EXHIBIT B' attached hereto. Y On the lower right hand comer of the page, add the following to the rotes: "5) AN electrical conduit In paved areas shall be bedded and backflied with sand or A.B.C.. CL7 Base material compacted to 95% NLPA. J N-28-'92 14:33 ID:M W Y INC 4 At the bottom of the sheet In the Plant List, the quantity for HE should be changed from '20' to '200.' Also In the Plant List delete the word spreads' In the Botanical name 'Taxis cuspldata 'Jeffries Pyramidal' spreads' and under the planting size replace the 4'-8' dimension with '48 Inches". Also In the plant list under the Native Wildflower Mix heading, replace the '1 bf000 sq. It' with b'2000 eq. R' Add 50 S.Y. of Dwarf Tllway solid sod to the quantity shown. Thin sod will be placed between the parking area and alley to the east. •LUfl!r:] , • yr. • , • • 0 . • I . • • '10. Edging will be placed between all grass and planting areas. Metal edging shaft be 'Keeling KC176'or equal' On the lower right hand corner of the pegs, add the following to the rotes: '5) Al electrical conduit In the paved areas shall be bedded and backflkd with sand or A.B.C., CL 7 Base material compacted to 95% M.P.D. Add the following note: "Al sidewalks shaft be 4' non -reinforced concrete for the width shown on the plans. Saw cut joints (control Joints) shaft be made at distances equal to the width p•a., 4' wide sidewalk shall have contraction joints at 4' or center). El. ittilLa l_j • . •• M �• I . ; . . . I • . Add the note 'Al fighting fixtures shaft be 240 voN.' - . • . : • • . • • - . • • •11.!t1.II 2 • SR9-20-'92 14:33 ID:M W Y INC WV .. 1 'i . IJII r 1• 1'I'. • • • • • 1•1 • i rl In the middle of the shoot a blocked note appears and reads as follows: 'dlZT• Contractor may use stockpiled native store on site for retaining wait 'C' and V. If additional Mono Is requited Contractor b supply We stone In color and quality.Delete this note and add the following notes: 'Hots 1. The Contractor shall tlm use any of the existing native atone stockpiled on the site or In the existing well. but Is to remove all existing store from the site to the contractor's disposal site. The contractor Is to provide now native stone for the construction of retaining walls 'C' and O'. Representative samples of stone shall be submitted to the Owner for approval prior to construction of the native atone wait. 'Hote Z 1' diameter weep holes shall be placed at 4' O.C. In all stone retaining walls. ATTACHMENTS January 2B. 1992 McGoodwh. Wlteams and Yates. Inc. Consulikp Engineers 909 Rang Hpt Drive Faysttavtlla, Arkansas 72703 Phone (601)4434404 FAX (601)443.4340 3 JAN -28-'92 14:34 ID:M W Y INC CONSTRUCT TYPE It — — \ \ CURB INLET I; �`/ � Ti�Lt. TOP EL -(MATCH CURB I ryOF 1S' 24LF P, FL IN • 1344.00 N'4 ' AT 2.30 C C �� \ w -s4' -4o" W 152.0 It'--' i , ;' % c S IN EET T •A• - < —` TOP -1336.00 FL OUT.1346mS0 r iiin HOUSE I ' + SAW EXISUNG PAVEMENT AND REPTAIR AS PER DETAIL ' ' SHEET ti OF THE ORIQWAL PLANS I I l s.w 1 I t CONSTRUCT JUNCTION BOX T P RIY HTING I E IN - 1333.30 EXISTING IL - *1333.0 --.-w--- wb - I I RELOVE 1C R.C. JUNCTIC CO STR I T T ;XIST. p AFTERsoxis 1 TTED t - - L - - - .� - - _ SCALE: 1'.20' --- - - yr- - - - yl� WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-DICKSON ST. & SCHOOL AVE. SITES EXHIBIT 'A' IM000D11R1. TIUJAH3 AND YATM WC. I MAUI w I wwt NO. USING ENCIN=ella-rAYrrWWZ. ARIL I S.A.K. I FY -2120 • JAh1-28-'92 14:34 ID:M W Y INC TEL NC:501-443-4340 #637 P0'7 . L i sihid YANNCLE CCYUR Or1OI$OM N(MJIT A T178 26-1/ 22 5-3/4 I. tiff? SUM300 F32-1/2120-1/215-0/2 7 26-3 422-1/4 WATIR IKSISTANT 366 24-1 WIM" a U0 Al WE C A11011W W M MONO ! Owa *M01a0r1[CID 6r M c.Na y$TML Y6111101[ Sri AT 1P W1E*V S - ST600OD I ADDENDUM NO. 1 WALTON ARTS CENTER PARKING LOT PHASE 3-CONSTRUCTION-OICKSON ST. Ie SCHOOL AVE. SITES EXHIBIT 'B' C>092Ye000DfOi, RU.IAw AND YATIS, DC. I ORA ' "r rota w0. CONBSLTSW6 2NOINun-n nn=V1Ui, An . S.A.K. FY -2120 • 3r4-28-'92 14:31 ID:M W Y INC January 28, 1992 WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE Fayetteville, Arkansas Project No. Fy-212D Thi■ i■ to acknowledge receipt of Addendum No. 1 on the above referenced project. This addendum will be attached to our bid document■ in accordance with Please copy, immediatelrl NM »Z No. sot/443-4340 acknowledgement TAN -29-'92 1431 ID:M W Y INC #637 P61 F�oML Dana Stahl TOTAL PAOli �+ ;[NOLf INIIA{i LM � TO•. Ci;,a%u ` I%Ak.hbr ADDENDUM NO. 1: Mal Pha RE: Die ACKNOWLEDGEMENT TO T TELEPHON¢ No. MCGOODWIN. WILLIAMS AND YATES, INC. CONSULTING ENGINEERS 909 ROLLING HILLS DRIVE FAYErrLVILLE ARKANSAs 72703 DATE: I January 28. 1992 its nter Pa, ing. Lot onstruction rest Site & School A 'n TO MWY / Site FAX No. I I I I 1 I I I I I I 1 I. I I I 1 ■MiCONTRACr ooCUMENts WALTON ARTS CENTER. PARKINS .LO.T HASE 3- CONSTRUCTIC DICKSON STREET: SITE SCHOOL AVENI =E -SITE FAYETTEYILLE, ARKANSAS PLAN: UQJy2 JANUARY 1991 • Ii SPECIFICATIONS AND CONTRACT DOCUMENTS WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE FAYETTEVILLE, ARKANSAS PLANS NO. Fy-212 JANUARY 1992 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS 0 1992 McGoodwin, Wdiwm and Yates TABLE OF CONTENTS Advertisement for Bids ...................................... a lnstructlons to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State Wage Determination ..... 0 ...... . Bid...................................................... Contract Performance Bond and Payment Bond ........................ Standard General Conditions of the Construction Contract Supplementary Conditions ..................................... TECHNICAL SPECIFICATIONS Division 1 General Requirements Project Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ASHTD Standard Specifications Reference ...................... . Division 2 Sitework Landscaping . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Irrigation ................................................ Division 9 Special or Miscellaneous Items of Construction Aluminum Handrails ...1141 .. . . . . . . . . . . . . . . . . . a . a . . . . . . . . . .. Section Division 11 Electrical Electrical - General ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1100 Conduit................................................. 1105 Electrical Wire ............................................ 1110 Electrical Services ...................... a .................. 1120 Circuit Breaker Lighting Load Centers (240 VAC Maximum) 1138 Lighting Fixtures . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . 1142 Nameplates and Labeling .................................... 1150 Miscellaneous Electrical ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1195 Division 12 Payment Methods of Measurementand Payment a.aaa1200 it I ADVERTISEMENT FOR BIDS Notice Is hereby given that, pursuant to an order of the Board of Directors of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00 p.m, on Thursday, • January 30, 1992, for furnishing all tools, materials and labor and performing the necessary work for construction of Phase 3 - Construction of Dickson Street Site and 1 School Avenue Site of the Walton Arts Center Parking Lot. At this time the bids received will be publicly opened and read aloud In the Purchasing Office of City Hall. The work generally consists of: BID NO. 92-2 WALTON ARTS CENTER PARKING LOT PHASE 3: CONSTRUCTION - DICKSON STREET SITE SCHOOL AVENUE SITE PROJECT NO. ST90-004-TR 1 Plans and specifications are on file and may be examined at the office of the Public Works Department, City of Fayetteville, and In the office of McGoodwin, Williams and ' Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Copies of these documents may be obtained from the office of said engineers upon request and upon the payment of $35.00 for plans and $35.00 for specifications, a total of $70.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall nj be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the Owner, City of Fayetteville, Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Phase 3: Construction - Dickson Street Site and School Avenue Site, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. I 1-1 The Board of Directors reserves the right to reject any and all bids and to waive any Informailties in the proposal deemed to be in the best interests of the Board. The Board further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this 15th day of January 1992. /s/ Peggy Bates Peggy Bates, Purchasing Officer 1-2 Instructions to Bidders I 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 x All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. It necessary, questions may be answered on i separate attached sheets. The Bidder may submit any additional information he desires. Ii) 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? 1 2-1 Instructions I to Bidders I 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) I 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) List the more Important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. I 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, 1 including the officers. 14) Credit available: I 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? nAll ,6rvma44c j 4n4tj suh,mtl?,d ai4., FPhrwIIPhas&7L LlWlow k/s u Qrk1hcr a Datedattc4O NcIt�.6I, Futift9dLt, AR this 0L day of Lfdnuaru ,19 GZ . Name of Organization: APAC-Aiktzn5as !rtes. Htd rnh-A lkoy 47✓rrnw t A A V , ! - '_7 Title V,Ce Y�uerdrwt State of I County of 41/cra ____vx _ Jcwnt A -&1e. _ being dulysworn deposes and says 1 that he (she) is the _ ___ Vibe. residt of AP - atk it4zc .lne� (YeCJ,,,{vu-,4rich> Qwisld►2 Contractor(s), and that I' answers to the foregoing questions and all statements therein contained are true and correct. 2-2 1 Instructions to Bidders Subscribed and sworn before me this -3 DV' day o cane , My commission expires Q 5 - O9 - X0O1 (sea]) 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 Taws 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 1 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 Bidders 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 for 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 i conduct such explorations and tests as each Bidder deems necessary for 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 for 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 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 less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by lormal written Addenda will be binding. Oral and other Interpretations or clarifications will be without legal effect. 1 2-4 Instructions to Bidders 1 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 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. 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 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 1 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. 1 2-5 Instructions 1 to Bidders I 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 on 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 Form 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. I 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. I 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 subm(tted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid Is sent through the mail or other delivery system, the sealed envelope shall be enclosed In a separate envelope with the notation "BID ENCLOSEDon 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 1 IInstructions to Bidders I 132 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 alternates (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 1 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. i16.2 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 1 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 I 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. t16.4 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 1 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. 1 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 the 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 the Contractor agrees that M 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 rates 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. Ii 2-8 1 I I I I I t I 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 of 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. 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. 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. ' 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 1 work or undertaking to perform any duties under any contract within the State of Arkansas. I 1 2-9 B a crMa: ..1 :aii y« C , arccsor 1 ;. STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WESTMARKHAM LITTLE ROCK 72205 (501;684-4500 September 4, 1991 Mr. Dana Stahl McGoodwin, Williams & Yates • 909 Rolling Hills Drive • Fayetteville, AR 72703 RE: Walton Art Center Parking Fayetteville, Arkansas IWashington 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 ' 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. 1 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. S22 -9-308(c). 1 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 ' (501) 682-4533 or through fax at (501) 682-4532. Sincerely, • Ann Sanders Prevailing Wage Supervisor enclosure 1 4-1 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 1 Fayetteville, Arkansas EXPIRATION DATE: 3-4-92 SURVEY f: 691-AR22 I BASIC HOURLY FRINGE I CLASSIFICATION RATE BENEFITS Bricklayers 12.80 Carpenters 10.75 ' Cement Masons 9.10 Concrete Finishers 12.20 1.23 Electricians 15.19 2.89 ' Glaziers 12.75 HVAC Mechanics 9.95 1.15 Ironworkers 14.65 3.67 Laborers 7.65 I Lathers 11.54 .89 Metal Building Erectors 8.50 .45 Painters 8.90 ' Plasterers 14.20 Plumbers & Pipefitters 11.45 2.55 Roofers 11.20 Sprinkler Fitters 15.97 4.83 Sheet Metal Workers 10.10 2.30 Power Equipment Operators: Backhoes 8.85 ' Bulldozers 8.65 Cranes 8.90 Frontend Loader 9.60 Waterproofer 12.05 Welders --receive rate perscribed for craft performing operation ' to which welding is incidental. I CERTIFIED ' June 7, 1991 I I 1 4-2 LiC.. J,..:71 1V•JJ Ii.. .VV.J r ...L I I I I I IH 1ni. ucr 1 oowma STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM LITTLE ROCK, ARKANSAS 74405 (501)684.4500 • FAX: (501) 684-4534 December 30, 1991 Chuck Nichols McGoodwin, Williams & Yates 909 Rolling Hills Drive Fayetteville, AR 72703 RE: Walton Arts Center Parking Lot Fayetteville, Arkansas Washington County Dear Mr. Nichols: In response to our telephone conservation this morning, enclosed is an addendum to Prevailing Wage Determination 91-48 for the above -referenced project. Should you have any questions, please feel free to contact me at (501) 682-4533. Sincerely, i SS '�...1 . , (;C . Cx?w„- Ann Sanders Prevailing Wage Supervisor ' enclosures I] I C H rj J.L. Tv.WI ez Dicta 1 4-3 Page 1 of 2 ARXANlAB DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE ' DATE: December 30, 1991 DETERMINATION #: 91-48 PROJECT: Walton Art Center Parking COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATE: 3-4-92 BASIC CLASSIFICATION HOURLY FRINGE Bricklayers RATE BENEFITS 7.20 Carpenters 7.20 Concrete Finishers 7,20 Electricians 8.75 ' Ironworkers: Structural 6.30 Reinforcing 5.45 ' Laborers: Air Tool Operator 5.15 Asphalt Heater Operator 5.15 Asphalt Raker 5.85 Carpenter Helper 5.15 Chain Saw Operator 5.15 Checker Grade 5.45 ' Concrete Finisher Helper 5.15 Concrete Joint Sealer 5.15 Concrete Saw Operator 5.15 ' Flagger 4.25 Forrsetter 5.45 Laborer 4.25 Pipelayer 5.45 Powderman 6.40 Vibratorman 5.15 Painter 6.20 Pile Driver Leadman 6.20 Power Equipment Operators: Aggregate Spreader Operator 5.80 Asphalt Plant Fireman 4.85 Asphalt Plantdrier operator 4.85 Batch Plant Operator 5.80 Bulldozer Operator: Finish 6.90 ' Rough 5.65 Bull Float Operator 5.65 Concrete Curing Machine Operator 5.65 Concrete Mixing Operator: Less than 5 sacks 5,15 5 sacks or more 6.20 ' Backhoe-Rubbertired 1 yard or less 6.10 Cherry Picker Operator 6.10 Concrete Paver Operator 6.70 Concrete Spreader Operator 6.70 ' Crane, Derrick, Dragline, Shovel, Backhoe Operators: 1-1/2 yards or less 6.70 ' Over 1-1/2 yards 7.20 Crusher Operator 5.65 Distributor Operator 5.65 4 4 I L Page 2 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: December 30, 1991 DETERMINATION #S 91-48 PROJECTS Walton Art Center COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATES 3-4-92 BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS Drill Operator (wagon or truck) 5.65 Elevating Grader Operator 6.70 Euclid or like Equipment Operator (bottom or end dump) 5.25 Finishing Machine Operator 6.10 ' Forklift Operator 5.05 Front End Grader Operator 5.05 Front End Operator: Finish - 6.70 Rough 5.65 Hydro Seeder Operator 5.15 Mechanic 6.90 Mechanic Helper 5,25 Motor Patrol Operator: Finish 6.90 Rough 5.65 Mulching Machine Operator 5.15 ' Oiler and Greaser 5.45 Pile Driver Operator 6.20 Power Broom Operator 5.15 ' Pug Mill Operator 5.15 Roller Operator (self-propelled) 5.25 Scraper Operators Finish 6.90 Rough 5.65 Sod Slicning Maching Operator 4.95 Stabilizer Mixing Maching Operator 5.65 Tractor Operator: Crawler Type 5.15 Farm and Wheel 5.15 Wheel Type (with attachment 1 yard or under) 5.55 Trenching Machine Operator 5.55 Stonemasons 7.20 Truck Drivers: Distributor Truck 5.45 • Semi -trailer 5.45 Lowboy 5.65 Transmit Mix 5.45 Truck Drivers (Light -less than 3000 lbs.) 4.85 Truck Drivers (Heavy -more than 3000 lbs.) 5.15 Well Drillers 6.90 I I Welders -receive rate prescribed for craft performing operation to which welding is incidental. CERTIFIED JULY 13, 1989 I 4-5 I 1 BID ' WALTON ARTS CENTER PARKING LOT PHASE 3 - CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE ' Fayetteville, Arkansas Plans No. Fy-212 Dated January 1992 Board of Directors City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 APAC-Arkansas, Inc. To the Board of Directors: ' McClinton -Anchor Div. 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 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 %t'ANUA2y2t 1992 ADI)EFIDUM Ada ' iAsunty ig 1491 ADDCAIDUw Q a ' and such addenda are attached to the Bid. ' 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 Ito 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, 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. f) 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. ' 5-2 I I I 4. 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% AMOLMT k'lfl ($ )• ' 5. The Bidder will complete the Work for the following lump sum price: I I I LI I I I H I I I Item Estimated Total No. Quantity Description of Item and Lump Sum Price Bid Amount 1. Lump Sum Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course OR Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, - reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, Irrigation system, water lines and yard hydrants, lighting, electrical work, and all work required for a complete and acceptable Installation in accordance with the Plans and Specifications L rlr ry y h« _ig T r# (Dollar Amount Written in Words) (Total in Figures)_ TOTAL BASE BID $ 3 Gn DEDUCTIVE ALTERNATE (Bidder MUST furnish price for Deductive Alternate) The Owner may elect to accept the Deductive Alternate listed below. If utilized, the Deductive Alternate will be accepted as a lump sum deduction from the Total Base Bid. The lowest Bidder shall be determined by the lowest bid utilizing either the Base Bid or the Deductive Alternate it accepted by the City of Fayetteville. I 5-3 I Deductive Alternate No. I Deductive Alternate No. 1 provides for the deletion of the Landscaping and irrigation system, including brick pavers, automatic control valves (no. 5 and no. 6), sprinkler heads and service piping In the 10 loot wide landscape easement on the south portion of the ' Dickson Street site. In place of the Irrigation system, the Contractor agrees to furnish and Install the 1-1/2 inch diameter Irrigation main water line immediately behind the curb and gutter to be constructed along the south property line. The price furnished by the Bidder shall be the amount deducted from the original Base Bid. ' Total Deduct, Deductive Alternate No. 1 = $ /// 7e3 E` The Bidder shall leave the following recap blank. If applicable, ft shall be filled in by the Engineer. Total Bid, Accepting Deductive Alternate No. 1 $ ' 5. (continued) ' 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 Phase 3: Construction - Dickson Street Site; School Avenue Site will be completed and placed In operation within 75 calendar days after the date when the ' Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. 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. 1 5-4 U I I 11 I 1 I I C I I I I I C I U Submitted this 30 Tk day of JANLLARV , 193_. S• • • h• Respectfully submitted, APAC-Arkansas, Inc. McClinton -Anchor Div. (Firm Name) By e Gmas A. & P.O. BOX 1367 FAYfrfCLB, AR Tlsot (Business Address & Zip Code) I 5-5 I Ii I I I fANTRAcT County of Washington THIS AGREEMENT, made and entered Into this day of 19_,by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and Part, hereinafter called the Contractor. ' WITNESSETH THAT: ' WHEREAS, the Owner has called for bids for Walton Arts Center Parking Lot, Phase 3: Construction - Dickson Street Site and School Avenue Site, as set out in the Plans and Specifications and approved by the City of Fayetteville. Arkansas; and I H I I I C I 1 I H 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 Phase 3 Construction; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete surface course QR Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, Irrigation system, lighting and electrical work, and all items as set out In the Bid, these Specifications and Plans No. Fy-212 dated January 1992, including all work required for a complete and acceptable 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 dollars ($ ), 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 P 6-1 I r• • • • • r: :• 1 : • :• - • • [•: •.441ht.iW :• YY• •: V_ 1 - •: - • - • • II • I •• - • • I • - • YY• • r. 1 I - • • : • • : A .1[b : • I: I otherI • - - I 1 : • printed 1• • 1 I • 1 • • • ♦• Y: • • Y• • • Y: • I • Y: • ' • Y: : • • •• • : • : Y: - • • LA • c I • • • I • • • • : : I • 1 ' The Contractor agrees to commence work within ten (10) 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 falls in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of five hundred dollars ($500.00) 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 Ito 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 ed 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 1 6-2 I I I I I I I I H I I I 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. In the event the Contractor abandons the work hereunder or falls, 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, 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. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. Firm Name By if corporation, secretary should attest. 1 Attest: I I I Sherry L. Thomas, City Clerk CITY OF FAYETTEVILLE, ARKANSAS Fred Vorsanger, Mayor El 6-3 I 1 1 1 i 1 1 1 1 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a(2) called "Principar and (3) I^u the 'Surety," are held and firmly bound unto (4) hereinafter called hereinafter called the "Owner, in the penal sum dollars ($ ) 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 such that whereas, the Principal 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 construction of: Walton Arts Center Parking Lot; Phase 3: Construction - Dickson Street Site and School Avenue Site; 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 1 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 1 In making good any default, then this obligation shall be void; otherwise to remain in full force 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. 7-1 I I I I I I I I I I I I I 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 executed in six (6) counterparts, each one of which shall be deemed as original, this the day of 19 . Attest: (Principal) Secretary (Seal) Witness as to Principal Address Attest: (Surety) Secretary (Seal) Witness as to Surety Address Principal By Address Surety Attorney -in -Fact Address 1 NOTE: Date of bond must not be prior to date of contract. (1) Correll name of Contractor. (2) A corporation, a partnership, or an kdvidual, 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 Cleric of the county where the work Is to be performed prior to the start of construction. 1 7-2 1 I I u I I I I I I I I I a I I I I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a(2) 7- - ili"71 State of ____________________1hereinafter called the Surety' are held and firmly bound unto (4) hereinafter called the 'Owner' in the penal sum 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 such that whereas, the Principal 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 construction of: Walton Arts Center Parking Lot; Phase 3: Construction - Dickson Street Site and School Avenue Site; 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 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 Li I PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be 1 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. I IN WITNESS WHEREOF, this Instrument Is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of 19 Attest: 1 Principal (Principal) Secretary By 1 (Seal) Witness as to Principal Address Address Attest: Surety (Surety) Secretary By (Seal) Attorney -in -Fact Witness as to Surety Address Address 1 NOTE: Date of bond must not be prior to date of contract. I (1) Correct name of Contractor. • (2) A corporation, a partnership, or an k dividuaf. 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. (g) This the work lento be be prior to th$ed with the e start Clerkof construction.wFrere 1 7-4 i C] I I This document has important legal consequences: consultation with an attorney is encouraged with I 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 / • MG• Cie UAMEqICAN« r"o A i ac v a4 it" PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS ICONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by i-i' -nn.spa The Associated General c " Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements INo. 1910 -8 -A -I or 1910-8-A 1983 editions). Their provisions are intcrre!ated 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 Supp!e- mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidden (No. 1910-12, 1983 edition) may be used. 1 No. 1910-8 (1983 Ed.11on) I I E I I I I [i i I cI I O1983National Society of Professional Engineers I 2029 K Street. NW , Wash]ngton, D.C. 20006 American Consulting Engineers Council 1015 15:h S:reei. NW. Wnehmgton, D.C. 2f'005 Amencan Society of Cis ^1 Engineers 345 East 47th Sircet, New York, NY 10017 Construction Specifications Institute 601 Madison St.. Alexandria, VA 22314 Li 11 1 I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page 1 DEFINITIONS...................................................... 