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HomeMy WebLinkAbout83-92 RESOLUTION11, • ✓ T RESOLUTION NO. 83-92 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH INSITUFORM TEXARK, INC. IN THE AMOUNT OF $354,815.00 FOR SEWER REHABILITATION. BE IT RESOLVED BY THE HOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Insituform Texark, Inc. in the amount of $354,815.00 for the Dickson Street sewer line rehabilitation. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of May , 1992. APPROVED: By: ATTEST: By Mayor • 1 • 4 • • McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville. Arkansas 72703 Telephone 501/4433404 FAX 5011443.4340 June 11, 1992 Re: Bid Documents Sanitary Sewer System Rehabilitation and Reconstruction Minisystems 2 and 18B/C Contract Section II Fayetteville, Arkansas Project No. Fy-210 Ms. Sherry Thomas, City Clerk City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Dear Ms. Thomas: Enclosed for the city's permanent files is the original bound bid of Insituform-Texark, Inc. submitted April 9, 1992, for the above referenced project. Sincerely, WIN; Velvina Buzik VB:sc Enclosure - tirsibContinental Insurance,. KNOX ALL 111N BY THESE. PRESFNTS: That, I::SITUFORM 'IEXARK,.•INC. BID BOND II ...... of 17888••ldisn:t.Auanue,...CiteayerEield,.'�....., State of.biiasouri•..63005 hereinafter called the Principal. and ....EXREti'S INSURANCE .CO.'•II'ANY-.Or.i EWARR,- NEW dERStY hereinafter called the Surery, are held sod fumly bound unto .Clity c._Pave ttem i2.3e. Aricannau... of 113 WSJ, . Npyntain, . eyett-eleale -- , State of ..Ar'danuas .... . hereinafter called the Obligee, in ihe sura of Five _p,e,;•G.gr t. of .ktie .amount af..Llir bid .- - -----Y. - .. ...- ........ -. 1lollars; for the payment whereof to rhe Obligee the Principal bind Littl: ].t . ..... heirs, exeeuttxs, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly by these petunia. Signed, sealed and dated this 9th . day of Apr -i 1 , 1942 Ihcrres the Principal is herettth submitting the accompanying bid dated .Apxi.1...9.. ;992...... • tor. Sanitary Sewer. System. Rehabilita ion..and Reconstruction Minl,uy.stem.-2 •and..1SE/C,• .Contcac.t-.SecrJAn...II; Tayetteyille,. Arkansas;. Project .No... FY -210 . Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and torkmanship proposed to be furnished thereby, or as to any portion of the same, and i( the Prine:pal will, within the period specified therefnre, or, i1 no period be specified, within ten (10) days after notice of the arard of the contract, cater into contract with the Obligee, to furnish all soil and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required, for the faithful and proper fulfillment of such Contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, s ithin ren 001 days after such 11 notice of award of contract the difference in money between the amount of the bid of the Principal on the tock and n.atctial so accepted, and the amount for which the Obligee may contract with ethers for such work and material, it the laver amount be in excess of the former, bait in no event shall the Surety's liability d the penal sot hereof 1 1 1 1 &.d MAR rrn...MP5A In Inness thereof, this instrument has been executed by the duly authorited representatites rf the Piin- ripal and the Surety. IF;51.111£0'41..T :.XARK..:3C.. .... Principal . 11101:ybrt W. Affhole. ri • 2 Ill'- Presidont FIREZIL:.S.TISSWANCt:.k911 ANI.RF.NEWARK,.NIX. .1Fi�w1' 'Surety I. u�t ` -, c.« f•, �. nda Frcv ` Ano -net. et SY�xit Lr DLflU' I t. Pnnted m V S.A. • •'1 • Firemen's Insurance Company of Newark, New Jersey 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY • 4 Know all men by these Presents, Thal the FIREMEN'S INSURANCE COMPANY OF NE WARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda Frey of Little Rock, AR •Is true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars. T his Power of Attorney is granted and rs signed and sealed by facsimile under and by the authority of the following Resolutron adopted by the Board of Directors of the F IREMEN'S INSURANCE COMPANY OF NEWARK, NEW IERSE Yat a meeting duly called and held on the 211th day of 1 ebruary, 1975: "RESOLVED, that the Charman of the Boaid, the We Chairman of the Board, the President, an Executive Vxe Resident or a Senor Vice President ora Vice President of the Company. be, and that each many d themhereby is. authonredto execute Poem/sof Attorney qualifying the attorney named ,r theg.ven PowerdAnnmeytoexecute n behall d the F IRE ME N'S INSJRANCE COMPANY CII NEWARK, NEW R RSEY•bonds, undnakngs and all contexts of suretyship. and that an Assistant Vice President a Seafav or an Assistant Sec - wary be, and that each err any of them hereby as. authorized to attest the execution of any such Power of Attorney. and to attach thereto the seal of the Cowpony. FL1R1111 R RESOLVED, that the signanures of such oak en and the seal of tlw Company may be affixed to any such Power of ABoney or to any cMdlcate relating thereto by 'xsimnle, andatw such Power of Attorney orcertdrate bearing suchlaaimilesstWtreesorfaain desealshaf be valid and bonding upon theCompany when soaffixedand or :he Muir wah respect 10 any boon. undertaking or contract of surelyskp to whwts r n attached." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NI MERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vire Presidents this 1st day of May, 1985. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By Attest: Robert W Adler. Sr. Assistant Vie Resdem STATE OF NEW YORK COUNTY OF NEW YORK 1} Michael I. Beenaen, Vote President On this lsl day of May.1985. before me personally came Michael 1. Beemaert, to me known, who being by me duly sworn, did depose and sal That he is a Vice President of the F IREME V'S INSURANCE COMPANY OF NEWARK. NEW Jr RSEY. the corporation descr•bed m and which executed the above instrument, that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE ETHEL 1ARANTO NO.ARY PUBJC. State of New York No 24-4663117 Qual in Keep Carry Commission Expires Mardi 30. 1986 I, the undersigned. an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY or NEWARK. NI W JERSEY, a New Jersey corporation, EX/1 3EREBY CE R/11 Y that the foregoing and attacbed Power of Attorney remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 9th day of Apr _ 1 ,1992 21 BOND I11 SK Panted in U.S.A 1 • • 1 4 • SPECIFICATIONS AND CONTRACT DOCUMENTS SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEMS 2 AND 18B/C Contract Section II For the City of FAYETTEVILLE, ARKANSAS PROJECT NO. Fy-210 January 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas • 1192 bdeavedvein, tams and Yates CONTRACT BdNOING CO. • Certificate of Insuran- ce • 111S CI.II' FICATE IS ISSIIFL AS A VATTFP Cr NronvA:Y1N v • '. A',:. CCN -CPS hO n GAITS UPON 1C... :"E CEVTIF CME hC.DEF IH.S C -PI F CATE',S NIS AN 1.5 wn.:4C C"3,{(: DCES'i4 Alf V.1 EVES:A-TEIl'eh ":^•FHAar ArrCPCLDE• 1"E PLIC ES.15-ED BELCM MI* Is tb Griot that Insituform Tex -Ark, Inc. 17988 Edison Ave. Chesterfield, MO 63005 Name and Address of Insured LIBERTY MUTUAL is, al the date of this certdcate, insured by V -o Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions anc co-dttons and is not altered by any recu rement, term or co-dtion or any contract cr other document with respect to which this certificate may be Issued. TYPE OF POUCY WORKERS COMPENSATION GENERAL LIABILITY ,CLA MS MADE RETRO DATE • OCCLRPENCE :AUTOMOBILE LIABILITY DOWNED ix:NON-OWNED IL HIRED Znrn TOOITtFATCOLMCNTS 'CERTIFICATE EXP. DATE 1 • i -]CONTINUOUS •]FXrENDED •KPOLICv TERM • 3/31/93 POLICY NUMBER LIMIT OF LIABIUTY wC2-141-038304-232 3/31/93 7131-14:-038304-292 • Comprehensive Form - Blanket ECU Contractual Liability,Independent Contractors, Broad Form Comp. Llab. • 3/31/93 AS1-141-0383C4-242 COvE RAGE AFFORDED UNDER WC LAW OF THE FOLLOWNG STA -ES. AR,CO,:L,Tx,_A,Ks, MI ,MN,MO, MT, ME, OK, SD,LT'-,Tr-I,TX EMPLOYERS L IABIIRY Aad y iii,,rylyacadm $1,000,000 Bray Ir,,ry Ry die -ase S:,000,000 Boa y Ir,vy 6)' Dwase 51,000,000 6rwa1 Aggregate: 15'w mar Plod:•rs;arreled Cows:ono •$2,000,000 P.op,, isCompy;ed Ope,aa 's Apg'egate ;$1,000,000 Born Ira., and Popery Damage Llan ry $1,000,000 Personal and Adveraslrq E7v7 PM W7av I. 51,000,003 o'gandaaon mar $5,000 Medical Payments Each Aogderl•SnpleLnal -._. 6.1 and P D. Combined Each Acod rl Pc cy Llml Ead' P«for PM Oca.+Ma 715.1-7;;-1-50,000 Fire legal Liabilit 151,000,000 The City cf Fayetteville,AR (Owner) Additional Insured: McGnodwin, Williams and Yates, Inc. (Engr.) Project No, FY -210, Sanitary Sewer System Rehabilitation and Reconstruction, Minisystems 2 and 18 B/C Contract Section II, Fayetteville, Arkasnas Each Prior Each Aa4ert of Occarence • Each Accident a Occurrence • IF THE CERTIFICATE EXPIRATION DATE IS CONTINUOUS OR EXTENDED TERM, YOU WTI L BE NOTIFIED IF COVERAGE IS TERMINATED OR PEDUCED BEFORE THF CERTIFICATE EXPIRATION DATE. HOWEVER, YOU WILL NOT BE NOTIFIED ANNUALLY OF THE CONTI'UAT'ON OF COVERAGE SPECIAL NOTICE • OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER. SUBMITS AN APP,ICATION OR FEES A CLAIM CONTAW ING A FALSE OR DECEPTIVE STATE MF NT 'S GUILTY OF INSURANCE FRAUD NOTICE OF CANCELLATION. (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) rBEFORE THE STATED EXPIRAT ION DATE THE COMPANY WIL, NOT �r CANCEL OR 3O TIE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST _-, DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO. 1 City of Fayetteville CERTIFICATE I 113 West Mountain. HOLDER Fayetteville, AR 72703 Liberty !duival Insurance Group 10800 Financial Parkway Littje Rock, Arkansas 72211 A R E h TN 5/29/92 dlb St. Louis --DAMMED -"--cyrnei ---- ,.,1 G,• The. zeree m • aiocV.d by L BERT" M..IUN 't15U1U'.CE1•2 n PIPPO S,. -h `SW it n 45'3 a1'vlea „ Thu LOr'PA ,Ss • Wr::JCFR CERTIFICATE OF INSURANCE Alexander & Alexander of MO 120 South Central St. Louis, MO 63105 Insituform Texark, Inc. 17988 Edison Avenue Chesterfield, MO 63017 Extvet GES4 . ... 05/27/92 THIS CERTIFICATE IS SSUED AS A MATTER OF INFORMATION CNLY AND GON=ERS NO RISK'S UPCN THE CERTIF CATE HOLDER. THIS CERTIFICATE DOES NO- AMEND EX -ENC OR ALTER TME COVERAGE AFFORDED BY T••E POLICIES BELOW COMPANIES AFFORDING COVERAGE ":::-.!!_n A US Fire Insurance Company .:▪ _•.•14.,./ i • a Travelers Insurance Company C T•. S 1S TC CEP-IFY'aA- FC_ CIES CF:::; -RANCE - ST -J BE_=.v HA BEEN'SSCE: TC THC'NSI:PED NAVED ABOVE I:P'-E PCL C‘ °ERIC: NCC='FC '47117.h i-STAh^•'.fl Si•c cE]L,=: VF'. ' Z.•41:.-41%17 "L". - 4h- "Y ":.OT OR 0^4r;:CCL'4E% WITH - rL..T ': •'r.• C' 71' S :EP' ° CA-: •n B' 'S3'JCC CR MSc PEPT ' •E NSJ?:`.:7 :.'' `:%ED . P'(1LCIES JESCR BCD HFaE:%IS SI SJECT 'D ALL 7••E TERMS EXCLLSIC%S Aho CNG TIONS OF SUG,.. °O_ C'ES I 1 1GENERAI LIABILITY ' ALTOMCS.I E L'ABI. TY • 4. 1 CxC. SS L'ABILITl A % Umbrella Form 523632146 NCRKERS COMPENSA'ION AND EMP. OYERS' LIABI. TY O1HER B Installation Floater - Special .ESOR PT ON CF O'I-' ATO:A .COAT 0•.5 d F '47_E5 345J4988 • 1 N'HCJSANZS • 03/31/92 1 03/31/93 1 • 105/01/92 105/01/93 cE J.5 5'I `:.'I F %IS J _ . s I59,000,00(09,000,00i I 1 S _ c Per Occ. $1,000,000 Transit $ 250,000 Flood & EO 250,000 Additional INsured: The City of Fayetteville, AR (owner) and McGoodwin Williams and Yates, Inc. (engineers) As Respects: Sanitary Sewer Systems Rehabilitation and Reconstruction Minisystems 2 & 18 r,. The City of Fayetteville, AR 113 West Mountain Fayetteville, AR 72702 AGGRO 254 (11/e5) 'CANCELLATION SHCULD ANY OF DIE ABCVE CESCPIBED POLICIES BE CAYCF__ED BEFORE THE EX PIPA-ION DATE THEREOF 'HE ISSUING COMPANY WILL )4%XXXXXXXM MAI. 30 DAYS Y, RI"EN NOTICE TO THE CERT:F CATE HOI DEP NAMED TO 'HE L FF : 10UOCXIXXXX XY2X 11GXXXXXXXiiXXXX -rnYtn2 A., T HOP ZED PH•'PESENTALT a li.::SU.Y'uk'1..c.5 .JCKi:O BR/ACORD CORrORAT10N 11105 NO. • 24653 • , • CASUALTY INSURANCE BINDER , WITH PESPECT -0 GL COVERAGE, -H S POLICY PROVIDES 0 Cla ms Mace 0 Occurrence LI BER1Y MUTUAL IMsr P1 h CITY OF FAYETTEVILLE (OWNER) & ADDITIONAT INSHREn MrCOOfW'w, L'TT T TIS Asn VATFfr INC. (ENGR 113 WEST MOUNTAIN >PLtiti FAYETTEVILLE, AR 72703 Pending the issuance of the pol•cy or pont es of re type or types describe^below LIBERTYMJTUA. INSURANCE GROJP agrees toinsure the insured. but only for the coverages indicated. in accordance AIPI the p'OVISIOns of the policy or policies in current use by r1 The brut Of the Ccmpany s Liability or Amount Of Insurance aga nsl each such coverage shall he staled here n. subject to all the terms of the policy having reler- e-ice thereto. and no insurance is provided lor coverages lor which ro such limit or amount is slated Issuanceol the executed policy or policies vo ds this binder as o' the effective date o' such po icy Th s alnder nay be cancelled CO by the company by w'Illen notice to the nsured at the address shown above stat ng when thereafter such ca-cellanon shall be effect ve. or :21 by the nsured by ma I ng wncen noltce 10 the company staling when :hereafter such cancellation she I be el'ec:lve This binder shall be elfective on MAY 26, 1992 at 12:01 A. M an^ un'ess orevicusly cancelled, shall expire on -_.JULY 25,_..1992— al 1201 A M Sla^dard T me. a: the address al re insured P, 11MIC! ti•eol POLICY NUMBER ;TO SC ASSIG CD) TF TYPE OF POLICY LOC•TIOM Mu+l•EA OWNERS' & CONTRACTORS' PROTECTIVE LIABILITY LOCATIONS TO WHICH BINDER APPLIES PROJECT NO. FY -210, SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION, MINISYSTEMS 2 AND 18 B/C CONTRACT SECTION II, FAYETTEVILLE, AR LIMITS OF LIABILITY FOR WORKERS' COMPENSATION, EMPLOYERS' LIABILITY AND GENERAL LIABILITY : WORKERS COMPENSATION AND EMPLCYERS' L ABILI-Y RTA•Fs roiirOr PO.ic• SYMs7L SPECIAL PROVISIONS OR AMOUNTS OF INSURANCE FOR OTHER CASUALTY POLICIES ;;' , Ab . 'r COVE aA:.E 8 ElOD'.y 4 i, a av ACC MST s_ Lai" ACC .:: N' BOD1.Y ,..1.1w ev D SEISE $ BCD.. 4t'" By D5EASE —$ _ rA-,r rr PSGM IF INSITUFORM TEXARK, INC. 17988 EDISON AVE. CHESTERFIELD, MO 63043 LOCATION OF COVERED OPERATIONS LOCATION 1 AS STATED ABOVE 8 & PC LIMITS POI SVM } _Dc TF NO 1 DD DOLT f1.1 GEN L AGGPEGA-E P-ODU:: TS COMP Omer ba' Prod Carp Op 01.'5 AGGREGA-E L[MITS OF LIABI' AGGREGAI: BODILY I' EACI I CCCJRRENCE OTHER. IMITS FIRF LEGAL LIAR Pe' Fire .ITY: LIMIT - $2,0 0,000 "JURY & PROPERTY DAMAGE LIABIL x MEDICAL PAYMENTS ITY LIMIT - $2 000,000 PERS'ADV INJURY Por Person or Org. felrcachve Dale R as Oct red In the putty and is the sane as :he ellen:we date On ess otherwise slated Nylon RETROACTIVE DATE lo occui rerce hand. This b oder when CLAY courtelsigned is issued on Denali 01 LIBERTY MUT UAL INSURANCE GROUP. here n relerreC to as re Company as respects the indicated coverages ..oder forms cusloma• ly written in such Company Liberty Mutual Insurance Group Pr nisei .r. ICA L C -a 10800 Financial Parkway Little Rock, Arkansas 72211 ivi :FY E Mann! 1I, lull.IeMi Ilrpirk.nualnr SAI F S RIP MO SAILS Of FICF WINTER 442 POLICY SSLI'IG OFIICE NIM er PLR_ MISHAWAKA. NEW IYPfD BY DATE JAC 5/28/92 Liberty Mutual Insurance Group • • • • 1 a • • • SPECIFICATIONS AND CONTRACT DOCUMENTS SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEMS 2 AND 18B/C Contract Section II For the City of FAYETTEVILLE, ARKANSAS PROJECT NO. Fy-210 January 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 0 1992 McCoodwir., Williams and Yates • • • • • • • • • TABLE OF CONTENTS Section Advertisement for Bids 1 Instructions to Bidders 2 State Wage Determination 4 Bid 5 Contract 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract 8 Supplementary Conditions 8 TECHNICAL SPECIFICATIONS Division 1 General Requirements Project Requirements 100 Testing 120 Division 4 Pipe and Pipe Laying Insituform 440 Cleaning Sanitary Sewer Lines 442 Division 12 Payment Methods of Measurement and Payment 1200 • • • • • • • • • • 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, Fayetteville, Arkansas, until 2:00 p.m. on April 9, 1992, for furnishing all tools, materials and labor and performing the necessary work for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2 and Minisystem 18B/C, Contract Section II. At this time the bids received will be publicly opened and read aloud in City Hall, Room 111. The work generally consists of: Rehabilitation of approximately 6,000 linear feet of sanitary sewer lines by Insituform process, including all work required for a complete installation. Plans and specifications are on file and may be examined at the office of the City Engineer, 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 requests which are received through April 3, 1992, and upon the payment of 525.00 for specifications, 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 not be removed from the remainder of the Specifications and Contract Documents All bids shall be sealed and the envelopes addressed to the Purchasing Officer, City of Fayetteville, 113 West Mountain Street, Room 307, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2 and Minisystem 18B/C, Contract Section II, 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. 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 1-1 • • further reserves the right to withhold the awarding 01 the contract for a period not to 1 exceed 60 days after the receipt of bids. Dated this 24th day of March , 1992. 1 /s/ Peggy Bates Peggy Bates, Purchasing Officer 1 1 1 1 1 1 1 1 1 1 1 1 1 1-2 1 • • • • • • INSTRUCTIONS TO BIDDERS Instructions to Bidders 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions The term "Bidder means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term *Successful Bidder' means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bld 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 f Instructions .to Bidders • 1 6) How many years has your firm been engaged in the specified reconstruction method? 1 7) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 1 • 8) General character of work performed by your company. 9) Have you ever failed to complete any work awarded to you? 10) Have you ever defaulted on a contract? If so, where and why? 11) List at least ten (10) similar projects which have been in successful operation at least five (5) years. 12) List your major equipment available for this contract. 13) Experience in construction similar in size to this project, along with project owners and engineers. 14) Background and experience of the principal members of your organization, 1 including the officers. 15) Credit evadable: $ 1 16) Give bank reference: 17) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day of , 19 1 Name of Organization: By Title 1 State of County of ) 1 being duly sworn deposes and says that he (she) is the of Contractor(s), and that 1 1 1 1 1 2-2 1 • I Instructions lb Bidders 1 answers to the foregoing questions and all statements therein contained are true and i correct. Subscribed and sworn before me this day of , 1 19 I Notary Public My commission expires (Seal) 1 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 Icontract. 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) visit the site to become familiar with local conditions I 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 1 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 I 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. i4.2.2 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. I4.3 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 B 'dors • 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 passible 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 BEd. 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 far 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, 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 11 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 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 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 far which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. The envelope shall be clearly marked 'BID FOR CURED -IN-PLACE PIPELINE REHABILITATION." 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 ot. 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 2-6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • • • • • 1 lb be submitted at any time prior to the opening of Bids. Instructions to Bidders 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly. A tabulation of the amounts of the base Bids and major 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 paces. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time 2-7 Instructions 10 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 520,000 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. Minrmum 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. 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 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 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 ANU HEUULA i IUNs run M nt trvrUnn.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. 2-9 ea. crtcn ' i�CR�01 a I McGoodwin, Williams & Yates, Inc. • 909 Rolling Hills Drive Fayetteville, AR 72703 RE: Sanitary Sewer System Rehabilitation & Reconst. • Minisystem 2 - Phase i Fayetteville, Arkansas Dear Sirs: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 91-99 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. §S 22-9-301 to 22-9-313(1987) and the administrative • regulations promulgated thereunder. STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM LITTLE ROCK, ARKANSAS 72205 (501)684.450C . Fe: uY 011)684-45341992 J... Teiwi Iige• )YCt(Y ' 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.