HomeMy WebLinkAbout140-95 RESOLUTIONRESOLUTION NO. 140-95
A RESOLUTION AWARDING BID NO.95-71 IN THE
AMOUNT OF $189,595, WITH A 10% CONTINGENCY
AMOUNT OF $18,960, TO McCL1NTON-ANCHOR;
AUTHORIZING THE EXECUTION OF A CONSTRUCTION
CONTRACT IN SAID AMOUNT: AND APPROVAL, OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The Council hereby awards Bid No.95-71 in the amount of $189,595, with
a 10% contingency amount of $18,960, to McClinton -Anchor and authorizes the execution of
a construction contract in said amount. A copy of the contract and bid tabulations are attached
hereto and made a part hereof.
Section 2. The Council hereby approves a budget adjustment in the amount of
$208,600 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 95066 by
decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget
adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 21st day of November , 1995.
APPROVED:
41.4“/LG'Ltri,_
• Fred Hanna, Mayor
•
•
City of Fayetteville, Atattma
Budget Adjustmdnt Patm
Budget Year
1995
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
November 7, 1995
Adjustment #
roject or Item Requested: t.
unding is requested for the Rockclt'Th`ttive Reconstruction Project.
Project or Item Deleted
None. Use of Fund Balance is proposed for this adjustment.
ustification of this Increase:
ockclrff Drive needs to be reconstructed and involves removal
nd replacement of existing curb and gutter and asphalt and the
istallation of a French drain.
Justification of this Decrease:
Sufficient cash and investments exist to fund this request.
Increase
Account Name Amount Account Number Project Number
treetImprovements 208,600 4470 9470 5809 00 95066
Account Name
'se of Fund Balance
Decrease
Amount Account Number Project Number
208,600 4470 0947 4999 99
e
pproval Signatures
partment 'Director
1dmm.
ANOM
Budget Office Use Only
A BCD
Date of Approval
Posted to General Ledger
Entered in Category Log
Budget Office Copy
BID: 95-71
DATE: 11/01/95
TIME: 02:00 PM
DESCRIPTION: IMPROVEMENTS ROCKCLIFF ST.
NO. BIDDER
1 TOMLINSON CONSTRUCTION
2 JERRY SWEESTER INC
3 MCCLINTON ANCHOR
CERTIFIED BY:
PJRCHAS NG MANAGER
1
,<, Z -c -6z --a 7 , -
WITNESS
CITY OF FAYETTEVILLE
113 W MOUNTAIN ST
FAYETTEVILLE, AR
BASE
PROPOSAL
$203,416.50
$191,831.00
5189,595.00
l- '16
DETAILED SPECIFICATIONS
AND CONTRACT DOCUMENTS
ROCKCLIFF RE -CONSTRUCTION
BID NO. 95-71
OCTOBER, 1995
OPENING: OCTOBER 30th, 2:00, ROOM 326
CITY HALL, 113 WEST MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS
5
r-3 CERTIFICATE OF INSURANCE 'OOdfl00
THIS CERTIFICA'E IS ISSLED AS A MATER OF INCORMA'ICN ONLY AND CONFERS NO RIGHTS UDCN ...HE CERT FICATE
HOLDER. THIS CERT FICATE CCES NO' AMEND, EXTEND OR A.TER THE COVERAGE AFFORDED BY THE POLICIES L:STED
BELOW
NAME ANC ADDRESS OF AGENCY
United Service
Post Office Box
Lexington, Kentucky
Agency,
INC.
11765
-PED
DIVISION
Inc.
40577
72702
COMPANY COMPANIES AFFORDING COVERAGES
LErER
A INSURANCE COMPANY OF NORTH AMERICA
B
C
D
E
F
G
H
NAME ANC
APAC—ARKANSAS,
MCCLINTON—ANCHOR
P.O.
240
FAYETTEVILLE,
NORTH
ADDRESS
BOX 1367
OF INS
BLOCK
ARKANSAS
This Is a ce•tify that po cies of nsararee listed be:ow have been issued to he insured named above and are •r force at this time.