7 2 PRELIMINARY MATTERS..........6...................6......... 8 3 CONTRACT DOCUMENTS: 1 INTENT, AMENDING AND REUSE ............6 .................. 9 4 AVAILABILITY OF LANDS. PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 10 1 5 BONDS AND INSURANCE ........................................ II 6 CONTRACTOR'S RESPONSIBILITIES .... ....................... 14 7 OTHER WORK ..................................................... 18 8 OW'NER'S RESPONSIBILITIES...... .......... 6.6..... 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 10 CHANGES IN THE WORK.................6....................... 21 It CHANGE Od CONTRACT PRICE..............................21 112 CHANGE OF CONTRACT TIME...................................24 13 WARRANTY AND GUARANTEE:? ESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTI V E WORK .............. . . . .......... 24 1 14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26 15 SUSPENSION OF WORK AND TERMINATION ....... 29 1 16 ARBITRATION ............................................... ..... 31 17 MISCELLANEOUS................................................. 32 1 I 1 1 3 I 1 I INDEX TO GENERAL CONDITIONS Article or Paragraph Number ' Acceptance of Insurance ...... 5.13 Access to the Work .. •........................ 13.2 Addenda —definition of (see definition of Specifications) ........................................ I Agreement —definition of ................................ I All Risk Insurance ..................................... 5.6 Amendment, Written ............................. 1.3.1.1 Application for Payment —definition of .................. I 1 Application for Payment, Final ................... 14.12 Application for Progress Payment ....... 14.2 Application for Progress Payment —review of .... 14.4-14.7 Arbitration utoari ti n in W...............................5 Authorized Variation in Wurk ......................... 9.5 Availability of Lands .............. .. 4.l Award, Notice of —defined .............................. I Before Starting Construction ...................... 2.5.2.7 Bid —definition of ....................................... I Bonds and Insurance—ia general ........................ 5 I Bond! definition of ..................................... I Bonds. Delivery of ............................... 2.1.5.1 Bonds, Performance and Other .................... 5.1-5.2 Cash Allow antes ..................................... 11.8 Change Order —definition of .............................I Change Orders —to be executed ............. ........ 10.4 inCla ms, W the vWork . Final Payment .................. 16 Claims, Waiver often Final Payment .. .. 14.16 Clarifications and Interpretations .. .. 9.4 Cleaning ............................................ 6.17 Completion............................................. 14 Completion. Substantial ......................... 14.8-14.9 Conference. Preconstruc:ion . ........................ 2.8 Conflict, Error, Discrepancy —Contractor to Report .................................. ... 2.5. 3.3 Construction Machinery, Equipment. eic ............. 6.4 Continuing Work ..........4......... ..4 ............. 6.29 Contract Documents —amending and supprementing..................A............... 3 3.5 ' 4- ContractDocuments—definition of .................... . I Contract Documents —Intent ...................... 3.1-3 3 Contract Documents —Reuse of ....................... 3 6 Contract Price. Change of .............................. II Contract Pri:c-4efinition ............................... I Contract Time. Change of ............................. 12 Contract Time. Commencement of .................... '_.3 Contract Time --definition of ............................I I Contractor-- definition of ............................... Contractor Ma, Snip R o•k or Terminate ... ... .... 15.5 Contractor's Continuing Ohligation . ............... 14.15 Contractor's Duty to Report Discrepancy ;n DOCLmentl ......... ........ .............. 2 5. 3 2 Contractors Fee —Cost Pius ... 1I 4'5.6..:.1..5. L 1I 6--I 17 Contractor's Liability Insuran a ....................... 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 .................................... 11.4.11.5 Costs, Supplemental ................11.4.5 Day-1efini:ion of ....................................... Defective—defnition of ................................. Defective Work. Acceptance of ...................... Defective Work. Correction or Removal of .......... I I 13.13 13.11 Defective Work—in general ............... 13, Defective Work, Rejecting ............................. 14.7, 14.11 9.6 Definitions.............................................. Dc_ivery of Bonds ..................................... Determination for Unit Prices ..................... Disputes, Decisions by Engineer .................9.11-9.12 I 2.1 Documents. Copies of ................................. Documents. Record ....... .......................... Documents. Reuse .................................... 2.2 6.19 3.6 Drawings—detnition of ........... ..................... I Easements .............. ............................. Effective date of Agreement—de€nuio-i of ...............I 4.1 Emergencies .................... .................... Engineer —definition of .................................. 6.22 I Engineer's Decisions ............................9.10-9.12 Engineer's—No:ice Work is Acceptah:e ............. 14.13 Engineer's Recommendation of Payment ......14.4. Engineer's Responsibilities. Limitations 14.13 on .................................. 6.6. 9.11, 9.13-9.16 Engineer's Status During Construction —in general ...... 9 Equipment. Labor, Materials and ........... ...... Egt.ivalent Materials and Equipment .................. Explorations of physica: cond.tions .... .............. 6.3-6.6 6.7 4.2 Fee. Contractor's —Costs Pits ........ .... .......... 1 t 6 Fic.d ():der--defirion of ................. ......... ... Fic!d Order —issued by Engineer ... .... ...... 3.5.1.9 5 Final Applicator for P.1)ment ........... ........... 14 12 Final Inspection ....... ............ ......... ...... 14.11 Final P:.vrrent and Acceptance . ... .... .... .... . 14.1? Final Payment. Rccommerdauon of ...........14.13-14.14 Gene -al Prosisions ............ ... ......... ... 17.? -17.4 General Requrements—defn tion of .... .............. . I Gcreral Requirements —principal references to ......... ...... 2.6. 4.4. 6.4. 6.6.6.7, 6.23 L I I E U I I I I Li I l: I I Giving Notice ........................................ 17.1 Guarantee of Work —by Contractor ................... 13.1 Indemnification ............................. 6.30-6.3:, 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 .9.1 Interpretations and Clarifications .....9.4 Investigations of physical conditions ................... 4.2 Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulations definition of ..................... l Laws and Regulations —general ....................... 6.14 Liability Insurance —Contractor's ..................... 5.3 Liability Insurance —Owners ......................... 5.5 Liens —definitions of ................................ 14.2 Limitations on Engineer's Responsibilities ..........6.6.9.11.9.13-9.16 Materials and equipment —furnished by Contractor .... 6.3 Materials and equipment —not incorporated in Work ...............14 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 1 .......................... Notice to Proceed —definition of ......................... 1 Notice to Proceed —giving of ....................... 2.3 .. ..Or -Equal" Items ...... 6 7 ............................. Other contractors ....................................... 7 Other work .............................................. 7 Overtime Work —prohibition of ........................ 6.3 Owner—icfinition of .................................... Owner May Correct Defective Work ................ 13.14 Owner May Stop Work .......... .................... 13.10 Owner May Suspend Work. Terminate I5.:-15.4 .......... Owner's Duty to Execute Change Orders ............. 11.8 Owner's Liability Insurance ............... 5.5 Owner's Representatis c —Engineer :o serve as 9.: ........ Owner's Recponsihil.iies—in general ...................S 8 Oiler's Separate Representative at site .. ............ 9 3 Partial Utilization .......... ............ ......... 14.10 Partial Utilization—dehmtion of ..... ................... I Partial Utlizatton—Property Insurance ..................15 Patent Fees and Rutalties ..... ... ............ ... . 6.:2 Payments. Reeommerdauon of ....... ... 14.4.14 7, 1x.13 Payments to Contractor —in general . ..... ... ......... 14 Payments to Contractor —when due ........... 14.4. 14.13 Payments to Contractor—withho:ding ................ 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 ............. M e. 4.21 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 Facil:ries .. 4.3 .......... Preconstruction Conference ........................... 2.8 Preiiminary Matters ..................................... 2 Premises, Use of ................................ 6.16-6.18 Price, Change of Contract .............................. II Price -Contract —definition of ............................ Progress Payment, Applications far ....... 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 Protect Representative, Resident --definition of ..........1 Project, Starting the ................................... Property Insurance ............................... 2.4 5.6-5.13 Property Insurance —Partial Utilization ............... 5.15 Property Insurance —Receipt and Application of Proceeds ................................... 5 12-5.1' Protection. Safety and ........................... 6.20.6.21 Ptnchlist ............................... 14.11 ........... Recommenda:ien of Payment .......... ....... 14.4. 14.13 Record Documents ................ 6.19 .................. Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting Defective Work .......9.6 Related Work at Site ................. ...... 71.7.3 Remedies Not Exclusive ......................... 17.4 Removal or Correction of Defective Woi k ...... . .... 13.11 Resident Project Represemative—defint:ion of I ........... Resident Project Representative —provision for ........ 9 3 Responsibilities. Con:ractor's—in general ............... 6 Responsibilities, Engineer's —in general ................. 9 Responsibilities, Owner's —in general .... ....... ....... 8 Rc:ainage............................................ 14.2 Reuse of Documents ........................ 3.5 Rightsof Way ........................................ Royalties. Parent Fees and .... ........... 4.: 6 12 .......... Safety and Protect,or.................. ......... 6.'r 6.21 Samples ........... .... ... .... ............... 6.23-6.28 Schedule of progrecs . .... . 2.6. 2.8-2 9. 66.6 6.6 29, 151.6 Schcdalc of Shop Drawing submissions ....... .... ........ 2.6, 2.8-2.9. 6._3. 14.1 Schedule of'tribes ....................2.6. 2.8-2.9, 1a.I Sclicdu'es. Finalinng .................. ' 9 Shon Drawmes anti Samples .................. 6.23-6.28 Shop D:awirgs--Jetinittan of ........ I Shop Drawings, rise to approve ........... ....... substnt.hons ....... 6.7.3 ................ I CJ Site. Visits to —by Engineer ........................... 9.2 Specifications— definition of ............................. I ' Starling 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 .........4 ................... 1 Subcontractors —in general ....................... 6.8.6.11 Subcontracts —required provisions ............5.11.1. 6.11 ' 11.4.3 Substantial Completion— 1 Completion —certification of .............. 14.8 Substantial Completion —definition of ...................I I Substitute or "Or -Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs.....0........................... 11.4.5 Supplementary Conditions definition of ................ I Supplementary Conditions —principal I references to .. 2.2, 4.2. 5.1, 5.3, 5.6-5.8.6.3.6.13.6.23. 7.4, 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, 14.1 Surety —Engineer has no dLly :o ..................... 9.13 1 Surety —notice to ......................... 10.1, 10.5. 1-'.2 Surety --qualification of ........................... Suspending Work. by Owner ......................... I5.1 1 Suspension of Work and Termination —in general .......IS Superintendent—Contrac!o.r's .. .. 6.2 Supervision and Supennterdence .......... ... ... 6.1.6.2 ' Taxes —Payment by Contractnr .... ........... ...... 6.15 Termination —by Contractor .......................... 15.5 Termination —by Owner .......... ........... .. 15.2.15 4 Termination. Suspension of Work ano- :n general ...... 15 Tests and Inspections ................... ....... 13.3-13.7 Time, Change of Contract .............................. l2 I 11 I I _J Time. Computation. of .............................. 17.2 Time. Contract —definition of ............................ l Uncovering Work . ... ..................... ... 13.8-13.9 Underground Facilities—defim:ton of .................... I Underground Facilities —not shown or indicated ..... 4.3 Underground Facilities —protection of ........... 4.3.6.20 Underground Facilities —shown or tneicatcd ......... 4.3.1 Unit -Price Work—defnitton of .........................I Unit Price Work —general ................. 119. 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—Authenrcd ............ 6.2 5, 6.27, 9.5 Visits to Site —by Engineer .. ......................... 9.2 Waiver of C!aims—on Final Payment ............. .. 14.16 Waiver of Rights by in3ured : art.es ............. 5.10, 6.1 I Warranty and Guarantee —by Contractor ............. 13.1 Warranty of Tille, Contractor's ................ ...I... 14.3 Work. Access to ..................................... 13.2 Work —by others ........................................ 7 Work Continuing During Dispu:es .............. ..... 6.29 Work. Cost of ................................. . 11.4-!1.5 Work—def.ni:ion of ....................... ... Work Directive Change —definition of .................. 1 Work Directive Change—prircipai references to ............. ... .......... 3.4.3.:0.1-10 2 \York. Neglected by Contractor ............. ....... 13.14 Work, Stopping by Contractor ........... ............ 15.5 Work. Stopping by Owner ....................... 15.1-15.4 W'rilten A:nendrnent—definition of ...................... Written Amendment —principal refs:ences to ..................... 3.4.1. 10.1, 11.2, 12.1 I I I I [] [1 I I I I I LI GENERAL CONDITIONS ARTICLE I —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. r• .. 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 selling forth the prices for the Work to be performed. Bonds —Bid, performance and pa)meni ttunds and other instruments of security. Change Order —A document recommended by ENGINEER. which is signed by CONTRACT OR and OWN ER and autho- rizes an addition, deletion or revision in the Work, or an ad;ustment in the Contract Price or the Compact Time, issi.ed 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 accompany mg :he Bid and any post - Bid documentation submitted priot to the Notice of Award) when attached as an exhibit to the Agreement, the Bards. these General Conditions, the Supplementary Conditions. the Specifications and the Drawings as the same arc more spe- cifically identified in the Agreement, together with all amend- ments, modificatons and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Priee—The moneys pas able by OWNER to CON- TRACTOR under the Contract Documents as Mated n the Agreement (suhieci to the pro%rsors o: .-.aragrrph 11.9 I in the case of Unit Price Woiki. Contract Tir.u•—'I he number of.'%,% s (compared as pro% ided in paragraph 17.2) or the date Mated .a the Agreement toot the completion of :he Work. CO\'7RACTOR=the person. lirm crcorroration wnh i.hom OWNER has entered into the Agreement. defectit e —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or defic:eni, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard. lest 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 drawnngs 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 of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER —The person, inn 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 no: i nvoh e a change in the Cunt -act Price or the Contract Time. General Requirements —Sections of Div;cion I of the Speci- fica::ons. Laws and Regulation; Laas or Ree'dationc—Laws. ru:es. regulations, erdirances, codes and or orders Notice of Arrard--The written not:ce by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated :herein, within Inc time specified. OWNER will sign and deliser the Agreement. Notice to Proceed —A writ:en notice gisen by OWNER to CONTRACTOR (w ith a copy to ENGINEER) fixing the date on which the Contract rime 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 authonty. corpor Lion. a%so- ciation. firm or person w;lh whum CONT RACI'OR has entered into the .Agreement and for whom the Work is to be pros iUed. Prrtu,t Cuhrar,'on—Plsctng a portion of:he Work in sersice for the purpose for which it is intendec air a rc;ated r urpose) before reaching Substantial Completion for all the Work. Project —the total construction of which the Work to he provided under :he Contract Documents may he the whole. or a part as indica:e, elsewhere in the Contract Documents. Reridu'r Prnrert Representnutc—The authorr7ed rep:esen- tative of ENGINEER woo is assigned to the site or any pan thereof. I I I I I I I I I C1 I I 1.1 I I I I Shop Drawings —All drawings, diagrams. illustrations. schedules and other data which are specifica:ly prepared by orforCONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedu:es. 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 pan of the Work at the site. Substantial Completion —The Work (ora specified pan thereon has progressed to the point where. in she opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Conp'e:ion, it is sufficiently conplele. in accordance with the Contract Documents, so that the Wcrk (or specified pan) can be util:red for the par; oses for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 1.13. The terms "substan:crliy complete" and "suostan:.ally com- pleted" as applied to any work refer to Sibs:ar.tial ('cmp.c- bon thereof. Supplementary Conaitiurs—The part of the Contract Docu- iments wh:ch amends Cr siprlemcnts these General Conde lions. Supplier —A manufacturer, fabricator, supplier. distribitor matenalman or vendor. Underground Fat dares —All pipelines. conduus. ducts. cables. wires, manholes, vaults, tanks, tunnels orother her st.ch fa; i.uics or attachments. and any encasements containing such facil- ities which have been instal.cd underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other comminica- tions. cable television. sewage and drainage remova.. tiaffc or other control systems or water. Unit Price Work —Work to be paid for on the basis of unit prices. Work -1 -he entire com_ Icted co-istruct ion or the tar tows %op araicly idenatiahle parts thereof required to `c furnished under the Contract Documents W'CrK s the remiil of per- form:ng services. furnnhtrg labor and furnishing and ncor- poratmg materials and ecuipment into the corrua:tion, all as required by the Contract Documents. Work Directive Chance —A w rite, directit a 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 tae 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 pasties 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 nonengineenng or contechnical rather that. strictly Work -related aspects of the Contract Documents. (Additiors; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds. 2.1. When CONTRACTOR delivers the executec Agree- ments to OWNER. CONTRACTOR shall also dcliser to OWNER such Bonds as CONTRACTOR may be required to furnish is accordance with paragraph S.I. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to :en copies witless otherwise s,pecified in the SLpplementar' Con- d:nons) of the Contract Decuments as are reasonably nec- essary for the execution of the Work. Addition: copies wi.l be furnished, upon request, at the cos: of rep:oductien. (ACdition; SC -2.2) Commencement of Contract Time; Notice to Proceed: 2.3. The Contract Tame will commence to nun on the tbu::eth ca} after the Effeciise Date of :he Agreement. or. if a Malice to Proceed is given. ni the day mdicauee in the Notice to Proceed. A Notice to Pr, coed maybe given at any time within tiirty days after the Effectne Dare of the Agrce- mert In no event wit. the Contract Time commerce :o run later than the seventy-ffth day after the day of Bid opening or the :hirre i day after the Effcctis a .^.ate of the Agreement., wh:cheserda:e n ear.uer. Starting /lie Project: CON! RAC'I OR shad start In re,torm the Work on the date when the Contract lime ;ontiiences to run. bit no Work sha I he Jane at :he sire ,Rio• to the date on which tie Contra;t I me cumricnccs in -un. Before .Starting ('on strut lion: 2.5. Before uidertanirg etch tit: of the W'om. CON- TRACTOR shall carefill} study and comp;.re the Contract Documents and check and 'truly pertinent fgures shown I I I I C1 r I I I I I I I Li I I 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 wnttcn interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby; however. CONTRACTOR shall rot he 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 dales 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 ali of the Work which wi.l include quantities and prices of items aggregating the Contract Price and will subdivide :rte Work into component pans in sufficient detail to sent as the basis for progress payments during constriction. Such prices will include an aprropria:eamount ol'ove-hcad.nd profit applicah�e to each :rem of Work which sit I `e con- firmed it. writing by C'ON RACTCR at the time of st.h- mission. 2.7. Before any Work at the sac is started, CONTRAC- TOR shat: deliver to OWNER. with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which. CONTRACTOR is required to pt.rchase and maintain in accordance with paragapns 5.3 and 5.4.M ofre/fr$1$ v/p fft fffl/v9 1R fa �M ' SC -2 7�>it�/ Preconstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR s:arts the %%'o:k at the site, a conference attended by CONTRACTOR. ENG:. NEER and others as appropriate will be bed to discuss the schedules referred :o in paragraph 2.6. t.. dr,cass r.•sedurc, for handling Shop Drawings and otter suhmnuds and tnr processing Appl.cations for Payment, and to e.tc b uh a" o; ktrc understanding among the parties as :o the Work. Finalizing Schedules: 2.9 At leas; ten days before submission of the firs: Arp.i- cation for Payment a conference attended by CON1'R•%C- IOR. ENGINEER and others as appropriate will : e Feld to finau7c the schedules submitted in accordance with para- graph 2.6. The finalized progress schedule wit! be accep:.rble to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neitherimpose on ENGINEER resronsihdtty for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor The fina.i7ed schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workab!c 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 netw•een OWNER and CONTRACTOR concerring the Work. The Contract Documents arc co:nr lenenta-y; w hat is eallea for by one is as binding as :1 cal.'cd for by al. The Contract Documents wih he construe.: in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract l)ocwne-tts to de.crtbe a functionary complete Project (or part thereof) to he con- strucled in accordance with the Contract Documents. Any Work, materials o: equipment that may reasonably 'c inferred from the Contrc: Document, as being recuoed to p:odt.ce the intended rcwl: wt:l he saps lied whether or-tot,pecifca:ly called for. When woris which have a well knows techn.cal or trace meaning are used to descnhe Work. material, or egtrpnent such woras sha I he interpreted in accordance u i:h that meaning. Reference to ,tardard spec:r:ations. ntanua.s orcodes of any :echmcal society. organization or association, or to the Laws a: Regulations of any governmenta: aathonty. whether such reference be specific cr by implication, shall mean the latest standard specificat:on. manual.. ode or Laws or Reetdat:ors in effect at the tine of opering of Bads (or. on the Effective Date of :he Agreement if there wc:e no Bids, except as may he otherwise ,pecifical v stated. However, no prosision of any referenced s:andard spec.fication, manta: or cote i w nether or not snecdically incorporated by reference in the Contract Documents) shall he effective :o charge the duties and responsthiht:es of OWNER. CONTRACTOR or ENGINEER, or any of their consu)tants, agents or cm,.6,v- ees from those set forth in :he Cortract Documents, nor shall it he effective to assign to ENGINEER. or any of ENGI- NEER s consult:.nts. ages:s or errp'oyccs. any dun or authent\ to scpervise or d.reci the farm.hlne or per tilt mange of :ke \4'oiK or pry duty or authority to undertaKe responsi. hili:% contrary to the proststons of rara::;:ph 9 Is or I6. C.ait'tc:.nnrs and in:crpreta:ions of the ('oriract Documents shall he issaed by EN(ilNEER as prerded n paragraph Y 4. 3.3. If. du-irg the performance of the Work. CONTRAC- TOR rinds a comhct. error or oiscre; ancy in the Contract Doa.nterts. ('ON I RACTOR sha.) so report to ItNGINtSR in wt:line at once and before rroceedtng with the Work affected thereby shall obtain a written interpretation or clanficanon 1 9 I I I I I L1 I I I I L1 C1 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 :hereof 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 Pnce 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- lions in the Work may be authorized. :n 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 an a 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 an y other project without written consent of OWNER and ENGINEER o.nd specific written verification or adaptation by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; PHYSICAL CONDII IO\S. REFERENCE POINTS Aiailabih(v of Lands: 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to he per- formed. nghts-of-way and easements for access thereto, and such other lands which are designated for the use of CON- TRACTOR. Easements for permanent slractures or perma- nent changes in existing facilit es wil. 