§§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers ' performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). Once the contract is awarded, please notify this office of the following: the name, mailing address and telephone number of the • general contractor; the date construction is to begin; the anticipated completion date; and the amount of the project bid. If you have any questions please feel free to contact me at (501) 682-4533 or through fax at (501) 682-4532. Sincerely, Ann Sanders Prevailing Wage Supervisor ienclosure 1 4-1 SI 'Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR ' PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: January 9, 1992 DETERMINATION ,y: 91-99 PROJECT: Sanitary Sewer System COUNTY: Washington Rehabilitation and Reconst. EXPIRATION DATE: 7-9-92 Minisystem 2 - Phase I Fayetteville, Arkansas I I I I I I I I I El I I CLASSIFICATION Bricklayers Carpenters Concrete Finishers Electricians Ironworkers: Structural Reinforcing Laborers: Air Tool Operator Asphalt Heater Operator Asphalt Raker Carpenter Helper Chain Saw Operator Checker Grade Concrete Finisher Helper Concrete Joint Sealer Concrete Saw Operator Flagger Formsetter Laborer Pipelayer Powdernan Vibratorman Painter Pile Driver Leadman Power Equipment Operators: Aggregate Spreader Operator Asphalt Plant Fireman Asphalt Plantdrier Operator Batch Plant Operator Bulldozer Operator: Finish Rough Bull Float Operator Concrete Curing Machine Operator Concrete Mixing Operator: Less than 5 sacks 5 sacks or more Backhoe-Rubbertired 1 yard Cherry Picker Operator Concrete Paver Operator Concrete Spreader Operator Crane, Derrick, Dragline, Backhoe Operators: 1-1/2 yards or less Over 1-1/2 yards Crusher Operator Distributor Operator or less Shovel, BASIC HOURLY RATE 7.20 7.20 7.20 8.75 6.30 5.45 5.15 5.15 5.85 5.15 5.15 5.45 5.15 5.15 5.15 4.25 5.45 4.25 5.45 6.40 5.15 6.20 6.20 5.80 4.85 4.85 5.80 6.90 5.65 5.65 5.65 5.15 6.20 6.10 6.10 6.70 6.70 6.70 7.20 5.65 5.65 FRINGE BENEFITS H 4-2 S •Page 2 of 2 ARKANSAS DEPARTMENT OF LABOR ' PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: January 9, 1992 DETERMINATION #: 91-99 PROJECT: Sanitary Sewer System COUNTY: Washington L Rehabilitation and Reconst. EXPIRATION DATE: 7-9-92 Minisystem 2 - Phase I Fayetteville, Arkansas ' 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 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 I Welders -receive rate prescribed for craft performing operation to which welding is incidental. CERTIFIED JULY 13, 1989 1 4-3 I BID I SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION ' MINISYSTEMS 2 AND 18B/C Contract Section II Fayetteville, Arkansas Project No. Fy-210 Dated January 1992 Board of Directors City of Fayetteville 113 West Mountain ' 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 I and such addenda are attached to the Bid. 1 ' 5-1 L 1 Li k L L I I I Li I I I L I I I I LI Ii 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. U 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 5. I I 1 1 1 I I 1 1 a a 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 Bid Bone in the amount of Five Percent of Ano:nt Bid ($ 5% of A'munt Bid I. The Bidder will complete the Work for the following unit prices: Item Estimated No. Quantity Description of Item and Unit or Lump Sum Price Bid 1. 235 Linear Feet, 12" Sewer Pipe Rehabilitation by Insituform process, complete in place Ninety -Five and no/100------------- dollars ( 95.00 )/L.F. ----------- --------------------- 2. 440 Linear Feet, 10" Sewer Pipe Rehabilitation by Insituform process, complete in place Fifty -Eight and no/100------------- dollars 1 58.00 )/L.F. 3. 5,300 Linear Feet, 8" Sewer Pipe Rehabilitation by Insituform process, complete in place Total Amount 22,325. CC 25,520.00 Forty -Six and 40/1CC----------------dollars( 46.40 )/L.F. 245,920.00 4. 222 Each, Sewer Service Reinstatement, internal, complete in place Two Hundred Seventy -Five and no/100-dollars(275,00 )/Each 61,050.00 ITotal Amount Bid .............................. . 1 5. I [I I 354,815.00 (continued) Unit quantities are not guaranteed. Final payment will be based on actual quantities as measured in accordance with Section 1200, "Methods of Measurement and Payment." Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. L 5-3 I a L,1 Li I The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that all Work will be complete within 120 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. 17 I Li I I I I [i J 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. Submitted this 9th day of April 19 92 Respectfully submitted, Ins .tuforrr. :'exark, Inc. (Firm Name) By /s/ Robert W. Affholder President Title 17988 Edison Avenue Chesterfield, Missouri 63005 (Business Address & Zip Code) IArkansas License No. 92-470 (Seal, if bid is by corporation.) State of Incorporation: Delaware Attest: /s/ Joann Smith Joann Smith, Asst. Secretary 11 I ' 5-4 ICQNIRACT State of Arkansas County of Washington ) j5j'/ THIS .AGREEMENT, made and entered into this I W day of '- 19 , by and between the City of Fayetteville, County of Washington, State of IArkansas, Party of the First Part, hereinafter called the Owner, and Insituform Texark, Inc. , of the City of Chesterfield, MO Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystems 2 and 18B/C, as set out in the Specifications and Contract Documents for Contract Section U. and approved by the Board of Directors of the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Specifications and Contract Documents, the Contractor is the lowest and best bidder for the rehabilitation and reconstruction of said sanitary sewer system; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Sanitary Sewer System Rehabilitation and Reconstruction, Contract Section II, including rehabilitation of approximately 6,000 linear feet of sanitary sewer lines by Insituform process, and all work required for a complete installation, which consists of all items as set out in the Bid, these Specifications and Project No. Fy-210, Contract Section II, dated January I 1992, for the unit prices bid in the Bid, all of which become and are a part of this contract, the total sum being Three Hundred Fifty -Four Thousand Eight Hundred Fifteen and no/100 dollars (S 354, s�.5.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, Land other drawings, and written or printed explanatory matter thereof. I 6-1 The Contractor agrees to commence work under this contract within ten days of the Issuance of the Notice to Proceed and complete all work within one hundred twenty (120) 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. IAs soon as is practicable after the first of each calendar month, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the Owner until ' final completion and acceptance by the Owner and Engineer. The Engineer shall then Issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, it 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 I would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled only to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. 1 6-2 lIn the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, 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. I In 6 h,. Asst. r tare nesses' if corporation, secretary should attest. CITY OF FAYETTEVILLE, ARKANSAS Attest: Th it t Fred Vorsanger, Mayor Sherry L. 1lomas, City Clerk 1 I I I 6-3 L Li I I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Insituform Texark, Inc. a(2) corporation hereinafter called "Principal" and (3) Firemen's Insurance Company of Newark,New Jersey of New York State of Now York , hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum Iof Three Hundred Fifty -Four Thcusand Eight Hundred Fifteen and no/100 354 815.00 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. S THE CONDITION OF THIS OBLIGATION is suct) that where , the Principal entered into a certain contract with Owner, dated the I if day of 19^, a copy of which is hereto attached and made a part I1 reof for the ' construction of: Sanitary Sewer System Rehabilitation and Reconstruction, Minisystems 2 and 18B/C, Contract Section II; Fayetteville, Arkansas; Project No. Fy-210. NOW THEREFORE, lithe Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full Iforce and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. I 7-1 I This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 1 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. I I I II P IN WITNESS WHEREOF, this instrument is exepu4ed in six (6) conterparts, each one of which shall be deemed as original, this the _! ,c i day of ` 19��. Attest: (Print alter .lnann Smith (Se Asst. Secretary IA ioc1 112 Witness as to Princi al IAttest: Li Li I I I I I (Surety) Secretary (Seal) I ii ii Witness as to Surety 1500 Riverfront Drive Little Rock, AR 72202 Address InsittrfoJn Texark, inc. ield, Missouri 63305 Address Firemen's Insurance Company of Newark, Surety ! New Jersey Byt4`- Attoriaey-in-Fact Linda Frey 1500 Riverfront ]Drive P. C. Box 3198 Little Rock, AR 72203 Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-2 I I PAYMENT BOND IKNOW ALL MEN BY THESE PRESENTS: That we (1) Insituforn Texark, Inc. a (2) corporaticn hereinafter called "Principal" and (3) Firerren's Insurance Company of Newark,New Jersey of New York , State of New York , 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 Fifty -Four Thousand Eight Hundred Fifteen and no/100 dollars ($_354,815.00 ) in lawful money of the United States, for the payment 'of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, -.the Principal ' entered into a certain contract with Owner, dated the r — day of 19_-, , a copy of which is hereto attached and made a part ftereof for the ' construction of: Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2 and 18 B/C, Contract Section II; Fayetteville, Arkansas; Project No. Fy-210. 1 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 1 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 I I I I I I L 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 execu#ed in six (6) nterparts, each one of which shall be deemed as original, this the (Cc- J` day of (A , 19_. - insi Smith By Secretary 1 t Witness as to Principal 1 Address Attest: (Surety) Secretary (Seal) Witness as to Surety 1500 Riverfron.t Drive Little Rock, AR 72202 Address Texark, Inc. Firemen s Insurance Company of Newark, Surety ,,i r New Jersey By ✓Y4 Atto ey-in-Fact LiAida Frey �50a RAverf5j t Drive Little Roc•c. KR 72203 r_TG INOTE: Date of bond must not be prior to date of contract. iL I L I (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor Is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-4 I -firemen's Insurance Company.of Newark, New Jersey 180 Maiden I ane, New York, New York 10038 GENERAL POWER OF ATTORNFY Know all men by these Presents, That the FIRE MI N'S INSURANCE. COMPANY of NLWARK, NI WI! RSFI has made• constituted and a;'pointed. and by these' presents does make, constitute and appoint Linda Frey of Little Rock, AR its true and lawful attorrey, for it and in its name. peace, and stead to execute on be'hail of the said Company, as surety. bonds. undenacings and cnnt'acts of suretyship lo be given to ' All Obligees provided that no bond or undertaking or contact of suretyship executed under this authority shall excetd in amount the sum ' Unlinited Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the aulhonly of the following Resolution adopted by the Board of Directors of the I IREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 201h day of I ebruary, 1975 "RLSOLVED, that the C axman of the Road the Vice Ouirman of the Board, the President, m fxecutive Vice f#esdent or a Senior Vice Prndew a a Vice President ndthe Company, be, "that each manyof them herebyis, auttiatzedtoexecute Powaso(AnomeypuliMngthearoowynmwd in rhegrven PowerolAnaney toexecule in behalf ofthe I IREMEN'S •NSI)RANCE COMPANY OF NF W'ARK, NEW IERSEY, bads. undenaings andal coneaus of wrMyship, and that an Assistant Vie President, a Seeaetaryoran Assntam Secretary be. and that each a any of them hereby is, Authorized to anon the execution of any such Pow.' of Attorney. and to attach Ihreto the seal of the Company E URTHER RI SOLVED, trial the sgnatures of such orrren and the seal ofthe Company may be af'oed loam such Poww of Attonry a to airy er'tdcate reiating thereto by Insimrk. and anysuch Pow.. of Anomeyai Mr'rrale beanngsuch facstntikugsaiuresortacwnieseal shallbevaldand bi dingupondteCompanywhen walfxed and nthe future wdh respect to m bond. widenalung m nntract of wreiyship to wFi1n d is attadied" In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JF RSEY has caused its official seal lobe hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of ds Assistant Vice Presidents this 1st day of May, 198S. IFIREMEN'S INSURANCE COMPANY OF NEWARK, NI W JERSEY Allest. Robert W Mler, St., Assntam Vice President ' STATE OF NEW YORK 1 r< ' COUNTY OF NEW YORK On This 1st day of May, 1985, before me personally came Michael J. Beernaert, tome known, who being by me duly sworn, did depose 'and say that he is a Vice President of the F IRI MEN'S INSURANCE COMPANY OF NEWARK, NEW JFRSEY, the corporation deccribed in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by orderof the Board of Directors of said corporation and that he signed his name thereto by like order By )? Y(^/ d Mi'fixi 1 Re'.m4 Vice President ja.� i/Cl ' " •uas'e';: ETHfL 1ARAVTO 'r :^ft' NOTARY PUBLIC. state of New York No 24.4661117QWI. in K County CERTIFICATE Commission Expires Maid., 19W. I. the undersigned, an Assistant Vie a President of the FIREMI N'S INSURANCE COMPANY OF NEWARK, NEW JI RSI Y, a New Jersey corporation, DO HEREBY CF RTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. 1 Signed and sealed at the City of New York, in the State of New York Dated the I �, day of . lam• , �( .19 -` t• lames M Keane, Aswiad Vie Presxknl 21 BOND 411 SK Ynnlrit tic A I I I I Ii Ti T! isdocnmunt has important legal consequences: consultation with an a:totrcy is e::ca ,.ra&t'd , nh respect to its com;etion or modifcation. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Issued and Published Jointly By 1 r �• • •� 1\pC FyC V .tu1C.7,3 . . o � ___� 1 I I I I I Ti I I PROFESSIONAL. ENGINEERS IN PRIVATE PRACTICE A pracitre di;'is ion of the NATIONAL. SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCI1. AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and ccderscd by The Associa(cd General -A a e- Contractors of America These General Conditions hase bee , prepared for uce «Ith the Owner -Contractor Arrcemcnts INo. 1910.8-A-i or 1914-8-A 1953 edillcnsl. Their prov,su:ns are in:clrcla:ed and a change in one may necessitate a change in the others. Corcmertsconceir ing thou usage are costa: ;eJ in Ihr. Commentary on Agreemcats for Engineering Services and Contras: Documents, No. 1910-9 ;951 e icon. For guidance in the preparation of Supptcmenuur ('oaditinns. sec Guide lo the preparai:on of Supple mentary Conditions (No. 1910.1%, !983 edrionl. When bidding is involved, the Standard Form of Instructions to Bidders No. 1910-12. 1983 edition) may he used. I No. 19:a N (19,91 Edi:ion, 83 National Society of Professional Engineers 29 K Street, N W. Washir.gton. D.C. 20006 American Corsulhing Eigincrs Council s Is;h S::eet, N.W., Washington, D.C 2u005 American Socie;} of Civil Engineers 45 East 47th Street, New Yurk, NY :0017 Cord l to ctlon SpeciF.ca7 ior% Inst: tute 601 Madison Si,. Alcsandita, VA 22314 I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article ' Number Title Page I DEFINITIONS ........................... 2 PRELIMINARY MATTERS ....................................... 8 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE ........................... ... 9 ' 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE• POINTS ............ 10 5 BONDS AND INSURANCE ................................ ....... I 6 CONTRAC'TOR'S RESPONSIBILITIES ............................ 14 7 OTIHER WORK ................................................... 18 8 O\\ N1:R'S RESPONS;BII.ITIF.S ...........4.. 9 ENG;NF.ER'S STATUS DURING CONSTRUCTION ........ ..... 19 I 10 CHANGES IN THW EWORK ........................................ 21 11 CHANGE Oi!CONTRACT PRICE ..................... 12 CHANGE OF CONTRACT TIME ......... 13 WARRANTY AND GUARANTEE: TESTS ANI) INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE \YORK ................... ' 14 PAYMENTS TO CONTRACTOR AND COMPLETION • 26 IS SUSPENSION OF WORK AND TERMINATION ................. 29 16 ARBITRATION.................................................... 31 17 MISCELLANEOUS ............... 1 U 3 1 INDEX TO GENERAL CONDITIONS Ar tirle or Paragraph Nra ,bet Acceptanceof ............... 5 13 . .. ....... Access to the Work .................................. 13.2 Addenda —definition of (see definition of Speci5cations)..................................... .. I Agreement--_defnnion of ................... 1 All Risk Insurance ................... ................. 5.6 Amendment, Wr..tten ....... 1, 3.1.1 Application for Payment—defini:ton 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 Avai:ability of Lands ............... ......... 4.1 Award. No:Ice ef—defined .............................. Before Starting Construction B:d-definition of ...... ........ .................... .. I Bonds and Insurance- in genera: ............ .......... 5 Bonds___i:cfin:uo:i 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 cf ...........................I ............ I Charge Orders —to be execu::: ... ... .............. 10.4 Changes in the Work .......Pa'm nt ................. 16 Claims, R'aiverof—on Final Ya�mcnt .. .. 14.16 Clarifica::ons and Interpretations .. .. 9 4 C:eaning............................................ 6.17 C'omple:ion ............. .... ... . 14 Completion. Subs:an:ial .................... .. 14.8-14.9 Conference, Precorstraction ......................... 2.8 Conflict, Error, Discrepancy —Contractor to Report ............................ .... .... 2.5, 3.3 Construction Machinery, Equipment, etc . ... ......... 6.4 Continuing Work .......... ........ ................. 6.29 Contract Documents—amendirg and supplementing..................................3 4.3.5 Contract Documents—dcfinition of ...................... I Contract Documents—Gaent ..................... 3 1-3.3 Ccntract Documents—Rei.se of ............... ....... 3 6 Contract Price. Change of ...........II .......... 4........ Contract Price —definition ............................... I Contract Time. Change of ......... ' Contract Time. Commencement of ........... ....... 2.3 Contract Timc—definitton of ... ... ... .... ... ... .. Contractor—defni:inn of ....... .. ... .... ... ... .. I Cortractor flay Stop Work or Fermtnate ........ .....5.5 Co::tractar's Coattnuiag hhhcau,,n . ... .... . .. ...:4.15 Contractor's Du:to Report Discrepancy in Documents ..... .... ... .... ... .... ... . 2.5. i.2 Contr c:cr', Fee—.CostPlus .. 11 4.5...;;.-1 s I..I 1 6.11.' Contractor s L,ahil:ls Insurance .....................S Contractor s Resronsibi Hies— in genera. .. 6 Contractor's Warranty ofTi:le 14.3 ......... .............. Corlraclors---Mhe.. 7 .................................... Contractual Liabili:y Insurance ... .................... 5 Coordinating Conti actor—delirition of ................ 7,4 Cocrdinat:on................................... .... . 7.4 Copies of Documents .................................. 2.2 Correction or Removal cf Defect:ve Work ........... 13.11 Correction Period. One Year 13.12 ........................ Correc:!nn. Removal or Acceptance of Defective Work—in general ........................... 13.11-13.14 Cost —net decrease .................11.6.2 Cost of Work I1.4-11.5 .................................... Costs, Supplemental . ............................. 11.4.5 Day —definition of ....................................... Defective —definition of ................ .............. Defective \York. Acceptance of ...................... . 13.13 Defective Work, Correction or Removal of 13 11 .......... De,rre to a Work—in general ............... 13, 14.7, 14.11 D,renme Work, Rejecting ............................. 9.6 Deriniiio'is I ............................................. Delivery of Bonds 2.1 ..................................... Dete:urination for Unit P: ices ... 9.10 . ... ............... Disputes. Decisions by Engineer .............. 9.11-9`12 Documents. Ccp:es of .......................... ' .6 Documents, Record 6.19 .. ......... ........ ............ Documents, Reuse ............. ...................... 1.6 Drawings —defin:ton of .. ........................... .I Easements ............................................ 4 Effective date of Agreement—defni:ion. of ............... Emergencies......................................... 6.22 Engtuner--detnit:on of..................................I Ergineer's Decisions ........ ................... 9.10-9.12 Engineer's—No:ice Work is Acceptable ....... ..... 14.13 Engineer's Recommencation of Payment ...... 14.4, 14.13 Engineer's Responsubili:,es. Limitation% on . .............................. . 6.6.9.11. 9.13-9.16 Engineer'. Status During Construction —in general ...... 9 Equipment. I .abor. Materials and ..................6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Exploratior.s of physical conditiens ................... 4.2 Fee. Contractor s —Costs Plus ...... ................. 11.6 Field Order —definition of ..... .... .............. Field Order —issued in Engineer ............ .... ... 3.5 I. 9.5 Final Appnca:ion for gasmen: ..... .............. .. 14.12 Final lnspeei:or..... .... ......... ................. I4 II Final Payment and Acceptance ........ ............ 14 13 F Hal Pa' men[. Recomncnca! on of ........... 14 11-14 14 General P rcrsuons .... .. .. ... ......... .... 17.3.17.4 Genera Reguircnieris definition of ... ................. I Genera; Re..ui-emetic—rrincip j references to .. .......... .. 2.6. 4.4. 6.4. 6.6-6.', 6.23 I C 4 I Giving Notice ......... .......... 17.1 .................... Guarantee of Work —by Con:racror ................... 15 I ' Indemnification .............................6.30•6.32............ . 7.5 Inspection. Final ......... 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 .... w ................... 5.4 Insurance, Owner's Liability ..• 5.5 Insurance, Property ............ .. 5.6-5.13 ................ Insurance —Waiver of Rights .................... ' Intent of Contract Documents .......... ..:" 3.3, 9.14 Interpretations and Clarifications ........... 9.4 Investigations of physical conditions ................... 4.2 I 11 I I I Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations--defini'ion of ..................... I Laws and Regulations —general .........,6 .14 Liability Insurance —Contractor's ..................... 5.3 Liability Insurance —Owner's ......................... 5.5 Liens —definitions cf................................ 4.2 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 ............. ................ 14.2 Materials orequip ment—equisalent ........... ...... 6.% Misccdaneous Provisions ............. ... 17 .... Multi -prime contracts Notice. Giving of'1 Notice of Acceptahair} of Prq'ect .. ................ 14.:3 Notice of Award—de5n:t.on of .................... Notice to Proceed --definition of ...... ... .............. Notice to Proceed —giving of ........ "Or -Equal" Items ........................ Other contractors .................... Otherw ork ............................................ Overtime Work—pronibition of ........................ 6.3 Owner—definilion of ..................I Owner May Correct Defecrire Work ................. 13.14 Ow ner May Stop Work .............................. 13.10 Owner May Suspend Work, Terminate .......... 15.1-:5.4 Owner's Dutyto Execute C harge Orders ............. 11.8 Owner's Liability Insurance .. ....... ... 5.5 ............. Owner's Represem:.rive—Eng-neer to serve as .. .. 9 1 Ow ncr's Responsihnities—ui goner d .... .... .. 