COMPANY
LETTEDATE
TYPE CF NSLRANCE
POLICY NUMBER
POLICY
EXPIRATION
Limits of Liability in Thousands LC OCI
EACH
OCCURRENCE
PCL CY
AGGREGATE
A
GENERA.
iXi COMPREHENSIVE
LABILITY
FORM
-OPERATIONS
Ori ANO COLLAPSE
HAZARD
MAZAP0
-UAL YS.RAYCE
ORM PROPERTY
COY'RA: OPS
N.JLR"
LAB 26607
12/01/95
1 PERSONAL INJL.PY 5
1 BO' VCLUDING
OILY IN.URY
PROPERTY OAMACE S
S
PREM SES
X EXPOS
aHAZARD
LYD EPOROUND
MPgO3JCT5/COMPLr
Lr_p_! OPEgATONS
1 PERSONA. IN.URV•
1134
OPEPTVrr JDAMAGE s 1,C00 s 1,000
1 COMBINED
J COY -RAC
aT DAMAGer
X. YCEPENOEN
'XI PERSONA,
A
AUTOMOB
Eg COMPRE-EVS
LE LIABIL TV
vE FORM
LAB 26607 12/01/95
BODILY 1N.URv $
ODIL P EPSOM
BODILY IN-URm $
;EACH OCCURENCE)
lX. OWNED
X FIRED
'PROPERTY DAMAGE S
,900 LY INJJRY AND
'PROPERTY DAMAGE
COMBINED S 1,000
XNCN-OWNED
EXCESS
LIABIL TY
;ORM
'FAN LMBPE:LA PCAM
BOO'LY IYJJRY ANC 5
PROPERTY DAMAGE
COMBINED
S
SM9RE.,A
I OVER
WORKERS' COMPENSATION
and
EMPLOYERS' .LIABILITY
QUALIFIED
INSURERS
SEE
ATTACHED
SELF
STATUTORY
05/01/96
-
S 1,000
(EACH ACCIDENT)
5
S
S
S
DESCR P1•,0Y
ROCKCLIFF
CP OPERA' ONSI.00ATICNSIVEHIC.ES
RE -CONSTRUCTION
BID NUMBER 95-71
CANCELLATION SHOULD
EXPIRATION
WRITTEN
NOTICE
SHALL
OF
NOTICE
ANY
DATE
OF
THEREOF,
TO
IMPOSE
THE
THE
ABOVE
THE
BELOW
NO OBLIGATION
DESCRIBED
ISSUING
NAMED
CERTIFICATE
OR
POLICIES
COMPANY
LIABILITY
BE
WILL
HOLDER,
OF
ISSUED'DECEMBER
.041,..4...e....
CANCELLED
ENDEAVOR
ANY
BUT
KIND
BEFORE
TO MAIL
FAILURE
UPON
7, 1995
THE
30
TO
THE
DAYS
MAIL SUCH
COMPANY
NAME ANC ACDRESS
CI:'Y OF FAYETTEVILLE•
CITY ADMINISTRATIO
113 WEST MOUNTAIN
FAYETTEVIT.,F,
CERTIF CA -E HOLDEROATE
BUILDING
STREET
ARKANSAS 72701
•
dec:��
AJTHCP:ZED S GNATyRE
Form A-5 SID
(i)
(Certificate of ixttir.aritg (0.
(!)
_)
0 14
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:«,
(«),
,(!)
A Cc r c o r a t i o n having furnished this Commission a current financial statement !,
of its condition, from which it appears that unencumoered assets were on that date sufficient to meet re-
quirements of the Law relative to quaiifying as a self -insurer for workers' compensation purposes, and
having otherwise qualified for such privilege under the Arkarsas Workers' Compensation Law, is hereby
as a
Self -.insurer
urder
Arkansas Workers' Compensation Law
RENEWABLE
ANNUALLY
APAC-ARKANSAS, INC.
authorized to act as a self -insurer within the State for the year ending on the S t day of
`^. a y
196
9subject to the provisions and requirements of said Law.