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 he required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reportr: Reference is made to the SupplementaryConaittons 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 orforthe 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 concrtinns at the site. (Add;ticn; SC -4.2.1) 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identficalion of those drawings of physical coad:tons in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.31 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 sha.l have full respon- sibility with respect to pnycical conditions in or relating to such structures. 4,2.3. Report of Differing Conditiou: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled in rely as prosided in paagraphs 4.2.1 and 4.2.2 is inaccurate. or 423.?. any physical cordiucn uncosered or revealed at the site triflers m..icrial:v from that indi- cared. reflected o: ;cfered io in the Contract Docu- ments. CONTRACTOR shall. pronirtly at:er becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6._2), notify OWNER and ENGINEER in writing about the iraccuracy or difference 1 10 I I 11 I I I I I L L U El 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 he a!lowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unab!c to agree as to the amount or length thereof, aclaim may be made therefor as provided in Articles II and 12. Physical Conditions —Underground Facilities: 4.3.1. Slro'tn or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Urdergrounc Facilities at or contigt.ous to the site is based on information and data furnished to OWNER or ENGINEER by the ow rers of such Underground Facil- ities or by others. Un;ess it is otherwise expressly ; ro- vided in the Supplementary Condiuons: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or comple:encss of any such information or data: and. 4.3.1.2. CONTRACTOR shall have ful: responsi- bility for reviewing and checking a;1 s.ich information and data, for locating al Undergrnand Facilities shown or indicated in the Contract Documents, for coorcma- tion of the Work with the owners of such Underground Facilities dunng construction, for the safely 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 Shorn or indicated. If an Underground Facility is uncovered cr resealed at or cnntigucus to the site which was no: shown or ind-ca:ed in the Con:!act Documents and which CON rRACTOR could not rcason- ably have bee i expected to he aware of, CONTRACTOR shalt• promptly after becoming aware :'iereof an.: before pertorm•ng any Work alfectec :hereby (except in an emer- gency as permitted by paraercph 6.22). identify the owner ofsuch Underground Facih:y and give writes notice tnereof to that owner and to O\\\ER aid ENGINEER. E:NGI- 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 he 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 survey'lo estah- tish reference points for construction which m ENGINtF 's judgment arc necessary to enah!e CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible lurlay- irg out the Work funlEss s hen4Ts specified in ;he General Requirements). shall protect and preserve the establishid 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- si�le (or the accurate replacement or reloca::or of such ref- erence'ppints by professionally qual:hec personnel. ARTICLE 5 —BONDS AND INSURANCE Performance and Other Bonds: S.I. CONTRACTOR s'iall furnish performance and pay- ment Bonds. each in an amount at least equal to the Contract Price as securty for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least unti: one year after the date when 5na! 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 Con.:i- tions. All Bonds shal! he in the forms p rescnt'ed by Law or Regulation or by the Contract Docunen:s and he executed by 'uch surc:ics as are named in :he cur -en: 1st of "Com• panics holding Cert ficates of A ilhonty as Accep:able Sure- ties on Federal Bons and as Accent..hlc Rc.nsurnc Com- panics" as published in Circular 70 tame•ided) by the Audi: Staff Ikt.reau of Accouris. U.S. Treasury Deparimerl All Bonds signed by an anent must he acconp.ivcc'y a ceriihed copy cf the authonrs to:.ct. (Adcition; SC -5.1.1) 5.2. If the surety on any ford tarnished b% (ON FRAC- TOR is declared a b..nkrupt or becomes mso.vent or its right to do business is terminated in any sate where any part of I I I I I I I I I I I I I 1 C 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 benefi:s and other similar employee ben- efit acts: 5.3.2. Claims for damages because of bodi:y Iniury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury. sickness or cisease, 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 emp!ovment 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 ordesiroctlon of :angib.e prop- erty wherever located, including loss of use resdtmg therefrom; 5.3.6. Claims arising out of opera:.on of Laws or Reg- ulations for damages because of bod.ly injury or uca:h 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 verilcle. The insurance :eq:.ired by this par;.grap'i 5.3 shad inc:u.:e the specific coverages and he wr.uen ter not less that the limits of liability and co,cracec p-o'rued in the Su;.p eme a- wry Conditions, or requucd by taw. +shic1cser s gre;itcr. The coa+prchensise general Itarr6ly msu:ante shall mcILtk eo•itplcied operations nsuiance..VI u: (hc pulums of insur- ance ,o required to be purcha,ed and m:nniaincu for the ceniticates or other esiderce :hereoCl shill ccnta n a provi- sion or endoncmcnt ilat :!;e coverage alfordcd .sill co: be cancelled, material!} cbangcdor rerewal relt.%cd until al east thirty days' prier written notice has been given to OWNER and ENGINEER by certified mail. All such insurance That: remain in effect until final payment and at a.l times thereafter when CONTRACTOR may to correcting. removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTCR shat! maintain such completec operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of suet insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liabil;uv insurance required by paragraph 5.3 writ include contractual liability insurance appiicable to CONTRACTOR's oblitations under paragraphs 6.30 and 6.31. Owner's Liability Insurance: (Rep1 aceT,ent; /t!S!/,()b!'1Cf.�/66faiJlSl /rlseb!f pie/fb�,;><i/��rf d ,6lx Vikt#fl/OKN bib/4;(f/pa'1)tlt//r4/4f'4 et/aM/hr 97'1Vf/v$/6r/fr��r��� ff �7(P/'9rP/'l'�Y'r'�rl�N�f rFry�><ehfh7t/r)'�/ (Rep,acements; roprrn Insurance: SC 5. 5; SC -5.7) .6. Unless otherwise prosired in the Sup.c:nen:a Co 'Ilions. OWNER shall purchase and maintain prop ny imur, ce upon:he Work a: the site to the full insurable aloe therco Isubject to such deductible amounts as may e pro- vided in a Supplementary Conditions or require y Laws and Retu. ttons). This insurance shall .nclude t e interests of OWNER. CONTRACTOR. Subcontractors •NGINEER andENGI\ •R'sconsultants:nthe Work, ofwhomshall be listed as ins gds cradditlonal insured p• ties, shall insure against the pen of fire and extended verage and shad include "a I riskinsurance for physi al loss and damage inc.uding theft, van alism and malic us mischief, collapse and water damage. at such other rib as may be provided in the Supplemenary •ndiaons. rd shall inc!uWJe damages. losses and expenses:irisi , out o r rc•ultirg from any insured toss or inct.rred in the rep it r replacement of any insured property lincluding but no invited to fees and charges of engineers, architects, atta re, s and o:•ier professionals). If not cos ercd t.nder :he I rsk insurance or otherwise oro- vlded n the Sapplemc a ry Cendi tins. CONTRACTOR shall pure"iascand maima isim.larprop ivunu.anceonrorations of the \Vcrt ,lorct •'n ,`.nil Ulf the ,IL o- :n t: ainn w her s,leh portions of the \ irk ,tie :o rc inch d: in an Aprlication :t+r P.t n;cnt. 5. Ot NPR +halpurcnascandm,unl,i suchrur.erand m.t:hmer irsuranc,o::,d..i1ionolprat+:rl%a Iii .:n:c,ismay he rcr red I+y the St.pplcn'cnt.vy Conditions or Law, and Hrgu .1ocs his. Ii t I inc ode t-ie interests t - ()\V\ FR, CO I;Z,\('TO. Subcontra.cit•rs. I:NGINI::R .%ND IGINEI.R' s cunsul:ari s in t he\\ o:t. all of who shall be slcd i, inured or aduutonal insured part.es. 1 12 U • (Replacement; SC -5.8) >,tchee,poliecoies the policies of insurance or the cenifica:eto ce thereon required to be purchase main - to accordance with raphs 5.6 and tain a pro ore ment that the coverage ll not be can aterially changed or renewal tat irtydays'pit . 'ttennoticehasbeen CTOR by certified mat will containisions in accordance with paragraph �. ' 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such ' amounts, each may purchase and maintain it at the purchas- er's own expense. (Replacement; SC -5.10)£ 9. If CONTRACTOR requests in writing that r speci rance be included in the property i rice pol- icy. OWNE if possible, include insurance, and the cost thereof wil: raged . 'TRACTOR by appro- 1 priate Change Order or ' mendmert. Pror to com- mencement of th rk at the site. 'NFR shall in ranting • advise C , ACTOR waetheror not sic riasurance en procured by OWNER. Waiver of Rights: 5.11 I. OWNER and CONTRACT OR wais a a.l rights against each other for ail losses and damages caused by any of the penis covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 aria any '• other property insurance applicable to the Work, and a:so waive all such rights against the Subcortractors. ENGI- NEER, ENGINEER's consultants and all other par:.cs named as insureds in such policies for!osses anJ damages ' so caused. As required by paragraph 6.11. each surcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER.CONTRACTOR. ENGINEER. ENGI- NEER'sconsultants and all other panics mimed as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of ' insurance held by OWNER as trustee or othe:'%iee pay- able under any policy so issued. 5.11.2. O%VNER and CON I'RACTOR intend that anv pol.cies provided in response to paragraphs 5 6 and 5.7 shall protect a I of :he panics msu: ed and pro' idc primary coverage far all losses and damages cawed ray ih: per Is covered thcreh. Accordmel). al. such pclic.es shal. con- tail prosisior.s to the effect that in the esent:f p.,smen: of any oss or damagiz ihz insu:cr will have no npnh of recovery agams: any of the parties named as msateds of additional insureds. and if the instrers reguir: separate ' warier forms :o he s.gned by ENGINEER or ENGI- NEER's consultan: OWNER will ob:am :he same, aril if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. (Replacements; Receipt and Application of Proceeds: SC -5.'12; 50-5.13;- • SC 5.,4) Any insured loss under the policies of insura e requi d by paragraphs 5.6 and 5.7 wi.l be adjuste ith OWNE and made payable to OWNER as traste .or the insureds, . their interests may appear. subject to ereyaire- mer.ts of an pplicabie mortgage clause and ' paragra::h 5.13.OWNER ail deposit in a separate acc rant any money so received, and all distribute :t :n acc dance with such agreement as the p ies in interest at reach. if no other special agreement is r ched the d aged Work shall be repaired or replaced, th money so received applied or, account thereof and the W a the cost thereof covered by an appropriate Change 0 or Written Amendment. 5.13. OWNER as :nt ee shall se power to adjust and sett:e any loss with th nsurers unles one of the panics in interest shall object ' writing within fi en days after the occurrence of :as to OWNER's exercise f this power. If such objection made. OWNER as trustee _ ail make set- tlement with a insurers in accordance w•nh suc agreement as the past' sin interest may reach. If required .n trig by any pa in interest, OWNER as trustee shall. u n the occu nce of an insured loss. give bond for tne prope er- for ance of such dunes. Acceptance of Insurance: 4. IfOWN WN ER has any objection to the ens erage a1To, by or hrr provisions of the Insurance regc:red to be ur- chased a maintained by CONTRACTOR in acc dance with paragr hs 5.3 and 5.4 on the basis of its not m^.lying with the Coat ct Documents. OWNER shall otify CON- TRACTOR in w,' ing thereof within ten cap of the date of delis cry of such cc •ficates to OWNER i accordance with paragraph. 2.7. If CO, RACTOR has y cb,ector. to the coverage afforded by or ther provon% of the policies of incurancerequired tobepurs se - dmaintaineahyOWNER in accordance with paragrap .6 and 5.; on the basis of their not complying witn ,h tract Doccments. CON- TRACTOR shallnotify 0 . 'ER in -tingthereof within ten days of the date of de' •cry of suc ertificates to CON- TRACTOR in accor cc with paragrap ..7. OWNER and CONTRACTOR s G each provide Co the ther such addi- tional informati In respect of insurance pro ded by each as the other r y reasonab:y request. Fa:lu:e ty WNER or CONTRA OR to give any such notice of o`iecti, "thin the time rus•weil shall aamatute . «cptance of sut sur- cnce pIchaseo by the other as comphurg with Ili' Cont ct Dcwirents. Parrral I tilt:anon—Praperry In durance: 5.15. If OWNER t.nJ' .i necesN.,r% to occupy or use a p0: lion or portions of the Work prior to Suhstt�nna. Comp c - nor of all the Work, such use or occupancy may he accom- pl.shed in accordance w n h paragra pit 14.10: pro' id ed that no 1 13 I I I I I I I I I I I I I I I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and :n 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 pan:al use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supenision 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 procedLres of construction. but CONTRACTOR shall not be rcsponsib:e for the negligence of others in the design or selection of a specific means. method,tecnn:que. sequence or procedure of construction wnich is :ndicaied in and required by :he Contract Documents. CONTRACTOR shall be responsible to see that the fimaied Work complies accurate.y with the Contract Documents. 6.2. CONTRACTOR shall keep or. the Work at all times during its progress a compe:ent resident superintendent, who shad not he replaced without written notice to OWNER and ENGINEER except under extraarainarycircumstances The supenn:endent will he CONTRACTOR'S representative at the sl:e and sha.] have authority to act on beha.f of CON- TRACTOR. All corrmumcatrorts given to the superin:endent shall he as binding as :f given to CONTRACTOR. Labor, .%faterrals and Equipment: 6.3. CONTRACTOR shall pros ide competent. suitah:y qualified personnel :o surscy and :ay out the Work and per- form construction as required by the Contract Documents - CONTRACTOR shat: at all times maintain good discipline and order at the site. Except in connection with the safe:) or protection of persons or the Work or p:operty at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents. al: 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 withoal OW NEER's writ- ten consent given after prior tsnuen rotice to ENGINEER. 6.4. Unless o:heryrse ,peclf.ed in the (jcreral Require- ments, CONTRACTOR shah ;alnlsh and assarre ILII rc polt- sihd.ty for all matcra. s. equi rmcnl. la be r. t -an ,portatio n, construcno-1 egwpment and machinery. tools. ,r;.p:lances, foe., power, lght. heat.:elec^.hone, water. sa inra-y fac lilies. temporary facilities and all other tacliitles and incidentals necessary for the furnishing, perormance. testing, start up and completion of the Work. 6.5. All materials and equipment shall he of good quality and new, except as etherwrce provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory esidence oncludtrg reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shat: be app:ied, installed, con- nected. erected. Lced. cleaned and cord.tioned to accordance with the instructions of the app.icahle Supplier except as otherwise provided it the Contract Documents: but no pro- vision of any such instructions will be effectise to assign to ENGINEER, urany of ENGINF.ER's consultants. agents or employees, any duty or autlrenry to supen•isc or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsib:Ii:y contrary to the provisions of paragraph 9.15 or 9 16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall sLbmit to ENGINEER for acceptance Ito the extent indicated :n paragraph 2.9) adjust- ments in the progress schedu.e to reflect :he impact thereon of new developments; these will conform generally to the progress schedule then in effect and add;tiunally will comply with any provisions of :rte General Requirements applicable thereto. Substitutes or "Or-Equa!" Items: 6.7.1. Whenet er materials or equipment are specifies ordescribed in the Contract Documents by using the name of a propnetary item or the name of a particular Supplier the naming of the item is intended to estab,tsh the type. function and quality required. I.'n'ess the rame is followed by words indicating that ro sLbst.tuticn is permitted. materials or equipment of other Sup paters may he accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the matenal or equipment proposes is equivalent or equal to that named The procedure for review by ENGINEER will include the fol:owing as supplemented in the General Requirements. Requests fcr review of substitute items of material and cquiament will rot be accepted by ENGI- NEER from anyone other Ihar CONTRACTOR. If CON- TRACTOR wishes to furruch or use a substitute item of material or equipment. CONTRACTOR shall make wni- ten application to ENGINEER for acceptance thereof. certifying that the p:o;.oscd sahsttutc will perform ade- qu:.le y the fLnctions and achieve the results called for by the general dc•icn. he s.milal and of equal sutstance :o That ,, ecdied an be ,ui:ei In :he same use a, that spec - if ed. The a.pphcation will ,tale that the esa.uation and acceptance of Ili. proposed sub,tiud; wlil not pi ej.n]ice CO\TRA("IOR's :chic'cmcil of Sah,Lmtial ('omple- tion on time, "nether or rot acceptarce of :he suhstttLte for use in the Work wd: req::ue a change in any of the Contract Document, for in the p:osrvons of any other dircc: contract with OW'NI.R f,'r work on the Project) to adapt the design to the proposed suhstitutc and whether or not nicnrporat:or or use of the suhs:rtute in connection with the Work is cuhlect to payment of any Incense fee or I 14 El I I I I l: I I I I I I fl Li I I I J royalty. All vanalions of the proposed substitute from that specified will be idenirfied in the application and as ailable maintenance, repair and replacement service will be :ndt- 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 resu,ting change, all of which shall he considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed stbstitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or requi:ed 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 CenTraci 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 supp!cmenled in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable ::me within which to evaluate each proposed substi:.ite. ENGI- NEER will be the sole udge of acceptab•lity. and no substitute will be ordered, insta led or utilized without ENG]NEER's prior wnt:en acceptance ssnich will he evi- denced by ether a Changc Order or an approved Shop Drawing. OWNER may require CONTRACTOR to ftr- nish at CONTRACTOR's expense a special performance guarantee or other surc:y with, res. ect to any subsiitute. 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 suhsiittte, CON- TRACTOR snail reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for eva:uat- ing each proposed substitute. Concerning Subcontractors. Suppliers and Others: 6.8.1. CONTRACTOR shall nor employ any Subcon- tractor, Supplier or other person ororganizationt ncluding those acceptab:c to OWNER and ENGINEER as indi- cated in paragraph 6.8.2). whethe- initia ly or as a substi- tute, against whom OWNER or ENGINEER may have reasonable objection CONTRACTOR slat. oat be required to employ any Subcontiactor. Surp,ier or other person or organization to tui rash Cr perform any of the 11 ark against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors. Stppliers or other rer- sons or organizations (incuding those u ho are to furm'h the principal items of materals and equipment) tore sub- mitted to OW NER in advance of tie specific,, date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER and if CONTRACTOR has submitted a I:st thereof in accordance with the Supple- mentary Conditions. OWN ER's or ENGINEER's accept- ance tether 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 cos: occasioned by such substitu:ion 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 tight of OWNER or ENGI- NEER to reject defective Work. 6.9 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for al: 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 CON I'RAC- 7 OR is responsible for CONTRA CTOR's own acts and omis- sions. Nothing in the Contract Documents shah create any contractual relatronsh:p between OWNER or ENGINEER and any such Subcontractor. Suppler or other person or organization, nor shall it create any ohl:ga:ion on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such S.ihconiractor. Supplier or other person or organization excep: as may otherwise he required by Lau s and Rentlations. 6.10. The divisions and sections of the Spec:ficatrons and the idenrilicaticns of any Drawing% shall riot control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or de.nteating the Work to he performed by any specific :rade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor wi.l be ptrsuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically hinds the Subcontractor to the applicable terms and conditions of the Contract Documents for the bencrit of OWNER and ENGINEER and cortains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just snare of any :nsurance moneys received by CONTRACTOR on account of losses order pol- icies issued pursuant to paiagrapts 5.6 and 5.7. Patent Fees and Roaltiet 6 12. ('ON rRACTOR shall pay all license fees in,: roy- altics and assume all cots incident to the use in the rertor- mancee of the Work or :he incorporation in the Worrt at any invention, design. process. product or device %itch is the subject of patent rights or copyrights held by others. If a par.:cular invertion, design, process, product or dc s i e is specified in the Ccn:Tact Documents for use in the perfor- mance of the Work and it :o the actual knowledge of OWNER I 15 I I I LI I J LI n �J I El I I I I LJ I or ENGINEER its use is subject to patent rights or copyrights calling forthe payment ofany 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 riot specified in the Contract Documents. and shall defend all such claims inconnecuon 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 lime 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 shat: pay all charges of such utility owners for capital costs related :hereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comp.y with all Laws and Reeulatons applica.le to far- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws ant. Regu- lations. neither OWNER nor ENGINEER shad he respon- sible for monitoring CONTRACTOR's comp.iance 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 he authonred by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know :hat :t :s contrary to such Laws or Regulations, and without such nolicc to ENGINEER. CONTRACTOR shall hear all costs ar,vrg therefrom: however, it shall not he CONTRACTOR'\ tn- mary resnor.cihili:% :o make certain that the Spccihcations and Drawings are in acetadance with such Laws and Regulations. Taxes: 6.15. CONTRACTOR shall pav alsales. consulter. use and other similar taxes required to he paid by CON rRAC- TOR :n 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 net unreasonably encumber the premises with construction equipment or other materals 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 ofthe Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitrator- or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER !)armless from and against all claims, damages. losses and expenses lincluding, but not limned to. fees of engineers. architects, attorneys and other professionals and court and arbitration costsi arising directly. indirectly or consequentialy oil of any action, legal or equi- table, brought b} any such other party aga.ns: OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. Du ing the progress of the Work. CONTRACTOR shall keep the premises free from accumu.at.ors of was:e materials. rubbiri and otherdebns resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials. rubbish ant dehns from and about the premises as wet as all tools, appliances. construction equip- ment and machinery, and surp.us materials. and shall leave the site clean and ready for occt.pancy by OWNER. CON- TRACT OR shat: restore to ongma, condition all property not designated for alteration oy the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part ofany stricture to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the %% ork or atiaccit property to stresses or pressures that will endanger it. Record Documents: 6.19 CONTRACTOR shall m.untatn it a sale plate at the site one reccid copy tit all Draw Ines, Spccif.ca:tons, Ad.:eiid,t, Wrnlcn Amendmcnh. Ch..nge Oi,:ers. Wo-k Directisc CF;meec, Fick:Ordeis;.n. 'mien irle-prcla:iens and c',vi5ca r,nrs Iissued nurs.iant :o paragraph 9.i1 in good order and annotated 1n show all ch:.nges made during con - 'traction. These record docume n:s :ngei net w ith all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon com- 1 16 I I I I rL L I 1 P I I I LJ I U I I LI pletion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Sgjety and Protection: • 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro - pains 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 cons:ruction. CONTRACTOR shall comply with all applicab;e Laws and Regulations of any public body having junsdiclion for the safety of persons or property or to protect them from damage, in;ury or !oss; and sha.l erect and maintain al: necessary safeguards for such safety and prolect:on. CONTRACTOR shall notify owners of adjacent property and of Cndergrot.nd Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate wish them in the pro- tection. removal, relocation and replacement of their prop - city. 