8 ... ... Ow rer's Separate Rerrescr.rat,sc at site ..... 9 3 Parli,d L'tilva::on . ..... 14J:; Partial Cti iznhor.—dehiuuon at ...... ... Partul L:.lization— Property lnsurance ........... s Ic Patent Fees .ird Royalties ...... • 5.l_ ' Payments. Recommerdation of ... ..4.414 714.13 Payrents:o Contractor —n generai .......' .. . 14 Payments to Contractor —when due ........... 14.4. 14.13 Payments to Contractor—wrlhhoiding ................ 14.7 Performance and other Bends ..................... 5.1-5.2 Permits...............................................6.13 Phvs:ca: Conditions ...................................4.2 Physical Conditions —Engineer's review ............. 4.2.4 Physical Conditions—exiseing structures ............. 4 2,2 Physical Conditions —explorations and reports ......, 4.2.1 Physical Connitions—possible document change . ... 4.2.5 Phys:cai Conditions —price and lime ad;ustmenis .... 4.25 Physical Conditions —report of diffecng ............. Physical Conditions —Underground Facili::ec .......... 4.2.3 4.3 Preconstruction Conference ............. ...........• Preliminary Matters 2 8 ............ Premises, Use of ................................ Price, Change of Contract 6.16-6.18 ........... Price -Contract —definition of ............................ Progress Payment. Applications for ...................14.2 1 Progress Paymect—reta:nage ......................... 14 2 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Project --definition of .................................. Project Representation—provrsion for ............. 9.3 Project Representative, Resident—defniuo-I of ... 1 .......... Project. Starting tie ........................ 2.4 ....... Property Insurance ................................,6-5.13 Property Insurance—Pantal Uti.'rzalioo ............... 5.15 Property Insurance —Receipt and Application of Proceeds ............ ..... ................. 5.12-5 13 Protection, Safety and ........................ 6.20-6.21 .. Punchlist .4............................ .......... 14.11 Recommencat:on of Payment .. ............... 14.4, I4.3 Record Documents ......... ................... 6.19 Reference Point,......................................4 ... .. 4 Regulations, Laws and .................. 6.14 ...... Re;ecting Defective Work ..............' .... 9.6 ............. Related Work at Site ... ............. ............ 7,1-7.3 Remedies Not Exclusive '7A Rer'os aI or Correction of Deferiii a Work ..... . ..... 13.1 1 Resident Project Represerlat:ve—dcfinaion of .... I Residc:ir Project Represcntall%e—provision for ........ ...... 9.3 Responsrh.lities, Contractor's —in general ........ 6 Responsibilities, Engineer's —in general ........ .. Res: oasibil.ries. O'r.en's—ir. general ..................8 Re:ainage .... .................................. Reuse of Documents ... 14.2 ............ Rights of W'a% ............. ..... 3.5 Royalties, Patent Fees and ............ 1 ...... 6.12 Safety and Protect or ......... ..... 5.20 6.21 Samples .................. .. 6.'_3-!, 2Y Se hcdule .:f pi Here 5s .... , 2.6. '8-29.666 N 15.2 h Sci ci ule of Snot 1):aw mg sui missions . ... 2 h. 2.4.2 9, h.2i, X4.1 Schcdi.lc of i.di.c` 2.6. 2.t-2 9, 14 1 .... ... Scocdalcs. Fi�ahnng ...........................2.9 Shcp :)swings and Samp cs .... .... . . ... ... 6h _g SI op Drawings—dc'imt on of .. ... Show Draw mg,, use to apprme snbstrtu:ions ........ ....... 6.7 5 I ISide, Visits to—hy Engineer ............. ... ......... 9.2 Specifications-...-iefiniticn of ........ .................... I ' Starting Constructor.. Before ............... ...... 2.5-2.8 Starling the Project .................................... 2.4 Stopping Work —by Contractor ...................... I5.5 Stopping Work —by Owner ......................... 13.10 ' Subcontractor—dcfinition of ............................. I Subcontractors —in general ........4 .............. 6.8-6 11 Subcontracts—regaircd provisions ............ 5.11.1.6 11 11.4 3 ' Substantial Completion —certification of .......14.8 Substantial Completion—defnit:on of ....................I Substitute or "Or -Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs ................................. Supplementary Conditions—denitton of ................ I Supplementary Conditions —principal ' references to .. 2.2.4 2, 5.1, 5.3, 5.6-5.8, 6 3, 6.13.6.23, 7.4, 9.3 Supplementing Contract Documents .......... . ... 3.4-3.5 Supplier —definition of...................................I Supp:ier—principal references to ... 3.6. 6.5. 6.? -6.9. 6.20, 6.24, 9.13.9'6 ..:1.8. 13.4, 14.12 Surety —consent to payment ......... ........ 14.12.:4.14 Surety—F.ngmeerhasno duly to ............... '......9.13 Surety —notice to .......... ............... 10.1, 10.5, :5.2 Surety —qualification of ......................... 51-5.2 Suspending W ork. 5y Owner .............. ... ...15.1 Suspension of Work a -td Termination —.n gercral ....... 15 Superintendent —Contractor's ................. ....... 6.2 Supervision and Supe: trtendence . ... ............ 6.1-6 2 Tares —Payment by C-ortracto ........................ 6.15 Te,rcinaticn—by Contractor ........ ................ 15.5 Tannins:ion—hy Owner ............. ........... 15.2-15.4 Termination. Suspension of Wcik and —in general ...... 15 ' Tests and Inspections ...........................13.3-13.7 Time, Change of Contract .............................1' I U I I I Tine. Computation of ....... ... ... ................ 1'..2 Time, Contract—cefinition cf ................ .... ...... 1 Uncove-ing W'orc . ........ ... ............ ... 13.8-13 9 Underground Facilities --definition of ............ ....... Underground Faahtes—not shown or indicated .....4.3.2 Underground Facilities—pro:ecti.+n of ........... 4.3. 6.20 Underground Facihlies—shown or .ndicaled ........ 4.3.1 Unit -Price Work —definition of I ... ...................... Uni: Price Work—gencral .... ............ 11.9. P.I. 14.5 UnitPrices ........................... 11.3.1 ............. Unit Prices, Determinations 10 ........................ 9.10 Use of Premises ..................... ........... 6.16-6.18 Utility owners .......................... 6.13.6.20. 7.2.7.3 Values, Schedule of ......................... 2.9. 14.: 2.6, Variations in Wonc—Authorized ............ 6.25. 6.27, 9.5 Visits to Sue —by Engineer ............................ 9 2 Waiver of Claims— on Firal Payment ................ 14.16 Waiver of Rights by insures parties ............ 5 10.6.11 Warranty and Guarantee --by Con:ractor ...... ... .. 13.1 Warranty of Title. Contractor's ....................... 14,3 Work. Access to ............ ................ 13.2 .... Work—ny other% .................... .................. .. 7 Work Ccntinu:ng During D.cputes ................ ... 6.29 Work. Cost of ......... .... ................ ... 11.4.11.5 Work —definition cf .................................... Work D:rective Charge— dettmtion of ..................I Work Directive Change—pnncip al references to ............................341 10 1-:0.2 Work. Neglected by Contractor ........... ......... 13.14 Work, Slopping by Ccn:ractor ... ... ............... 15.5 Work, Slopping by 0l ner .... ................ . 15.1.15.4 Written Amendment—delinition of ..4.... 1 .............. Wrinen Amendment— principal refe:ences to ..................... 3 4.1, 10.1. 11_2, 12.1 I I J •c f 1 I El I] L I fI [l I I I I GENERAL- CONDITIONS ARTICLE I —DEFINITIONS Wherever used in these Gene -at Condition%or in the other Contract Documents the following terms have the meanirgs indicated which are applicable to hoth the singular and put -al thereof: Addenda —Written or graphic instniments 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 trade a part thereof as provided therein. Application for Payment —The form accepted by ENGI- NEER which is lobe used by CONTRACTOR in reeuest:ng progress or final pay menus and which is to include such sup- porting documentation as is required by the Contract Documents. Bid —The offer or proposal of the bidder suhmi::ed on the prescnhed form setting forth the prices for :he Work to he performed. B.nids—Bid. performance and payment hoedand other instruments of security. Change Order —A docutrent recommended by ENGIN EER. which is signed by CONTRACTOR and OWNER and autho- nzes an addition. de!e:icn or revision in the Work, or an adjustment in the Contract Price cr :ne Contractlime, issued on or after the Effective Date of the Agreerent. Contract Documents —The Agreement. Addenda (which per- tain to the Contract Documents), CONIRACTOR's Bid (inc:uding documentation accompany rig :he Rid and an post - Bid documentation submitted prior io the Notice of Award) when attached as an exhibit :o :he Agreement, the Bonds. these General Conditions, the SLpplemeniary Cond;uans, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments, modifications and supplements issued pursLant to paragraphs 3.4 and 3.5 on or after the Effective Date or the Agreement. Contract Prier—TIc moneys pay ah;e by OWNER to CON- TRACTOR under the Contract Documen:, a eta:cd in the Ag.cemeri Isubtect to the pro% moos et paragraph 11.9.1 in :he case of Uni: Prce Workt. CUatn`ci Tillie—II'e nl,m:el old.i%%'colon-'Ltcd.is piei%'Ided in raragraph I%.J or the d..le 'rated in :he •lgaeerrent for :l•e completion of tie Work. CONTRACTOR —The ner'on..`,rm or co-po-ation '.ith whom OW NLR has en:ercd into the .Xgeemeni. defective_An adjectiv e w hich a hen modSving the wore Work refers to Work :hat is unsatisfactory faWty or deficient, or does not conform to the Contract Documents, or does not tree: the requirements of any inspection. reference standard, test or approval referred to in :he Contract Documents, or has been damaged prior to ENGINEERrecerrmendation of f na! payment (unless responsihi.ity for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings —The drawings which show the character and scope of the Work to he performee and which have been prepared or approved by ENGINEER and arc referred to in the Con- tract Documents. Effective Date of fire Agreement —The date indlcaled in the Agreement on which it becomes effects%e. but if no such date is indicated it means the date on which the Agreement is signed and delivered by life last of the two parties :o sign and de:tver. ENGINEER —The person, firm or corporation named as such in the Agreement. Field Order_A wniten order issLcd by E•NG:NFt:R which orders minor changes in the Work in accordance with para- graph 9.5 but which does not mvoh e a change in the Ccn:ract Price or the Contn.ct Time. General Requirements —Sections of Division I of the Speci- fications. Lana and Regulations, Lai,•s or Reeidiriont—Laws, rules, regulations, ordinances, codes and or orders. Ni ice of Award --The written notice by OWNER to the apparent successful bidder stating that .ipon compliance by the apparent successful bideer with the cords:ions prececent enumerated therein. within the ime speci'ied, OWNER w:If sign and deliver the Agreement. Notice to Proceed —A written notice giver by OWNER to CON TRACTOR (with a copy to ENGINEER) fix ng the date on which the Con:racy Time wi:l comme1lce to run and on which CONTRACTOR shall start to perform CONTRAC. TOR'S obligations under the Contract Documents. O14',\'ER—The pubic body or authority. corporation. asso- ciat:oh, finm or person w ith w ho -n CON[ RAC OR has entered into the Agreement and for "horn the Work is to he pro' tied. P:.n:al Cnlitattoo—Placing a porlion .%I the W'V1% n %cr% ice for the pur-u'c for ".pith it Is .ntcnde(i for a related purpose i before re:.chirg Substantial Completion:cr all :he W o•k. Pr, pert —The total co.'lrut- I on of which the W of k lc he r" uded under t'le Contract Document'. -nay he the whole. or a tart as indlcaled else' here in the Contract Documents. Resident /'rniect Repre v'Ii tam ii! —The ii u:h prized repre sen- :atl%e of ENGINEER who is assigned to the 'rte or any part thereof. I a. I I I I I I I I I I 1 [1 I I I 11 Shop Drawings —All drawings, diagrams, illustrations. schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules. perfor- mance charts, instructions, diagrams and other Information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of material. equipment, construction systems. standards and workman- ship as applied to the Work and certain administrative detai:s applicable thereto. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other SLb- contractor for the performance of a part of the Work al the site. Substantial Completion—Thc Work (or a specified part thereon has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER's definittse ce:tifcate of Substantial Complet:on. it is sufficiently complete, in accordance with the Contract Documents. so that :he Wo:k (or specified part) can be utilized for the purposes for which it is intended: or if there be no such ce:tthca:e issued, when final payment is die in accordance with paragraph W.13. The terms "subs:ant.a;ly complete" and "sah,taaual'y cerr.- pleted" as applied to any Work refer to Suhstantia; Comple- Son thereof. Supplementary Conditions —The rart of the Contract Docu- iments which amends or supp:ements :hove General Condi- 'dons. Supplier —A manafacturer, fabr:cator, suppler. distributor materialman or vendor. Underground Facilities —All pipelvies. conduits, ducts, cab:es, wires. manholes. vaults, tanks. t uane s or other such fan:ores or attachments, and any encasements containing such facil- ities which have beer. installed underground to furnish any of the following services or materials: e.ectricity, gases. steam, liquid petroleum products. telephone or other commutt.ca - tions. cable television, sewage and drainage remos al. traffic or other control systems or water. ordering an addition, deletion or revision in the Wo;k. or res�onaing:o differng or unforeseen physical conditions under which the Work is to be performed as provided .n paragraph 4.2 or 4.3 or to emergencies under paragraph 6 22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently •clued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and norma:ly deal- ing with the nonengineering or nontechnical rather than stric::y Work -related aspects of the Contract Documents. (Additions; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bondi: 2.1. When CONTRACTOR delivers the exectted Agree- ments to OWNER. CONTRACTOR shall also deliver :o OWNER such Bonds as CONTRACTOR maybe required :o furnish in accordance with paragraph 5 I. Copies of Documents: 2 2. OWNER shall furnish to CONTRACTOR up :a ten copies (urless otherwise specif ed in the Suprlcmentary Con- ditio,$) of the Contract Documer.ls as a:e reasonably nec- essary for :tie execution of the Wo:k. Additiona. copies will he furnished, upon request, at the cost of reproduc::on. (Additior; SC -2.2; Commencement of Contract Time; .x'otice to Proceed: 2.3. The Contract T.me will commence to run on the th;r:ie:h day after the Effcctis e Date of the Agreemen:. or. if a Notice to Proceed is given, on the day md.ca:ed it.. the Nonce to Pi occed. A Notice to Proceed maybe given at any time wnhra :hutdays after the Effective Dave of:he Agree- ment. In no evert will :he Contract Time commence :o run later than the seventy-lif:h day after the day of hid opening orthe thiitie:h day after the Infective Date of the Agreement. whichever date is earlier. Unit Price Work —Work to he paid for on the basis of an.t prices. .Stoning sire Project: Work —The entire completed construction or the varrons sep- arately :dent.fiah a parts thereol rcgatred to be Inrnishea under the Contract Documents. W',ak is the resul: of per- fo:mmg services, fu-nl hirg a-.ur and lunuslune and mco-- pora:mg ntatcna s and euutrmelt ,nw ncc :ans::uc: or a.l as rcgaued by :he Contract Documents. I1'orb Drrrr:iee O-ance—A scrnten d rective to CON I R.\C TOR. issue on oralter the I:rstne Date of the Agreement and signed by OW NPR and rccrmniendcd by EN(IINFFR, 2.4. CONTR.SC. OR stall .tart to pNiInnn the Work en the dtte'c en :hc Conic:.ct tine cummcncc% to run, but no syer¼ .'tall be aorc at the ,:re prior to :1-c date cn wh ci the Ccntr„c::' me ccmnterccs to run. 8,/are Starn'ig Corntrurrian. 25. Before :. n,:er t:: king each rat: sit :tic Work. CON- TRACTOR shall La-clul v study and comrare the Cor!ract Documents and check and %only pern ien: hpr:es shown I 11 I I .3 Ti I I I I I I I I I thereon and all applicable field measurements. CONTRAC- TOR shal! prompCy report in wri::ng to ENG:NFER any conflict, error or d:screpancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however, CONTRACTOR shat not be ha- ble to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Decu-nerls, unless CONTRACTOR had actual knowledge thereof cr should reasonably have known thereof. 2.6. Within len days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the venous stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing sub- missions; and 2.6.3. a preliminary schedule of values for all of :nc Work which will include quantities any prices of items aggregating to Contract Price and will subdivide the Work into component parts in sufficient detail to se-ve as the basis for progress payments dar..ng constrl.ction. Such prices will include an apr.icpnate amoi.nt of overheaa and profit applicable to each item of Wo-k which w d: be con- firmed in writing by CON] RACTOR at the time of sub- miss:on. 2.7. Before any Work at the site is started. CON I'RAC- TOR shall deliver to OWNER, with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACI OR :s requaed to purchase and maintain in accordance with paragrarlis 1.3 any 54. rfr� friv�PAf/tri�Pr�'�rn�r/n�^ wf/l s)4 $/is/reAyfl3fmci e/mM•n7tfA/� a1f99fSf!'1°Arl+/kb/75Nfl/`%i' (SC -2.7) Preconstrucrion Conference: 2.8. Within twenty days after the 17ffective Date of the Agreement, but before CONTRACTOR starts the Work at :he site, a conference attended by CONTRAC I OR. ENGI- NEER and others as appropriate wilt be het:. to ..rsca.ss the schedules referred to in paragr ape 2.6, to discuss r mccdures for handling Shop Drawings and other submittals ;n.: fo- processing Applications for Pay men:, an to rstahhh a ss urkne understanding among :he panics as In :ac Wtuk Finalizing Schedules: '_9. AtIcast:crJaysbefore v.bnn.runofthe fist Arpin caliot for Payment a conference attendee by CON IRA( -- TOR, ENGINEER an,: others as appropriate wall 'c Feld to f,nalizc rite schedules submit:cd in accordance with para- graph 2.6. The finalized progress schedule wd. he acceptable to ENGINEER as providing an orderly progression of the Work to comp.c:.on within the Contract Time. bit such acceptance will teither impose on ENGINEER responsibility for the progress or scheduling of the Work nor re ieve CON- TRACTOR from full responsibility therefor The fnah7ed schedule of Shop Drawing submissions w ill be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of' aloes will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Intent. - 3.1. The Contract Documents:omnnse the entire agree- ment between OWN ER and CONTRACTOR concerning the WCrK. The Contract. Documents are complementarv: wha: is called for by one is as binding as if called for by a I. The Contract Documents will be construed in accordance with the law of the place of :he Project. 3.2. It is the intent of the Contract Documents to dc,crihe a functionally complete Project (or part thereof to be con- structec in accordance with the Contract Docuients. Any Work. material, or equi-ment that may reasonably be inferred from the Contract Doci.meris as being required :c produce the intended -esu:1 will be suppled w hetheror no: ,aecilical.y called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words,^.all be mtcr. rc:ed in accordance w ith that meaning. Reference to standard spcc:ftcations, manuals orcodes ofany technical society, organization orassoc auor., or to the Laws or Regt.lations of any governmental at.thoii:y. whether such reference be spec:fic or by implication. shalt mean the latest standard speciricauon. manual, code or Laws or Regulations :n effect at the time of ripening of Bids lot, on the Effective Dare of the Agreement if :here were no Bids). except as may he Otherwise specifca.ly stated. However. no provision of any referenced standard specification. manual or code (w hether or not specificafy incorporated hy reference in the Cor.iract Doct.merts) shat he effectise to change the do: es and responsr'trhues of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or emp.ov- ees from those sea forth in tae Contract Documents. nor 'hail it re clfcc:ise to assign to ENGINEER. or any of ENGI- NEER's constltants. azen:s or errplc)ces, t.ny dun or aulhonn to s,ipers se ord r.ci :'le 'JimYirrc or perfo'mi.nte of the Work or an•, duly c: an: bon ty to aridei lake ;cspnnsi- bd is con:r,.ry to the pros isums Lit pea icrar h 4.15 or ') 16. ('tat li.aiions and inter prerjams :l the Con;r..et Documents stall be issued hy EN (,IN El a, pros ided m p ..ractaph 9... "+.?. If. du: me the performance at ahc Work. CONTRAC- TOR rind, a ct.n•h.t. error or d:screp,.nty in the C.m:ract Doccmeris CON IR.SCI'f)R.hl.sorcp,irttoENGINI.FR in w riling at once ,.nd helore proceed.ng s, iih the Work atlected Iherehy snail obtain a written interpretanan or clarification L I I I I I I I I I 7 I I I I I I from ENGINEER: however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to repor. any conflict, error or discrcoancy in :he Contract Documents unless CONTRACTOR had actual kr.ow ledge thereof or should reasonab:y 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 Directise Charge (pursuant to para- graph 10.1). As indicated in paragraphs 1I 2 and :2.1. Contract Price and Contract Time may only be changed by a Change Order cr a Written Amendment. 3.5. In addition, the requirements of the Contract Docu- ments may be supplemented, an. minor variations and des ia- tions in the Work may be au:hotrzed. in one or more of the following nays: 3.5.1. a Field Order (, urs.i:.nt to paragraph 9 5). 3.5.2. ENGINEER'S approval of a Shop :)cawing or sample (pursuant to paragraphs 6 26 and 6 2'), or 3.5.3. ENGINI:IER's %noon irlerpretaiion or clarifi- cation (pursuant to parag-apa 9.4). Reuse of Documents. 3.6. Neither CONTRACTOR nor any Subcontractor or St.pplier or other person or organ,za:.on ,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 h) or bearing the seal of ENGINEER: and they shat: rot reuse any of them on extensions of the Project or any other project wilhout wiitten consent of OWNER and ENGINEER and specifc written verification or adaptation b) ENGINEER. ARTICLE 4—AVAIL.