(9;
i
9)
(3
111 1:1: ttnrss Mi: ijereaf we, the undersigned Commissioners of '«;
the Arkansas WorKers' Compensation Commission, have (!)
hereunto set cur hands and affixed the Commission seal (1)
this 28th day of April 19 95
(r);
,,:
(r);
P:ap
(!),
M
ffl
,
011
NIP
FORM OF ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we APAC-AP 1NC.. NCCLINTON-ANCHOR
DIVISION
a(n) Cc7To aticn *, herein called "Principal"
and ',TRFV' ATJTCAT TNS'RPANGE CC'YPAN bf Boston, Massachusetts , hereinafter
called the "Surety", are held and firmly bound unto the City of
Fayetteville, Arkansas, hereinafter called " wner" in the sum of
$ QP Rjj liur 1 ' i-� Nine ]ha .ase 1-1.3 Ninth Five. m1cddlars ($189.595.00 )
in lawful money of the United Stated, for the payment of which sum
well and truly made, said principals and Surety bind themselves,
their heirs, administrators, executors, successors and assigns,
jointly and severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the
Principal entered into a certain contract with the Owner for the
construction of A.ocKc1; ff Delve Pe -Construction
NOW, THEREFORE if the Principal shall well, truly and faithfully
perform its duties, all the undertakings, covenants, terms,
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
shall fully indemnify and save harmless the Owner from all costs
and damages 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, and shall promptly
make payment to all persons, firms, subcontractors and corporations
furnishing material for or performing labor in the prosecution of
the work provided for in such Contract and any extension or
modification thereof, all amounts due for, but not limited to
materials, lubricants, oil, gasoline, repair on machinery,
equipment and tools consumed or used in connection with the work,
fuel oil, insurance, rentals on machinery; also for taxes or
payments due to the State of Arkansas or any political subdivision
thereof which shall have arisen on account of, or in connection
with, the wages earned by workmen covered by the bond; and for all
labor performed in such work whether by subcontractor or otherwise,
then this obligation shall be void, otherwise to remain in full
force and effect.
The Surety agrees that the terms of this bond shall cover the
payment by the principal of not less than the prevailing hourly
rate of wages as determined by the Arkansas Department of Labor or
U.S. Secretary of Labor, whichever is greater, to all workmen
performing work under the contract.
21
•
•
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 of the specifications accompanying the
same, shall in any wise affect it's obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
or alteration or addition to the terms of the contract as to the
work or to the specifications.
PROVIDED FURTHER, that
the contractor shall
hereunder, whose claim
IN WITNESS
counterparts,
day of
ATTEST:
WHEREOF,
each of
, 19
no final settlement between the Owner and
abridge the right of any beneficiary
may be unsatisfied.
this instrument is executed in six
which shall be deemed an original, this _
•
SECRETARY (PRINCIPAL)
(SEAL)
Vitt
WITNES
ATTEST:
S TO PRINCIPAL
WITNESS AS TO
ATTORNEY IN FAC't'
AFAC-ARKANSAS, ?TC., MCCLIN^_ON-Ai;CHCR
(PRI C PAL) T -VISION
Bv: /intai74 . &led VtcE'llt6SWENi
(TITLE)
P.O. BOX 1367
FAYETTEVILLE, AR 75 <_
(ADDRESS)
(SURETY)/
Py • C,c,,,Q.-9 Hesa;.r
Carla Sue Eo"=is,(ATTORNEY IN FACT)
P.O. Box 550
Little Rock, AR 72203
(ADDRESS)
Date of Bond must not be prior to Contract Date and must include:
1. Correct name of Contractor
2. Whether Corporation, Partnership, or Individual
3. Correct name of Surety and correct name of Owner
5. Execution of bond by all Partners, if Partnership
6. Execution by Arkansas Local Resident Agency for Surety
BOND MUST BE FILED WITH THE CIRCUIT COURT OF WASHINGTON COUNTY
22
l THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: Thal Liberty Mutual Insurance Company rine •'Comoa-y"1 a Massac9usetis
mut..a Insurance company. purs..a-t :c anc ny aJthcrity o' re Hy -law and Aut^o•za:un hereinafter set to -t. does -e•eby -ame.
ccns:r.uteand appcinl KNIGHT CASHION, BENSON A. CASHION, MATTHEW KNIGHT CASHION, JR., WILLIAM R.