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 or anycne for whose acts any of them maybe iiab:e, 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 snall continue until such time as all the Work is comp cted and ENGINEER nas issued a notice to OWNER and CONTRACTOR In accord- ancewith paragraph 14.13 that the Woi k is acceptable lexcep: as otherwise expressly provided in connection with Suestan- tial Completion). 6.21. CON'l RACTOR shall Jcticna:e a responsible rep- resentative a: ;he site whose duly shall he the prevention cf accidents. Tors person snail he CON T'RACTOR'S superm- tcndent unless athcrwne designated in writing by CON - 3 RACTOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety cr protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization 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 :he 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. (Addi tion; 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 :o 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 cop:es (unless otherwise specified it.. the General Requirementsi 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 strbmiss;ons 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 regt.ired. 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 he identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before suhmiss:on of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quanlities. dimensions, srccified performance cn- leria..ns:allai ion rcguirencn:s, materials, catalog num. hers and sumlar aa:a with respect thereto and reviewed or coordinated each Shop l):awang or sample with other Shop Urawings and samples and with the requirements of the W'orc and :rte Contract Documents. 6.25.2. At the time of each surmission, CONTRAC- TOR shal give ENGIN [ER specific written rotice of each variation that the Shop D-awmgs or samp.cs may have from the requ'remenes of the Contract Documents, and. in addition, shaft cause a specific notation to be made on 1 17 I I I I I I I I I I I I I I r 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 orprocedures ofconstruction (except wherea specific means, method, technique, sequc:ice 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 wil! 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 shah not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing ca led ENGIN EER's attention :o each such variation a: the time of submission as requt:ed by paragraph 6:5.2 and ENGINEER has an en written approval of each such varia- tion by a specific written notation thereof incorrorated in or aecompanyirg the Shop Drawing or samp.e approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for en -on or om.ssions in the Stop 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 :s requ.red by the Specifica:ions. any re:ated Work pe fo::red pnor to ENGI- NEER's review and approval of tie pertinent submission will be the sole expense and :esporsibili:y of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall cant' on the Work and adhere to the progress schedule during all disputes ordisagreernents with OWNER. No Work shall be delayed or;.osipcncd pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in wr:ling. Indemnification: 6.30. To:hc lullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and Iheir.:uns.ilunts. anus and emp.oy ees Irom and apamsi LII darns. Linage. losses and expenses, direct. ;nditect or consequcn:ia; •inclad:ng hat not limited to fees and charges of engineer%. architects, attorneys and other ;rolessionals and court and arbitration costs) aris- ing oat of o esuiiing from the performance of the Waik. provided that any such c!aim, damage. loss or expense (a) is attributable to bodily injury. sickness, disease ordeath, or to injury to or destruction of tangible property lother than the Work itself) including :rte 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 tndircctly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be !iable. 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 al claims against OWNER or ENGI- NEER or any of their consul:arts. agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or incireetly employed by any of them to perform or furnish any cf the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be !invited 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 en•ployee benefit acts. 6.32. The ohliga!ions of CONTRACTOR order para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER•s consultants, agents or employees ans:ng out of the preparation or approvai of maps. drawings. obirions, repo:ts, surveys. Change Orcers. des:gns or spec:lications. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work re'ated in the Proj- ect at the site by OWNER's own forces, hase other work perfoi coed by utility ow ten ore: other direct contracts therefor which sha.l contain. General Cordinons similar to These. If the fact that such other work is to be performed was not noted in the Contract Documerts. written notice thereof will be given to CONTRACTOR prior :o starting any such other work; and. if CONTRACTOR believes that such perfor- mance w il: involve additional expense to CONTRACTOR or requires additional time and the pares are un:.ble to agree as to :le extent thereof. CONTRACTOR may make a claim therefor as provided -n Articles II and 12. 7.2. CONTRACTOR 'dial :dford each aidirs owner and other contractor wio is a party to such a direct con: act for OWN Lit if OWN ER pertittmmc the additional work with OW NEW..crrp:nyeesl roper and safe access to the site:.nd a reasonable i'prorturity for the :nun. u;tion and storage of nalerut.s and cquipmer..I and the eyecdlion of such work, and snail properly connect and coi:rdiii:le the Wa-k with theirs. CONTRACTOR shat. do all culling. fitting :.nd patching of :he W'oi k that nay he requ.red :o make its several parts come together properly and •ntegrate with such other work. CON- ' IS I r [1 _JJ I J I I I I I I I I I I L I TRACTOR shall not endanger any work of others by cut::ng, excavating or otherwise altering their work and wi I 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 arc 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 o. 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 Gerson or organization who will have authority and restonstb,lity tar coordina::on of the activities among the ,arious prime con- tractors will be identified in :he Supp.erneriary Conditions. and the specific matters to be covered by such authority and responsib:lity will be itemized. and :he e,te-ii of,uch author- ityandrespoisibilities will be provide!. n the Supp:ementary Conditions. Unless otherwise provided ii the Supplemen:a: y Conditions, neither OWNER nor ENGINEER sha.l have any authority or responsibdity it.. respect of etch ccorcira:.on. (Addition; SC -7.5) ARTICLE S —OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR tnrcugh ENGINEER. 8.2. In case of termination of the emp:oyment of ENGI- NEER. OWNER shall appoint an engineer against who -n CONTRACTOR makes no rcasonabie objection. whose sta- tus under the Contract Documents shall he that of the former ENGINEER. Any dispute in connecacn with suca appciri- mect shad be subject :o arbitration. 8.3. OWNER sha.l furnish the data rcqu:r:a.' •'I �\t NER under:he Contract Cocc:.merls rronptIy anti ,null nake p.w- ments to CONTRACTOR ;.rung: v alter they .tic aae as provided in paragraphs 14 4 and 14.1_3. 8.4. OW'N CR', .:aces in rcs,ect of pro'ul:nz l.n.., ..nil easerients arJ pros id ne cn! n:erne ,L'r\e's :a e'Llr Ni relcrcrcc points arc sci torth in ^aragraah, 4.1 and 4 4 P..ra• graph 4.2 refer, :o OWNER', identitylne and n.tk:nz as.al- ab c la CONTRACTOR copies of reroris of ctpw-an,•n, and tests of subsurace condaior.s at the site and •n c ,.sure ,tr Lc - Lures which have been ur:lizec by ENGINEER in preparing the Drawings and Specifications. a/`// YAE d00sJONVOCA/f /9 l91HIPA1011 rsi 9f4*00d1+4r9JJY*Aif/ldti'#rbl4tfi'1 Wir4u(gWjhft#Ad kQlaflSd�b/�KIV<69/ (SC -8.5) 8.6. OWNER is obl:gatec to execute Charge Orden 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 OWNF.R's right to stop Work or suspend Work, see paragraphs 13.10 and I. I. Paragraph 15.22 deals with OWNER's right to Terminate sets ices cf CON- TRACTOR under certain circumstances. ARTICLE 9—ENGINE:EROS STATUS DURING CONSTIC CTICN Owner's Representaure. 9.1. ENGINEER will be OWNER's reprecentalive dur- ing the construction period. The duties and responslctl.t-es and the umuLttons ofauthorinv of ENGINEER:is OWNER's representative during construction are set lorth in the Con- tract Documents and sha.l not he esccrded ssithuLt written consent of OWNER and ENGINEER. l'irits to She: 9.2. ENGINEER toll ma.e tisits to:nc site at intervals appropriate to :he various stages of cons:ruction to o�serve the progress and quality of the e,ecuted Work and to deter- mine, in general, if :he Work is proceeding in accerdcnce withiheConiractDocuments ENGINEER wllrotberequired to ma.e eshausl:ve orconunuoas on -site !nspectiors to check the quality or quantity of the Work. ENGINEER'S efforts w.11 be dircc:ed loward providing for O\CN ER a greater degree of confidence that the conp.eled Work wi�l conform to the Contract Docamenr,. Or the task of such visits and on -site observations as an experienced and quali5ed design profes- sional. ENGINEER s. ul keep OWNS R irfnrmec of the prog- ress of the War g and w i I endeavor tc guard OWNER against defects and cenc1cncies in the \\'err:. Project R,presnitama: ',accltion; see 50-9.3) 9.3 If OWNER ;rid ENG:N'FI:R acrce. r.NGINEER . ill It rri,h .i Re sr.. pit : roicet Rel`i e,entatls a :a a%%I,t ENG:NEER in or cn ire tit: p:nsrm;rice of the Wrr;. hhe J ny . re\nur •Ihdltie, .ird ::n•n at of „utht)rily if anv ,tic^ .ZC%Idcn1 Prnt:ci :(.p-eserta:i,e : nil ,nsi,:anot "ill be as r ros•Jcd in the S.,pr leme-it.uv Cai..:Iio is. if OWN ER deslen.nec .Igrl h. -r ;.ecrl to r:freceni O\\ NER .:i the sae 't'o IN no: I:N(flNl ER', or cr erplolec, the Juoes. rCcp.'n, I`LIIIcs and I; m; i;iaOM of aurhuniv of such other cerscn will he :,. pro, lied •n the Sur p emeriar' Conditions. I 19 r L I H I I I I I I I [1 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 clar'fication 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 l I 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 Fidel Order justifies an increase in the Contract Price or an extension of the Contract Time and the panics are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article I 1 or 12. Rejecting Defective hark. 9.6. ENGINEER will have authonty to disapprove or reject Work wh:ca ENGINEER he,ieves to he dclecrn e, and will also have autsonty to require special :n,peclion ortestng of the Work as provided in paragraph 13.9. whethe: or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's respensiblli:y for Shop Drawings and samples, see paragraphs 6.21 through 6.29 inclusive. 9.8. In connection with ENGINEER's responsihdi:.es as to Change Orders, see Articles 10, ! I and 12. 9.9. In connection with ENGINEER's respons:hllities in respect of Applications for Payment, etc., see Art.cle 14 - Determinations for Unit Pricer: 910. ENGINEER will determine the actual quartiries and classifications of Unit Pice Work performed by CON- TRACTOR. ENGINEER will review with CON:RACTOR ENGINEER's prcl.mmary determinations or. such maven before ren.:e:mg a wraten decision thereon thy reconnlen datum of an Application for Payment or othcrwrsel ENGI- NEER'. written decisions thereon will he final and binding upon OWNER and CONTRACTOR. udess, idun ten days after the date or any such decision. cutler OWNER or CON- TRACTOR de:ivers to the other party to the Agreement and to ENGINEER wri:ter. notice of ;ntention to appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initia: interpreter of the requirements of the Contract Documerts and judge of the acceptability of the WorK thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles ! I and 12 in respect of changes in the Contract Price or Contract Time will be referred initial:,v to ENGINEER in writing with a request for a forma: 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 :o ENGINEER and the other party to :he Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise (hereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence un.ess ENGINEER allows an additional ncriod of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and jidge under paragraphs 9.0 and 9.11, ENGINEER will rot show par- tiality to OWNER or CONTRACTOR and w rC net he iab:e in connection with any interpretation or decision rendered in good faith in such capacity. The rencerng 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 wailed ay the making or ccceptance of final pay- ment as provided in paraprapti 14.16) will he a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise :rave under the Contract Document or by Law sor Regulations In respect of any such claim, dispute oro:'ter matter. Limitations on ENGINEER's Respontibihiles: 9.13. Neither ENGINEER's au:honty to act l.ncer this Article 9 or elsewhere in the Contract Docl.mer.ls nor any decision made by ENGINEER in good faith either to exerese or not exerci,e such authority shal. give rise to any dut) or responsibility of ENGINEER to CONTRACTOR, any Sub. contractor. any Suppler, or any other person or organrtatior. performing:.ny of :he Work, or to city su:ely for:ny of them - 9.14. Whenever ir. the Cont:act:)ocJmellts the terms"as ordered', as dlrcc:eJ". "a• required". "as allowed'•. ••as approved" or term, of like cilec: or Import arc u,cd. or the aJlccuyes "i enon..h.e - "su•I;.h c". "acceptable". 'proper' or "satisfactory" or adectives ul Ike cu ec[ or nlpon are Jscd to describe a requirement. J rectum, r ev Jew air wdcnlen: of ENGINEER as to the Work. I: i, intended :net such requlremer.t. direc: or, review ar.uJgmev will he solely to evaluate the Work for compliance w,lh the Cortract Docu- ments lunlccs there is a specific stalenteni Indicating other- wise). The use of any such term o: adjective shall cot be n '0 I I I 17 rI Li I I I I I I I I r I I effective to assign to ENGINEER any duly 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 or pro- cedures of construction, or the safety precautions and pro- grams incident therclo, and ENGINEER will not be respon- sible for CONTRACTOR's 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 Agreementanawithcut notice to any surety, O\VNER may. at any time or from time to time, order additions, deletions or revisions in the Work: these wi:l be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt cf any st.ch document. CONTRACTOR shall promptly proceed with the Work involved which will be petformed undet the applicable coeditors of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are t.nable to ag ee as 10 the extent, if any, of an increase or dec-ease :n the Contract Price or an extension or shortening of the Contract Time that shou!d 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. CON'I RACTOR shall not a entitled to an Increase in the Contract Price or an evtens;on 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 t.ncovenng Work as provided in para- graph 13.9. 10.4 OWNER and CONTR ACTOR shal!evccutc:p'ro- pnatc Change Orders (or w r risen Amerd-nertsl coscrirg 104.1. ehan,cs in the \\o -k whic'i are ord:red by OWNER pun,runtin p..r .icraph 10 I . are required rt w..use of acccpance of hfr. r• N or K:nder pa: dgr.iru lt.li cr corrccI Ing Jetet ore W,a K I:n.:cr paragrar h 1 t 14. or are agreed to by :he parties: 10.4.?. changes in Inc Can:raw I Price ar Contrac: 1 inn which are agreed to by the panics: 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 t lie 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 schedu!e 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 wi:I be CON I'RAC- TOR's responsibil:iy, and :he amount of each. applicable Bond will be ad,usted accordingly. ARTICLE ! I -CHANGE OF CONTRACT PRICE 11.1. The Contract Price cons[nu:es the total compen- sation (subject to authonred acjustments) rayahle to CON- TRACTOR for performirg the Work. Al. u::es. responsibil- i:ics and ob igat:or.s assigned to or undertaken b) CON- TRACTOR shall he at his expense wnhoiu charge in the Contract Price. 112_. The Contract Prce may only he ciareed by a Change Orderor by a W'r:item Amcncmeat. Any claim foran increase or decrease in the Contract Price shall ce based or written notice delivered by the party making the claim to the other party and to ENGINEER promptly that in noevent later than thirty days) after !he occurrence of the event giving rise to :he claim and s:atirg 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 al.ows an additional period of::me to ascertain more accurate da:a in support of the claim) and still he accompanied by claimant's w rttea statement that the amourt claimed coven al known a-nour.is :direct, indirect and con- sequential) :o which the claimant is erittled as a result of the occurrence of said event. All claims for adjastment in the Contract Price shall be determined by ENG:NFER in accor- dance with paragraph 9.11 if O\\ NER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an ad)t.'tincrrt n the C.,nirac P:ce will be valid if dot suhmi::zd in accoi dancd with his par.;erarh 11 2. 11.3 The val.re of an% \\ or k cos cred by a ('bootie ( )rder Cr of any ctaun for .n mcrc:sc or dectensc in the Con ract Price shal he detw rrtrred n one of 'tie follow rng nays .I.3 I. Wh:rc the \\n -k invoked iS covered by unit prices contained .n flue Contract Documents. by apncca- lion of t.ni: prces to ihz quan:nets of ih: germs rmolved Isurjecl to the provisions of paragraphs 11.9 I. through It 9.3. incli:sivel. 21 I I I I I I I I I I I I H 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..1). 11.3.3. On the basis of the Cost of the Work (deter. mined as provided in paragraphs 11.4 and Iii) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11 7). Cost of the 11'ork: 11.4. The term Cost of the Work means the sum of a:I 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 he in amounts no higher than those prevailing in the locality of the Project, shall include on!y the following items and shall not include any of the costs itemized in paragrapa 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the perfoimance of the Work under schedules of job classifications agreed upon by OR NER and CONTRACTOR. Payroll costs fur employees not employed full time on the Work shall be apportioned on the basis of their t:mc spent on tae Wotk. Payrcll costs shat: include. but not he limited to, salaries ant wages plus the cost of fringe benefits which sha.l melude social security coat rirutiom, unemployment. excise and pay t oll taxes, workers' or workmen's compensation. health and retirement benefts. bonuses, s:ck leave. vaca::on and ho - iday pay applicab;e thereto. Such employees shall mc;ude superintendents an c foremen at the site. The expenses of performing Work after regular working hours. on Satur- day. Sunday or legal holidays, shall be .nclu.:ed in the above to the extent authonied by OR NCR. 11.4.2. Cost of all materials and egaipmen:.furnished and incorporated in the Work, including costs of trans. potation and storage thereof. and St. pphe: s' field services required in connection therewith. All cash ciscounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments. .n 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 pro' inns so that they may he obtained. 11.4.3 Payments made by CONrRACTOR to the Subcontractors for Work pci!ormed by Suhconrattors. If required by OWNER. CONTRACTOR steal ebta n competitive bids from Saheontr c:ursacccrtah c:o CON- TRACTOR and shall deliver such rt.s to OWNER wjio will then deteiniine. with the aJv cc of EN(IINEER, which bids will he accepted. If a subcontract pros ides that the Sahcontractor is to he paid on the basis of Cast of :he Work Plus a Fee. the Subcontractor's Cost of the Work shall ce determined in the same manner as (Y)NTRAC- TOR's Cost of the Work. All suhcontracts shal. N! sucjcct to the other provisions of :rte Contr.ct Documents insofar as appl:cahle. 11 4.4. Costs of special consultants (including hat not limited to engineers. architects. tes::ng laboratories, sur- veyors, attorneys and accountants) employe. for services specifically related to the Worr. - I1.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transporta- tion, travel an.'. sutsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.?. 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 wnr ken. which are consumed in the retfcrmar.ce of the Work. and cost less market value of st.ch items used !•u: 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 :n accordance with rental agreements arproved by OWNER wt:h the advice of ENGINEER. and :he costs cf trnsponatian, loading, unloading. msta.;atior., dismantling and remova: thereof —all in accordance wan terms of said rental agreements. The rental of any such egatpmemmachin- ery o: 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 liab;e, imposed by Laws and Regulations. 11.4.5.5. Deposits Ins: for causes other than uegl: gence of CONTRACTOR, any Subcontractor or any- one directly or ir.d:rectl) emp:oycd by any of them or for whose acts any of t'tem may' he liarle, and royal) payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or other w ice. to the Work or o:rtei wise sastaired by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and dimapes within the deductible amounts of prorery insuri.nce estarhshed by OWNER in accordance w•ih paragraph 5.9'. pro- vided they have icsultct. Iron caascs other than the negligence of CONTRACTOR. aiy Sul%coriraclor, or an one Directly or ind.rcnly employed by any of them or for whose acts any of them may he hale. Such 'osses shall inc tide settlements made with the written consent and arproval of OR NI -R. No such losses. damages and expenses sh..11 re mclt.deJ in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee, If, however. any such loss or damage I 22 U L I I H I I H C C I H I I H requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall he paid for services a Ice proportionate to that slated in paragrach 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Miror 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 additions; Bonds and insurance required because of changes in the Work and premiums for propel ty insurance coverage within the limits of the deductth!e amounts established by OWNER in accordance with paragraph 5.9. II.!. The term Cost cf the Work shall not include any of the following: 11.5.1. Payroll casts and other compensation of CON_ TRACTOR's officers. executives. principals (of partner- ship and sole proprietorships), general managers. engi- neers. architects, estimators. attorr.eys, auditors. accour.- lants, purchasing and contracting agents. expeditors. timekeepers, clerks and other personnel empoyed by CONTRACTOR whether at the site or in CON TRAC- TOR's principal or a branch office for general admin:stra- ton ofthe Work and no: specifically inclided in :ac agreed upon schedule of job ca'sifications referred to in para- graph 11.4.1 or specificaCy covered by para?raph 11.4.4 — all of which arc to he cons•dered aemiii tratire costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's prircipa: and branch effces other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR'' capital expense'. including interest on CON! RACTOR'S canilal 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 rcqui:ed b) the Contract Documents to purchase and maintain tee same (except for the cost of premiums covered by sub- paragraph 11.4.5.9ahove). 11.5.! Costs due to the neg.igence of CONTRAC- TOR, any Subcontractor. or anyone directl' or radically employe:: by any of :hem or far wh.•se acts am of :acre may ^e latic. includi nit but not her iced to. :he ;once ton of tit feeu.r Work. disposal cf materials or equipment wrongly supplied and making goo.:..ny damage In prop- erty. 11.5.6 Other overhead or general cxpcmc costs of any kind and the costs of any item rot spec really and expressly included in paragraph 11.4. CONTRACTOR's Fee, 11.6. The CON TRACTOR'' Fee alle"ed to CONTRAC- TOR for o'erhecd aid profit shall he determined as follows: 11.6.1. a mutua;ly acceptable fixec fee: or if none can be agreed upon. 11.6.2. a fee based on the following rereenlages of the various portions cf the Cost of the Wo-K. 11.6.2.1. for costs incuned Linder paragraphs 11.4.1 and 11.4.2. the CON'rRACTOR's Fee shall he fifteen percent: 11.6 .2 2. for costs lrcurred urderparagraph 11.4.3, the CONTRACTOR'S Fee 'hail be Ese percent: and if a subcontract is on tae basis of Cost of the W'crk Plus a Fee, the maximu.m allow•ab e to CON TRACTOR on account of overhead and prch: of all Subcontracto-s shall he flteen percent: 11.6.2.3 no fee ,has he pa'cb c on the basis of costs itemized under paragraphs 11.4.4. I1 4.5 an.'. 11.5: 11.6 2.4. the amount of crew to he il;uwed try CONTRACTOR to OWNER foray such chance which results in a net decease in cost wit. he the amount of the ac:aal net decrease plus a deduaron;n CONTRAC- TOR's Fee ey an amount equ,.l to ten percent of the net decrease; and 11.62.5. when cute addwors and cretin' are invoked in any one :range. the adiustnent in CON- TRACTOR'' Tee shall he computed an the basis of:he net change in accordance with paragraphs 11 62.1 Ihroagh 11.5.2.4. inclusive. 11.7. W'henes er the cos: of any W'oi k is to be determined pursuant to paragraph 11.4 or 11.5. CONTRA(`rOR wdfl sub-ni: in form accep:ahlc to ENGINEER an itemized cos, breakdown toceiher with sipporting rata. Care Allowances; 11.8. It is understood that CON TRACTOR has included in :he Contract Price al a lowances so named :n the Contract Documents and shall cause the Work so covered to be done by such St bcontnic:ors or Suppliers and far such sums 'ith.n tee limit of the allowances as may he acacp:ahle to ENGI- NEER. CON'TRACI OR agrees Mat: 1:.8.1 The al.o"ances irclude the east to ('ON - TRACTOR :less an% apncc.hle trade discount'l mate- rai':,n:: equipment required by me allowance,:o he del.'