%I;ILIFY f)F LANDS: 1'Hl SI('AL CONDITIONS: RI] I:R;-N(e PO:Nis Atailubdrty cj !.ands: 4.1. OWNER sha.l fuinish. as indicated in the Contract Doci.merts, the .ants upon which the Wink is to 6e per- formed. rights-of-wa) and easements for access thereto. and such other lands wh:ch are iesigua:ed for the use of CON- TRACTOR. Easemen:s for permanent structures or perma- ner.t changes in existing facilities will he oh:aiaed and pa d for b) OWNER, unless othensise provdeu in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. nghts-cf-way or case- 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 add.tional lards and access thereto tha: may be required for temporary construction facili::es or c:crage of n'. tcrials c.nd equipment. Physical Conditions: 4.2.1. Explaratirns and Reports: Reference is made to the Supplementary Conditions tor identifcat.on of those reports of explorations an tests of subsurface contitions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of :he techrical data contained in such reports, but plot upon nontechnical data. inte-prela- tiens or ep:nions contained thercir. or for the comoleteness thereof for CONTRACTOR's purposes- Except as indi- cated in the immediately precedirg sentence and in para- graph 4.2.6. CONTRACI OR shat: have full : esporsibili:y with respect to sabsunace conditions at :•ie site. (Addition; SC -4.2.1) 4.2.2. Fatstinq .Stnrrlures: Reference :s made to the Supplementary Conditions for identification of those drawings of physaca: conditions in cr :elating to existing surface and subsurface strictures iexcept Underground Facile:ids referred :o in paragraph 43) which are at or contiguous to the site that have been utr:lied by ENGI- NEER in preparation of :he Contract ❑ocuments. CON- TRACTOR may rely upon the accuracy of the iechn-cai data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence ant. in paragraph 4.2.6. CONTRACTOR shall have fu;1 respon- sibility with respect :o physical conditions in or relating to such structures. 4.2.3. Report ojDi„rerir•g Conditions. If CONTRAC- TOR helieses that: 4.2.3.1. any Iechn ca: drier on which CONTRAC- TOR ;s ent:ilcd to rely a.c prov:dcd it paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4 - z.-'- any psiy sical con,:.:u'n .inco%ci ed nr revealed a: the sne d (fen materialh iron :hat end - cattd, rcllected or refc•red :; in the Co-mact Docu- ments. CON IRACT0)R sFa I. p:oprpiiy after .`ccomrg aware thereof and hcicre pci ormin ar.v WorK in connecuor. Iherewuh'except in Jr. emereency as perm:tled In p,ua- gramh . 2). notify OWNER and ENGINEER in wrnmg ahcu: the iraccuiacy or difference. I L1 I! I I I I I I I I I I r I [1 4.2.4. ENGINEER's Review: ENGINEER will promptly review :be pertinen: concitions. determine the necessity of chtaining addittnna. explorations or tests with respect thereto and advse OWNER in writing (w ith a copy to CONTRACTOR) of ENGINEER'% Endings 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 d:sco%ered 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. Pos.sihle Price and Time Adjustments. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof, will be allowable to the extent that they are attrbutaale to ary such inaccuracy or differerce If OWNER and CONTRACTOR are unable to agree as to the amount or!ength thereof. a claim maybe mace thet efor as provides in Art:c.es II and :2. Physical Conditions —Underground Facilities: 4.3.1. .Slron•n or Itrdieated: The information and cata shown or indica:eJ in the Contract Documerh wish is pect to existing Undergrouna Fac.li:ics at or contiguous to the site is based nit information and U-4ata furnished toOW\ER or ENGINEER by the ow ners of such Urdergrouid dergr ou nd Facia ities or by others. Unless it is ovierwise expressly pro- vided in the Supp.emen:ary Conditions: 4.3.1.1. OWNER and ENGINEER shall not re responsible for the accuracy or comp!c:eness of any such information or data: arid, 4.3.1.2. CONTRACTOR shat: have ful! responsi- bility for reviewing and the:king all %uc1 irfo.-rratwn and data. ter locating all Undergrounc Facilities shown or indicated in the Contract Documents. for coord na- tion of the Work with the owners of such Underground Facilities during cons:ruction. for the safety ant rio- tection thereof as provided :n paragraph 6.20 and repairing any damage thereto recul:.ng from the Rork, the cost of all of which will be considcrcd as having been included in the Contract Price. 4.3.2. Not Shrtn or Ind:cared If an Crdcrgrund Facility is uncovered or revealed at or conuhucus to the site which was rot shown :r icdicatc. in the (bntr,:ct Documents anc u Bich CON I A'%(41't )R .oat' not reasor- abl% has e beer. evrec:e.: to Ire aware of. CONI R 4C 1 s )R shall, promptly a9er 1•ec ornre aware thereof and bi lo:e perlormmg ary WerK aff.cted thereh% texcept it ar enier- gercv as permitted Iwy p:u:.g: aph 6 22). ideruft the uw net of such Underground Facil:t and g:%e wnucn roucc thereof to that owner and to Oy\ NER ..ns 1_NGl\EER. LN(,I NEER wi I piompily review the Cndcrp-ound Facility to determine the extend. to which :he Conuac: Documents should be modified to reflect and document the conse- quences of the existence of the Underground Fcc•Iny. and the Contract Documents w dI be amended or supplemented to the extend necessary. During such :.Ire. CONTRAC- TOR shall be respons.hle for the safety and protection of such Underground Facility as pros ided in paragraph 6.20. CONTRACTOR shat: he allowed ar, increase :n she Con- tract Price or an extension of the Contract Tame, 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 panics are unable do agree as :o the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Art'c:es II and 12. Reference Points: 4.4. OWNER shall provide engireerine surveys to esrah- lrsh reference points for construction which in ENGINEER's judgment are necessary :o enable CONTRACTOR to proceed w.th :he Work. CONTRACTOR shalt he responsible for .av- ing out the Work sunless otnerwise specified is the General Requirements), shall protect and preserve the estah.ished reference points and shall :Hake no changes or relocatiors without the prior written approval of O\\ NER CONTRAC- TOR shall :eport :o ENGINEER whenever any reference point is lost or destroyed or requires relocation `ecause of necessary changes in grades or Iccatwns. and shall be respon- sible for the accurate replacement or relocation of SLcit ref- erence points by professiona.ly gaahfed personne:. ARTICLE 5 —BONDS AND INSURANCE. Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- mcnt Bonds, each in an amount at leas: equal to the Contract Price as secun:y for the fai:hful performance and pay rrent of all CONTRACTOR's opligatton% under the Contract Docu- ments. These Bonds shad remain in effect at least until one year after the date when final paynen: becomes due, except as otherwise provided by Law or Regu.atior. or by the Con- tract Docamenh. CONTRACTOR shat, also furnish such other Bans as are required by the Surp.emeraary Ccndi- lions. A.l Bon.:s shal: he in the forms rrc%cri'•ed by l_aw or RegLlauon or by the Contract Documents and he executed b) such sureties as are named in the current list of "Com- panies HcL in Ccruf cafes of Au:'io•i:y .n Acceptah,c S.ite- tics o9 f -e erLl Bord% and is Acccrtarle .4ei1'L r•Ic Corti- p:mIcs" as pt. hl.%hod in Cacu ar s70 literated) hs the And it S:alf Bureau of Acciiiant%. U.S. rz.lsarn Derartmcn:. \VI Ilord%sicred by an Leeri nit.%t : c axon; an ed by a cci tifed copy of the authority :a act (Add:ticn; SC -5.1.:) 5.2. If the surc:y on any Bord lurmshea by CONTRAC- TOR i, declared a nankrupt of becomes msoiver.I or i% richt :o do rusmess is :ermmmed in any s:ate where any part of LA the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five saws thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. 5.3. CONTRACTOR shat; purchase and maintain such comprehensive general liability and other insurance as is ap;ropriate for :he 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 then to perform or furnish any of the Work. cr by anyone for whose acts any of them may be :iah!e. (Addition; SC -5.3) 5.3.1. C:aims under workers' or workmen's comten- sation. disability beneft:s and other similar employee ben- e5t acts: 5.3.2. Claims for damages because of bcd:ly irjury. occupational sickness or disease, or death of CON 1 RAC- TOR's employees; 5.3.3. Claims for damages sickness or disease, or dea:h CONTRAC'1'OR's emp.oyees; 5.3.1. Cams for damages insured in pe:sonal ;qu:y liability coverage which are sustained (a) by any person as a result clan offense directly or indirectly related ta the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the \CorK itself, because of injury to or destruction of tang.ble prop- erty wherever located, inclueing loss of use resul: t:„ therefrom; 5.3.6. Claims arising out of operauotl of Laws or Ree- ulattons for damages bccadse of bodily injury or dcaih of any person or for damage to property: and 5.?.7. C:a;ms fur damagcs because of bcd:l irjLi y nr de:ua of any person or property damage arisine ot.t ni the cw nership, mair.tcnarce or uec of ant motor l chine. The insurance required ay this paragraph 5.3 sh.i.l :n: i:Je the specific coserages and re written tar net ess iI;.ir. ;i-e limits of I.:.hi:.is anti covern.es pals iced n the Sri, r•c-llrr. ten Cord tiors. or r :;ui-ed by lass. sar.'cs err is cre.l:c:. The camrie!e-is r'c eC neral I d:•il is 'ii ,ilr.. n:e Si.. I me ::d: completed opera: oris .nsaranc:..\.I ul :c rohc.c• ul If•u-. ante so regwre.: to be purchased ..n.: m,I.ntalrcd 'err he cerliuwates or o:!•er c idence lhe-col) shill cont:nr ,1 •rost- tLin or eIcier lcnlen: I tai :1'e All eraee a:foru ed s,i I net I•e carce. led. natrlala cranecd or renew alyduseu unit at trust thirty days' p r•or ssrtten notice has been given to OWNER an ,t ENGINEER y certified mail. Al: such insurance sha.l remain in effect t.nttl final payment anc at a.l t rites thereafter when CONTRACTOR may he correcting. removing or re; lacing diyenive Wo-k in aceordaice ss i:h. paragraph 13.12. In addition. CONTRACTOR shall maintain soh completed operations insurance for at least fw o ) ecrs after final payment and furnish OWNER with c%icence of cent:muttor of such insurance at final payment and one year thereafter. 5.4. The comprehens:vegereml I::.b lityinsarcncerequired by paragraph 5.3 wil. inc.udc ccn:-actual ;lability :nsurance applicable to CONTRACTOR's obi igatians under: aragraphs 6.30 and 6.31. Owner's Liability Insurance: (Rep] ac ever t; 04ON-A g' /Q)kmv"/ H, / M'/V: f I H ifo .>{d /a111E / /sl 9MVFitNOYIIPA/myfIA +P itolf.+�i HVIVWillfvr/ �r //Y AIY,rhlc/)1NYYAAAVIAstfafa1><1<tNd44/W I ff 9'Af /'9 f1l•>"SIY9'Y�i 1':»r�i"9t;I f'}y1P>�vtr"1tf1/�/ roperry Insurance: SC SC -5.o; SC -5.7) 6. Unless otherwise pros iced in the St pr lementa Co miens. O\%NER shall purchase and maintain pros ray insi.r cc upon :he �% ork at the sl:c [L) the fL]l inilwable alue thereo.:sl.bject to Bach ded.:ctib c am runts as nay a ero- vided in e Supplenen:ary Conmtions or rCgLirC y Laws and Regui Lions). This insurance stall include t' a interests cfO\\'NER.CON :RAC"OR.Stircontrac:ors •N'GI\F.ER and ENGINL `R's censrl:lants in the Work.' of sshorn sha.i be listed as ins eds or additional insured p ties. shall insre against the pert, of fire and et:erdec erage and shall include "all risk' •ns,rra-ice for phssi a: loss and damage inc u: mg theft, sun a ism snd make • as mischief, co.lapse ana water damage, a sun oth. r :1 s as may he provided in the Sdpplemertary C rda.ors. nil shall indt.de damages. losses and cxrenses ar.si out o or rest Itinp from any insured loss or IrCUTMI in the rep it r replacement of any ir.su:ed property ;irduding 'u: na imi:ed to fees and charges of eng.neers. architects, attt nc s and o:'ier proiasslonals).:f not cosered anJer :ne — I risk insurcncc or o;tern isc p:o- si.:cd in the S.ipple-n:r ..r) Cl ons, CONTR.\C TOR sl•..II pur:has:l.11,'. T:iln6l i hall :ir rillr •:l irsit:r.n:: Ln ri1, tl.'lls of the \\ or<,tCrll .,n iii.Jl: the 4l. i•r n :,fns i h rcn ♦itch o•uns of:I•e \ Ir, aie to he ine uuc in .in Ar-n: m.•n icr I'dl welt. iatri i:r Ir1,Iira 9cc .lr: iddti it n. i. rr'•r c• t•, ie : leer ul h} :1:c Surrlc:ncn:ars (')it] ' al .:r11 ,auras ,catch ,sal lodcJe Ii_: Irter_si 'C) I AC I Old, Suhcontr..ctln s ::N(; (il\'I I:I s corcu.4ints nine Nark all o. sled as insured or addutenal mvircd ran CS I I I I I I I I I I I I I 1] I I I (Repl ace-neo:; SC -5.8) St All the policies of ;n,urance ror the certificates other �tdcne thereo0 required to be purchased malr: tamed by OW, in accoseance with rachs 5.6 ane 5.7 will contain a prey.,' h or er. merit that tae Coverage afforded will not be can ateriaty changed or renewal refused until at' irty dayspit tten notice has been given TRACTOR by certified Tai, d will contain ver provisions in accordance with paragraph -. 2. 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 Worit :o the extent of any deductible amounts that are pros ided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub- contractor orothers 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. (Replacenent; SC -5,:C) 10. If CONTRACTOR requests in writing that .£r specia11nunce be included in the property jsdVce pol- icy, OWNE1flaJLif possible. include , insurance, and the cost thereof will rged 'TRACTOR by appro- priate Change Order or ., Amendment. Prior to coin- mencement of th rr at the site, \ER shall in wntirg advise C ACTOR whether cr not sus. :r insurance en procured by OWNER. R'airer of Rights: 5.11.1. OWNER and CONTRACTOR waive al. rights against each other for a,l losses and damages caused by any of the perils covered by the policies of Insatimce provided in response to pa:agrw.hs 5.6 and 5 7 and any other property ;murance applicable to the Work. and also waive all such rights against the Subcontractors, ENGI- NEER. ENGINEER's cnnsultana and a:1 other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon tract between CONTRACTOR and a Subcortractor wi l cortan similar waiver pros isions by the Sahcen::actor in favor of OWNER.CONTRAC'IOR. ENGINI:ER,ENGI- NEER's consultants and all o:her parties named as insureds. None of the above waivers shall extend to tie rrchts that any of the insured parties may have to the proceeds of insurance held by OW NE.R as trustee or otherwise pay- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR ir.rend :gat ar.s polices provided :n resporse :o r aragrap^s b and S.7, shall protect all of the par: es nsured :,nil :rot ice pin in cot crate for a I losses :.nu damage, c -used by the rents coscieu thertl•y Acconlmc,}...II •Il:h ru i'in sha,I lair. pros isions :a Inc cCe:t that in :he esdrt of p..s Went ,11 cry loss or Carnage the risdrer wil. base no rights ul recovery a.airsl ally of Inc pieties gamed as insureds i:r had.I,onal tweed,. and if :he .mate's requ re ,epaauc wa err forms to he signet. ^y ENG:NEI'R or E.NGI NIi1;R s corsu::art OWNER will ohia n ins same. and I such waiver forms are required of any Subcontractor, CONTRACTOR wil obtain the same. (Replacements; Receipt and Application of Proceeds: SC -5.12; SC -5.13;0-5. C-5, 13; 2V3cl insured loss under the pali5es of insura •e requi paragraphs 5.6 and 5.7 wilt he adjusts vilh OWNE made payable to OWNER as :ri ste .i:r the insured.eirinterestsmayappear.suhiec:tot erequire- ments pplicable mortgage clause and paragraph 5.13.OR . al; deposit in a separate ace rt any money so receand all distribute it in ace dance with suchagreemthe pa tes in interes: m reach. If no other specialment is r ched the d .aged Wo;k shall be repa:reeplaced, th money so recened arp;ied on accounof and tie Wu a the test thereof covered by an ariate Change Or or Wri::er. Amendment. 5.13. OWNER as tru ee shall hc power to adjust and settle any loss with/objection th nsu:crs urles cne of the part:es in intall objectA writing wuhin t. •er. days after the ocof Jos :o OWNER's exercise\i th.s power. If sution . made. OWNER as trustee a I make set- tleh a insurers in accordance wi:h sue agreement as s in interest may reach. If required m ':;ng by anin imcrest, OWNER as !rustce shall. u. n the ocof an insured loss. give bond for the p:oret er- f such du::es. Acceptance ofinrurance: .4. 1fOWNERhas ar.vebjectionto the cosera?ea1'or ,. by or 'tier provisiors of the irsu:ance required to he , ur• chased a mainuuneu by CONTRACTOR in ace dance with paragr hs 5.3 and 5.4 on the basis cf its not tmplvmg with the Cont c: Documents. OWNER shall .otify CON- TRACTOR in w 'ling thereof within len :'ay of the date of delivery of such cc ficates to OWNER t accordance with paragraph 2.7. If CO.' 'RAC1'OR has • . y obection to the coverage afforded by or ther prov' ions of the pol.cies of insurarce required to be pro; • sod; d mairiained by OWNER in accordance with paragrap . 6 and 5.7 on the basis of their not complying wi:h Hi ntract Documents. CON- TRACTOR shall nolilyOt'.'ERih ruing thereof with.nten days of the da:e of de ' cry of sue . craficatec to CON- TRACTOR in accord • cc with paragrap, 2.7. OWNER and CONTRACTOR s all each pro%we to the :her such addi- lionat into,mali in respect of insurance pro .Jed by each as :be other y reasomtl:ly request Eailt.ra ry W'NFR or CON IRA ' OR In give tiny such notice of orteeu within the tune rov.ded shall cant lute acceptance cf soh sar- ancep(urhased by the other as corapl: n.t ttith the Cont c: Partial L ti L:anon—Property fn, urunee: 5.15 If OW'NI.R f;.ias is necessary to occupy or use a portion or port on s of the Wink pi ror to Si h.laat ial Comple- tion of aL the Walk, such L,e or occupancy may he accom- rlrshed n accordance wi:'i r aragraph . a.I0, provide.: :hat no I 13 I I I I I L; I r -1 H I I P LJ I I I I I L� I I st.ch use or occupancy shall commence before the insurers providing the property insurance have acknow:edeed notice then eof and in writ: ne effected the changes in coverage neces- sitated thereby. The insurers providing the property invr. ance shall consent by endorsement on the pol:cy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shad 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 Cunt -act Doc- uments. CONTRACTOR sha!I be solely responsible for the means, methods, techniques, sequences and p:ocedu:es of construction, but CONTRACTOR sha 1 not be responsible for the negligence of others in the design or selection of a specific means, method, technique. sequence or procedure of construction which is indicated in and requ.red by the Contract Documents. CONTRACTOR shall be responsible 10 see :hat the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, w ho shall not be replaced without written no:.ce to OWNER and ENGINEER except tinder extraoremar y circ.tmctances. The superintendeni wi l he CONTRACTOR's rep:esenta:ive at the site and shall have authoniy to act on behalf of CON- TRACTOR. All commuricauor.s given to the super:ntcndent shall he as handing as if gn en to CON 1'R ACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent. suitatly qualiled personnel to surrey and lay out the \%o:k anc peru form construction as required by the Contract Documer.is. CONTRACTOR shall at all times maintain good ciscirline and order al the site. Except in conrection with the safctt or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shat: be performed during regu.ar working hours, and CONTRACT OR will riot permit overtime work or the performance of Work on Si!- urday, Sunday or any legal holiday without OW'NhR's writ- ten consent given alter prior written notice io FNG;NFFR 6.4. Unless ot.nerwrsc crec lied in the Geicral Req:.uc- ments, CON rRA('TOR shall fun.'h and ,i,sume ;al. iesp.m- sihihtt fo. 'ill matera s. Lgt.t pine n:. lator. ian' pciLa. usn corstrtcrion eq,apnten: and mi-enirery.:ools. appharses. fuel, power. ight. heat. teler'tone. water, sanitary L iii: es. temporary facilit es and a1 other facilities and nciden:a s necessary :or the furnishing, perto-mance, testirg. ,tart ur and comrletion of the Work. 6.5. All m;,te;uls and eauir rrent shat he of good gaaltty and new, except as otherwise ; rovided rn :ae ('orliact Doc- umer,is. If requ.red .^,y ENGINEER. CONTRACTOR shalt furnish satisfactory e'.icence i:nclad.ng reports of required tests) as to the kind and qualr:y of materials and equipment. All materials and equipment shall he applied. installed. con- nected, erected, used. cleanec and conditioned m accorcance with the instructions or tae ap^licable Sapclier except as otherwise provided in the Contract Documents: but ro pro- vision of any such instructions will he effective to assign to ENGINEER, or any of ENGI N EER's conshlianrs, agents or employees, any duty or authori:y to supervise or direct the furnishing or performance of the Work or any du: 5 or at.thor- ity to undertake responsibt.rly contrary to the pros isions of paragraph 9.15 or 9.:6. Adjusting Progress Schedule: 6.6. CONTRACTOR shat: submit :o ENGINEER for acceptance :to the extent indica:e. in paragraph .1.91 ac:ust- men(s in the progress schedule to reflect the impact Iheteen of new developments: these ei.1 conform gereral.v to the progress schedule then in effect and:.dditionaby will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or -Equal" Items: 6.7.1. Whenever mater:a:s or equipment arc specified or described :n the Contract Doci orients by using : he name of a proprietary item or the name of a raricular Supplier the naming of the item is intended to cstdhlisa the type. function and quality required. (!r.lcss:he name .s followed by words indicating that no substitution is permitted. materials or equipment of other Suppliers may he accepted by ENGINEER if sufficient information is suhm:tted by CON fRACTOR to al.ow ENGINEER to determine that the material or equipment proposed is equivalent or equal :o that named. The procedure for review by ENGINEER will include the foClowing as supcicnenred in the General Requirements. Requests for review of sabstilu:e items of material and equipment wi'I not he accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to fu-n:sh or use a substitute item of material or equipment. CON'IRAC TOR shall make writ- ten application to ENGINEER for acceptance thereof, certifying that the proposed substitute wd: perform ade- quately the frnctions and achieve the results called for by the gencrt: dcsien, he s:m:lar and of cga:.l substance in that specified and he suite: in the same use ,is Thal spec- i9cd. Tlie :.pphcalion will sl.ie That :1-c evaluation and acceptance of the pronoccd st.hs:,iute wil. not rrej.id cc CONRACTOR's achicvemeet of S„ bstartial ('imp e- tieri on time, whether or rot iccep:ar.ce of the %unstnuie for use in the W'.