PLEGGE, CARLA SUE HOLLIS, SHIRLEY STAIN, ALL OF THE CITY OF LITTLE ROCK, STATE OF ARKANSAS , , ,
east indrndua Iv if :here be more :han one named Its Ir..r arc 'awl,. attorney -In -tad: to make. execute seal acKncw edge and de ver. for rid, or is
as surety and as its ac: and deec ary and al ..^certa•<ngs bonds. •ecogn za^yes and other surety obligators ^ the Pena sum no: exceeping
TWENTY-F1YE MILLIONDCl LAPS IS 25,000,000 copal. and 'he execution of such ponds o
•
rcerta•engs In pursuance of these preserts. she I be as :Hiding .icor the Company as .1 they rad been duly signed by the pres dent a .. attested `Nye
the secretary o' :he Ccnoa^y n tale r own crepe- rersc'•s
p That :1-•s tamer's Wade and exacted pu scan .o a u by aut „r t, ..f the lcllowry By- aw a^d Aul -or zany
a
e Aril CLE XVI - Fxea..uc^ o+ Contracts 7 Su
Sec t cr •ey Bonds am: Unde'a.rngs
tie
o::
C l0
TO 0
N ace_ to
a
c C By 3..mal
in" Ass s:a c.aiL
O ._
E�;
.1(11
Any of ref of cthee o+' coal of "he ffu•npany aut^o• zea Mr 'tat purpose n wMing by the crairna' o- the pesiden:. and s.rlect L. such
I n la'lors as tna c^a rna^ t:r the p•es'de^t may presc:•Ipe shal appoln' s..:r' atlorreys r -'act as nay ::e ^ecessary to ac: in be' -all of the
company to make. execute sea.. acknowledge a••c do Wier as surely any and all unde':akings, be^cs receg" izances and other surety
cc Iga+Ions Such attorneys- n fac' sunlec' to :he Irncut on,_ se f'. h In Ireir respective powers of atlor^ey, shall have 'ill pewee :o bind the
company by the r sgratcee am: exrc..tic^ cf any such InsleJmen:5 and to attar^ the•e:o t^c seal ol the company Wren so executed such
slrurrcrts s^a•1 be as hind. .p as II signed by the pres dent and alteslea by the sec'etary
By I -e 'ollrw rg rstrurrcrt re char man or 'te bresiden' •'as au+•orized :he price' n orcr otflcia named Here n :o appoint aftreys-n'act
Pu-suan' to Artit:le XVI Sccticn 5 c' re By laws. Ass sta-r Se-••e:ary Garret W EIII::11 s •lereby aJlhonzed to appoint s,.cn aticreys-n-'ae t
35 may be necessary to a-• n -e^all cf :he corrary to make. cxac.re. sea a:xnow ccge and de Iver as s..'ety any and a unde•+ak ngs.
roads rccc;rizances all (Pt e' sure'y obl gat ors
Ti -at 1^e By- aw and +he Authorizet on a::ovc set 'orth are :rue cup es "hereof and are ales n L'I fo-ce and elect
N W TV_SS W'HFPEOr 1" Is mslr,.ne^t alas peen subscribed ::y is authorized ohcel and the corporate see o' ?-e said Liberty Mu'uel Insurance
Company res been affixed t-ereto 111 P amou,h ,lee:Ing °ennsy'h'ania 1" s 21s1 day of Apri '9 95
JEEPTV I..TJAL INSURANCE GOMPAN"
COMMONWEAL TH Cr PENNSY, VANIA 55
COUN 1 Y Or MONTGOMERY
Cr IN; 2-st day of Ap- I . A.D 19 95 befc:e me. a Nclery Ps.; Ic personal y camp the r dividua . known lo
r^r.:o he the :herein de-,pubed Individual a -•a nN per c' Libe-:, Mull.al t^s.rance Company who executed the preckming Ins1L.ment. a -c -e a:Xnow'ec-
ged t^at he exec,.led IPc same and flat ?'c seal a9 xea to the said preceding-s'ri.ne-t is the corporate seal n` sac company. aid that said corporate
seal and •• s signature sucscrtbnd 1r cteto was d.. y affixed and subs -rep 'e the sa d rstrurrent by a.dho•I:y at drecl ion of tale said co -12,3^y
IN TESTIMONYM-4411-0F ' hotedrto set ny 1 and and affix my off o al sea at °lyrrout Meet ng. PA the day and yea' 'irst above wr tten
'7litifet y
Notofy :.n;i-
CEPTIFICA1 1-
1te undersigned. As-iSterf Secrctay c' I' erty Musa I^s✓a-oe Cnnca••y do `ereby certify that :he c^g nal power 01 attorney ol which the
'oregong 's a f 11. 'rLe and ccr'ec1 000y > 'ul 'otcc aro eVerl (111 re dale of :his cern¢ ate. and I do 11 rthe- certify tha: the off•ce• who executed the