- ered at the Lite and alt ap:rlicahle faces, and 118 2. C-ONi RAC1 OR's cosh for unloading aid handhrg on the'ite.:ch.'r. insl..11atien crnts, overhead, Profit and other expenses contemplated for :!e a lowances have been-ncluded in the Contract Price and not in the 23 I I I I I I I I El I ? Where :he quantity of any item of Cult Piic ' Work p rmed by CONTRACTOR differs mat' ' ly and s:gmfca • from the estimated quantity cF. item indicated in the ement and there is corespord.ng adjustment with resp to any o . item of Wo:k and if '• CONTRACTOR be;iev at CONTRACTOR has incurred additional rse recu i thereof. CON- TRACTOR ma ake a claim for :t. increase in the Con- tract Pric accordance with Ar:rc'e I - the panics are ' tin to agree as to the amount of any sue. ctease- (Replacement; SC -11.9.3) ARTICLE 12—CIIANGF. OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any c!aim for an extension or shortening of the Contract Time shall re based on written notice dehvcrec: by the party mak:ng the claim :o the other party and to ENGINEERpromrth inn in an no event ater than ' thirty days) afro the occurrence of :he even: eivrrp: rise :o the claim and sta:rag the general nature tit :lie dlaim. Nonce ol the extent of the c:aun vuth sappmung data 'ha Ire dcliv- ered within 'try dart after such occurrence umless I.NGI- NEER a.lows:,n additional period ol lire to as.ca,nr. n:o-e accurare '.a:a in Stirp.i: o! the claimi and shall he accrnn- pamed by the c:aimar.I's written statement that the adldst- ' -tent carved is :1-c entire adjusrmerl to sv rich thee aim.,nt Was reason to believe it is enti::ed as a result of the occurrence of said Went. All claims for adju+tment in the ('onracI I mie allowances. No demand for additional payment or. account of any thereof will be valid. Prior to final payment, an appropriate Charge 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 :hat 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 identifed 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- tit:es 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 rink price wik be deemed to incl.ide an amount considered by CONI RACTOR to be adequate to cover C ONTRACf OR's overhead and profit for each sep- arately identified item shall be determined by ENGINEER :n accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No c:aim for an adjustment :n the Contract Time will be va.id if not submitted in accordance w ith 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 con:rol of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shalt include, but not be limited to. acts or neglect by OWNER or others performing additional work as contemplated by Art:cle 7. or to fires. floods, labor disputes. epidemics, abnormal weather conditions or acts of God. 12.3. All :ime ;units stated to the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recove:y for damages (including but not limited to fees and charges of engineers, architects. attorneys and other professionals and court and arb:tration costs) for delay by either party. ARTICLE 13- -WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAI. OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: !3.1. CONTRACTOR wa-rants and guaran:ees to OWNER and ENGINEER that all Work will he in accor- dance wi:h the Contract Documents :mc will no: he de fecnre. Prompt notice of all defects sha I be g.ven to CONTRAC- TOR. All defective Work, whether or not in pace. may be rejected. corrected of accepted as provided in this:\r(ic)e 13. Access in Work: I3 2. ENGINEER and ENGINEER's representatives, other iepresenrat:ves of OWNER. testing agencies an gov- ernmental agencies % Ih'u-isd.ctional interests w ill have access to the Wet ka! reasonable tinies fort heir cbsena: on. iasp ecling and testing- CONTRACTOR shali provide prorcr ar.d safe conditions for such access Tests and Inspections: 13.3. ('ONTRACI OR s'tallcive I- NG.NP!tRImic v mince of read.ness o:I he Woi k or;.11 i cqu. red insrecl long. :es; or approvals. 11.4. If I -:nvs or Rrgnlation• .+1 an' pub is hods has.nc jt.risdicnon ICUwre an'. \\ ark (or p..t ii :o .rot itically he unpccted, :evict or app-uv ed. (O\ I RACTOR shall aswme till respons.hmty rherel,n. par all costs m tonne: (ion the -cu ith and fu:n •h ENGiNGER the required vie: imitates 01 i1spccticn, is sling or approval CUNTRAC 1O}( sha.I also I 24 I I I I Ti I I I L I I I I I I be responsible for and shall pay ail costs in connection with any inspection or testing required in connection with OWN - ER's or F.NGINEER'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). QQ 13.5.2pall Elf. 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 obsen ation. 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. Neithe: observations by ENGINEER nor inspec- tions. tests or approvals by others shall relievc CONTRAC- TOR from CONTRACTOR's ob.imtions to pedarn the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If an y Work s covered contrary to the vv r rte n : cauesi of ENGINEER, it must. if requested by ENGINEER, be uncovered for ENGINEER's observation and rep.aced at CONTRACTOR'S expense. 13.9. If ENGINEER considers it nececsan 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 ENGINFER 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 erect, indirect and consequential costs of such urcoverinp, expo- sure. observat,on. inspection and testing and tit catsfaunry reconstruction. iincluding but ro: limi:cd to fees :.rid c'taiges of engineers. architects. attorreys and othe: prolcssrona sr. an OWNER ,hall he entitled :o an approprate dec-cost in the Contract Price. and, if :he parties arc unah a to .izrce as to the amount thereof. may make a claim therefor as rrini_ed in Article II. :f, however. sucn Work is not lounl to be defcetne. CON: RAC IOR sht,11 be a lowed an increase n the Contract Price or an extension of the Contract I ties it both. Jirectl) at:rihutt,hlc to such unco'cnnc. exposure. observation. Inspection, te,t.ng and recor.sructian: anJ, .f the panics are unable to agree as to the amotnt o- extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. 0wner,sfav 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 win 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 ofOWNER WNER to exercise this right for the benefit of CONTRACTOR or any other party Correction or Removal of Defectir e Work: 13.11. If requ ired by ENGINEER. CO NTRACTOR shall promptly, as directed, either correct al: defective Work. whether or not fabricated, installed or completed, or. if the Work has been rejected by ENGINEER, remos e it from the site and replace it with nond.Jecti:e Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal linc:uding bet not limited to fees and charges of engineers. architects. attorneys and other proles stonals) made necessary :nereny. One Year Correction Period. 13.12. If within one }ear after the date of Substantial Completion or suci longer ;erio.i of lime as may he rre- scr..bed by Laws or Regulaticnc or by the term, of any ap,-.Ir cable special guarantee required b the Contract Documents or by any specific provision of the Contract Ddcumenh, any Work is found to be defectit e. CON ]'RACTOR shal. rromatly. without cost to OWNER and in accordance with OW'NER's written instructions, either correct such defertive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondeferGre Work. If CON] R kCTOR does not prompt y comely w i:h the terms of such instmctions, or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the deeccriie Work cor- rected or the rejected Work removed and replaced, and al! direct. ;nmrect and consequential costs of such .removal and replacement lmclid•ng but not .invited to fees and charges of engineers, architects, attorneys and other .^.rofcsswnals) w ill be paid by CONTRACTOR. In special circumstances where a r ar.icular item of equipment .s places ,n co,tinuous service hetore Suhstan: ai ('ompleticn of all the Work, the co: rection pc:iud fo- that item may 'tar; to run from an ear ice date if Sc nro%idcd in Ihr recifc;.inns cr by Witten Amendment. t cceptance of Ur Jrcrrre urn -k: 13.:3. If, instead of -cqurrre conection or removal and terlacenier.i of drier;r.r Work. OW\UR (anJ. prier to ENGINE:ER's recommendation of final pavmcnt. also F'NGINEER7 prclerstoaccep: it. Q\!. NER may do so. CON- TRACTOR shall bear all dcect, inJirec: and consequential 25 I I I I I I I I I I I I I P 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 cf 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 panics are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article I1. 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 win any other protiston of the Contract Documents. OWNER ma%, after seven dayswrit- ten notice to CONTRACTOR, correct ant remezv any such deficiency. In exc:cis.ne the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete correct. a and remedial ac::on. OWNER may exclude CONI RACTOR from all or part of the site, take possession of all or port of :he Wo:k, ant suspenc CON- TRACTOR'S services related the.cio. lake possession ol CONTRACTOR-, tools, appliances. costt: ict;or. equrpnrert and machinery at the site and incorporate in :ne Work all materials and equipment,lo.ed a( the site or for which OWNLR has paid CONTRACTOR but whion are sacred elscwhe:e. CONTRACTOR shall a.low OWNER. OWNER's represen- tatives. agents and employees st.ch access to the sue as may be necessary to enable OWNER to exercise the rphts and remedies under this paragraph All direct. ind.rect and con- sequential costs of OWNER in exercising such rights and remedies wili be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary rcwsions in the Contract Documents with respect to the WorK: and OWNER shad be enti:.cd to an appropnalc decrease :n the Contract Price. and, if the parties are r.nahle to agree as to the amount thereof, ON N ER may n— .ke a claim :nerct, r a, provided in Art:cle II. Such direct. trdr:ett and conecuen- lial costs will .ncILde but not he :tinned to tees and charges of engineers. arch nets. attorney's :rid ,tner prefesstcna,s. all court a.nd arbitration costs and all costs el rerair and re^.lacemevt of work of others le%lrN%cc or damaged by correction. remotal or rcp:acemen: of CONrRACTOR'S dr5•rhre Work. CON 1 RAC I OR shat not he al owed ..n extension of the Contract lime bccaase of ;,ny dean n r er- fot-nanceot :ne Work ail,ra u:able tothe exercise ray OWNI-R of OWNER'S i:ghts and remedies hereurder. ARTICLE IC PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of va ties 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 cf Unit Price Work will be based on:ne number of units completed. Application for Progress Payment: 14.2. Al least twen:y days before each rrogress payment is scheduled Ibut not more often than once a month). CON- TRACTOR shad sunmit :o ENGINEER :or resiew an Appli- cation for Payment tilled out and signed by CONTRACTOR covering the Work completed as of the cate cube Application and accompanied by such suppontng documentation as is required by :he Contract Documents If payment is requested on the basis of materials and equioment not incorporated in the Work but delivered and suitarly slo•ed at the site or at another location agree e lo in writing. the A:.p,icahon for Payment shall also he accompanied by a bill ol sale, invoice orother documentation warrant:rig that OWNER has received the materials and equirment free and clear o! al :iers, charges. security interests and ercumb-ances :which are here:natter in :nese General Conditions refered to as "Liens") and evidence that :he mater.alc and egt:ipmeni arc covered ny appropriate property insurance and tithe,- arrargemerts to protect OWNER's irterest the:ein. al of wmzh will t'e sat- isfactory to OWNER. The LnnruIt of retainage with respect to progress payments wiL• he as st.pt.ldted in the Agreement. CONTRACTOR's tt'arranh of Title. 14.3. CONTRACTOR warrants and guarantees that title to ail Work. materials and equipment covered by any Appli- cation for Payment. whetter i-tco:porated in the Protect or not, wi I pass to OWNER no later than :tie lime of r ayment free and clear of all Liens Review of Applications for Progress Payment: 14.4 ENGINEER will, within ten days after receipt of each Appl ca:.on for Payment. either mdtzate in writing a recomnendation or payment aid present the Application to OWNER, or return tie App.ication :o ('CN T RA('TOR mil: ea:,nc rr. w ra. ne LNGIN L1: R's reasons to- reft.'tre to rec- ommend payment In :be .atter cane. ('ON : RACTOR mat make :he ncces,ry corrcc:.or, and iesuhm t the Apr hca- lion. I en d it % after rrc sc-tt:dioi td the A ppltcation !or P..s - ment'.tin li\CINEER', recommendation, the a.mount iec- ommc nded "I I i suhicct to the p'ns snits of the List sentence of parts crape 14.'; rccnne uc and when due will be prid by ONNERtoCON IR•1Clox. W 5. I.\GINE.IER', recommendation of an% payment requested in an Application for Paymerl will constitute a I 26 I I I Li I I I I I L I I! II I representation by ENGINEER to OW NER. 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 :he 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 qua!ifi- 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 he deemed to have represented that exhaus- tive or ccnsinuous 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 he other matters or issues between the parties that might entitle CONTRAC- TOR to be pa:d additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommerdation of final payment will constaute an add.tioral representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth.n paragraph. 14.13 have been fulliiled. 14.7. ENGINEER may refuse to recommend the whose or any part of any payment if. in ENGINEER's opinion, :t would be incorrect to make si.ch re,-rescntations :c OW NER. ENGINEER may also refuse to recommend any sucn pay- ment. or. because of sdbsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended. to such extent as inav be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is derertne, or completed Work has been damaged requiring correct:on or replacement. 14.7.2. the Contract Price has been reduced by Wilt - ten Amendment or Change Order. 14.7.3. OWNER has been required to correct de .'c- tive Work or complete Work:n acct:dance with.aiag:aph 13.14. or 14.7.4. of ENGINEER', actu"l knowledge cf the occurrence of any of :1-c events cnamerated in „ir,igraphs 15.2.1 :trough 15.2.9 inclusive. OWNER may refuse to Hake payment of the full .inourl recommen:.ed by ENGINEER because clams have been made against OWNER on aceoan: of C ON'I RACI OR's per- formance or furntvhng of the Work or Lien, have 'een tiled in connection with the Work or there arc other .r ems er udmg OWNER to a set-off against the amount recommended. but OWN ER must give CONTRACTOR rnnedia:e written notice (with a copy to ENGINEER) slating the reasons for such act nit. Substantial Completion: 14 8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in venting tha: the entire Work is substantially complete (except for items specifically .isted by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER sha.l make an ir.cpection of the Work to deter- mine the status of completion I: ENGINEER does not can- sider the Work substantially complete. ENGINEER will notify CONTRACTOR .n w:nmg giving tie reasons therefor. If ENGINEER considers the Work subsiantia.ly comp.c:e. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Coirpleiion which shall fix the date of Su'stantiai Completion. There shall ae attached to the certificate a tentative .ist of item, to be comp eted or cor- rected before fina: payment. OWNER shall have seven days after receipt of the tentanve certificate during wnich to make written objection to ENGINEER as to any pros isions of tie certdicate or attached ist. if. after conside:irg such nl•jec- tions. ENGINEER concludes :iai the WorK is not substan- tially complete. ENGINEER 'ml. vii:iiir. fourteer Jays after su^mission cf tie tentative certiticate to OWNER no:.fy CONTRACTOR in wnurg. stating the reasons therefor. !f. after consideration of OWNER's chectiois. EN(i.NEER considers the Work sahstantial y complete. ENGINEER will within said fourteen d:n•s execi.tc and delver to OW NFR and CONTRACTOR a def.ni:.ve certificate of Substantial Compaction (with a revised tentatiie list of items :o he ccm- pleied or corrected) reflecting such changes from the :entativ e certificate as ENGINEER bel.eves,tasti:ied after consider- ation of any objections from O%% N ER. At the enure of delis en of the tertat.ve cer„ficate of Substantial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written recommendation as to di'is on of responsrhi:ities pend ne final payment bc:ween OWNER and CONTRACTOR wah respect to security, opernon, safety. maintenance, heat, utilities, insurance and warranties. Un'ess OWNER and CONTRACTOR agree oticrwise :n wraing and so Irform ENGINEER prior :o ENGINEER's issung the delimtive certificate of S.ib,rantial Campctni. ENGINEER's afore- said -econrrenda:ion ss t.l cc binding on OWN ER and CON- TRACTOR until final payment. :4.9. OWNER shall ha%c :lc n.hl m exclude CON- TRACTOR from Inc W'ai x a::;r ;hc due of Sin^, stanu:.l Com- pletion. but' )WN ER shill allow CONTRACTOR reasnnable access to cempletc or correct items on the ten:atit c I ,t Partial L'tili;anon: 14 10 Use by OWNER of ary har,hed part of :'ic W o -k, which ias specifically been ide-tiled in the Centracl Docu- I 27 I I I I I I I I I I I I I I L I I I ments, or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable pan 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 Comp:etton of all the Work sub.ect to the fo:low- 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- TRACTOR agrees. CONTRACTOR will certify to OWNER and ENGINEER that said pat of the Work is substantia:ly comp!e:e 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:hat CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a ce.tif 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- lion of that part of the Work to determine its status of completion. If ENGIN EER does not consider that pan of the Work to he substantially complete, ENGINEER will notify OWNER and CON I'RACTOR ir. writing giving the reasons therefor. :f ENGINEER considers that part of the Work to be substantially compete, the provisions of para- grapis Ii8 an 149 will apply with respect to certification of Suhstantial Comp!c::or of that par, of the Wo-k and the division of responsib:lity in respect thereof and access thereto. 14.10.2, OWNER may at any time regt.esl CON- TRACTOR in venting :o permit OWNER to take over operation of any such part of the Work ailhough it is not substantially complete. A copy or such request will be sent to ENGINEER and within I reasonab e time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that pan of the W. rk to determine its status of completion and mill prerare 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 no: ready for separate operation by OWNER, ENGINEER will finalize the list of items to he competed or corrected and will deliver such list to OWNER and CONTRACTOR tage:her wish a wntten recommendation as to the do icier. of resporsibilit,eu nendirg final payment between OWNER and CON I RACTOR w Ili respect to security, operation. safety. maintenance. Lhh:ics. •nsur- once. warrarries and guarantees for slat p:.rt of :ie Work wiich wdi bcccmc binding upon UWNFR :,nil CON- TRACTOR at the :ime uhc. OWNER takes oncr suci operation Idnless:l ev shall ha' c unceru ice.terecJ in w- u- mg:.nd so rimmed I-NG:N I -!'.RI DLnne •tid cpc:ation ana prior to Substantial Co npictiom cf `tich rat: of the Work. OWNER steal. allow CONTRACTOR rcasor.:h c access to complete or coned :lefts on said list and thi complete other related Work. 14 10.3. No occupancy or separate operation of part of the Work will he accompl.shed prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTORthat the entire Work or an agrees portion thereof is complete. ENGI- NEER will make a fina! inspcct:on with OWNER and CON- TRACTOR and will notify CON TRACTOR in wnting of all particulars in which this inspection reveals :hat the Work is incomplete or defet rite. CONTRACTOR shall :mined:ately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed a1: such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and oeera:ine irstructions, schedules. guaran- tees. Bonds. certificates of inspect.rtr.. markea-up record documents as provided in paraprap1 6.19) and other docu- ments —all as required bi the Contrac: Documents, anc after ENGINEER has incicated chat the \\'o:k is accemtahle isub- ject to the provisions of paragraph 14 16). CONTRACTOR may rnaKe applicat-.on for final pasmen: fol oss:ng the pia- cedure for progress payments. Tl•e final Applica:.on for Pay- ment shall be accompsn.cd by all coa.mcitalion ca led for in the Contract Documents.:ogethei w ith coin^Ic:c and legally effectne releases or wa!verc i ,at:cfactory to OWNER of a.] Liens arising out of or f.led in cornecuon with tic Work. In lieu thereof ana as ;.pptoved by OWNER. CONTRACTOR may furnish receipts or re:cases in full; an aflidas it of CON' - TRACTOR that the releases and receipts include all labor, services. matenal and equipment for which. a Lien could be filed, and that all pa)iol.s. material and ecuipment bills, and other indebtedness conrected with :he Work for which OWNER or O\i'NER's eroperty migit in any way he respoi- si!:le. have been paid or others' Ise sat -shed: and consent of the sute:}. if an%. to final payrrent. If any Subcontractor or Supplier fails to furnish a re:ease or receipt in fun. CON- TRACTOR may firnisn a Bond or other collateral satisfac- tory to OWNER to :ndemnif} OWNER against any Lien. Final Payment and lccepfance.• 14.13. If. on the basis of ENGINI:ER's o^scrvation of the Work during construction and fircl ir.spcction, and ENGINEER's re' ten of the heal Applicauon for Pas me nt and accomparsme docLmer%.iion—..11 as :egatred by the Corti act DoLumens. ENGINhEER is sati':icd that ire Work has reen completed and CON I I( \Cl OR s other ohligations under the Contract Documents hase heci ['.titIl u. fNGl- NEF.R will. wr:itr 'cn dass :dicr rctci; t of the final Arph- cal.on for P..smcnt. mdic.itc n writing EN( ,INFER's rec- omr-icnd:.r or of pay melt ..nil prc'cnt the Arp ILa:.on ;o OWNER for payment fl•cret.pon ENGINEER will gi'e wn::en notice to OW'N ER and CON : RAC TOR :fiat the Work is acceptable subject in the rrosimons of paragraph 14.16. 28 I I I I I P C I 1 I I I I II I I I Cl Otherwise. ENGINEER will return the Application to CON- TRACTOR, indicating in writing she 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, :n appropn- ale form and substance, and with ENGINEER*% recommer. dation and notice of acceptability. the amount recommended by ENGINEER will become due and will he paid by OW N ER 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 shaa, 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 stipula:ed in the Agree- ment, and if Bonds have been fu:nrshed as required in para- graph 5.1, the written consent of the surety to the ,ray rent of the balance due for that portion of the Work ft.11y com- pleted and accepters shat. be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall he made under the terms and conditions gos- erning final payment. except tha:.t shat( not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CON rRACTOR's ob ligation toperfillm and com- pete :se WorK in accordance %nth the ('on:•acl Documents shall he absolute. Neither reccmmcndat:on of any progress or final payment by ENGINEER. nor :he is%uarcc of a cer- tificate of Stbstantial Comp!ction. nor any payment by OWNER to CON 1'RAC"OR Lnde r the Contra%: Documents. nor any use or occupancy of the Work or an% rare thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so. nor an rc%tew aid arpro%al of a Shop Drawing or sample submi,cion. nor the issuance of a notice of acceptability by ENGINEER pur%Jan; to : again aph 14i3, 3, nor any correction of defertne Work by OWNER %, dl con- stitute an acceptance of Work not :n accordance with the Contract Documents or a release of CONTRACTOR'% ohh- galion to perform the Work in accordance with the Contract Documents (except as prov:ded in paragraph 14.10). Waiter of Claims: 14.16. 1'he m..kirg and 4c:epia-tcc of foal r ayment will constitute: 14 16.1. a war%er of all cl;.urs by OWNI.R agan%l CON1RA("IOR. esc•.pt clams ,rising '-om tn%ctticJ liens• iron chretrr,e Work :r, pcanrg aaer tier inspec- tion pursuant to pa: agi.ph 14.11 or Irarn Cu urea compll wnh :1-c Contract Document' or the le; ms of an% special gdaranlees srec dic.::7crc•n: howe%cr, it will not tnnsti- :ale a war% er by O11 N ER of am r'ght% in re,rctl of CONTRACTOR's continuing obligation% under :ne Con- tract Documents: and 14.162. a waiver of al! %:aims by CONTRACTOR against OIVNER other than those previously made it. writ- ing and stilt unsettled ARTICLE I5 —SUSPENSION OF WORK AND TERMINATION Ortner May Suspend Work: 15.1. OWNER may, at any time and without ccu,e. sus- pend the Work er any portion tscreof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will S5 ::re date on wnich Work will he resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall he allowed an increase in the Contract Price or an extension of the Contract rime, or both. directly attributable to any saspens:on if CONTRACTOR makes an approved claim therefor a% pravide: in Articles 11 and 12. Owner.Na} Terminate: 15.2. Upon the ocarren:e of any one or rro-e of Ise blowing events: :5.2.:. if CONTRACTOR commences a voluntary case under any c1apler of sac Barkruprev Core ITitle ii. Uni:ed States Coe). as now Cr hereafter in effect, or if CON- TRACTOR lakes any ecuivalert ors.nl:lar action by filing a pet:uon or otherwise urder any o:her feccral o: stale law in effect at such time relating to the b:.nkrap:cy or inso.%enc}: 15.2.2. if a pc!:tion is fi:cd against CONTRACTOR under any charter of the Bankruptcy Code as row or herealler in effect a: the time of fling, or it a relillon is filed seeking aiv %uch egt.iva.ent or similar relief against ('CN"RACTOR urder ar.y other federa. or stale law in effect at the time relating to bankruptcy or inso.