•r¢ "ill requ:ie . chance :n ..nv of the Cortract Documents for ir the prosisionc of any other direct conlrict wrih OW'NLR for perk on :he I'mfeet) to adapt the de,icn to the nioposed 'u'stl:t,tc and whether or not n;orpori::on or use of the su`stit„ic ir conrcc:.on with tie Work is saf,.ect to r aymcnt of any license fee or I 14 n I I fl I I I I I I I I I I r royalty. All variations a the ,,-.t opo%ed substitute front that specified wt.l be identrhed n the anp,ication and avai able maintenance. repair aid replacement serv-ce wih he indi- cated. The application ui I also contain ar itemtzcd esti- mate of all costs that hill result di;ectly or indirect y from acceptance of such suhstrtr.te. inc:u.:ing costs of redesign and claims of other contractors affected bv:l-e rescltirg change. all of which shall be considered by ENGIN1ER 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 spec;fic means, method. technique. sequence or procedure of constructor is in. icaled in or recuired by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, methoi. sequence. technique or procedure of construct;on acecntab:e to ENGINEER. if CONTRACTOR submits sr.fficient information !o a'low ENGINEER to determme that the substitute proposed is equivalent to that indicated or required by the Contact Documents. The procedure for review by ENG]Nl:1:R will be similar to that provided in par ag aph 6.7. I as applied by ENGINEER and as may he supplemented in the Gen- eral Requirements. 6.7.1. ENGINEER uiL he afowed a rca.orahle time within which toexaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptandi:y. and no substitrte will he ordered. irctallec or u:.Iized uithnr.t ENGINEER's prim w rltlen acceptance whist will he ev;- denccd ry either a Change Order or an arpnosed Shop Drawing- OWNER may rcgiue CON:RAC"OR to fur- n:ch at CONTRACTOR' expense a specia. perforrrance guarantee or other cutely with respect In anv sahstuute. ENGINEER ui;t record time required by ENGINEER and ENGINE:I:R's consultants an e'aluating substitutions proposed by CONTRACTOR and an making chargcc cal the Contract Documents occasioned thercry. Whethe! or not ENGINEER accepts a p:opo'ed suh'litu:e, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINLI:R's consultantfor csalaai- ing each proposed substitute. Concerning Subcontractors. Suppliers and Orlrers. 6.8.1. CONTRACTOR sha.l not employ ary Subcon- tractor. Supplieror o:her person or etgar.rzation oreludirg those acceptable to OWNER and ENGINEER as mci- cated in paragraph 6.8 2). 's nether iritial:y Cr:.c a suh'ti- tu:e. against whom OWNER or IENGINI-!-R -nay hale reaconahlc objection- CON •-RACI OR shall no: be recuard to employ any SI&C-or Iracto-. Stipp) Cr or other person or organiz;):inn ra fu. nish or re. hirr any .'I :!-r W'ta s az.nas: whon CONTRACTOR has icasonible ol•IC'tien. 6.9 2- If the Stipp t mrrt:.ry Co-d.rto is tcqu is the .dent:ty ofcena•n Subcon:-actors. Suppl C's or lithe- 'Cr - sons or organ✓ations t:nrlad ne those ssii., are :a fu:n:sh the pnnctral items cf mate... ial' and equ pnenn to he sub - milled to OWNER in a.:varcc cf the spentred ,Lee prior to the Effectite D.Ae of :6e Agreement for acceptance by OWNER and ENGINEER and if CONTRACTOR has suhmi::ce a b't thereof ir. accordance with the Supple- mcn:ary Condition.. OWNER'or ENGINEER'' accept- ar.ce (either in writing or hs failing to make carmen oh ec- tror. therein by the date indicated for acceptance o-ob;ec- nor. in the h;ddmg documents or the Contract Decumen:s) of any such Suhcont-.actor. Stipp ter or other person or organization o idcn::ficg may re revoked on :he basis of reasonable object:or after due in estigation. in which case CONTRAC TOR shall submitan acceptable substitute, the Contract Price wit: he increased by tae d.fference in the cost occasioned by such substitu::on and an appropriate Change Order will he issued or Witten Atcendment signed. No accep:ante by OWNER or ENGINEER of anv such Sahcontracter, Supplier or other person or organization shat: constautc a trail er of any right of O\\ N ER or ENGI- NEER to reject defective Wont. 6 9 CONTRAC'I OR shall be fully resp.at't'rle to OWNER and ENGINEER for all acts an omissions of :he Subcon- tractors. Suppoerc and other rersors and org:.nizatitlns per- formirg or funisiing anv cf the Work under a di-ect or indirect contract with CONTRACTOR just as CONTRAC- TOR is recrmsirle for CONTRAC ]'OR's own acts and omis- sions. Noth:ng in 11e Cor.lract Docvnena shat: crease any cen:ractual relationsiip between OWNER ar ENGINEER and any such Subcontractor. Supplier or other person or organization, nor shall 11 create any ohlieraticn on the part of OWNER or ENGINEER to pay or :o see :o the payment of any moneys due any such Surcontractor. SuppEer or other person or organization except as may o:nenvise he re:.uired by Laus and Regulations. 6.111. Thed.visron% and 'ectionsoftheSpecr;icalionsanti the idea:rricauons of any Draunes shall not control CON- TRACTOR in dividntg the Work arrong Suhcorlracto:s or Suppliers or delineating the Work to he performed by any specific trade. 6.1:. All Work r erformec for CONTRACTOR by a Sub- contractor will he pursuant to an appropnalc agreement bc:ucer. CON'1-R ACTOR and fhe Subcontractor which cpe- afca;ly hinds the Suhcon::actor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.1:. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys recencd !'y CONTRA(-'rOR or accunnt of losses under pol- icics 'sued pursuant to parag:ap.^.s 5.6 and 5.; Patent Fees and Renames: 6.12 CONTRACIOR 'ha.l r." all Incense fees..nd toy - e, .al.. assume' :.II cost' m✓dect to :1-c use n it c rcr:or- mince of the W ark or tl-c Incotrorati.ln n :ie Werk of an% in tnncn. desren. process. prrdact or des rte which is the 'u-ject of ratent nchts or con; ighIs !:aI.1 by others. If a parr:crdar inventor, des gn. process. product or device is spenhed in the Contract Documents for use in the perlor- trance of t he Wor.c and rf to the actual knou ledge o: OWNER I I' I Li C I I I I I I I I I I I I I I I TRACTOR shall not endanger any work of others liveitIing, excavating or otherwise altering their work and "ill only cut or alter their work with the written consent of ENG:NEER and the others whose work wilt be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other con :actors. 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 fai:ure so to report %vi'l ccnstttute an acceptance of the other work as fit and proper fo::ntegra. tion with CONTRACTOR's Work except for latent or nor. - apparent defects and deficicrcies in the other work. Coordination: 7.4. If OWNER contracts with others for the ceifor- mance of other work on the Project at the site. the person or organization who will have authority and respcncibdi:% for coordination of the activities among the vt.rious prime con- tractors will be identified in :ae SLpplementaty Cord.iio:ls, and the spec:fic mat:ors to be covered b} such au:part:) and responstb.lity wd: he Itemized. and the even: o: such auhor- ity and responstbth:tes will be pro%tded. in the St: r;.len-en:ar y Conditions. Unless ottienvise pro' ided in the Supp emcrtary Conditions. neither OWNER nor ENGINEER hall 'aye any authority or responsibili:y in respect of such coordination. (Addition; SC -7.5) ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employmert of ENGI- NEER. OWNER shall appoint an engineer :ga nst "horn CONTRACTOR makes no reasonable cb;ectltn• %'hoe %:a- tus under the Contract Documents shall be that of the lorrrer ENGINEER. Any dispute in connection with suet art oint- ment stall be subject to arbitration. 8.3. OWNER 'ball furnisn tie aa:a rz.,u Ire :%t (M N1.R under the Contract Dretimentc prz'm^tly and %n:,11 rlake r.t:- menis to CON rRAC:—OR p:ampdv alter tFry .tie die a% pro%idcd in ramp:aphL 144 :.na 14.13. x 4. OWNER's dopes in :cspec: of nro%Idmz Ln,.%,n.: eascirents and providru: engrrcerl t: sun e% s :c estate I.'I re lcrcncc p.lm:s Lie se: Inrin in piraet.rrhs 4.1 and 4 4. P:.ra- p-apn 4 2 refers to O\%\ER'% Identif% rig and riakme a%..II- able to CON rR CTOR copies of repurn of a%rlorati:its and lets of su?•%L'rtace cordi:run% ii the site and n c%:stoic %Irt.c- :ores which ha%e been utilized by ENGINEER :n preparing the Drawings and Spcc:hcations. 8/-tf/f4y Y./itftAIIl1 V/ /iIll/ kiy`•/ tj`/+%gbAsifl i1`tf+dikfa¢hd6bA$vi><:��f11,E! (SC -8,5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth :n paragraph 13.4. 8.8. In connection with OWNER's rf_rht to stop Work or suspend Work. see paragraphs 13.I0ard b. I. Paragraph :5.2 deals with OWNER's right :o xrmmate services of CON- TRACTOR under certain circum%lances. ARTICLE9—ENGINEER'S STATUS DURING CONSTRUCTION Ow ncr's Representative. 9.1. ENGINEER "i.1 be OWNER's rlipiesenta::ve dur- ing tole constntc:ion period. The du•`es and respuncihilities and the limitations of aul lion:of ENGINEER as OWN ER's representau%e during censlrucnoi are se: forth in :'Ic Con- tract Documents and shall rot be ectcnded w:lhau: %%rnten consent cf OWNER and ENGINEER. Visits to Site: 9.2. ENG:NEER will make %i'its:o the site at intervals appropricle to the various states of corstraction to observe the progress and qua;ny of the e\ecuted Work and to de:er- mme, in general. if the Work is proceeding in accordance w o h i. a Co ntract Documents. ENGINEER coil; not he reo uirel to make a naueti%e or continuous or. -site rn%rectians to check the aiml.ty or ruantity of the WerK. ENGINEER's efforts %%III be directed :o"ard prod:ne far OWN E R a c: eater degr ee of confidence that the comp!e:ed Work %%Ili confcim to the Con:: -ac ocumcr.ls. On the bads of such visits and on -sue observations as an experrencec :.n.: q.ralif.ed design profes- sloral. ENG:NEER"I I kcepOWNER informed of:tie prog- ress of the "cr; ar.d "ii erdeavcrto,L:.r.:OWN ER against defects anJ Cencienzie%in the Work, Proj,.rt Reprnn,rottar (Acdi t'cn; see SC -9.3) 9 3. It OWNER and 1.NG:NI:LR azrce. ENG:NEI:R II It rni%h ,t Kc".ac`-1 ro;xt Ili -re en1.ii a a% as'ist ENG:NiiE in o•%en me Uhe rec`nnarLc u: the Work. fie dti.l %, r: %r(11`%thlllae% aril rni l: Ilo its it author'r% rl env suer :([%Idcnt I'rni: l Rer•esen:a:nc :.n.: ,n%1s6trl% "dl he ,:s r ro%ldcd in lh: S.Ir rlcncntal% l and lib',s. If OW\I-R designate. another : rest to represent U\%\ER : t the %:te %%ho I% not L'NGINFEk's agent _r c•nplu}cc. tale datics. rc%pons hi tics an.: ,unu,.uor.a o: aul horl:v of %itch other person%il he .n provided in the Surplenteriary Conditions. I 19 I I I I In El I I I I i I I LJ I Clarifications and Interpretations: 9.4. ENGINEER will issue wah reasonable promptness such written clarifications or interpretations of the recutre- ments of the Contract Documents (in the form of D:awings orotherwise) as ENGINEER may determine cecessa.-y. which shall be consistent with or reasonably infer..ble from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 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 ad;ustment 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 F:e:d Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. if CONTRACTOR bet:eves that a Field Order justifies an increase in the Contract Price or an extens or of the Contract Time and the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article : ! or 12. Rejecting Defective Work. 9.6. ENGINEER will have author.t) to dinar p:ove ar reject Work which ENGINEER be ieves to be defer the, and will also have authority to requi-e special mspcc don or testing of the Work as provided in paragraph 13.9. whether or nor the Work is fabricated, installed or completed. Shop Drawings. Change Orden and Payments: 9.7. In connection with ENGINEER's responsihdi:y for Shop Drawings and sample'. see paragraphs b.thro igh 6.29 inclusive. 9.8. In connection with ENGINEER's responsir it ties as to Change Orders, see Articles 10. 1 I and 12. 9.9. In connection with ENGINEER's resporlihili: es in respect of Applications for Payment. etc.. see Article 14. Determinations for Unit Prices: 9.10 ENGINEER 'dl de:erm lie the actua. y,;..nti: cs and classifications of Unit Price Wars performed hv CON- TRACTOR. EN(INEER wit review with ('ONIRAC I OR ENGINEER's piel,nrnary deternur...uo'is on sich maters before rendering a wrwen decision the -eon ill cco:nr:,en- datirn of an Aopi cation tor I'.nmcrl or othcrwr'cl I NG:- Nf..LR's written Jeclsiois Thereon w II he hnal.Ind hn:mil upon OW' ER and ('ON I RAC)'OR. unless. within :en days after the date of any sucn decision. e.Ihcr OW'N I'R or ( ON TRACTOR delivers to the tithe: party in the Agreement and to ENGINEER written notice of irlentivn 10 appea. from such a decision. Decisions on Disputes: 9.1!. ENGINEER will be the i-iitia. interpreter of the requirements of the Contract Documents and jLdge of the acceptability of the Work thereunder. C:aims. disputes and other matters relating to the accep:ability of:he Work or the interpretation of:he requirements of :he Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles Ii and 12 in respect of changes in the Contract Price or Contract Tinie w.11 be referred m.tially to ENGINEER in writing with a request for a formal decision in accordance wuh th:s paragraph. which ENGINEER will render in writing within a reasonacle nine. Written n, lice of each such claim, dispute and othe: matter will he celivered by the c:a:mant to ENGINEER and the o:aer party to the Agreement promptly (hut in no event later than Thirty days) after the occurrence of :he event giving rise thereto. and written supporting data will he subm.tted to ENGINEER and the other party within sixty days after such oe currence unless ENGINEER allows an additional p erod of tine to ascer(ain more accurate data in support of the claim. 9.12. When functioning as inlerp re:er and judce under paragraphs 9.10 and 9.11, ENGINEER wi.l no: show par- tiality to OWNER or CONTRAM OR and w i.1 not he hab;c in connection with any interpretation or decis:or. rendered in good faith in such capacity. The rendering of a decision b) ENGINEER pursuant to paragraphs 9. IC and 9 1 I with respect to any such claim. dispute or other matte; eexcept any which have been waived by the maxirg or acceptance of fnal pay- ment as provided in paragraph 14.:(:) writ he a condition precedent to any excrc.se 'y O\4'NER o- CONT'RAC'TOR of such rights or remecies as either may otherwise have under the Contract Documents or by Laws o- Regulalions in respect of any such claim. dispute or other matter. Limitations on F.NGI.VEER's Responsrhilities! 9.17. Neither ENGINEER' authority to act under this Article 9 or elsewhere in the Con:Tact Documents nor any decision made by ENGIN [ER in good faith c•therto exercise or not exercise such aulhorov shall NiNe rise to any dirty or response'ility of ENGINEER to CON I RAM OR. any Sue. eor.l rachlr. any Surp.ler, or any tithe: person tit Prgar ital ion perfor mimz any of tae Wit k, or :o an% surer) IPr -in% .n :hem. 9.14 W hens ci in Ih:Contract Documents the terms "ac ordeuc."' ac di- ected". ":H required - -. ' z.• allow:.1 '. ' J\ ar Pro, ed" or terms of lie dice: tir In•por: arc used. or the adieu- yes "reasonable".' su I.I h"e....tecerti hle .^e ore r" or "s.ktistactorv-' or JJjeclncs .,I I kc tiled or Taira I ire used to tie u:the i rcyu lenient.. IrecI un, -cv tcw or ud emerl of ENGINCLR as io the \so•k. it is in:cede: that such. re qu.rcrnc lit, due4nit] n. R' e low or Judeint lit war he so.cls :o ova:uate the Work CrIcome h,nce wth the ('onliact Docu- ments Ionics% mere Is a specdic statement irdicaii-w other- wesct The use of an) such term or ad)ecuse shall not he I 20 I I I I I I I I I I I I I Li I I I I effective to assign to ENGINEER any duty or autherty to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake respcnsihili:y contrary to the provisions of paragraph 9.15 or 9.6. 9.15. ENGINEER wilt not be responslb:e for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER wi:l 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 responsib:e for the acts or omissions of CONTRACTOR or of any Subcontrac:or, any Supplier- or of any other person or organization performing or furnishing any of the 1Vork. ARTICLE l0 —CHANGES IN THE WORK 10.1. Without :nvalidatinethe Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Witten Amencment. a Change Order. ora Work Directive Change. Upon receipt of an) such document, CONTRACTOR wall p-omptly proceed wiIh the Work involved w h:ch will he performed under the applicaale conditions of :he Contract Documents 'except as otherwise specilical.y a rov.dcd). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any. cf an increase or decrease in :he Contract Price or an extension or shortening of :he Contract Time that should be allowed as a result of a Woik Directive Change, a claim may he made Iherefor a4p.ovided ir. Article II or Article 12. I0.3. CONTRACTOR shall nor re entitle.::a ar.:ncrcasc in the Contract Price or an extension of the Contract Time with respect to any Work performee that is not requiree by the Contract Documents as amcned. modifed and supple- mented as provided in paragrar.hs 3 an:. 3.5. exrepin Inc case of an emergency as provided in paraprarh 6.22 and except in the case of unco'enng Work as provided :n para- graph 13 9. 10.4. OWNER and CONTRACTOR 'hall e%ecutc ,i-. p o- priate Chance Orders (or I% i hen Amerdmcnis I .-o cr•n_. :0.4 I. chances in the No -k %thIvh :et ,.rdcre, by OWNER pursuant Io p,.r.1cra:•t. Iii. . ele req.urcd hee.t.ne of i'l'l-ep:dr cc {1f di /t ii' e' Vi OI. I I1Jt r p.tr I;LIph 1 Ito- correcting uefe•: toes Wers un..er p;i aer,i'h 11. 4. or , r: agiccd to ry I:ie panics: 111.42. changes in tie C.'n:ry I Price or ('on t net Tire w hteh are agreed to by the panes' and 10.4.3. changes in the Contract Price or Cantr.ct Time which embody the sabstance al 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 decisior in accordance with the provisiors of the Contract Documents and applicable Laws and Regulations, but during any such appear. CON- TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provide'' in paragraph 6.29. 10.5 if not:ce of any change affecting the general scope of the 1Voik 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 he given to a surety, the giving of any such notice will he C ONTRAC- TOR's responsibi ity. and the amount of each apphca^le Bond wit: be adjusted acco:eutgly. ARTICLE I I --CHANGE OF CONTRACT PRICE II.!. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) pavable to CON- TRACTOR for perfcrm:nc:le Work. All du::es. responsihi!- ities and obligations assignea to or unccrtaken b) CON- TRACTOR shall ^e at h s expense wr:hoat charge in the Contract PLCc. 112, The Contract Pn:c may mt:y he charged by a Change O:de- or by a Written Ariendment. Any claim forar.:ncrease or decrease in the Contract Price shal: be based on wri:ren notice delivered by the p..rty making tae claim to the other party and :o ENGINEER prcmp:.y (but in no ev ent later than thirty days) after the occurrence of the event giving r:se :o the c!a;m and statrig the general nature of the claim. Notice of :he amount of the c:a:nl with u,^.porting data shall be de,ivercd within six: y days after such occurrence furless ENGINEER a:lows an additional period of:une to ascerlain more accurate data in si:pport of :tie claim) and shall he accom-anicd by c:a,maal"s w nuen statement that the amount c:atmed coven all known amounts 'direct. indirect an,; con- seqaentiall 10 which the c.aimant ;s crtitlee as a tesult of :Fc occurrence of said evert. Al: claims for adjustment in :he Contact Price sha:l re dcte-mined by ENGINEER in accor- dance with ; aragraph 9.1 if OWNER and CONTRAC'T'OR cannot other vs NC agree en the amount Imo:ve;t No claim for an adjustment :n the C,'ntr;.ct I'ri:c wii! be '.Its II not suhm lied ir accordance wuh ,n,, par..giaph 11.2. 1:.3. '1 be value .I any R ork coy Bred ry a (-h mee Iy r dcr or of , iv claim for an meow or decrease H I ,: Crn:r::: Prize %Fa I he dctvimired .n me ol:'ic I.i11,reu•g was II 3.1. Rh.re the No'k H'ol'ed is enered h% unit p'r:cs Lorla ned n IFc Contract DucI1rn. nts l' "ppli:a- tion oI Jnit rr te, :i' the quant.hcs of sic hems ir'olvcd I su Meet :o :he provisions of paragraphs II 9 :, through 11.9 3.:nclu'rvcj. I 21 I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and proh: rot Inecessarily in accordance with paragraph 11.6.2.11. 11.3.3. On the basis of the Cost of the Work (deter - mired as provided in paragraphs IIA and 11.51 p us a CONTRACTOR's Fee for overhead and profit (deter- • mined as provided in paragraphs 11.6 and 11,1). I I I El Li I I I I I I I Cost of the Work: 11.4. The term Cost of the Work means the sum of ail 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 stall he in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs item:zed in paragraph ;1.5: 11.4.1. Payroll costs for employees in the d.rect employ of CONTRACTOR in the performance of the Work under schedu'es of job classifications agreed upon by OWNER and CONTRACTOR. Payroll casts for emp!oyccs not employed full time on the Work ,hall be apportioned on the basis of their time spent on tne Work. Pay o11 costs shall include. but not be limited to. saltines and wages plus the cost of fringe benefits which shah rnc.ude soc-i.l security contabutiors. unemplo}mert. excise an.'. rayro.l taxes. workers' or workmen's compensation, heath and retirement benefits. bonuses, sick leave. vacation and lid- iday pay applicable :hereto. Such emp.oy ecs steal. mch:de supetintendents and foremer. at the site. The expenses of performing Work after regu:ar working Fours. on Sa:.rr- day, Sunday or regal holidays, sha I he ircluded it the above to tae extent authorized by OWNER. 11.4.2. Cost of all nalerials and cgt.ipnter.l fir rushed and incorporated in the Work. including costs of trans portation and storage thereof, and Suppaersfield sers ices rcqu:red in connection Ihercwith. All cash discounts sFll accrue to CONTRACTOR un;ess OWNER deposits funds with CONTRACTOR with whici to make payments. in which case the cash discounts shat accrue to OWNER. All trade discounts, rebates and refunds aid at: returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provision so that they may be obtained. 11.4.3. Payments mate b} CONTRACTOR to the Suhcontracto:s for Woik peaorrrcd by Sibcuni ratio: S. If required by OWNER. CONrRAcrOR sh l tibia compeulive h.ds from Subcorlractors accentab c to CON- I'RAC]OR and sna.l delis er suet bids to OWN FR ,Fo w;ll then detcnn:ne, w.lh the ads 'e of I.NGINEER. wh sh bids will re accepted If a sub:ontract pros ides that the Subcontractor is :o be paid on the basis of Cost ci the Work Plus a Fee, the Subcontractor's Cost of the Work shat be determined in the same manner as ('ON I'RAC .OR's Cost of:F.c Work. Al: subcon:r:.ets shat `e subject to the other pros isrons of :hc ContrLc: DaCuments insofar as anp.icc.ble. 11.4.4. Costs of srccial cor.sult.n:s (inc'udirg but not limited to engineers, architects. testing laboratories. sar- seyors, attorneys and accountaris) employe : for services specifca.ly related to the W ork - 1:.4.5. Supplemental tests including the following: 11.4 5.1. The proportion of necessary transporta- tion. travel and subsis:eree expenses of CON employees incurred in discharge of duties cur. - neared with the Work. 11.4.5.2. Cost, including trancpottavon and main- tenance. of al: materia.s. sup p res- equipment. machin- ery. appliances, office and temporary fac:lures at the site and hand tools rot owned in the workers. which are consumed in the performance of :he Work, and cost less market value of such :rent, used but not consumed which remain the property of CON TRACTOR. 