sat: ::::Wel Of allor^cy was one n1 'he officers specie ly a.,1ho• zed by the chairman or the ores dens 0 appoint ary aaorey-r—'art as prov dad In A" Irle
XVI. Section 5 0• :he By .aws of L bail MI Lia nsu•ance Ccmpanv
cert fica'e may be s'gnea by 'ac Fir^ le ander a -a by aLtt:. tv df the fo lowing vote of the car o' d rectors of - berty Mu'ual Insurance
Cor'::a• y a' a ndetrg uuly railed and Feld on the 121- day of Mai oh '99:)
:hal the 'acs mi e a' mocha • ca Iy rep odur rd signature of a -y assist- rt secretary of :Le co -company wherever appea•'ng upon a certified
copy of ar-v ;.user of as:Fey s;na: by the cerrpany shal be valid and cn1'nq ..con trr, coiwilany with 11-e same 'orce and effect as
:hough ma -Lally af'n. ed
IN --ES--IVONv y.'HEFEor I have he•e..-10 subscr bed rry -ane
.d
affixed I^e -"-'•'••ale seal o: re sad i , r,..a y t s day ol
s, 'art Setif 'a-0
u e ;3J
THIS POWER OF ATTORNEY MAY NOT BE LSED 70 EXECUTE ANY BONO WITH AN INCEPTION DATE AFTER
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ADDENDUM NO, 1
ROCKCLIFF ROAD RE -CONSTRUCTION
BID NO, 95-71
The bid opening time and date is hereby changed from 2:00 P.M.
on October 23rd to 2:00 P.M., October 30th.
Don Bunn, City Engineer
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ADDENDUM NO. 2
ROCKCLIFF ROAD RE -CONSTRUCTION
BID NO. 95-71
1. The bid opening time and date is hereby changed from 2:00 P.M.
on October 23rd to 2:00 P.M., November 1st
2. The time set for ccmpletion of the project is hereby changed
from 60 working days to 75 working days.
Don Bunn, City Engineer
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N0v-21-1995 11:06 FROM FAvETTEU];_..E
T. 952:2626 F.02
MANGE ORDER NO. 3
BID NO. 9S-71
ROCzCLI77 ROAD RS-CONBTRUCTION
CLARIFICATION 07 SPECIFICATIONS
1. It is the intent of the specifications that the Contractor be
responsible for the setting of all grades and all surveying work
required for the job.
2. It is the intent of the specifications that the Contractor do
whatever is necessary to relocate or lower or otherwise protect
utility service lines which cross Rockcliff Road. No attempt was
made to determine how deep those lines are and whether or not
lowering or relocation is needed.
3. If the main water line near the east end of the project needs
lowering in order to do the work, a change order will be negotiated)
for that work.
4. whenever hillside is exposed to traffic for any length of time,
the Contractor must overlay it with a Class 7 base material to
prevent tracking of the red clay material.
TOTAL P 02
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Table of Contents
1. Advertisement for Bids 3
2. Instructions for Bidders 4-13
3. Statement of Bidder's Qualifications 14-15
4. Bid Proposal 16-18
5. Contract 19-20
6. Performance/Payment Bond 21-22
8. Standard General Conditions of the Contract 23
9. Supplement to the Standard General Conditions 24
10. Detailed Specifications 25-38
10 (a) Part I, Contract Stipulations 25-33
10 (b) Part II, Material Specifications 34
10 (c) Part III, Construction Specifications 35-38
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ADVERTISEMENT FOR BIDS
Rockcliff Re -construction
Bid Number 95-71
City of Fayetteville, Arkansas
Sealed bids for the construction of improvements on Rockcliff
Street will be received by the City of Fayetteville, Arkansas at
the Purchasing Office, Room 306, City Administration Building, 113
West Mountain Street, Fayetteville, Arkansas 72701, until 2:00 p.m.
local time on Monday, October 23rd, 1995 and then at said office
publicly opened and read aloud.