%ercy: 15.2.3. ifCONTRACTOR makes agenera:assignment for the ceneft of c: ed:lors: 15.2.4 if a trustee- recci'er. cuuod.an it agent of CONTRACTOR i% arpomred ur.,.cr app i:able law or under cons: at I. whose appointment or:t.n her it :o rake cha-ge of property of CONTRACTOR is or the pu:pose cf enforirg a Licn against such p-operiv or for :he purpose of ,. ne:al a.: in nisiauon of su%It 'r opert hr ti'' hen%:it of C'ON 1 RAC( CR', cr:dilors: IS 2.5 ifCCN"RA(' Y)R aJm.ns .n wt.nn_;.n .nand- 1:y to pay its d:ht, gencra.ly ;,% they bcco.nc d„c. 15.2 h. t1CONfrRACb OR rcrst%leni ly :ails to the Wc,K in accordance wu'r ,rertorm the Contract Documents 1 29 I u [1 I I I I P I Li U I I I] I L (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equicment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from tame 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 authonty of ENGINEER; or 15.2.9. if CONTRACTOR otherwise vio!ates 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 permuted by Laws and Regulations, terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CON TRACTOR'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 Workali materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which arc stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shat: not be entitled to receive any further payment until :he Wcrk is finished. If the unpaid balance of the Contract Pr.cc exceeds the direct, indirect and consequential costs of comp:etmg the Work nnclu. ing 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 suck 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 shat not he require to obtain the lowest price for the Work performed. 15.3. Where CONIRACTOR's services have been so terminated by OWNER, the termination. %ill 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 iiability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remecy, 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 :invited 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 fads to act on any App:ication for Payment within thirty days after it is submitted. or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to he 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 reasonab:e termination expenses. In acdi::or and in lieu of terminating the Agreement, if ENGINEER has fai:ed to act on an Appl:- cat:on 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 die. 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 withot.t delay dui ing disputes and disagreements %i:h OWNER. [The remainder of this page was left blank intentionally.] 30 I 1 ARTICLE 16 —ARBITRATION I I [1 I I i I El I I I I 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 Arbt• 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 :he failure to demand arbitration within said twiny days' period shall result in ENGINEER's decision being final and binding upon OWNER and CON'l RACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision maybe entered as evidence but "ill not sdpersede the arbi:ration proceedings, except where :he decision is acceptable to the parties concerned. No demand for arbitra- tion of any writ:en decision of ENGINEER rendered in accordance with paragrapi 9.10 will be made later than ten days after the party making such demand has delivered wnt- ten notice of intention to appeal as provided ir, paragraph 9.10. 16.3. Notice of the demand for arbitration will he filed in writing with the other party to the Agreement and with the American Arbitration Assoc:ation. and a copy will he 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 :n 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 consu:- tants) who is not a party to this contract :unless: 16.4.1. the inclusion of such other person or entity is necessary if compete 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 raw or fact which is common to those who are already parties to the art itration and which will arise in such proceedings. and 16.4.3. the written consent of the other person or entity sought to be inc.uccd and of OWN ER and CONTRAC- TOR has been obtained for such inclusion. which consent shall make specific reference to :his paragraph: but no such consent shall constitute consent to arbi::ation of any dispute not specifical.y described in such consent or to arbitration w oh any party rot specitica.ly identified in such consent. 16.5, The award rendered by the arbitrators wi 1 he final, judgment may be entered upon it in any court having juris- diction therccf, and will not he subject to modifcation or appeal except to the extent permitted by Sections 10 and :I of :he Federal Arbitration Act i9 C.S.C. 3310.11). [The remainder of this page was left blank in:entionai:y.) 1 31 I IARTICLE 17 -MISCELLANEOUS I I I L] U 1 I I I 1 H I I I Giving Nonce: 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 de!ivcred 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 lime 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 appl.cable jurisdiction, such day will be omitted from the computa- tion. 17.2.2. A calendar day ofiwenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Shou:d OWNER or CONTRACTOR sulter injury or damage to person or property because of any error, omn- sion or act of the other party or of any of the other party's employees or agents or others for whose ac:s the outer party is legally liable, claim will be made in writing to the other party within a reasonable time of the firs: obse-vahce ci such injury or damage. The provisions of this paragrapn 17.3 shall not he construed as a substitute for or a waiver of the pro- visions of any app:icable statute of limitations or repose. 17.4. The dirties and obligations imposed by these Gen- era! Conditions and the rights an c remedies available here- under to the parties hereto, and. in particular but without limitation, the warranties, guarantees and cbligations imposed upon CONTRACTOR by paragraphs 6.30. 13.1. 13.12. 13.14, 14.3 and 15.2 and all of the righis and remedies avai.able to OWNER and ENGINEER thereunder, are in adautnn to. and are not to be construed in any way as a limitation of. any rights and remedies avai:able to any or ail of inem w hich are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and :he provisions of this paragraph wit: he as effective as if repeated specifically in the Ccn:ract Documents in connection wish eacn particular duty, obliga- tion, right and remedy to w hich :hev apply 411 representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and tcrmma::on ci com- pletion of the Agreement. 33 C TABLE OF CONTENTS ' OF SUPPLEMENTARY COND] IPaae SC -1 Definitions and Abbreviations .......................... SC -1 SC -2 Preliminary Matters .......... a ...................... SC -3 SC -4 Availability of Lands; Physical Conditions; Reference Points .... SC -3 SC -5 Bonds and Insurance SC -3 SC -6 Contractor's Responsibilities ... SC -6 SC -7 Other Work ...... 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 -11 SC -13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work . . . . . . . . . . . . . . . SC -11 I I I I I I I I I SC-i L Supplementary Conditions I I L { I I I PT 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. $Cj. 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 duly 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 "Mayor" and "City Clerk" shall mean, respectively, the Mayor and City Clerk of 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. 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. The 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 ' SC -1 I for Bids.I Whenever the following abbreviations are used, they shall have the meanings given below: 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 ■ A - ampere cfm - 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 1 SC -2 I I Supplementary Conditions I-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 ' Q21 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.' SC -4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS SC -4.2.1 Explorations and Reports Add the following language at the end of paragraph 4.2.1 of the General Conditions: In the preparation of Drawings and Specifications, the ENGINEER has relied upon: 4.2.1.1 Report dated December 2,1991, prepared by Grubbs, Garner & Hoskyn, Inc. Consulting Engineers of Little Rock, Arkansas, entitled: 'Subsurface Investigation, Walton Arts Center Parking Lots, Fayetteville, Arkansas' This report is not a part of the Contract Documents, but the technical data contained therein upon which CONTRACTOR is entitled to rely as provided in GC -4.2 and as identified and established above are incorporated therein by reference. Copies of this report may be examined by prospective bidders at the ENGINEER'S or OWNER'S offices during regular business hours. 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 ffi i n . No employers' liability, public liability or workmen's collective insurance policy SC -3 Supplementary Conditions 1 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 1 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 I 2) Applicable Federal (e.g. Longshoreman's): Statutory 3) Employer's Liability: $ 100,000 Each Occurrence 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. SC -5.3.7 Comprehensive Automobile Liability Bodily Injury: I $ 500,000 Each Person $1,000,000 Each Occurrence Property Damage: 1 $ 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: I SC -4 I Supplementary Conditions OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify 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 i 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: ; Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided In these Supplementary Conditions or required by Laws and 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 tire and extended coverage, shall include 'all- risk" insurance 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 L 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 1 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. I-5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 1 5_7 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 1 SC-5 Supplementary Conditions 1 CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: .8 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. All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. 'Will endeavors 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. SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. ' Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. C-5.14 Acceptance of Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. S CONTRACTOR'S RESPONSIBILITIES , SC -6.23 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.23 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.' QQZ OTHER WORK I C-7.5 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 I SC -6 I L I I I I L J I 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 any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. SC -8 OWNER'S RESPONSIBILITIES 8.5 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: Duties. Responsibilities and Limitations of Authority of 'Resident Project Representative. 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. I I SC-7 Supplementary Conditions f Duties and Responsibilities of RPR t 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 ' OWN ER'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 far proper execution of the Work. , 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. 1 b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5) Review of Work, Resection 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. SC -8 ' I Supplementary Conditions 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 to ENGINEER. ' c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9) Reports. a) Furnish ENGINEER periodic reports as required of progress of the Work land 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 ' SC -9 Supplementary Conditions and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b) 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. 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. shall not advise on, issue directions regarding or assume control over safety precautions and programs In connection with the Work. 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 Inspections conducted by others except as specifically authorized by ENGINEER. I I I I I I 1 I J I I H I I J SC -10 I I 11 CHANGE OF CONTRACT PRICE '• -11. . Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby 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 and adjustment under the following conditions: I11.9.3.1 If 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 'other item of Work; and 11.9.3.3 if 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 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. SC -13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. 'REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK -1 Tests and Inspections. Paragraph 13.5 of the General Conditions is hereby ' deleted in its entirety and the following is substituted in its place: 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. LI I I [] I SC -11 ' Section 100 Project Requirements TQHNIQAL $EEQIFIQATIQN$ 1 WALTON ARTS CENTER PARKING LOT I PHASE 3- CONSTRUCTION DICKSON STREET SITE SCHOOL AVENUE SITE ' Fayetteville, Arkansas •' Plans No. Fy-212 January 1992 IPROJECT 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: ' Construction of Walton Arts Center Parking Lot - Dickson Street Site and School Avenue Site: Clearing and grubbing, removal and disposal of ' structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base ' course, prime and tack coats, asphaltic concrete surface course QR Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced ' concrete, retaining walls, handrails, concrete approach slabs and gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, water lines and yard hydrants, lighting, electrical work, and all work required for a complete and acceptable installation in accordance with the Plans and Specifications. ' B. SEQUENCE OF WORK After the contract, bonds and certificate of insurance have been furnished to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the contract time will commence. The Contractor shall complete the contract within 75 calendar days after the issuance of the Notice to Proceed. I 1 100-1 Section 100 ' Project Requirements I C. LANDS AND RIGHTS -OF -WAY The work to be performed under this contract shall be on lands owned by the City of 1 Fayetteville and on easements or lands obtained by the City of Fayetteville. D. 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. The Engineer shall provide at least two horizontal and vertical control monuments on -site. It shall be the Contractor's responsibility to protect these monuments during the course of the contract. Any replacement costs Incurred to reset these monuments shall be at the Contractor's expense. The Contractor shall furnish all other lines, grades and bench marks for proper execution of the work. E. SUNDAY. HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or an Sundays or legal holidays, except work as is necessary for the proper care and protection of work already performed, or in case of any emergency. 1 F. SECURITY The Contractor shall be responsible for protection of the site, and all work, materials, 1 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 ' 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. G. ACCESS ROADS 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. C 100-2 1 I I Project Requirements H. PARKING The Contractor shall provide and maintain suitable parking areas for the use of alt 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. II. DUST CONTR The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shalt 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. ' J. 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 ' 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. K. 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. L. 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. ' 100-3 Section 100 Project Requirements M. 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. , Barriers (protective fencing) shall be "Safety Grid" (as manufactured by Tensar Polytechnologies, Inc.), or equal. Protective fencing shall be secured to steel "T" fence posts at 10 feet on centers. N. MONTHLY ESTIMATES AND PAYMENTS On or about the last Friday of each month the Engineer will make an approximate estimate of the value of the work done and materials furnished in place on the work during the previous calendar month. He will also include the cost value of freight for equipment and materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. ' The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide In the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor the amount of such estimated value of materials furnished and work done during said previous calendar month, less retainage as provided by state law. If the Owner shall at any time fail to make the Contractor a monthly estimate at the time herein specified, such failure shall not be held to vitiate or void the contract. O. CONNECTIONS TO EXISTING FACILITIES , Unless otherwise specified or indicated, Contractor shall make necessary connections to existing utilities such as water, sewer, telephone and electric. In each case, Contractor shall receive permission from Owner or the owning utility prior to undertaking connections. Contractor shall protect facilities against deleterious substances and , damage. Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time 100-4 t I Section 100 I I I I I Project Requirements of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility. P. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. a. LOCATION OF DISPOSAL SITE R shall be the Contractor's responsibility to dispose of all demolition materials from the sites in accordance with local, state and federal guidelines. The Contractor may dispose of the materials at a site where he has approval. 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. R. STOCKPILE OF MATERIALS INo materials are to remain on -site unless directed by the Engineer. ' S. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials Sand equipment orders, receipt of materials and equipment, manpower, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. ' With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall have submitted all approvable critical path scheduling at least ten days before submission • ' of the first application for payment. On the last Friday of each month, the Contractor shall submit to the Engineer critical path ' progress status reports and revised schedules as required to show completion of the project, All drives, entrances, curb and gutter, drainage conduits, pavement, lighting and pavement marking must be completed on or before April 24, 1992, to provide for parking for the Walton Arts Center's first scheduled performance. ' T. USE OF EXPLOSIVES The use of explosives is not allowed on this project. rI I 1 100-5 Section 100 Project Requirements U. CLEANUP During construction, the Contractor shall keep the construction area in a clean, neat and , workmanlike condition at all times. Pipe, equipment, and all other material shall be stored and protected in an area away 1 from the construction operations. As soon as practicable, the area around all structures shall be back -filled, and the entire area shall be maintained in a smooth condition at all times insofar as is practical. construction. .. .: :. 'fl I END OF SECTION , C I I I H I I I1 I C 100-6 1 Section 170 ASHTD Standards TECHNICAL SPECIFICATIONS ' ASHTD STANDARD SPECIFICATIONS REFERENCE ' A. GENERAL The following specifications are hereby made a part of these Specifications by reference. The following specifications are contained in the Standard Specifications for Highway Construction, Edition of 1991, published by the Arkansas State Highway and Transportation Department. The page numbers given below refer to pages in said 'Standard Specifications. Wherever Standard Specifications are mentioned in these Specifications, It shall mean the above publication, or the latest amendments thereto. Any changes or modifications to the Standard Specifications for this project are listed ' following the Individual section to which the changes are referenced. In all cases, the methods of measurement and payment, are hereby superseded, and shall be as set out in Section 1200 of these Specifications, Methods of Measurement and Payment. ' The Standard Spec'dicatlons for Highway Construction are available for Inspection in the Engineer's office, or they may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas. Section Page No. ' B. EARTHWORK AND SITE PREPARATION (Division 200) I H I I I 1. Control of Material, Section 106 ........................ 41-51 Fill material shall he provided by the Owner. The location of the borrow area is the Grigg property, located in Springdale, Arkansas. The Grigg pit is further described as being just north of the Johnson, Arkansas city limits on South 45th Street and approximately one-half mile north of Great House Springs Road. Borrow Site. The Contractor shall clear and strip all topsail and underbrush within the area from which the borrow material shall be taken. The above material shall be moved to areas on the site as directed by the Engineer. Some minor clearing is anticipated to gain access to the spo area. The Contractor shall protect all culverts as necessary for the prosecution of the work. After all material has been removed from the borrow site, the Contractor shall clean up and grade the pit area as to provide uniform slopes and to prevent excessive erosion. Plastic soils should have a minimum plasticity index of 8 and a maximum plasticity index of 18, so as to avoid objectionable silty or high plasticity soil characteristics. In addition, to avoid potential compressive materials, they shall have a liquid limit of 45 or less. H 170-1 Section 170 P ASHTD Standards Acceptable Unified Soil Classifications Include GW, GP, GM, GC, SW, SP, SM, SC, CL and ML soils satisfying the liquid limit and plasticity index criteria. Unsatisfactory soils include MH, CH, OH, PT, and soils whose Atterberg limits are beyond the specified limits. 2. Clearing and Grubbing, Section 201 ................... 93-98 3. Removal and Disposal of Structures, Section 202 ......... 99-103 4. Removing and Replacing Base Course and Asphalt Surfacing, Section 209 .................. 111-112 5. Excavation and Embankment, Section 210 .............. 113-126 All density testing, modified and standard Proctors and in -place densities 1 of grading and backfill, including determination of soil classifications, plasticities, and Atterberg limits, shall be performed by a laboratory acceptable to the Engineer. All costs associated with testing shall be borne by the Contractor. The number of tests required shall not be less than one per 2,500 square feet per lift for parking. 1 6. Subgrade, Section 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129-132 C. BASES AND GRANULAR SURFACES (Division 300) ' 1. Aggregate Base Course, Section 303 .................. 145-149 Aggregate base course shall be Class 7 or 8, crushed stone. D. ASPHALT PAVEMENTS (Division 400) 1 1. Prime and Tack Coats, Section 401 ................... 173-176 2. Materials and Equipment for Prime, Tack and Asphalt Surface Treatments, Section 403 .......... 183-188 3. Design and Quality Control of Asphalt Mixtures, Section 404 ............................... 189-195 4. Asphalt Concrete Hot -Mix Surface Course, Section407 ............................... 203-206 Asphalt concrete surface course shall be Type 3. 5. Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 .......... 218-232 6. Construction Requirements for Asphalt Hot -Mix Binder and Surface Courses, Section 410 233-245 I 170-2 1 '1 I J Section 170 ASHTD Standards E. RIGID PAVEMENT (Division 500) Portland Cement Concrete Pavement, Section 501 ........ 257-288 The minimum 28 day compressive strength shall be 3,500 psi when tested in accordance with AASHTO T 22. ' Prior to construction of Portland cement concrete paving, the Contractor shall submit a detailed joint layout plan to the Engineer for approval. The Joint layout plan shall show all construction, expansion, contraction joints t with dimensions, spacing and joint details. Contraction joints shall be spaced at an optimum distance of 8 to 10 feet and they may be sawed. The ratio of length to width spacing of the joints shall not exceed 1:15 ' with a 1:1 ratio being optimum. Construction joints shall be of the keyed or doweled type. The joint pattern and design shall be developed by a qualified pavement engineer. Materials and operations shall be tested as the work progresses. The cost of all field testing of materials and work shall be borne by the Contractor. ' The testing laboratory shall he one recommended by the Contractor and approved by the Engineer. I C I I I n I I 'l Testing will be performed generally as set out below. For each 50 cubic yards of concrete placed or for each run representing a unit or portion of a finished structure, whichever is less (i.e, footing, wall, floor slab, columns, roof slab, etc.), the following tests shall be performed: Composite samples shall he served in accordance with ASTM C172-71 (Reapproved 1977) 'Standard Method of Sampling Fresh Concrete' Mold and laboratory cure three specimens from each test required In accordance with ANSUASTM C31-69 (Reapproved 1975) Standard Method of Making and Curing Concrete Test Specimens in the Field.' Test the specimens in accordance with ANSIIASTM C39-72 (Reapproved 1979) 'Standard Test Method for Compressive Strength of Concrete Specimens.' Two specimens shall be tested at 28 days for acceptance and one specimen shall be tested at seven days for information. The slump of the normal -weight concrete sample for each strength test shall he determined in accordance with ANSUASTM C143-78 'Standard Test Method for Slump of Portland Cement Concrete.' Determine the total air content of a normal -weight concrete sample for each strength test in accordance with ANSUASTM C238-83 'Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method,or in accordance with ANSUASTM C138-77 'Standard Test Method for Unit Weight, Yield, and Air Content (Gravimetric) of L 170-3 Section 170 ASHTD Standards Concrete. The Contractor, at his option, and under the direction of the Engineer, may secure and mold samples and perform the tests specified In ASTM C238-83, provided he has the necessary equipment for securing, molding and testing as set out in the referenced standards, and performs these tasks In strict accordance with the referenced standards. Any questions arising as to whether the tests are being performed In accordance with these standards, or whether an approved laboratory should be used, will be decided by the Engineer. 