11.4.5.3. Rentals of all ccnstrucuun equipment and machinery aid the parts thereof whether rented f•om CONTRACTOR or others in accordance with rental agreements approsed by OWNER with the advice of ENG:NEPR, and the costs of transporta: or.. loading. unloading. ir..s:alla:ion. dismantling and rentovai thereof —al! in accordance with terms of said rental agreements..he renla! of any such eau pnent. machin- ery or parts shall cease svncn the use thereof is no longer necessary for the Work 11.4.5.4. Sales, consumer. use o: s:mdar :axes re'a:ed to the Work, and for whic-i CONTRACTOR is lia'"le, imposed h} Laws aid Regulations I 1 4.5.5. Deposits lost I'or causes other than :negli- gence of CONTRACTOR. any Subcontractor Cr :rty- one directly or md:rectly employed by any of them or for whose acts any of :hem map t e liable, and royalty payments and fees for rerm.in and licenses. 11..5.6. Losses and da-nages (and related expenses). nor compensated by'nsurance Cr o;Fer. rte, to the Work or otherwise sustained by CONTRACTOR in ccnnection %%,lh the rer:irmarce and furrishmg of the Work (except osses and damages i:Fin :'te deducti:•Ic amounts of r rorerty nsuran:c cst:,hl.shed by OWNER ;n accordance vi:!i rata_rdph s.1, rro- sidci they have :esLlted limn :auses ether h,.n the re z igen:e of ('ONTRACTOR, anv Suhcor.tractnr. o• anyone directly or mdr.ecdy employed ry an' it Chi' -11 or :or whose aus aiv of :hem may oc haPle S,:ch tosses shall include sett.emcnts nade with tie w nucn consent and approval of OWNEIR. Na sr.ch Issses. damauves and esperses shat. he inc tided in the Cost of the Work for the purpose td determ ning CON TRAC- TOR', Fee. If. huwever. any such loss or damage I I u I I I LI ul I I I requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTGR sha:l he paid for services a fee proportionate to that stale: in raragrph 11.6,2. 11.4.5 7. The cost of utilities. fue! and sanitary facilities at the sire. 11.4.5.8. Minor expenses such as :elegrams. long distance telephone ca.ls, telephone sersice at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for addit;onai Bends and insurance required because ofchanges in the Nark and premiums for property insurance coverage within the limits of the dedl.cuhle amounts estah:ished by OWNER in accordance uttF paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the fol:owing: 11.5 1. Payro:l costs and other compensation of CON- TRACTOR's officers, executives. principals (of partner- ship and sole propnetorships). general managers, engi- neers, architects, estimators. attorneys, auditors. azcoun- tams, purc'lasing and contracting agents, expeditors, limekeepers. clerks and other personnel employed by CONTRACTOR whethc; at the site or in CONTRAC. TOR's principal or a branch office for genera: adminls:ra- tion of the Work and not specif ca.l y . ncl uded in the agreed upon schedule of -oh classifications referred :o in para- graph 11.4.1 or specifically covered by paragraph 11.4.4 — all of wnich arc to be considereu administrative costs covered by the CONTRACTOR'S Fee. ' 11.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR'S carr:a. expenses. includir..g interest on CONTRACTOR'S capu..1 emr.u, ed for the Work and charges against CON]RAC1'OR for delinquent payments. 1l I I I 11.5-4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (excert for the cost of premiums co, erec by sub- paragraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Suhcontractor. or anvore.:uec:ly Cr indreLIly employed by any of them or fu- whose acts any of lam may Sc liable. irciu ing ;-u: not limited to. the corc(lion o: de fi'rr:,e Work...'isprsal of ma:ertats or eyu'pntn: w•nnely surp!:ed ,.nil making goo: ;.ny dan-age to rrop- ert y. ' 11 5.6. Other osenceaa: or general experse co,n of ar.v k.nd and the costs of ans Hem not sr eufical.y expressly includec in paragraph I L4. be agreed upon. CONTRACTOR's Fee: 11.6. The (.ON I RAC TOR's Pee allowcd :,, ('ONTRAC- TOR for overhead anu profit shalt he determined as follows: 11.6.1. a mLIual!y accep:able riled fee: or if none can 11.62. a fee based en the fo;law irp percentages of the various portions of the Cost of:he Work: 11.6.2.1. for costs ncur:ed un:.'er paraerphs 11.4.1 and 11.1.2. the CONTRACTOR's Fee chat! he fifteen percent; 11.6.2.2. for costs incurred under paragraph :1.1.1, the CONTRACTOR's Fee shall be °ve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum aliow:a-Ie :o CONTRACTOR on account of overhead and profit of all Subcontractors snail he hfieen aercent; 11_62.3. no fee stall he pasabie on the basis of costs eeme7ed under raragrachs 114.4. 11.4.5 ard I 1 5; 11 6.2.4. the amount of credo :o be allowed by CON TRACTOR Co OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduc:rur. in CON :'RAC - TOR'' Fee by an amount equal to tcn percent of the net :ecrease: and 11.6 2.5. when both additions ard credits are msolscd in any one change, :he adiastmenl in CON- TRACTOR's Fee shall be compu:eu an the basis of the net charge in accordance with paragraphs ; 1.6.2.1 through 11.6 2.4, ,ncksise. 11.7. Whenever taie cost of any Work n to :e determined pursuant to paragraph 11.4 or 1!.5. CONTRACIOR wit submit n fo:rr accepta:'le In ENGINEER an itemr7ed cost breakdown together wui supporting Bata. Cash Allowances: I I.B. It;s Lnderst�od that CONTRACTOR has mc!udcd in the Contract F'rice all allowances so named in the Contract Documents and shat cause the Work so covered to he cone by such auhcontractors or Sunp:iers and for such sums within the I m.t of :he al,o"arces as may !•e accplarle to LYGI- NEER. CONTACTOR agrees that: i '.9.1 The aCo,,arces rnc!u.:e the coy to CON - 1 R.\('TOR :less ans aprlicahle trade discaunh; ,,I ma:c- rials and cglupmcn: rrgt.uest by i tic allo„ances :r. be,;cas- cred at :he sue. ard a.l app licaNe takes. and 11.8.2. ('ON TRAC1OR's costs for umoa.lmg and Fan,ime on Inc ,uc lat•ur. •ns:ah..11on cos:, .n erhead, profit and other expenses contemplated for the al,o,sanccs have been included n the Contract Price and not in the 1 23 C I I I I U I I I I I I I I El 1] allowances. No demand for additional payment cn account of any thereof will be s aiid. Prior to final payment, an appropriate Charge Order wilt he issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work cosered by allowances, and the Contract Price shall be correspond- ingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to he Unit Price Work, initiaay the Contract Price win be deemed to include for a:1 Unit Price Work an amount equal to the sum of the estaclishec unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are sclely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Pr.ce Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed :o mc:ude an amount considered by CONTRACTOR :o he adegt.ate In cos er CON'1'RACTOR's overhead and p.otit for end 'i sep- arately identified item. ..t- Where the gaantity cf any item of Unit Pric Work p rmed by CON7 RACTOR ddlers majpn1h and signific�bs.Jrom the estunared quantity ia)' itch indicated in :he Acgmcni and there tpeforrespor.d.ng adjustment w i:h respc :o any taiiem of Wo-k and if CONTRACTOR heliev .at CONTRACTOR bats incurred additional p6se I result thereof. CON- TRACTOR mynike a claim for)nujcrease in the Con- tract Prc • accordance with Article I ' the parties are Aorta agree as to the amount of any (Replacement; SC -11.9.3) ARTICLE 12—CIIANGEOFCONTRACT 1'I\lE 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any c: im for an extension or shortening of tae Contract Time wall be based or. u ritten notice deli'ered by the party making the claim to the tither party and :o ENG:NEER prong:ly (brit in noes en:'a:e: than thirty Jays) after the occjCenLe of the e'en: ci%irc li,c t., the claim and ,tang the general nature u: toe :lal.n. N; tics of the extent of the cams with •unprr:nr,.,.ta %ha I he dclis- ered within sixty days after such occurrence r.nlcss I:\(.1 - NF ER a.lows an as ditional rctied of time to ..sc er:an m,,ro accu-ale data in sapper: of t:ie cla m) i.n. Null he arta.n- r arced by the claimrit s written stalcmen: that the ad ust- mer..t claimed rs the entire adjustment to a high :het Iii mint has reason. •o heliese it is en:i::cd as a result othe occurrcr..ce of said event. Al. clauns for adjustmen: in the ('ontr..c( I mac shall !`e determired by ENGINEER in accurccnce w it) para- grapl9 II ifO\'N FR and CONTRACTOR cannot otherwise agree. No claim for an adustmerl in the Contract Time will be val:d if not sub:niacd in accordance" th the reyunenens of this paragraph 12.1. 12.2. 'The Contract T.me will be extended in an amount equal to time lost due to delays bevor.d the con:rtil of CON- TRACTOR d a claim is made :herefor as prcvufed in r ara- graph 12 I. Such delays shall include. but rot be limited to. acts or neglect by OWNER or others performing cdcmonal work as contemplrred by Article 7. or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time limits s:atec in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shah not exclude recovery for damaees I.nclt.ding but no: limited to fees and changes of engireerc. architects. attorneys and other pro:essionals and court and arb:ration costs) for de'ay by c:ther party. AR'I'1CLE :3—WARRANIY ANDG(:.;RANTEF.. TESTS AND INSPECIONS: CORRECTION. RI.MOVAL OR ACCEPTANCE OF DEFECTIVE R ORK Warranty and Guarantee: 13,1. CONTRACTOR uar:ants and guarantees to OWNER and ENGINEER tfti all Work wit he in accor- dance" ith the Contract Documents and w II not he defec rive. Prompt nonce of all defects shal, !`e gisen to CON IRAC- TOR. Al! del c!cve Work. whether or no: in place. way be reec:ec. correc:ec or accepted as pros ided in this Article 13. Access to Work: 3.2. E•NG:NEER and EN(iINEER', represenatnes. other representatives of OWNLR. testing agencies and gov- erninenta agencies with urisdiction..l irterestsw ill haseacccss to the Workatieasorah.elines for their no-srvation, nspccting and testing. CONTRACTOR sh..i;l pro' dc nit per t. n.: sale eoneiturrs for sue)' access. lusts and Inspections. I t.3. ('ON—RAC":'O.: shad?sc EN( IN hER ti:rid noose of r, oiliness of hoc \\ o:k (or :i.I .cqurcd ti-%rec:Ionlasts or ..[.1b als 13 1, l; I ,rsss ur RcralaUrn, nl'.ii r.d,ac I`od\ ties tie jar.sd.c: or icgmre ary \\'niLint r..i 1 I wren'' ores meals he Ir'pc led. Ies:e.: o arp-used. CON I R. \C I'f iR st ..il rioting Jul responsd,:nt) nerel.n. p..\ ill cysts n swine, ti.,n :here' r:n..n.: :ar rish ENGIN hER ihr required certitcites of mspecnu-i.:es:rig or apprusal. CON I RAC U shad.uso i 24 C 0 I I I I I I I be respons:hle :or and ,hal: pay all costs :n connection wiih any inspection or testing required in connection with OW"N- ER's or ENGINEER'S acceptance of a Suptlier of materials or equipment proposed to he incorporated in :rte Work, or of materials or equipment suhmi:ted for appros al poor to CON- TRA CTOR' % purchase thereof for ir.corporation : n the Work. The cost of all inspections, tests and approvals in addition to the above which are requ:red by the Contract Documents shall be paid by OWNER (an;css otherwisc spcc:fied 1. 13.5. LAtfU tb oF(l,1'ytl IUg("4ro -Al- VdrA 4 6 i6�lAfta'M•� ,,,,1{{,,6L .. �b�� 1>>Uif?Ed/s� L[k�•Jde�71. 13.6. If any Work (including the work of ethers) that is to be inspected, tested or approved is covered without writ:en concurrence of ENGINEER, it must. if requested by hNGI- N EER, be uncovered for observation.. Such t. naovenng shall be at CONTRACTOR -s exper.se urless CON!'RAC:'OR ha, given ENGINEER timely notice of CON rRACTOR's m:en- t:or, to curer the same and ENGINEER has not acted wan reasonable promptness in resconse to such notice. 13.7. Neither observations by ENGINEER nor nspec- lons, tests or approvals by others Thal, reliese CONTRAC- TOR from CON FRACI OR's onl gallon., to perform :lc Work in accordance w ith the Contract Documents. IUncovering R ark: 13.5. If ar.y Work is cot ercd contrary to the w ntten ,-:mte,l of ENGINEER. it must. if requested cy ENGINEER, be uncovered for ENGINEER'S observation and replaced at CONTRACTOR'S expense. I I I I El I 13.9. If ENGINEER consider it necessan• or adsisa!ae that covered Work he ohserved by ENGINEER or inspected or tested by others. CONIRACTOR, at ENGINEI:R's request. shat: uncover. expose or otherwise make ava.lah.e for observation. ms,-.ection or telling as ENGINEER may require, that porticn of the Work in question, furrishirg a II necessary lanor. material aid equipment. If :t is fo.ind that such Work is defective, CON I RACTOR sha•I hear al: direct. ndirec: and ccnsequertial costs of such anc,wering, expo- sure, observation, inspection and costing and of sats:actory reeon,ructien. (includme Hut rot untie,: to Ices and:farecs of cngrrcers. architect. auorness avid other p-o;i,stunal,t. and OWNER sl a,l he eroded to an ,.ppi.sprr.i a de:re..se it the Curtract Yc ire. ar.d. it:he parties are unah,c to aarce ..s to the anoin: the -cot. may:Hake a di nI the-clo• :.s pros i..e d in Article II :f. I•o'.e,c-. s ich WerK I, not found :n he :/tree nit e, CON ]R.\C!OR ,nil he allowed an rr.ci:.rte in :hc ti -n: r:.c: price or in cyst its;on o: mite Con: -: ire. IX both, d;reedy imrutahle :o such unconrirc. csrsure. ot•serv'atinn. ms pec Ito i.:e':rite and reconsir av tion..nd. it the parties are t.nah c to , grec as to the amot.nt nr extent thereof, CONTRACTOR may make a clarnl therefor as pro- vided ii Articles II and 12. Owner flay Stop the {fork: 13.10 If the Work is de!ecrne, or CONTRACTOR fails to supply sufficient skilled workers or buitahle materials or equipmert. or fails to furnish or perform the Work :n such a way tnal the completed Work will conform 10 the Contract Docu,ni nts,OWNERniayorderCONTRACTORtoslopthe 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 cf O\4NER to exercise this right for the benefit of C ONl :RACTOR or any other party. Correction or Removal of Deferrite Work: 13.:1. ifrequi:edbyEN GINEER.CCN'rRA('TORshall promptly, as directed, either correct al. deje•rrit'c Work, whether or not fabricated, i•istatled or completed, or, if the Work has been reicc:ed by ENG:NFER. remove it from :he site and rcp!ace it w Ch rondefertit e Work. CONTRACTOR shall hear all circet indirect and consequen: al costs of such correc:fun or remova. lincludmg but rot !invited to fees and charges cl engineers, arch;lec:s, attorneys and other protes- sionals) made necessary there^y, One Year Correction Period: 11.12. If within one year after the date of Su; stantial Completion or such l..neer period of time as may re pre- scrbed by Laws or Regu.c.Cons or by the terns of any app;i. cable special guarantee requred by the C,tn:-act Documents or by an specihe provision of the ('ontr ct Documents. any Work is found to be dr/ectn e. CONTRACTOR '•tall rrornptly. without cost :o OWNER and in accordance with OWNER'S wntlen instructions, eltnci correct such deli ('rive Work, or, if it has been re,cc:ed by OWNER, remove it from the site and replace is with nunde!iuit e Wort. If CONTRACTOR does not pronp::y comply w,ih the :erns of such instructions, or in an emergency where delay would c, -.use serious risk of loss or danage, OWNER may have the dr/ect 'e Work cor- rected or ale -ejected Worn removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (incuding hut not limned to fees and charges of encmeer%, architects, attorneys and other professionals) will be pa:d 'v CON1:R ACTOR. In spec::,) circumstances where aparII:tierItem i'f equipment is plac:d in continuou ,erx ice befo-c uhctantial Con' plc: ion cia I the Work. the co' rcction period lo: that item rn;,; stint :,t r.t it from an earl icr date I so pr.r, idea in the Sr cc;licati,.ns o• .y \vri::er ,\nicndmcnt. a rrrpran, e of Deferr, i e 11 art: I? I1. :f, nstc:.d ail requciri: cart. ction Cr rcnos. I and -ep ,icenent of •/,'!:(tiro \work, Oil \N ER (:,n.:, rrr.•r to EiNOI\'I ER's ir[onrcnca:-on of I nil pisment, also EN(il N L ER i prNcrs to „coop[ n. OWNER ntar do so. CON- rR ACTOR shall tear all d root, indirect and cnnsequen:iat I 25 I I I I I I I I I I I I I I I I I costs attributable to OWNER's evaluation of and de:ermi- nation to accept such. defective Work (such costs io re approved by ENGINEER as to reasonableness and to inc1Lde 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 recommerdation of final payment, a Change Orderwill he issued incorporating the necessary revi- sions in the Contract Documents with respect to :he Work; and OWNER shall be entit:cd to an appropriate decrease :n the Contract Price. and, if the parties are unable to agree as 10 the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER Slav Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonab:e ::mc after written notice of ENGINEER to proceed :o correct and to correct defective Work or to remove and rep.ace rejectee Work as required by ENGINEER in accordance with para- graph 13.11. or ;f CONTRACTOR fails to perform tae Work in accordance with :he Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OW NCR may, after seven days' writ - ter. notice to CONTRACTOR, correct and re:ncdy any sLch defic:ency. In exercising the rights and remedies Lnder this paragraph OW NER shall proceed expeditiously. To the exien: necessary tocorrp'ele correc: ve ar.d remedial action. OWNER may exclLde C 0N7 RACTOR from al. or part of the vie, take possession of all or part of trig Work, and sdspend CON- TRACTOR'S services related thereto, take possession of CONTRACTORtools, appliances. construction cq,:rpnteat and machinery at the si:c and incorporate .n tae Work a.l materials and equipment stored at the site or for ys high OWNER has paid CONTRACTOR hLt which are stored elsewhere. CONTRACTOR shall allow ON NER. OWNER's represen- tatives. agents and employees such access to the sue as may be necessary to cnah.e OWNER to exe:crse the ngh:s and remedies under :his paragraph. All direct. utdirec: and con- sequential costs of OWNER in exercisirg such rights an. remedies wilt be charged against CON I RACTOR :n an amoarl approved as to r easonableness by ENGI N h LR.: nd a (' hanee Order w:II be issued incorporating the necessary rcvisions in the Contract Documents with respect to the \% irk: and OWNER shall be en:it.ed to an appropriate decrease r the Contract Price. and. if the parties are unah c to agree „s to the amount thereof. OWNER may make a claim the -do- as provided in Article II Such dress. indirect and tor..%equen- tial co sis w ill include but not he :united to tees aid cnarces of cngrncer s, archaec ts. attorneys and o:'icr prole•si,tn,d'. all cunt and arbitration costs and all costs of rcrair ..nd rerlaeement or tcorK Of other% .: C4r.e)ed or damc,eed by correction. :eniuval or rep:..ccnen: of CON IRA('I)Rs denrtn•e Work. ( O\;'RAC'JOR shal. n'l he al.oyse,: ;.n extension of the Con:r:.c: Tune because of any de dt .n rer- forirance ofthe Work attr;l'i:i;, le to:he excrnsc by OWNER of OW\'ER's rights and remedies hcreu-idcr. ARTICLE 14—PAVMIENTS TO CONTRAC'I OR AN1) COMPLETION Schedule of Values: 14 I. The schedule of %alucs establ shed as provided in paragraph 2.9 will serve as the bas:s for progress payments and will he incorporated into a form cf Apphe a:on far Pay- ment acceptable to ENGINEER. Ptccress payments on account of Unit Price Work will he based on the number of units completed. Application for Progress Payment: 14.2. At'east twenty day s before each progress pay rr,ent is scheduled (hut not more often tsan once a mcnrti, CON- TRACTOR shall submit to ENGINEER for re%iew an Apali- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the gate of the Application and accompanied by such supporting documentation as is required by the Con:rac: Documents. If payment is requested on the basis of materials and equpment no: ncorporated in the Work but delivered and suitably stored at the site or at another location agree:.' to in w:mng. the Application for Payment sha I also be accomnanred y a hi of sale. invoice or other documentation warran::ng that OWNER has received the materials and equipment free and clear of a.l hens, charges. securty interests and encumbrances is hick are hereinafter in these General Conditions referrer to as "Liens") and evidence that the materials and egwarrent arc covered by appropriate property insurance and other arrangement% to protect OWNER's interest :herein. all of whecn wi:l be sat. isfactory to OWNER. The arroan: of retiunaee wi:h respect to progress payments will be as snpulated in :he Agreement. CONTR4CTOR's Warranty of Title: 14 3. CONTRACTOR warrants and guarantees that :ale to all Work, materials and equ-pment covered by any Appli- cation for Payment- whether mcrurorated in the Project or rot, will pass to OWNER no la:er than. the ::me cf payment free and clear of al: Liens. Re'-sewof.4 pplications for Progress Payment: 14.4. ENGINEER wi I. wahm ten days after receipt of each Ap p icaion for Payment. either mdicmc in wrung a rccumnterdation of payment and rrese-it the Arplication to OWNER. or :eturn t' c Appl,cat:or. to CON 1-RACTOR indi- catrg In writing EM; INiER's reasons for idusme to ree- orrmerd pa% ment. In the la::cr case. CON TRACTOR may make the necessary corrections and revthmrt the Apr lica- : on re-i ,:.n s alter rie,enlnno-i Ad the Arnccaiion for P:.v- mect yynh LNGINLER's recommzndauon.:1-c anicunt rec- omrncn: ed will (Nu-jecl to the pro%isions oft he I.r st sc ntc nee of rarazrph 14 7t heconc .lug aid w hen due wd: he pod by OL1 NIL]( Ic CON I RAC IOR 14 S. ENGI\EER's recommcn.:auon of any payment requested in an App ication for Payment mid consti:dte a 1 26 I U Ii I L I I L] I i [I 111 I [1 I i Ii I represent a: ion ny ENGINEER to OWNER. hase;i en FNG:- NEER's on -sae observaticm of the Work n r recress as an experienced and qualdied decien p-ofesctonal and on ENGI- NEER's review of the Application for Pa}me-it an the accompanying data and schedu:es that the Work has pro- gressed to t'ie point indicates: that, to the best of ENGI- NEER's knowledge. information and belief. :he cual;ly of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a furctionirg w hole 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.i0, and to an} other qualifi- cations stated in the recommendation t: and that CON I'RAC- TOR is entitled to payment of the amount recommended. However. by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might enti::e CONTRAC- TOR to he paid additionally by OWNER or O\4NER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommencation of final payment will constitute an cdcrtional representation cy ENGINEER to OWNER that the conditions p.ecedert to CONIRAC- TOWs being enta.cd to final payment as set feria in par;.graph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend :he whole or any par. of any paymert if. in ENGINEER's or.mion. it wou!d he incorrect to make sucri representations to OWNER. ENGINEER may also refuse to teco-rrnend any such pay- ment, or, because of subsecuerily discovered evidence or the results of subsequent inspect ions or tests. -iullify any such payment previously reeontmerded. to inch extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 14.7,.1. the Work is dc;ert e. or completed Work has been damaged regLirng correction or rerlacement. 