The proposed work generally consists of the re -construction of the
existing Rockcliff Street in place, and drainage improvements.
The Contract Documents, including detailed plans and specifications
for the work may be examined and obtained at the City of
Fayetteville Engineering Office, Room 004, City Administration
Building, 113 West Mountain Street, Fayetteville, Arkansas.
Each bid must be accompanied by a cashier's check or surety bond in
an amount of five (5) percent of the whole bid. Said bond shall be
issued 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
shall not be sufficient. In the event the successful bidder fails,
neglects, or refuses to enter into the contract for the
construction of said work and furnish the necessary bonds in
accordance with the Contract, the owner shall retain said check or
bond as liquidated damages.
All bids shall be sealed and the envelope addressed to the City of
Fayetteville, Purchasing Office, Room 306, 113 West Mountain
Street, Fayetteville, Arkansas 72701, and clearly marked on the bid
envelope shall be the following information: The Bid Number, the
project title, the date of the bid opening, the time of the bid
opening, and the bidding contractors's name and license number.
All bidders shall be licensed under the terms of Act 150 of the
1995 Acts of the Arkansas Legislature. No bidder may withdraw his
bid within sixty (60) days after the actual date of bid opening.
The City of Fayetteville reserves the right to reject any and all
bids, and to waive any formalities as deemed to be in the best
interest of the City of Fayetteville.
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INSTRUCTIONS FOR BIDDERS:
1. Defined Terms. Terms used in these Instructions to Bidders
which are defined in the Standard General Conditions of the
Construction Contract shall have the meanings assigned to them in
the General and Supplementary Conditions. The term "Bidder"
means one who submits a Bid directly to the Owner, as distinct
from a sub -bidder who submits a bid to a Bidder. The term
"Successful Bidder" shall mean the lowest, qualified, responsible
and responsive Bidder to whom Owner (on the basis of Owner's
evaluation as hereinafter provided) makes an award. The term
"Bidding Documents" includes the Advertisement or Invitation to
Bid, Instructions to Bidders, the Bid Proposal Form, and the
proposed Specifications and Contract Documents (including all
Addenda issued prior to the receipt of Bids).
2. Copies of the Bidding Documents. Complete sets of the
Bidding Documents in the number and amount, in any, stated in the
Advertisement to Invitation to Bid may be obtained from the
Engineer upon request.
Complete sets of Bidding Documents must be used in preparing
Bids. Neither the Owner nor Engineer assumes any responsibility
for error or misunderstandings resulting from the use of
incomplete sets of Bidding Documents.
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. Oualifications of Bidders. When included with, and made a
part of the Bid Proposal, the Bidder must submit a completed
"Statement of Bidder's Qualifications" as part of the Bid
Proposal. The "Statement of Bidder's Qualifications" is required
to demonstrate qualifications to perform the Work and will be
used in evaluating all bids as a basis for award.
4. Examination of Contract Documents and Site.
4.1. It is the responsibility of each Bidder before submitting a
Bid, to:
(a) examine the Contract Documents thoroughly,
(b) visit the site to become familiar with local and
specific conditions which may affect cost, progress, safety,
performance or furnishing of the Work,
IFB-1
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(c) consider all Local, State and Federal Regulations and
Laws which may affect cost, progress, safety, performance or
furnishing of the Work,
(d) study and carefully correlate Bidder's observations with
the Contract Documents and
(e) notify Engineer of any and all conflicts, errors or
discrepancies in the Contract Documents.
4.2 Information and data reflected in the Contract Documents with
respect to Underground Facilities at or contiguous to the site is
based upon information and data furnished to the Owner and
Engineer by owners of such Underground Facilities or others, and
Owner nor Engineer does not assume responsibility for the
accuracy or completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.