2. Reinforcing Steel for Pavement, Section 502 . . . . . . . . I . . . . 289-290 3. Approach Slabs and Gutters, Section 504 ............... 294-297 4. Portland Cement Concrete Driveway, Section 505 ......... 297-298 F. INCIDENTAL CONSTRUCTION (Division 600) 1. Pipe Culverts, Section 606 . . . . . . . . . . . . . . . . . . . . . . . . . 2. Precast Reinforced Concrete Box Culverts, Section 607 .... 3. Drop Inlets, Section 609 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Pipe Underdrains, Outlet Protectors, and Covers, Section 611 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Seeding, Section 620 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Temporary Erosion Control Items and Devices, Section 621 . . 7. Solid Sodding, Section 624 . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Topsoil Furnished and Placed, Section 628 ............. . 9. Concrete Walks and Steps, Section 633 ............... . 10. Curbing, Section 634 . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . 11. Roadway Construction Control, Section 635 . . . . . . . . . . . . . G. TRAFFIC CONTROL FACILITIES (Division 700) 339-349 349-350 354-357 358-361 383-389 390-397 403-406 415-416 425-426 427-430 430-432 L I J I I I L H I Li L L 1. Reflectorized Paint Pavement Marking, Section 717 . . . . . . . . 492-501 1 H. STRUCTURES (Division 800) 1. Excavation and Backfilling, Section 801 ................. 543-549 2. Concrete for Structures, Section 802 ................... 549-604 Concrete for structures shall be a minimum of 3,500 psi at 28 days (55 bags per cubic yard minimum cement content.) See Section 501 above for testing requirements. I I 3. Protective Treatment for Concrete, Section 803 ........... 605-606 4. Reinforcing Steel for Structures, Section 804 ............. 606-613 END OF SECTION L! 170-4 Landscaping TECHNICAL SPECIFICATIONS The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for landscaping. The work shall include every item of work necessary for complete and acceptable landscaping as shown on the Plans and as hereinafter specified. Description of Work. The extent of landscape development work is shown on the Plans and In the Schedule. •�� Plant names conform generally with 'Standardized Plant Names,' 1942 American Joint Committee on Horticultural Nomenclature. Pruning and related tree work to conform to latest revision of National Arborist Association Standards. Submittals. Samples of all materials shall be submitted for testing and/or acceptance when requested by the Engineer or required by these Specifications. Provide affidavits from manufacturers and/or suppliers where required by these Specifications. Guarantee. One year from substantial completion of the project or acceptance of the planting, whichever is later and at no additional cost to the Owner, the Contractor shall replace any tree, ground cover or sod that is dead or that Is, in the opinion of the Engineer, in an unhealthy or unsightly condition, or that has lost Its natural shape due to dead branches or excessive pruning. All replacement planting is to be done no later than the next planting season succeeding the time at which the Engineer directs the Contractor to replace the planting or during the current season. MATERIALS Topsoil. Topsoil required to complete the work of the planting shall be furnished by the Contractor. Topsoil shall be a Yne sandy loam' or a 'sandy loam' determined by mechanical analysis and based on the U.S.D.A. classification system. It shall be of uniform composition, without admixture of subsoil. It shall be free of stones, lumps, plants and their roots, debris and other extraneous Section 243 Landscaping matter over 1 Inch in diameter or excess quantities of smaller places of the same materials as determined by the Engineer. Acidity Range: pH 6.0 to pH 7.5. Soluble Salts: Not more than 75 parts per million. OpA, Sod shall consist of a densely rooted growth of Zoysia grass substantially free from noxious weeds and undesirable grasses. The sod shall be cut in uniform strips with a minimum of 1 inch of root depth approximately 12 inches in width and not less than 12 Inches in length but not longer than can be conveniently handled and transported. Seed. Annual rye grass seed for overseeding shall be labeled in accord with current rules and regulations of the Arkansas Plant Board and shall have a minimum of 98 percent pure seed and 85 percent germination by weight and contain no noxious weed seeds. 3. Ted. Mechanical and chemical (pH, soluble salts) analysis shall be by a public extension service agency or a certified private testing laboratory in accordance with the current 'standards' of the 'Association of Official Agricultural Chemists.' Provide representative samples for testing and approval. Deliver samples to testing laboratory, have testing report sent directly to Engineer and pay all costs. Topsoil shall not be delivered or worked in a frozen or muddy condition. I I I I I I I L L I I a. Water. Water shall be free from ingredients harmful to plant life. Hose and ' other watering equipment will be furnished by lawn and planting contractor. b. ,Snd, Sand shall be a coarse builders' type sand with no particles greater than a 2 mil diameter, with 30-50 percent passing a 100 mesh sieve, and nothing passing a 200 mesh sieve. c. Peat Moss. Brown sphagnum moss peat, conforming to ASTM 02607, free of woody materials and of mineral matter such as sulphur and iron, and shall have a pH value between 4 and 5. Deliver air dry in standard bales. d. Mulch. Pine Mulch. Mulch shall be free of molds and contain only ground pine bark. e. Tree Wrap. Heavy 4 inch wide brown Kraft with bituminous inner coating manufactured by W. E. Clark & Son, Orange, CT, or approved equal. I I I I 243-2 ISection 243 Landscaping f. Fertilizer. Commercial complete standard product complying with State and LFederal Fertilizer Laws. Deliver to site in original unopened containers with manufacturer's ' guaranteed statement of analysis or furnish Engineer with manufacturer's certificate of compliance covering analysis. L Fertilizer shall be a commercial grade, uniform in composition, free flowing and suitable for application with mechanical equipment, delivered to the site In labeled containers conforming to current Arkansas Fertilizer Laws and 'bearing the analyses of the available nutrients which shall be 10-20-10 (nitrogen -phosphorus -potash). Fertilizer shall be applied to areas seeded at a rate of 20 pounds per 1.000 square feet. At least 50 percent by weight of the nitrogen content shall be derived from organic materials. Fertilizer shall be uniform in composition, free -flowing and suitable for application with approved equipment. g. Aluminum Sulfate (if required by Soil Analysis). Commercial grade, unadulterated and delivered in containers with the name of the material, ' name of the manufacturer, net weight of contents. h. Umestone (if required by Soil Analysis). Agricultural grade limestone ' ground to pass an 8 mesh sieve with 25 percent passing a 100 mesh sieve shall be furnished. In addition, a calcareous limestone shall contain not less than 50 percent calcium oxide, and dolomitic limestone shall contain riot less than 40 percent magnesium oxide. Coarser materials will be acceptable provided the specified rates of application are Increased proportionately, on the basis of quantities passing the 8 mesh and 100 mesh sieve, but no additional payment will be made for the increased quantity. Ii. ≤. Seeding shall be completed In accordance with Section 620 of the Standard Specifications for Highway Construction as published by the Arkansas State Highway and Transportation Department, except that the seed shall be hulled Bermuda grass seed applied at the rate of one (1) pound per 1,000 square feet. 5. Plant Materials. Furnish and plant all plants shown on the Plans and/or the Plant ' List as specified. All plants shall be nursery -grown. Unless specifically noted otherwise, all plants shall be of selected specimen quality, exceptionally heavy, symmetrical, tightly knit, so trained or favored in its development and appearance as to be unquestionable and outstandingly superior In form, number of branches, compactness and symmetry. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous plants with well ' 243-3 Section 243 1 Landscaping 1 developed root systems. Plants shall be free of disease, Insect pests, eggs or larvae. I Plants shall not be pruned before delivery. Trees which have a damaged or crooked leader, or multiple leaders, unless specifically specified, will be rejected. Trees with abrasion of the bark, sun -scalds, disfiguring knots, or fresh cuts of limbs over 1-1/4 inch which have not completely calloused, will be rejected. ■ Shipping. All plant material being transported shall be covered. ■ Substitutions. When plants of kinds or sizes specified are not available within a 300 mile radius, substitutions may be made upon request by the Contractor, if approved by the Engineer. Sizes of trees and shrubs shall be in accordance with specifications in the L Standard for Nursery Stock, ANSI Z60.1. All plants shall be in accordance with the measurements specified in the Plant List, t or larger (after pruning). When a range of sizes Is given, at least one-half of the quantity required shall be equal to or be larger than the median of the size range. I Plants shall be subject to inspection and approval upon delivery for conformity of specification requirements as to quality, size and variety. Balled and burlapped (B&B) plants shall be dug with firm natural balls of earth, of sufficient diameter and depth to include most of the fibrous roots and conforming to Standards for Nursery Stock, ANSI Z60.1. No plant moved with a ball will be accepted if the ball is broken before or during planting operations except upon special approval of the Engineer. No plant shall be bound with wire at any time so as to damage the bark or break the branches. C. EXECUTION 1. Sodding. The Contractor shall fine grade and prepare soil to accept sodding to ! the satisfaction of the Engineer. Sod shall be moist when placed, and shall be laid along contour lines, by hand, t commencing at the lower elevation of the area to be sodded and working upward. Transverse joints of sod strips shall be staggered, and the sod strips carefully laid ' to produce tight joints. At the edges of the areas to be sodded, the sod shall be toed into the surface and backlilled with topsoil to provide a smooth transition from sodded areas to non -sodded areas. 243.4 ' Section 243 Landscaping i The sod shall be rolled and watered as directed by the Engineer, and rolled after it is placed. The rolling shall be accomplished by use of a lawn roller or tamper, with care being taken to avoid damage to the sod strips. When completed, the sodded areas shall be cleared of loose sod or other debris. The sodded area shall be overseeded with 10 pounds/1 .000 square feet of annual rye grass seed, and moistened as directed by the Engineer. A thin application of topsoil shall be scattered over the sod. Water shall be applied to sodded areas as directed by the Engineer for a period ' of three weeks. The Contractor shall maintain sodded areas by mowing, watering, and application of fertilizers, if required, until final acceptance of the project by the Owner. Sodding shall be installed by the Contractor as shown on the Plans. ' All debris shall be removed from planting areas prior to placement of topsoil. All planting areas shall be roto-tilled to a minimum depth of 6 inches prior to planting. ' The area to be sodded shall be graded as specified elsewhere in these Specifications to the configuration shown by the Plans. The top 6 inches of the finished grade shall be topsoil, also as specified elsewhere in these Specifications. ` Immediately prior to the placement of sod, the surface shall be scarified and have applied fertilizer as herein specified. The fertilizer shall be incorporated into the top 2-4 inches of the root zone. The surface shall be moist and firm, but in an uncompacted condition at the time the sod is placed. 2. Planting Operations. Time of planting shall be determined by the handling characteristics of the plant. ' Planting. Planting shall be done by experienced workmen familiar with planting procedures under the supervision of a qualified foreman. All debris shall be removed from planting areas prior to placement of topsoil. All planting areas shall be roto-tilled to a minimum depth of 6 inches prior to ' planting. All balled and burlapped plants which cannot be planted immediately upon delivery shall be set on the ground and shall be well protected with soil, wet moss, or other ' acceptable material. Plants shall not remain unplanted for longer than three days after delivery. 243-5 Section 243 I Landscaping I Prior to excavating for plant pits, the area shall conform to the lines and grades shown on the Plans. a ■ Stake out locations of all plants and secure the Engineer's approval before excavating plant pits and beds. I Ground cover beds shall be dug to a depth of 6 inches below final grade. Incorporate peat moss with the topsoil in the ratio of one part peat moss to three parts topsoil. Supply sufficient topsoil where required to provide 6 Inch deep beds. Holes for trees on grade shall be at least three times greater in diameter than the ■ spread of the root ball. i If pits are prepared and backfilled to grade prior to planting, their locations shall be marked and recorded on the Plans so that when planting proceeds they can readily be found. Plant pits may be dug by any method approved by the Engineer provided that the I pits have vertical sides and flat bottoms. When the sides of the pits become glazed, the glazed surface shall be scarified. I The Contractor shall locate and Identify type and depth of all underground utilities. He shall notify the Engineer of all conflicts prior to digging plant pits. The Engineer reserves the right to adjust the locations of several plants to compensate for underground utility locations. Trees shalt be inspected for injury to trunks, evidence of insect infestation and J Improper pruning before wrapping. Immediately after planting, wrap trunks of trees spirally from bottom to top with I material specified and adequately secure. The wrapping shall overlap and entirely cover the trunk from the ground to the height of the second branches and shall I be neat and snug. Overlap shall be approximately 1 inch. Set plants in center of pits plumb and straight, taking advantage of plant's best I side. All plants shall be planted at the depth they originally grew. Place all plants too large for two men to lift in and out of holes with a sling. Do I not rock trees In holes to raise. Soil mix for plant holes: thoroughly mix two parts topsoil, one part peat and one I part sand. When balled and burlapped plants are set, soil mix shall be watered to settle soil I around bases of balls to fill all voids. All ropes and wires shall be completely removed, and burlap shall be removed from the top one-third of balls. I 243-6 1 Section 243 Landscaping I Soil mix around balls shall be thoroughly settled and watered. Immediately after the plant pit is backfllled, a shallow basin slightly larger than pit shall be formed as shown on the Plans to facilitate and contain watering. After planting, cultivate the soil In the shrub beds between shrub pit, rake smooth and outline neatly as Lshown on the Plans. Broken branches shall be property pruned after trees are planted. ISoil additives for planting soil mix shall be applied in the plant beds and/or tree pits prior to planting of materials. IRoots of bare roots plants shall be properly spread out and soil mix carefully worked in among them. Broken or frayed roots shall be cut off clean. 3. Plant Adjustment. Any trees leaning shall be adjusted to maintain proper position during the guarantee period. tj 4. Mulching. All plantings shall be thoroughly mulched with pine mulch to a depth of 3 inches and watered thoroughly after planting. Do not cover plant bases with mulch. Finish mulch top to be 1/2 inch to 1 inch below walk or terrace levels to prevent washing. 1 5. Cleaning Up. Pavements shall be kept clear at all times. Broom clean to prevent tracking dirt into buildings. After completion of all planting work, dispose of all debris and excess material to the satisfaction of the Engineer. All pavements shall be broomed and hosed clean. END OF SECTION I I L C 1 243-7 I I Section 244 Irrigation TECHNICAL SPECIFICATIONS IRRIGATION A. GENERAL The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for installation of an Irrigation system In the landscaped and planted areas as shown on the Plans and hereinafter specified. The work includes, but is not necessarily limited to, the following: ' Trenching and Backfill ' Automatically -Controlled Irrigation System • Test all Systems and Make Operative ' 'Plans of RecordDrawings furnished to the Engineer showing any Deviations from the original Plans. B. MATERIALS 1. Polyvinyl Chloride (PVC) Pipe and Fittings. All pipe in sizes 3/4 inch through 1- 1/2 Inches shall be polyvinyl chloride (PVC) pipe conforming to ASTM Standard D-2241, SDR-21, pressure rating 200 with solvent cement joints. IPVC pipe shall be continuously marked with identification of the manufacturer, type, class and size. iThe Plans show the approximate location of sleeves to be furnished and installed under paved areas, etc. The pipe for sleeves shall be twice the diameter of the 1 carrier pipe (i.e., a 3 inch sleeve shall be installed for a 1-1/2 inch carrier pipe). Pipe used for sleeves shall be Schedule 40 PVC conforming to ASTM Standard D-2466 with either solvent cement or bell and spigot type joints. ' All fittings in sizes 3/4 inch through 1-1/2 inch shall be solvent cement type, polyvinyl chloride (PVC) Schedule 40 conforming to ASTM Standard D-2855, and must be of domestic manufacture. Solvent for use on PVC pipe and fittings shall be of a type approved by the manufacturer of the pipe. Make all connections between plastic pipe and metal valves or steel pipe with threaded fittings, using plastic male adapters. Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials which would obstruct the pipe. Leave In place until removal 1 Is necessary for completion of installation. 244-1 Section 244 Irrigation I 2. Risers and Swino Joint Nilaples. Sprinkler heads using less than 6.5 gallons per minute (gpm) shall be connected to lateral line with 3/8 inch poly pipe ■ (.69-.70 O.Q., .59-.60 I.D., .100 wail thickness, 80 psi pressure rating) with insert fiWngs. Sprinkler heads using 6.5 to 10 gpm shall be connected to lateral line with a PVC triple -swing joint with Schedule 80 nipple and Schedule 40 PVC or Marlex street el. 3. 120 Volt Electric Wiring. All 120 volt AC wiring shall be installed In accordance with local electric codes. All 120 volt service to controllers shall consist of one black and one white wire with ground. All wiring shall be burled to a minimum depth of 8 Inches. ' All splices in wiring shall be made watertight using approved methods which conform to UL classifications. I 4. Control Lines (24 Volt Electric). Electric control lines from controller to automatic valves shall be direct burial (UL approved) wire of a different color than the 120 volt service to controllers. The 24 volt common ground shall be of one continued color and a different color than the other 24 volt lines and the 120 volt service. All wire splicing shall be minimized, with such splices made waterproof with the use of Scotchiok or Pen -Tice kits. All 24 volt wiring shall be done in accordance with existing codes. 5. Sprinkler Heads. All sprinkler heads shall be as specified on the irrigation design plan. The body of the sprinkler shall be constructed of cycolac material, the sprinkler shall be easily serviced from the top of the sprinkler, shall have an accessible screening device, and shall perform to manufacturer's specifications concerning diameter of throw and gallonage at given pressures. Spacing of the heads on this project shall not exceed the manufacturer's I maximum recommendations. All sprinklers shall be installed as per manufacturer's specifications. ' 6. Control Equipment. Automatic controller shall be as specified on the irrigation design plan. The controller shall be encased in a sturdy, lockable, mounting box and must be easily accessible for maintenance. 244-2 1 Section 244 Irrigation 1 Minor timing adjustments of the controller shall be possible to be made In the field. There shall be no time lags between sections or stations and the controller will be of a compatible type for operating the automatic control valve. If the timing mechanism of the controller has to be removed from the field for service, the controller shall be capable of continued manual operation. Automatic control valves shall be as specified on the irrigation design plan. They shall be of the same operation type as the controllers. 7. Gate Valves. Gate valves shall be of brass and screwed connections, non -rising stems, and cross handles, with a minimum pressure rating of 200 psi. ' All gate valves shall be installed using a valve sleeve to provide access to the handle. Gate valves shall be used in any case where a manual drain valve is required. 8. Automatic: Drain Valves. Automatic drain valves shall be installed In low points of lateral pipe. ' 9. Miscellaneous System Components a. Sleeves for Control Wires. PVC 1220, 220 psi plastic pipe or galvanized heavy wall steel conduit shall be provided under all walks and paving and where indicated on the Plans for control wires. Sleeve shall extend a minimum of 12 inches beyond edges of paving or construction. b. Service Saddles. All service saddles shall be Smith -Blair double strap, all bronze. C. EXECUTION 1. Protection of Work and Propel y. The Contractor shall avoid damage to any buildings, equipment, utilities, sidewalks, landscaping, above -ground or underground structures or installations of any kind, and shall be held responsible for any damage that occurs as a result of his work or leakage of the irrigation system which he is installing. 1 The Contractor shall adequately protect adjacent property as provided by law and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by the public authority for local conditions. The Contractor shall securely cover or barricade with blinking lights all openings Into the section of the system he is working on and components of the system as i it is being installed to prevent obstructions in the pipe and the breakage, misuse, or disfigurement of the equipment. 1 244-3 Section 244 p Irrigation I 2. Handling of Materials. The Contractor shall be responsible for correct procedures In loading, unloading, stacking, transporting and handling all materials to be used In the system. The Contractor shall avoid rough handling which could affect the useful lice of equipment. Pipe shall be handled in accordance with the manufacturer's recommendations on loading, unloading and storage. 3. Cleaning Premises. The Contractor shall continually keep a neat and orderly area in which he is installing the system. Disposal of rubbish and waste material resulting from the installation shall be continuous. Upon completion of the system installation, the Contractor shall remove from the , Owner's property, at his own expense, all temporary structures, rubbish, and waste materials resulting from the installation of said system. 4. Marking Locations of Irrigation Piping and Sprinkler Heads. The Contractor shall mark the proposed location of all Irrigation piping and sprinkler heads on the ground with spray paint prior to trenching. The Contractor shall notify the Engineer of the marking prior to the start of trenching, and shall not proceed with trenching until receiving approval of the marking from the Engineer. Where existing manholes, trees, power poles, etc. affect proposed locations of Irrigation piping, valves and sprinkler heads, the Contractor shall contact the Engineer for necessary relocation. 5. Excavation. All excavation shall be unclassified and shall include all materials encountered. Sleeves for irrigation piping shall extend 2 feet beyond the back of curb on each side and shall be marked for proper identification after installation. Any trenching to be located within the dripline of an existing tree shall be done by hand. Any root under 2 inches in diameter which crosses the trench shall be cut cleanly with pruning shears or a fine-toothed saw. If any roots over 2 Inches In diameter are encountered during trenching, the Engineer shall be contacted immediately for a decision on rerouting the piping or cutting the root. All trenching In the tree root zone is to run radially to the trees. Minimum depth of cover over piping 1-1 /2 inches shall be a minimum of 24 Inches, as detailed; minimum cover over piping smaller than 1-1/2 Inches shall be 8 Inches, as detailed. In existing lawn areas, remove and preserve sod over trenches, and replace it after backfilling trenches. Backfill material shall be free from rocks or other materials which may damage pipe or cause excess settling. Backfilling shall be done in 6 inch layers, and tamped after each layer to reduce settling. I 244.4 1 Section 244 Irrigation I Backfilling of trenches containing plastic pipe shall be done when pipe is cool to ' avoid excessive contraction in cold weather. Such backfilling can be done in early morning hours or the pipe may be water-cooled prior to backfilling procedures. u trenching Is necessitated through existing asphalt roadways, the Contractor shall cut the asphalt to the width of the trench prior to trenching. Removal of cut asphalt and replacement of all asphalt shall be the responsibility of the Contractor. The Contractor shall exercise reasonable care to avoid causing damage to any and all underground utilities and structures. The Owner shall advise the Contractor of any underground utilities or structures of which he is aware. Utility locating services shall be called upon by the Contractor to pinpoint location of any underground utilities on the site of the project. All disturbed areas are to be dressed off to finish grade. 