14.7.2. the Contract Price has teen redaced by Writ- ten Amendment or Change Order, 14.7.3 OWNER has been required to cores: defec- tive Work or complete Work in accordance will pa: agraph 13.14, or 147.4. of ENGINEER's ictua, knowledge or :tic occurtencr of anv tit the events ent.mc:ated ir p,.rtar:.pFs 15.2.1 throacn :5:.9 inc.usive. OWNER may refuse to ir:.ke payment of the lull arroan: recommerdca 1,y ENGIN!:LR rccause c'a.ms have been made aga.nst IiW'NER on account of CONTRACiOR's per- formance or furnishing of roe Work or Liens I'..ye teen ilea mco-inection with the Work or there are other items:rutln OWNER to a set-off against the amou•it recommended. but OWNER must give CONTRACTCR immediate written notice (with a copy to ENGINEERI stating the reasons for such action. Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for its inteneed use CONTRACTOR shall notify OWNER and ENGINEER ir. wntirg that the entire Work is sutstan:ia.ly complete (except for items specifically listed by CONTRACTOR as :ncompletel and recuest that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thei eafter, OWN ER. CONTRACTOR aid ENGINEER shall mace an inspection of the Work to deter- mine the status of comriction. If ENGINEER does not con. sicer the Work substantially complete. ENGINEER wi;l notify CONTRACTOR in writing giv'ng the reasrns therefor. If ENGINEER considers the Work suhstantial.y complete. ENGINEER will prepare and deliver to OWNER a te-itat.ve certi5cate of Substantial Completion which shall fix the da:e of Substantia. Ciap!e:•on. ':here sha.1 he attacncd to the cent;ticate a :ertative list of items :c he completed or cor- rected betcre final payment. OWNER shat have seven days after receipt of the tentative certificate durirg which to make wnt:en objection :o ENGINE I:R its to any r.rovisiens of me certif.ca:e or ar:ached list. It. after considerirg such objec- tions. ENGINEER condades mat the W'arx is not su^stan- tially complete. ENGINEER w.t:l ui:rim fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in can:me. stating :sic reasons therefor. If, after eemideri.iior or OW'NER's objections. ENGINEER considers the 't'ore surstan:.a.ly cotrple:e. ENGINEER wil. with.n said fourteen days execute and de.iver to OWNER and CONTRACTOR a derinitise ccnifcatc of Substantial Completion iwuh a revised tertatiye lis: of items to be com- pleted orcorrected) reflecting such changes rrom :e tentative certificate as ENGINEER telievec •u%t:fied after consider- ation of any objections from OWNER. At the time of delivery of the tentatise cerrificaie of S.rhstartial Comple:can ENGI- NEER will deliverto OWNERanc CONTRACTOR a written recommendation as to division cf responsibilities pending final payment be:weer. OWNER and CONTRACTOR with respect to security, opera:can. safety. maintenance. heat, t.ulities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in w. icing and so inform ENGINEER prior to ENGINEER's issuing the dctininve certificate of Substantial Ccmp!c::on. ENGINEER's afore- said recommend..tior rail •:e hindirg an O\\'NER and CON- TRACTOR until tirai pay ment. 14.9. OWNER shal. Iase :tic :i tit :' eseh.dr (ON- TRA('TOR from the \\ nrk a;er :he date et ut.ta n:.ri Cori• pletion. hu: OW NCR shall allow CONTRACTOR teason,rrle access to complcic or:o•tect :cars on lac tcn:atite i,st. Partial t'tilr;ation: 14.;:). Use by(W.NERofan' `nshedram: ofthe\Cork, which has specihc:.11y bean ident:fed in the Corti ict Docu- 1 27 I I C I I I I II I I I I I L 11 I I ments, or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately fur.ctlonir.g aid useable part of the Work that can be used by OWNER without sig- nificant interference wnh CONTRACTOR's performance of the remainder of the Work. may ce acco-rtpli,ned prior to Substantial Completion of all the Work subject 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 belie%es to be ready for its intended use and substar.tially complete. If CON- TRACTOR as ees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certthca:e of Substantial Completion for that part of the Work. CON- TRACTOR at any time may nctify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and rcquesi ENGINEER to issue a certif- icate of Sabs:artial Completion for that part of the Work. W :thin a reasonable time a.`.er either such request. OWNER. CONTRACTOR and ENGINEFR shall make an inspec- tion of that part of the Work to dc:ermine its status of completion. If ENGINEER does no: consider that part of the Woru to Se substan:raily comp!c:e. ENGINEER will notify OWNER and CONTRACTOR in writing g:ving the reasons therelor. If ENGINEER ccmidei s that part of the Work to he substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with : espcc: to certification of Substantial Completion of that pan of the WorK and the division of recponsibiiity in respect :'icreof and access thereto. 14.:0.2. OWNER may a! any time request CON- TRACTOR in w:itir.g to pernit OWNER to take o'er operat:n of any such part of the Work although it is not subslantia!y complete. A copy of such request will ee sent to ENGINEER and within d reasonable time there- after OWNER. CONTRACTOR and ENGINEER shLll make an irspection of that part of tFe Work to determine its status of completion and w d: prepa7c a list of the hems remaining to be completed or cerected thereon t-efo-c final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for cepara:e operation by OWNER. ENGINEER wili f.nalite tae I:st of items to he completed or corrected and will deliver such list to OWNER and CONTRACTOR together wuh a 'snuen recommendation as to the din ision of responsihi ities pcndine hna p;.ynen: between OWNER and CONTR.CTOR wnh iesrcci to sec ui.fy, oncrar on. safety. ma. n:emince . utit lies. insur- ance. warran:res and gua: an:ees for th,r Inn tit Ili: W.'rK which wdbecome hindiri: p.'n t)W\PR and CON- TRACTOR at the : me when OW NCR : rkcs o'cr sick oper;,iion i un es' they' sh,'l horse : Ilier.' se , gi eed ii .r t- ingand so informed ENGiNIELRI DLrnc such orera: or and pr:or to SLbs:,InL:.I Complctio-i of 'uch p„rt of I;ie \\o -k. OWNER shall ulh'w CON 1'it.\C'1'(:X reasonable access to complete or correct items on said hs::.n.: to complete other re.a:e:: Work. 14.10.3. No occupancy or separate operation of par: of the Work " di ae accomrl shed p: ror to ccrrp lance with the .eguiremerts of paragraph S.:5 n respect of property insurance. Final Inspection: 14.11. Upon written ro:ice from CONTRACTOR that :he entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspec:Eor. w its OWNER and CON- TRACTOR and will notify CONTRACTOR in venting of all paaicu:ars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such def.- clencies. Final Application for Payment: 14. After CONTRACTOR has coatrleted all such cor- rections:o the satisfaction of (ENGINEER and delisered all maintenance and operaling irs(ructions. schedules- guaran- tees. Bonds. certificates of inspection. marked -up record documents (as provided in paragraph 6.19) and other docu- ments —all as required by the Con:•act Documents, and after ENGINEER has ir.dicatec that the Work is acceptah,c (sub- ject to the provts:or.s of paragraph i4.1A. CONTRACTOR may make apphca:ion for final paymert following the p:o- ceeure for progress payments. The final Application for Pay- ment shall be accompanied by al documenta:ror caled for in one Conti ct Documents, together w it•i complete and legally effec:ive releases or wavers tsatislac:ory !o OW'NERi of ell Liens arising out of or filed in cennecuon'snh :he Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furn.'h receipts or releases i'l full; an afftdav:i of CON- TRACTOR that the releases and receipts inc:uJe al: la:or. services, material and equ;pmen: for which a Len could be filed. and that all payrolls. material and egLipmert hills, and other indebtedness connected with the Woik for which OWNER or OWN ER's property might in any way he respon- sible, have teen pa:d or other'ise satisfied; and canseri of the sure:, if any. to final payment. E: any Suhcor.racio: or Supplier fails to furnish a release or receipt in full. CON- TRAC'IOR may furnish a Bond or other collatcra; sansfac- tory to OW NER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.1?. If, tin the Fasts of ENGINE?!'R's ob%e-'atinn of the Work du: irg constrLc: or and tn.d inspecnon. :,nJ ENGI\EEER's rev,cw ,'1 the fn d .\pp I,atiun Ior Pa'mc-II and accrrrparyng documentation- al .s requ.red by the Con tract Dc cumcn:s. LNGINC}:R is ,IlsLcd :'Lit the Work has 1-cen corrr!c:cL and ('ON: R.\C aiR's o:hrr ophgatt.'ns under the Canty c: Doci menu ha'c been I..lti lcd. I.NC; I NCI R wd . s'ithn ic-i d.1'' ;.l:e- icceirt of the I -nil .\rp I - cation for Payment. indicate •n "rune I NCINFEk's icc- crrmerd.iti.m of pa mint ..nd prc'en: ffc .\,^r,i.:.uui to OWNER Itir pas pent Thcrc.gx•n I-\(iINF.E.R veal use written notice to ( ri\ N!:R and CON ITi \CTOR Ilia: the Vs ar k is acceplahle subject to the proyisuns of parag-app 14 In I 28 I I I I I I I I I I I I I I [1 I Otherwise. ENGINEER wi.l retcrr. the Appacation lo CON- TRACTOR. indicating in writing :he reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Arp.i- cation Thirty days after presentation to OWNER of the Application and accompan)rlg documentat on. in apprcpn- ate form and substance, and wi:h ENGINEER's recommen- dation and notice of acceptabil:Iy, the amount recommended by ENGINEER will become due and will be paid by OW N ER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR. fna: com- pletion of the Work is significantly de:ayed 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 :'le Agree- ment. make payment of the balance due for that portion of the Work full) completed and accepted. If the remaining balance to beheld by OWNER for Work not fully comrletec or corrected is less than the retarnage stipulated in 'he Agree- ment, and if Bones hale been fLrr.i%hed as requires in para- graph 5.1, the written consent of the surely to the pay ment of the balance due for that por::or. of the Welk fully com- pleted and accepted shall be submitted ;y CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shad not cons:.Iute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR'S obligation to perform and com- plete :he Work in accorsance wits the Contract Documents shall be absolute. Neither recommenda::on of any prog•ess or final payment by ENGINEER, nor :'le issuance of a cer- tificate of Substantial Competion, nor an) pa)nent by OWNER toCONTRACTOR dnderthe Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any ac: of acceptance by OWNER nor any failure to do co. nor any review and approtal of a Shop Drawing or sample sLbmisslon. nor the issuance of a nonce ofacceptahikiv by ENGINEER pursu:mt to paragr:lph 14.;3. nor any correction of dcf'.rrire WorK by OWNER ui1:on- stitate an acceptance of Work not in accordance such the Contract Documents or a release of CONTRACTOR', oh - gallon to perform the Work in accordance w ith the Contract Documents (except as prodded in paragraph ;4.16). Waiver of Claim:: 14.16. The maklrg and a..:ep:arcc of final rmraent "ill constitute: i4.16 I. a maser of al J.:Ims r: OWN I -R ,.al sl CON 1R.\CTOR. escort t•..ur.s .enm4 from .m -ell cd L en'.. trom drlef rite Wrrk apre, r.nc ..IIer hnal I ;•rec- non par,u.lrit to par. inph 14.. 1 or f•n11 L.iL re to col» r ly with the Contract Documents or the :erns or any spct J gaaranlees spec6c.: m •:hel: howcmti ce-. it wi I not eo- lute a wa 'Cr by OWNER of an% r sits in resre:l of CONTRACTOR'S. corlmumg orllga:iors under the Con- tract Documents, and 14.162. a waiver of all claims by CONTRACTOR against OWNER other than those preciously made m w r.t- ing and still unsettles ARTICLE IS -SUSPENSION OF WORK AND TERMINATION Owner,tfar Suspend Work: 15.1. OWNER may. at anytime and without cause, sus- pend the Work or any portion thereof for a period of not more Ihan ninety days by notice in writing Io CONTRACTOR and ENGINEER which wi.l fix the sate on which Welk wilt he resumed. CONTRACTOR ,hall resume the \\ o: k on the date so fixed. CONTRACTOR shall be a.lowed an increase in the Contract Price o: an extension of the Contract Time. or both. directly attnbatable to any suspension if CONTRACTOR makes an approved claim therefor as prodded in Art:c•es II and 12. Owner May Tennmate: nave: 15.2. Upor the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences acolun:arvcase un,cr any chapter of ::le Barknp:cv Civic Title II. Umled States Code). as now or hereatter in effect, or if CON- TRACI'OR takes any equicalev or similar action by fling a petition or otherwi,c censer any other federal or state law in effect at such time relali-ig :o :he rankrup:cy or insolvency; 15.2.2. if a petit or is filed against CONTRACTOR under any charter of the Bankruptcy Code as now or hereafter in c:feci at the time of fling, or if a pct.uon is filed seeking any such egatcalen: or vmilar re ief against CON I R ACl OR i n.:cr any other federal or ,ta:e law in effect at the time relating to bankruptcy or ir.so,vency, 15.2.3. ifCON'TRACTORm.ikecagene:alassignment for the _`enef.r of cred:ton: 15.2.4. If a :ru,rec. rcce:ver. cos:odi n or Agent of CON] RACTOR.s:,prolmed unan appa:.,M: law of tin: er eontr,lc:, whose appoul'ilenl or , iii hnasty to take char re of rlrrertt of CONTRA( ICIR is for :'1e ru-rrse cf enforcing a : pen aeamsl such -port It or 'er fhe rLi: post U' ,:,nC:.,I .id:11191, "a1101.'l suc'1 rr'perIi :JI X92 her.Cal of CON 1RA( IOR's rcd.iors: :s.: '. 'fCC ONTR: l'OR a; nins ,n wrl:int. ar mat:d. ny to par is de N' ecner..11} ,i they hc.urn: due: 15.2.6. d( ON: RAC :'OR rcrslslcvls lads ioperform the Work in accord:mte with the Contra❑ :)ocaments I 29 I J I I I I I I I I I I I I I I I I I (including. but not limited to, failure to supply st Ificiert skilled workers or suitable matcr.als or equ.pnen: n• failure to adhere to the progress schedule c<tablrshed ander paragraph 2.9 as resisec from time :o time): 15.2.7. if CONTRACTOR disregards Laws cr Regu- lations of any public body having jurisdiction, 15.2.8. if CONTRACTOR disregards :ne au:ho.-ity of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any prosis;or.s of the Contract Doca• meats. OWNER may, after giving CONTRACTOR hand the surely, if there be ore) seven days' written. notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTCR's tools, appliances, construction equipment and machinery at the site and use the same to the ful! extent they could be used by CONTRACTOR (without liabl.ly to CONTRACTOR for trespass or conversion), into: porate in the Work al: materials and equipment stored at the site or for which OW NER has paid CONTRACTOR bit which are stored a:scwhcre. and finish the Work as OW N1:R may deem expedient. In such case CONTRACTOR shal! not he entitle.: to receive any further payment until :he Work is finisied. If the .mraia balance of the Contract Price exceeds the direct .natrcct end consequential cos:s of competing the Work finc.u.:ing hat no: limited to fees and charges of ergmeers. archuec:,. atto-- neys and otter professionals and cot.rt and ar bit:ration costs) such excess win be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exerc:smg any rights or remedies under this paragrarh OWNER shall not he require. to obtain the lowest price for rte Work performed. 15.3. Where CONTRACTOR'S sentdcs have been so terminated by OWNER, the termination will riot affect any rights or remedies of OWNER against CON :'RAC -OR then existing cr which may thereafter accrae Ary retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liah.hty. 154. Upon sesen dayswritten notice to CONTRAC- TOR and ENGINEER. OWNER may. without cause and without pre:udice to any ot:rcr nght or remedy, elect to aban- don the Work and termirate the Agrcement. It.. such case. CONTRACTOR shall be paid for al. Work executed and any expense sustained plt.s reasonable termination expenses. which will include. but no: be irmttec to. d:rect. indirect and con- sequernal costs Iincluding, but not limned to. fees and charges of engineers, architects. attorreys anc Other professior.a:s and court and arbitration costs). Contractor May Stop Rork or Terminate: 15.5. If. through no act or taalt of CONTRACTOR, the Work is suspended fora period of more than ninety days by OWNER or underan orderof court orother public authority, or ENGINEER fa:ls to ac: en any Application for Payment within :hirty days alter it :s suhmt::ed. or OWNER faits for thirty days to pay CON I RACTOR any sum f.naly deter- mined to be due. then CONTRACTOR may, upon seven days' written no:ice to OW NER and ENGINEER. lernina:e the Agreement and recoser from OWNER paymenu ror all Work executed and any expense sustained plus reasonable termination expenses. In addition and :n I.eu of :erm:nating the Agreement, if ENGINEER has failed to act on an Apph- cation for Payment or OWNER has stied to make any pay- ment as aforesaid. CONTRACTOR may upon se' en days' written notice to OWNER and ENGINEER slop the Work until payment of all arroants then dLe The pro%is.onc of this paragraph shall rot re!teve CONTRACTOR of :he oblieations under paragraph 6.29 to carry on :he Work in accordance with the progress schedule and without celay dur:ng disputes and disagreements wi:1 OWNER. [The rcma:-dcr cf :his page was kit blank in:entromiI.y.1 I 30 Fl 1 ARTICLE 16-AR131'IRATION F-] I I I I r� L I I I H I [1 I I I I 16 I. Al! claims, disputes and other matters in yt.estion between OWNER and CONTRACTOR arising ui.t of. or relating to the Contract Documents or the breach thereof (except for claims which have been waned by the making or acceptance of final payment as provided by paragraph 14.16) wilt be decided by arbitration in accordance with the ('on- struction Industry Arbitration Rules of the American Arbi- tration Association then obtaining subject to the Iimi:atiors of this Article 16. This agreement so to arbitrate anti 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 arbitratior. of any claim, dispute or other matter that is required to he 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 atter the parties have presented the:r evidence to ENGINEER if a written decision has not heen rendered by FNG:NEER before that dale. No demand for arbitration of any such claim, dispute or other matter will ^e made later than thirty days after the date on which ENGINEER has rendered a written decis on in respect thereof in accordance with paragraph 9 I I ; and the failure to demand arbitration within said thirty days' period shall result ;n ENG:NEER's decision being Final and rir.d.ng upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arcitra:ion nreceedings have been initiated, such decision may be entered as evicence ri.t w i!I no: supersece the arbitration proceedings. except where the decision is acceptance to the parties concerned. No demand for arbitra- tion of any written decision of ENGINI:ER rendered in accordance with paragraph 9.10 will he made later than ten days after the party making Stich demand has deliserec writ- ten notice of in:enron to appea: as provided in paragraph 9,10. 16.3. Notice of the demand for arbi:ration will he filed .n writing with the o:her party to the Agr-emen: and wi:'i the American Arbitration Association. and a copy wi I've sent to ENGINEER for information. The demand for arbitration will be made within the thirty-das ur ten-day period specified in paragraph 16.2 as aptlicahle. an a in all other cases within a reasonah:e tine after the c:aim, dispute or other matter in question has arisen. and .n no event shall any si.ch demand be made after (Fe dale wher. institution of legal or equ:table proceedings based on such claim. dispute or other matter in question woolbe barred by the applicable stalute of limi- tations. 16.4. No arbitration arising out of or relacng to the Con- tract Documents shall mc!ude by concolidaaur.. joinder or in any other manner any other person or entity (including ENGINEER, ENGINE.ER's agents, emp:o)ces or cor.su!- tanis) who is riot a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to he afforded among those who are already paroes to the arb.traticn. 16.4.2. such other person or entily is sunstantially involved in a question of law or fact which is common to those who are already parties to the Mb traticn and which will arise in such proceedings, and 16.4.3. the written consent of:fie o:rier Person or entity sot-ght to he included and of OWNER and CONTRAC- TOR has been obtained for such ir.cli.sion, a hich consent shall make specific reference :o this ,-aiag-apn: but no such consent shall constitute consent to arbitration of any dispute not specifically describes in suca consent or to arbitration wnhany party not spcc:fica'lv deriffled in such consent. 16.5. The award rendered by :he arbitrators wi 1 he final, judgment may be entered upon it in any court has ing juns- diction thereof, and will no: be 'abject to nodificat.on or appeal except to the exte-it permuted ry Sections 10 ard I1 of the Federal Arbitration Act 19 U S C. ;i10,11. [The re-nainuer of this page was left plank inter tionaIlv.; 1 31 I I I [I I 11 I I' I I I F' I I I ARTICLE I" —MISCELLANEOUS Giving .'Votive: 17.1. Whenever ary p-osrs;o❑ of the Contract Dccu- ments requires the giving of wntten :route. it wd' he deemt� to have been validly g;sen if de.nered in person to them :o- vidual or to a member of the fi-n or to an officer of the Corporation for whom It is intended. or of de.lvered at cr sent by registered or cenrfiec mail, postage prepaid. to tnc last business address known to the invcr of the notice. Computarfon of Time: 17.2.1. When any period of lime is referred to in the Contract Documents by day s, it will he computed to exclude the first and :nclade :he last day of such pc-tad.:f the last day of any such period falls on a Saturday or SLncav cr on a day made a legal noiiday by the law of tae app,rcahle jurisdiction. such day wi,l he emitted from the computa- tion. 17.2.2. A calendar day of its enty -four roan measured from midn&ght :o the next rndmgnt snal, con%titutc a das. General: 17.3. Shoulw' OWNER or CONTRACTOR suffer in; rn- or damage to person or p-operte because of any en: +r. umis. sron or ac: of :he ether pant or of an% of the ethe- pony's em,-IoNces cm agents or others for scno%e acts :he other Party is legally ,rahle. claim will he made ir w-ilnp to the other rats W,lhir a reasonab c time of :!