1 6. Installation of System Main. Installation of the system main shall be in accordance with the manufacturer's instructions and shall proceed from the point of connection of supply for the system pumping station, reservoir, or existing line. The main shall be flushed and pressure tested for 24 hours prior to making any lateral connections. ` 7. Installation of Lateral Lines. Lateral lines shall be Installed by standard trenching techniques, bedded and backfilled in sand as shown on the Plans. 8. Sprinkler Heads. The sprinkler head shall be installed so that the top is slightly above the finished grade level. If finished grade has not been established, the sprinkler will be extended a minimum of 2 inches above the existing level and marked with a stake to prevent damage by equipment. Backfill around the swing joint and sprinkler shall be free of large rocks, roots or foreign debris. 9. Control Lines. All control lines shall be Installed in a neat and orderly fashion and may be installed higher in the main and lateral trenching or in their own separate trench. The lines shall be bundled together and taped every 5 to 10 feet. Control line connections shall be as approved in a preceding section of these Specifications. 10. Control Equipment. All automatic valves and controllers shall be installed following the recommendations of the manufacturer of said equipment. The location of all controllers shall be approved by the Engineer before the actual installation of said controllers. 11. Valve Boxes. Drains. Etc. All valve boxes, drain boxes, or any other miscellaneous marker or access box shall be installed so the top of said structure Is at finished grade. I I 244-5 Section 244 1 Irrigation I 12. Testing System. Upon completion of the irrigation system and after sufficient time has been allowed for solvent weld joints to cure, the entire system shall be tested for proper operation. All air will be flushed from the system and all components will be checked for proper operation. The Contractor shall: I a. request the presence of the Engineer In writing at least 24 hours in advance of testing. b. be aware that testing Is to be accomplished at the expense of the Contractor and in the presence of the Engineer. c. center load piping with small amount of backfill to prevent arching or slipping under pressure. d. apply a continuous and static water pressure of 60 psi when welded plastic joints have cured at least 24 hours and with the risers capped as follows: • main lines and submains to be tested for 12 hours. • lateral lines to be tested for two hours. e. repair leaks resulting from tests. 13. Balance and Adjustment. The Contractor shall balance and adjust the various components of the sprinkler system so the overall operation of the system is most efficient. This Includes a synchronization of the controllers, adjustments to pressure regulators, pressure relief valves, part circle sprinkler heads and individual station adjustment on the controller. 14. Acceptance. Acceptance of the system is based on the furnishing by the Contractor of a completed "Plans of Record" which is acceptable to the Engineer. 15. Training of Maintenance Personnel in Operation and. Maintenance of System. Upon completion of the system, the Contractor shall train maintenance personnel designated by Owner in the day-to-day operation and maintenance of the system. The Contractor shall, at no additional cost to the Owner, conduct one draining and winterizing of the system in November, and one reactivation of the system in March. The Contractor shall notify the Owner in writing at least 14 days prior to conducting winterizing and reactivation, and shall train maintenance personnel ' designated by the Owner in each procedure. The Contractor shall provide three copies of all pertinent operation and maintenance literature to Owner upon final acceptance of the system. END OF SECTION 244-6 1 Section 950 Aluminum Handrails I TECHNICAL SPECIFICATIONS ALUMINUM HANDRAILS A. GENERAL All handrails to be supplied for this Job and installed at the locations shown on the Plans or specified shall be externally welded pipe rail systems as manufactured by Tri Tech, Inc. of Austell, GA, Thompson Fabricating Company, Inc, Tarrant, AL, or equal. B. MATERIALS Railings and posts shall be 1-1/2 Inch diameter, Schedule 40, extruded aluminum • (6063-T5), with anodized satin finish, AA -C22 -A31, clear color. All joints in the aluminum railing are to be welded. All corners are to be mitered and welded; all welds shall be ground smooth. Handrail heights are shown on the Plans. Shop drawings shall be 'prepared by the manufacturer and submitted to the Engineer for approval prior to beginning fabrication. 1 Handrail systems shall be designed and constructed for a 200 pound concentrated load applied at any point and in any direction at the top of the guardrail. C. INSTALLATION Handrails are to be shop fabricated and delivered to the job site in completely assembled 1 sections. Frequency of field splices shall be in accordance with the manufacturer's recommendations and as approved by the Engineer. Bolted fittings will not be acceptable. Mountings shall be as shown on the Plans. The manufacturer shall supply devices and brackets as required to meet the conditions. The installations shall be in accordance with the manufacturer's recommendations, and shall be structurally sound and without movement. All components shall be Installed with posts plumb and rails true to line in accordance with the approved drawings. The Contractor shall thoroughly clean all components as recommended by the manufacturer. IThe Contractor shall coordinate the delivery time so that the railings do not arrive prior to the time of installation. Handling shall be conducted to prevent damage. After Installation, railings shall be protected until final acceptance of the job. In cases where aluminum handrails are bolted to steel or concrete surfaces, gaskets or coatings shall be provided to separate the aluminum from steel or concrete. These gaskets or coatings shall be as approved by the Engineer. IEND OF SECTION I 1 950-1 I I TECHNICAL SPECIFICATIONS ELECTRICAL - GENERAL Section 1100 Electrical - General ' A. GENERAL The Contractor shall furnish all equipment, tools, materials and perform all labor, and Install complete all electrical circuits, conduit, wiring, cable, fittings, lighting fixtures, lamps, panelboards, switches, fuses, motor control equipment and apparatus, and all other work and materials required for a complete installation of all electrical work and ' equipment covered by these Specifications and the Plans. All work shall be done and materials furnished in accordance with these Specifications and in a manner satisfactory to the Engineer. ' B. CODES AND PERMITS The work shall be performed and all materials shall conform and be in accordance with the latest National Electrical Code and applicable state and local rules and regulations. The Contractor shall, at his own expense, obtain all necessary permits, inspections and 1 approval of proper authorities in local jurisdiction of such work. C. RELATION TO OTHER WORK The electrical work shall be done to conform to the construction schedule and progress of other associated trades. Electrical apparatus on all equipment furnished and set by 1 other trades shall be connected, checked out, serviced, and placed In readiness for proper operation to the satisfaction of the Owner and the Engineer, all within the scope of the work intended under these Specifications. i D. MATERIALS AND WORKMANSHIP All materials shall be new, and shall be of the latest standard design of a manufacturer ' regularly engaged In the manufacture of that type of equipment. Materials shall be in good condition and shall be free from dents, scratches or other damage incurred in shipment or installation. All equipment shall comply with the National Electrical Code, Underwriters Laboratories, ' or other appropriate agency. Installation shall be made in a neat and workmanlike manner, and all materials shall be Installed in accordance with the recommendations of the various manufacturers. Incidental materials required to complete the installation as intended by these Specifications shall be of the type and quality in keeping with specified equipment. I 1 1100-1 Section 1100 Electrical - General E. MATERIALS STANDARDS AND EQUIPMENT APPROVAL Manufacturers' trade names or catalog numbers used in these Specifications and/or Indicated on the accompanying Plans denote type, size, quality and design of equipment required and are not intended as closed Specifications. All materials used In this work are subject to the approval of the Engineer. Items of electrical equipment manufactured by Square D, Cutler -Hammer, General Electric, Westinghouse, or equal, will be ' acceptable. All materials and equipment shall be submitted for approval, and all pertinent information, when submitted from catalog or equipment information sheets, shall be clearly marked so that the material or equipment proposed to be furnished can be readily and completely identified. Schematics and connection diagrams of ail electrical equipment shall be submitted for approval. Manufacturers' standard connections, where clearly marked by black ink, will be acceptable. F. GUARANTEE ' The Contractor shall guarantee to the Owner all work performed under this contract to be free from defects in workmanship and material for a period of one year from date of final acceptance. Defects arising during this period will be promptly remedied by the Contractor at his own expense, upon notice by the Owner. All lamps for lighting fixtures shall be excluded from this guarantee, but one complete and operative set of lamps for lighting fixtures shall be in place at time of final acceptance. G. PLANS I The Plans indicate the extent and general arrangement of the various systems. No departure from the arrangements shown on the Plans shall be made without the prior written approval of the Engineer. Where wire sizes, conduit and other items of construction are shown or required for a complete Installation, but are not adequately identified as to size or material requirements, the materials furnished shall be in accordance with •Code' requirements as though shown in detail on the Plans. 1 The Plans showing the extent and arrangement of the work of this particular trade must be used, together with the Plans showing the extent and arrangement of the work of other trades, and the Contractor shall lay out his work with due consideration for the other trades and shall be responsible for calling to the attention of the Engineer any interferences encountered. Such interferences shall be investigated and called to the attention of the Engineer before any equipment is Installed and before any materials are fabricated. Relocation resulting from interferences shall be made at no additional cost to the Owner. ' I 1100-2 I TESTS AFTER INSTALLATION Before final acceptance will be given by the Owner, the Contractor shall make such Insulation and load tests as to assure the proper performance of each and every circuit. Instruments for such tests shall be furnished by the Contractor. All circuits, regardless c energizing the first time. Insulation tests shall Include D. C. megger tests of all feeder circuits. Resistance values of 10 megohms or greater shall be required for all circuits. circuits and feeders shall be tested under maximum and loads shall be balanced on the phases of the system The Contractor shall submit to the Engineer in writing a statement that all such tests have been made and all deficiencies corrected. The Contractor shall, in the presence of the Engineer or his representative, verify the results of any or all of the above tests. Before placing in permanent service, all motors are to be checked to see if motors are operating within nameplate current rating. All instances where nameplate rating is exceeded shall be reported to the Engineer, so that reason for overload may be investigated. PLANS OF RECORD The Contractor shall furnish "Plans of Recorddrawings at the completion i One complete set of prints will be furnished the Contractor for this purpose in changes made in the actual installation. Changes made on the Plans drawings shall include the following: Actual location of all panels Revision of fixture schedule and other materials schedules to indicate fixtures and materials actually installed. These drawings shall be turned over by the Contractor to the Engineer for his approval at the completion of the job. SETTING OF EQUIPMENT All equipment shall be leveled and made plumb. Metal junction boxes, equipment enclosures and metal raceways mounted on water or earth -bearing walls shall be separated from walls not less than 114 inch by corrosion -resistant spacers. All electrical conduits and items of equipment shall be run or set parallel to walls, floors and other items of construction. Section 1100 Electrical - General K. GROUNDING All equipment and electrical systems shall be grounded in compliance with Section 250 of the National Electrical Code and as hereinafter set out. The size o1 the grounding conductor shall be in accordance with the applicable tables in the latest edition of the National Electrical Code. This grounding conductor shall be connected to all poles and metal enclosures. ' L. OPERATION VOLTAGES Unless specifically shown otherwise on the Plans or provided for In these Specifications, all new equipment shall be designed for voltages as follows: 1. All lighting circuits: 120 volt. 2. All control circuits, except specific units requiring reduced voltage: 120 volt. , END OF SECTION I I I I I I I U I 1100-4 r� I TECHNICAL SPECIFICATIONS CONDUIT Section 1105 Conduit A. GENERAL The work to be Included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, tools, supplies and incidentals necessary for the Installation of conduit. The work shall Include every item of construction necessary for a complete and acceptable Installation as shown on the Plans and as hereinafter specified. B. MATERIALS 1. PVC Schedule 40. All wiring shall be Installed in conduit. All conduit shall be polyvinyl chloride Schedule 40 conduit and shall conform to the requirements of ' the current National Electrical Code. All conduit, couplings, elbows, etc. which form a part of the conduit system shall be made of PVC Schedule 40 of quality and merit as determined and approved by the Engineer. 2. Expansion Fittings. Expansion fittings, Carton or equal, shall be provided on all conduits where passing through expansion joints. C. EXECUTION 1 Conduit shall be run concealed where possible and shall be kept at least 6 inches from hot water pipes and flues. Conduits shall be installed in a neat and workmanlike manner, whether concealed or exposed. For exposed construction, conduits must be run parallel 1 or perpendicular to walls and ceilings with right angle turns consisting of symmetrical bands or fittings. All bends and offsets shall be avoided where possible. A run of conduit between outlet and fitting shall not contain more than the equivalent of four quarter bends, including those immediately at outlet or fittings. Bends in rigid conduit shall be made with a hickey or conduit bending machine without reducing the internal diameter of the conduit or without injury to protective coatings. The use of a pipe tee or vise will not be permitted. The radius of the curve of the inner edge of the conduit shall not be less than six times 1 the inside diameter of the conduit. Conduit deformed or crushed in any way shall not be installed and must be removed from the buildings without delay. No conduit shall have an Inside diameter of less than 1/2 inch and sizes, unless otherwise shown or noted on ' the Plans, shall conform to the requirements of the National Electrical Code. All empty conduits shall have a No. 18 steel pull wire left in place. All raceways 1-1/4 Inches in diameter and larger shall be terminated in pull boxes, junction boxes, panelboards, etc. Myers Scru hubs, in lieu of locknuts and bushing, shall be used in all areas requiring NEMA 3R equipment. Section 1105 Conduit 1 Conduits shall be cut with a hacksaw; ends must be square, threads cut and cleaned before reaming. The ends of all conduit shall be reamed to remove all rough edges and burrs. Conduits shall be securely fastened to all outlet boxes with locknuts and bushings of approved make, care being exercised to see that the full name of threads project through to allow the bushing to butt up tight against the end of the conduit, after which the locknut shall be screwed tight enough to draw the bushing into firm contact with the box. Underground conduits and duct banks shall have 18 inches minimum earth cover unless t otherwise permitted by the Plans or Specifications. This minimum earth cover shall be 24 inches under areas of vehicular travel. I I I END OF SECTION I I I 1 [1 L u r u I 1105-2 1 Section 1110 Wire TECHNICAL SPECIFICATIONS ELECTRICAL WIRE ' A. GENERAL The work to be Included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, tools, supplies, and Incidentals necessary for the installation of wire. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS The wire that is to be used in construction shall be copper Type THHN or THWN. On power and lighting circuits, no wire smaller than No. 12 shall be permitted. Wire may be stranded. Control wiring shall be no smaller than No. 14, color coded, and the colors shall be continuous for any one circuit throughout the entire length. On wire sizes where colored insulations are not available, the circuits and phase shall be identified by colored tape strips wrapped around the wire at the points of connection. The specific wire sizes shown on the Plans refer to American Wire Gauge and circular -mil area designations. NO ALUMINUM WIRE WILL BE APPROVED. 1 All Insulated wire for use on secondary circuits shall have a voltage rating of 600 volts and shall conform to current National Electrical Code and ASTM Standards. IC. EXECUTION A complete wiring system shall be installed as shown on the Plans. No wires shall be pulled In until the conduit system is complete. No grease, oil, or lubricant other than powdered soapstone or Ideal wire ease shall be used to facilitate the pulling of wires. Joints that may become necessary in circuit work at the outlets shall be made with approved connectors, Scotch Loc, or equal. At each fixture outlet, a loop or end of wire not less than 8 inches long shall be left for connection to fixtures. All wire in blanked -up outlets shall have the ends taped. 1 END OF SECTION ' Section 1120 Electrical Services TECHNICAL SPECIFICATIONS ' ELECTRICAL SERVICES ' A. GENERAL The work to be Included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, tools, supplies and incidentals necessary for the Installation of the electrical services. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as ' hereinafter specified. B. MATERIALS The Contractor will furnish and Install conduit and wire to SWEPCO's point of service. ' C. EXECUTION There will be two electrical services required. The services are to be located as shown on the Plans. The services on this project are to be rated 120/240 volts, single-phase, and sized as shown on the Plans. The power will be provided by SWEPCO in Fayetteville, Arkansas. The Contractor shall make all necessary arrangements with SWEPCO to have the services provided. Any temporary electrical services required by the Contractor shall be metered services ' installed by the electrical contractor. The Contractor shall pay all costs associated with all temporary electrical services, including cost of power. I END OF SECTION F I I 1 1120-1 I I I IA. GENERAL Section 1138 Circuit Breaker Lighting Load Centers TECHNICAL SPECIFICATIONS CIRCUIT BREAKER LIGHTING LOAD CENTERS 240 VAC MAXIMUM ' The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and Incidentals necessary for the installation of branch circuit load centers rated 400 amperes or less, circuit breakers and accessories. The work shall include every Item of construction necessary for a complete and acceptable Installation as shown on the Plans and as hereinafter specified. ' B. MATERIALS Load Centers. Furnish with distributed phase sequence type bussing with approved plating. Provide plug -on circuit breaker connections as scheduled on the Plans. Furnish with wiring terminals UL listed for 75° C and for copper wire. Enclose bus assembly in steel cabinet of required gauge and gutter sizes. Paint the outside of surface mounted cabinets to match the fronts. ' Provide dead front' construction of code gauge steel with flush doors, concealed hinges, and flush cylinder tumbler -type locks. ' Provide solid neutral terminal block that Is isolated from the cabinet unless used for a service entrance load center. Provide a grounding terminal block that is bonded to the cabinet unless used for an Isolated grounded load center. Furnish load centers with a main breaker (MB) as scheduled on the Plans. Provide molded case circuit breakers of quick -make, quick -break, thermal -magnetic type with trip indication and common trip on all multi -pole breakers. Handle ties on mufti -pole breakers will not be accepted. Rate each load center in accordance with UL Standard 67 for the integrated equipment short circuit rating of 10,000 AIC. Load centers shall be equal to Square D Type 00 with circuit breaker types being 00. IC. EXECUTION Mount load centers as shown on the Plans. Section 1138 Circuit Breaker Lighting Load Centers ' Submit manufacturer's data sheets for each load center and each type of circuit breaker proposed for use. Submit schedule of engraved nameplates and load center circuit directories. Approved manufacturer Is Square D for comparable and competitive product lines as applicable. END OF SECTION I I [1 I I [1 I I I 1138-2 I I I TECHNICAL SPECIFICATIONS iLIGHTING FIXTURES IA. GENERAL Section 1142 Lighting Fixtures The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of lighting fixtures, lamps and accessories. The term "fixtures" in this section shall pertain to lighting fixtures. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS H.I.D. Fixtures. Fixture construction, Including wiring, shall be in accordance with ' UL standards and the NEC. All outdoor fixtures shall be listed as suitable for wet locations and shall include all mounting accessories, poles, anchor bolts, brackets and concrete bases for pole -mounted fixtures where indicated or required. ' Ballasts shall be CWA type capable of reliable starting down to -20o F and shall have a power factor of 0.9 or greater. C. EXECUTION ' Submit manufacturer's data sheets complete with dimensions, mounting accessories, and photometric data for each type of fixture and lamp combination proposed for use. Include total connected fixture watts and power factor where applicable. IUpon completion of work, thoroughly clean and polish all fixtures inside and out, and clean all lamps. Adjustable fixtures shall be carefully aimed and positioned In the presence of the Engineer. I ' END OF SECTION I J H I Section 1150 Nameplates/Labeling 1 TECHNICAL SPECIFICATIONS NAMEPLATES AND LABELING ' A. GENERAL The work to be Included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, tools, supplies and incidentals necessary for the Installation of nameplates and labels. The work shall include every item of construction necessary for a complete and acceptable Installation as shown on the Plans and as thereinafter specified. B. MATERIALS ' The nameplates shall be uniformly sized laminated plastic type. The lettering shall be upper case, a minimum of 1/4 inch high, and shall be engraved white letters on a black ' background. Warning type nameplates shall have engraved white letters on a red background. The lettering shall describe the function of the units where nameplates are to be Installed. Lighting panels shall be supplied with a removable card that can be affixed to the inside of the door in the panel. The circuit Information shall be typed onto the card. Hand ' lettering will not be accepted. The card shall be protected by a clear plastic carrier. C. EXECUTION ' The Contractor shall furnish and install nameplates on load centers, control cabinets and junction boxes. 1 END OF SECTION Li I ' Section 1195 Miscellaneous Electrical TECHNICAL SPECIFICATIONS MISCELLANEOUS ELECTRICAL ' A. GENERAL The Contractor shall furnish and Install contactors, time switches, photoswitches, and all ' other incidental materials necessary for a complete and acceptable job at all locations and as shown on the Plans. B. MATERIALS 1. Contactors. The Contractor shall furnish and install two (2) lighting contactors: ' SCHOOL AVENUE SITE - LC - Square D 8903 Type LG40, 20 Amp, 4 pole, or approved equal. ' DICKSON STREET SITE - LC - Square D 8903 Type LG60, 20 Amp, 6 pole, or approved equal. ' 2. Time Switch. The Contractor shall furnish and Install one (1) digital DPDT time switch, Tork No. D100, or approved equal. 3. Photoswitch. The Contractor shall furnish and install one (1) photoswitch, Precision No. ST15, or approved equal. ' C. EXECUTION Miscellaneous electrical equipment shall be installed in accordance with the National Electrical Code and manufacturersrecommendations. ' END OF SECTION I 1195-1 i4['J 11 I 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 contained in the Bid. ` Bid Item 1 - LumpSum This bid item includes, but is not limited to the following general types of work: Clearing and grubbing, removal and disposal of structures, undercut, excavation ' and compacted embankment, borrow material and haul, subgrade preparation, removal and replacement of base course and asphalt surfacing, furnishing and placement of aggregate base course, prime and tack coats, asphaltic concrete ' surface course QR Portland cement concrete pavement (except where specifically shown on the Plans to be concrete), reinforcing steel, pavement marking, reinforced concrete, retaining walls, handrails, concrete approach slabs and ' gutters, pipe culverts, underdrains, drop inlets with covers and frames, connections to existing drainage structures, all testing, furnishing and placement of topsoil and solid sodding, landscaping, irrigation system, water lines and yard ' hydrants, lighting, electrical work, and all work required for a complete and acceptable installation in accordance with the Plans and Specifications. I I I END OF SECTION I L_ II 1200-1