-.e frs: orsenar.ce of such rr;u-y or damage. The pros ivors of this parae-apn 17.i shall not be co'M1lraed 3y a 9tpstiILIC for or a waiver of the pro.c n;or,s of any apphcah:e statute of I m:ta:-ors or repose. 17.4 The dLries and Obligations imposed by these Gen- era, Conditions and the richts and remeetes asarlahle here- under to the parties hereto, and. in parrcalar but without linrtalron, tyre wa-ranties, gLrra•nees and oh'igations imp, std Lpan CONTRACTOR by paragraphs 6.30. :3.1. 13-:2. 13.14. 14.3 and 15.2 and all of the ngh:s and remedies asadahle to OWNER and ENGINEER Thereunder. are in addmon to. and a -e rot robe construed in anyway as a limitation of. any rights and remedies available to any or al, of them wmzh are n:hen, ice imposed or asailable .^•y Laws or Regulations, by special waranty or guarantee or by other provisions of tae Contrtct Documenss and :he provismis of this paragraph ss;'I he as effectise as if rerea:ec srecrricalls in :he Contract Documents in connection with each particuiar dun. oblica. ::on. ngt.t and remedy to which lhev app'. All rep-esenta. lions. warranties and guanntees mLde rr. the Contract Doc- uncnts will survive final payment and term nation or com- rle:ron of:he Agreement. 33 . . TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS SC -1 Definitions and Abbreviations SC -1 SC -2 Preliminary Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... SC -3 SC -5 Bonds and Insurance SC -3 SC -6 Contractor's Responsibilities SC -6 SC -7 Other Work...............................a...... SC -6 SC -8 Owner's Responsibilities . . . . . . . . . . . . . ...... a ........ a SC -7 SC -9 Engineer's Status During Construction SC -7 SC -11 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC -10 SC -13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work . . . . . . . . . a.... . . . as SC -11 SC-i . . Supplementary Conditions 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. -1 DEFINITIONS AND ABBREVIATIONS In addition to the provisions of Article 1, the following respective supplemental definitions apply: The words "OWNER" and "City" 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 I:ne of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement ' SC -1 Supplementary Conditions , 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 1or 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 I SC -2 I I Supplementary Conditions I I LI I -2 PRELIMINARY MATTERS Add the following language at the end of paragraph 2.2 of the General Conditions: 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 -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." SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and ' payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent will not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. Contractor's Liability Insurance Add the following paragraphs immediately after the respective paragraphs contained in ' SC -5.3 of the General Conditions: 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 WorkersCompensation 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: $ 500,000 Each Occurrence SC -3 Supplementary Conditions 1 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 paragraphs 5.3.3 through 5.3.6 o1 the General Conditions): $2,000,000 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: $1,500,000 $3,000,000 Property Damage: Each Person Each Occurrence $ 600,000 Each Occurrence or a combined single limit of $2,000,000. I L L C I L F L 1 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: ' 5_5 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shalt 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. I C L I SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5_6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and J SC -4 Supplementary.Conditions L I I L I I I I Li 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 "a11 - 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 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: Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. ' 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 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. I ' SC -5 Supplementary Conditions I SC -5.12 Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. C-5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. SC -6 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.' SC -7 OTHER WORK L: I Ti El 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: 1 SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by I I I I I H C I SC -6 H I .. Supplementary Qondrtipns ' 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. Q9 ENGINEER'S STATUS DURING CONSTRUCTION 1 C-9.3 Add the following language at the end of paragraph 9.3 of the General Conditions: SC -9.3 Duties. Responsibilities and Limitations of Authority of Resident Project Representative. General ' 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 •I Project Representative's dealings in matters pertaining to the cn-site Work shall, In general, be only with the ENGINEER and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full ' knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. Duties and Responsibilities of RPR 1) Schedules. Review the progress schedule, schedule of Shop Drawing ' submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. ' 2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3) Liaison. ' a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operatons. b) Assist in obtaining from OWNER additional details or information, when ' required for proper execution of the Work. 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. SC -7 Supplementary Conditions I b) Receive samples which are furnished at the site by CONTRACTOR, and 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. 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 I I I I I I I I I I I I [I I I I II SC -8 ' Supplementary & onditlons ' to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and 'equipment. 9) Rrts epo. ' 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. Iii) Certificates. Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR ' are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. ' 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit Ito 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: I. shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. SC -9 SupplementaryConditions I shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. 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. C-11 CHANGE OF CONTRACT PRICE SC -1 1.9.3 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, I I I 11 I I I I I 7 I I Li I I SC -10 S Supplementary Conditions SC -13.5 Tests and Inspections. Paragraph 13.5 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: 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. SC -11 I Section 100 Project Requirements I I I Ii I I I TECHNICAL SPECIFICATIONS SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEMS 2 AND 18B/C Contract Section II Fayetteville, Arkansas Project No. Fy-210 January 1992 PROJECT REQUIREMENTS A. SCOPE OF WORK The work to be done under this contract (Contract Section II) is 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 construction of work generally described as follows: Rehabilitation of approximately 6,000 linear feet of sanitary sewer lines by Insituform process, including all work required for a complete installation. B. SEQUENCE OF THE WORK The Contractor shall be responsible for completing Insituform process, including reinstating the existing service lines, all within one calendar day for each line segment shown on the Plans. The Contractor shall also be responsible for providing bypass pumping as is necessary during the time of construction. The Contractor shall notify the City of Fayetteville, Arkansas, and all sewered customers affected by the construction one day in advance of beginning work on the proposed line segment. 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 by permits obtained by the City of Fayetteville. All access to the rights -of -way across private property, other than along the route shown on the Plans, shall be exercised by the Contractor only after having obtained permission from each landowner for that particular access. 100-1 I Section 440 Inslufarrn B. MATERIALS Insitutube. The Insitutube shall be a resin impregnated flexible felt tube with a ' plastic coating on the outside layer (before inversion), and shall be fabricated to a size that when installed will tightly fit the internal circumference of the existing pipe. The length of the tube shall be as required to effectively span the distance between two manholes of the sewer line segment requiring rehabilitation. The Insitutube shall have a uniform thickness and shall be homogeneous across I the entire wall thickness containing no immediate or encapsulated elastomeric layers. No materials shalt be included in the tube that are subject to delaminaticn in the cured Insitupipe. The wall color of the interior pipe surface of the Insitupipe after installation shall be a light reflective color so that a clear detail examination with closed circuit , television inspection equipment may be made. 2. Resin. The resin system shall meet the requirements of ASTM F1216. I 3. Structural Requirements. The Insitupipe shall be designed as per ASTM F1216, Appendix X1. The design shall assume no bonding to the original pipe wall. ' The layers of the cured Insitupipe shall be uniformly bonded. The cured Insitupipe shall conform to the minimum structural standards, as listed below: Tensile Strength ASTM D-638 3,000 psi Flexural Stress ASTM D-790 4,500 psi Flexural Modulus of Elasticity ASTM D-790 250,000 psi 4. Testing Requirements Chemical Resistance. The Contractor shall certify that the Insitupipe shall meet the chemical resistance requirements of ASTM F1 216, Appendix X2. Samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that samples with and without plastic coating meet these chemical testing requirements. Hvdraufic Capacity. The Contractor shall certify that the Insitupipe shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. The roughness coefficient of the Insitupipe shall be verified by third - party test data. 1 Insitupipe Field Samples. When requested by the Owner, the Contractor shall submit test results from previous field installations in the U.S.A. of the same resin 440-2 , NauSldl ///S dMCM n AK " CMINUI Ydll N s 1 Fi 1 aAwls V N N I ''3 , N I " IXi AK w N N r r I i E a $1 (Ml AK LL7 Ii 1 q ; 1 .. • N I G y N ` xaaAAa 1 I. I y - AK u U \ U N J •.... .... • ............ 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Tl vL ; �1 sriawo Iy 1 • Section 440 • Insituform system and tube materials as proposed for the actual installation. These test results must verify that the Insitupipe physical properties specified in ASTM Section 5.3 have been achieved in previous field applications. Testing samples for this project shall be made and tested as described in ASTM Section 10.1. t C. EXECUTION 1. Installation Procedures a. Inspection of Pipelines. The pipelines shall be inspected by the Contractor with experienced personnel trained in locating breaks, obstacles and ' service connections utilizing color closed circuit television. The television camera used for the inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable ' to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100 percent humidity conditions. The color camera, television monitor, and other components of the video system shall be ' capable of producing picture quality to the satisfaction of the Owner's representative. A video tape before and after installation shall be provided to the Owner. ' b. Location of Service Lines. Only service lines which are active will be reinstated after the Insitupipe has cured. During the TV inspection the City • will assist in the location of active services by placing dye in the existing • service lines simultaneous with the N inspection phase of the lining process. The Contractor shall note these active services on a N inspection log for reference during the reinstatement process. The Contractor shall be responsible for coordinating the work between the Contractor and the Owner. c. Cleaning of Sewer Lines. The Contractor shall remove all internal debris from the sewer line and clear all obstructions such as dropped joints, ' protruding service connections or collapsed pipe. Sewer line cleaning shall be performed in accordance with Section 442 of these Specifications. If pre -installation inspection reveals an obstruction that cannot be removed ' by conventional sewer cleaning equipment, the Contractor shall notify the Owner so that the Owner may remove the obstruction noted. Id. Bypassing Sewage. The Contractor shall provide bypass pumping in order to eliminate sewage flow through a section or sections of pipe designated for Insituform. The bypass shall be made by plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle existing flows plus additional flow that ' may occur during periods of a rainstorm. The Contractor shall be responsible for correcting any problems or damage which may arise as a result of the pumping operations. 440-5 Section 440 , • Insituform 2. Installation of Insituform a. Prior to installation, the Insitutube shall be vacuum impregnated (wet -out) 1 with uncured resin. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through ' cracks and irregularities in the original pipe wall. A roller system shall be used to uniformly distribute the resin throughout the tube. b. The wet -out Insitutube shall be inserted through an existing manhole by means of an inversion process utilizing vertical inversion standpipe. A sufficient hydrostatic head shall be applied to fully invert the Insitutube to the next designated manhole and hold the tube tight to the existing pipe wall. c. The inverted tube shall be cured utilizing hot water. The Contractor shall ' provide all necessary equipment and appurtenances for delivering hot water throughout the pipe section at a temperature as recommended by the resin manufacturer. The cure period shall be of a duration recommended by resin manufacturer. d. After curing, the hardened Insitupipe shall be cooled down to a temperature I below 100^F. The static head in the inversion standpipe shall be maintained until cool -down process is completed. e. The finished Insitupipe shalt be continuous over the entire length of an inversion run and be as free as practicable from visual defects such as foreign inclusions, dry spots, pinholes and delamination. It shall also meet the leakage requirements or pressure test specified below. 3. Sealing Insituform at Manholes. The Contractor shall apply a seal at the manhole , wall/pipe. The seal shall be of a resin mixture compatible with the Insitupipe. 4. Service Connections. After Insituform has been cured in place, the Contractor ' shall reinstate the existing active service connections. This shall generally be done without excavation from the interior of the pipeline by means of a television camera and a cutting device. The Contractor shall have at least two complete working units plus spare key components on -site before each inversion. No additional payment will be made for excavations for the purpose of reopening connections, and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work, All services shall be reinstated within 24 hours after initiation of placement of the Insituform liner. ' 5. Testing and Inspection. Insitupipe samples shall be prepared and tested in accordance with ASTM F1216, Section 8.1, using either method proposed. , Leakage testing of the Insitupipe shall be accomplished during cure while under a positive head. i 440-6 1 Section 440 InsHuform 6. Visual inspection of the Insitupipe shall be In accordance with ASTM F1216, Section 8.4. After the work Is completed, the Contractor shall provide the Owner with a video tape showing the completed work including the restored conditions. Cleanup. The Contractor shall keep the project area in a clean, neat and workmanlike condition at all times. After the proposed rehabilitation has been completed, the Contractor shall clean the area affected by his operations. There Is no separate pay Rem for cleanup and this work shall be considered subsidiary to the rehabilitation method employed. I _ ' � Section 4,42 S/L Cleaning TECHNICAL SPECIFICATIONS CLEANING SANITARY SEWER LINES 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 cleaning sanitary sewer lines. B. CLEANING 1. Sewer Cleaning. The designated sewer manhole sections shall be cleaned using hydraulically propelled, high -velocity jet, or mechanically powered equipment. Selection of the equipment used shall be based on the conditions of lines at the time the work commences. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and the cleaning effort shall be abandoned and the Owner shall be notified. ' 2. Root Removal. Roots shall be removed in the designated sections where root intrusion is a problem. Special attention should be used during the cleaning ' operation to assure almost complete removal of roots from the joints. Any roots which could prevent the proper application of the Insitupipe shall be removed. Procedures may include the use of mechanical equipment such as rodding ' machines, bucket machines and winches using root cutters and porcupines, and equipment such as high -velocity jet cleaners. 3. Material Removal. All sludge, dirt, sand, rocks, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wetwells, or damage pumping equipment, shall not be permitted. 4. Disposal of Materials. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Owner. All materials shall be removed from the site no less often than at the end of each workday. Under no circumstances will the Contractor be allowed to accumulate debris, etc., on the site of work beyond the stated time. 5. Water. The Owner shall provide water for cleaning the specified line segments. The Contractor shall be conservative and not use unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. ' 442-1 Section 442 S!L Cleaning 6. Protection of Property. Precautions shall be taken to protect all private and public property from damage due to flooding or other problems associated with cleaning. The Contractor shall be responsible for all damage to public or private property associated with the cleaning operations. 1 I I 1 I I I I I I I i 442-2 C w „ Sectlon 1200 Methods of Payment I I I L I I LI I I I I I LL] I I L I 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 unit and lump sum prices bid under the various items of the Bid as hereinafter set out. Bid Items 1 2 and 3 - Sewer Pipe Rehabilitation by Insituform Process Payment for sewer pipe rehabilitation by Insituform process shall be made at the unit price bid per linear foot for the various sizes of sewer pipe rehabilitated, complete in place. The unit price bid shall be full compensation for sewer line cleaning, inspection, Insitutube installation, curing, televising before and after installation, testing, cleanup, and every item of construction not specifically set out to be paid for under other items of the Bid. Bid Item 4 - Sewer Service Reinstatement Payment for sewer service reinstatement shall be made at the unit price bid per each sewer service reinstated, complete in place. The unit price bid shall be full compensation for all labor, equipment, materials and appurtenances necessary for reopening of the existing sewer services as specified. No additional payment will be made for excavations, if required, for the purpose of reopening sewer service connections. I 1200-1 - • ' l >/ • (Instructions on reverse side) CHANGE ORDER PROJECT: Sanitary Sewer Renabil'tation ant Recorstructicn OWNER: City of Fayetteville (Name, 113 West Mountain Street Address) Fayetteville, Arkarsas 72701 CONTRACTOR: Insituforr Texark, Irc. 17988 Edison Ave. Chesterf`eld, MO 63005 CONTRACT FOR: ;124,4' . DATE OF ISSUANCE: July 21, 1992 1 OWNER's Project No. Fv-210 ENGINEER: McGoodwin, W'llians, & Yates 909 Roll'rg Hills Drive Fayetteville, Arkansas 727C3 $354,815.03 ENGINEER's Project No. Fy_ 7' n You are directed to make the following changes in the Contract Documents. Description: See Attachments Purpose of Change Order: Revise original contract dectsnent to neet actual installations. Attachments: (List documents supporting change) Change Order So, 1 CHANGE IN CONTRACT PRICE. Original Contract Price S 354,815.0C Previous Change Orders No. to No. S 0 Contract Price prior to this Change Order $ 354,815.00 Net loer:nae (decrease) of this Change Order $ 44.€O3.8C Contract Price with all approved Change Orders $ 310,214.2C CHANGE IN CONTRACT TIME: Original Contract Time 120 days -dais Net change from previous Change Orders 0 Contract Time Prior to this Change Order 123 days - daft NetA uggeaaoc(decrease) of this Change Order 97 Contract Time with all approved Change Orders 23 RECOMMENDED: APPROVED: by by EJCDC No. 1910.8-3 (1983 Edition) Prepared by the E,pneenJon: Can•ract Documert< Cnmmiure and ender'ed by The Aisociered Gene•at Contractors at Amenea CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This documcnt was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent Change Order if they affect Price or Time. Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the adminis- trative burden may lead to unnecessary disputes. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attach- ments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to price or to Time, cross out the part of the tabulation That does not apply. r Attachment Change Order 1 Pro'ec: Fy-21C The following changes are hereby incorporated into: Sanitary Sewer Rehabilitation and Reconstruction Bid Adjustment to Item Description Contract Price 1 DELETE - 4 L.F. of 12" Sewer Pipe Rehabilitation by Ins:tufern process <3N'C.00> DELETE — 44 L.F. of 10" Sewer Pipe Rehabilitation by :nsituform Process <2,552.00> 3 DELETE - 92 L.F. of S" Sewer Pipe Rehab:litat:on by Ins:tufcrm Process <_I 2hq SO> 4 DELETE - 136 Ea., Sewer Service Reinstatement <37.400.00> TOTAL <44,600.5C>