4.3 Provisions concerning responsibilities for the adequacy of
data furnished to prospective Bidders on subsurface conditions,
Underground Facilities and other physical conditions, and
possible changes in the Contract Documents due to differing site
conditions appear in Article 4 of the General Conditons and any
associated Supplementary Conditions.
4.4 Before submitting a Bid, each Bidder will, at Bidder's own
expense, make or obtain any additional information, examinations,
explorations, tests and studies which pertain to the physical
conditions of the surface and subsurface at, or contiguous to the
site or other wise which may affect cost, progress, safety,
performance or furnishing of the Work and which the Bidder deems
necessary to determine the Bid for performing and furnishing the
Work in accordance with the time, price and other terms and
conditions of the Contract Documents.
4.5 Upon request in advance, the Owner will provide each Bidder
access to the site to conduct any observations, explorations and
tests as each Bidder deems necessary for submission of a Bid.
Bidder shall be required to fill in all holes and to restore all
property to its former condition.
4.6 The lands upon the Work is to be performed, rights-of-way
and easements for access thereto and other lands designated for
use by the Contractor in performing the Work are identified in
the Contract Documents. All additional lands and access thereto
required for temporary facilities or storage of materials and
equipment are to be provided by the Contractor. Easements for
permanent structures or permanent changes in existing structures
are to be obtained in advance by the Owner unless specifically
noted otherwise in the Contract Documents.
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4.7 The Bidder must satisfy themselves of the accuracy to the
estimated quantities in the Bid schedule by examination of the
site and a review of the drawings and specifications including
any Addenda. After bids have been submitted, the Bidder shall
not assert that there was any misunderstanding concerning the
quantities of Work or the nature of Work to be performed.
4.8 The submission of a Bid will constitute an irrevocable
representation by Bidder that Bidder has complied with every
provision and requirement of this paragraph 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 the Work.
4.9 The ADTD Standard Specifications contained in the "Standard
Specifications for Highway Construction", Edition of 1993,
publiched by the Arkansas State Highway Commission are referenced
and made a part of the Specifications and will apply to specific
instances and projects as noted on the Plans and within the
Specifications.
These Standard Specifications are available for inspection in the
Engineer's Office or may be obtained from the Arkansas State
Highway Department, Little Rock, Arkansas.
5. Interpretations and Addenda. All questions about the meaning
or intent of the Contract Documents are to be directed to the
Engineer. Interpretations or clarifications considered necessary
by the Engineer in response to such questions, and/or any
information deemed necessary by the Owner or Engineer, will be
issued by Addenda mailed or delivered to all parties recorded by
the Engineer as having received the Bidding Documents. Only
questions answered and/or other information furnished by formal
written Addenda will be binding.
The Point of Contact for questions and clarifications for this
specific project is Don Bunn, P.E., City Engineer (501) 575-8206.
6. Bid security. Each Bid must be accompanied by Bid security
made payable to the Owner in an amount od five percent (5%) of
the Bidder's total 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 and included) issued by a surety meeting the
requirements of the General and Supplementary Conditions.
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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 the Owner believes to have a
reasonable chance of receiving award may be retained by Owner
until the earlier of the seventh day after the Effective Date of
Agreement or the 61st day after the Bid opening, whereupon the
Bid security furnished by such Bidders will be returned. Bid
security with Bids which are not competitive will be returned
within 10 days of Bid opening.
7. Contract Time. The number of days within which, or the dates
by which, the Work is to be substantially completed are as set
forth in the Bid Proposal, Contract Agreement and Technical
Specifications.
8. Liauidated Damages. Provisions for liquidated damages, if
any, are set forth in the Bid Proposal and/or the Contract
Agreement.
9. Substitute or "Or -equal" items, The Contract, if awarded,
will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration
of possible substitute or "or -equal" items. Substitute or "or -
equal" items of materials or equipment, unless it is specified
that no substitute will be allowed, may be furnished or used by
the Contractor if acceptable to the Engineer. Application for
acceptance for possible 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 is set forth in Article 6.7 of the General
Conditions and any associated Supplementary Conditions.
10. Subcontractors. Suppliers and Others. The Contractor shall
not assign or sublet all or any part of this Contract without the
prior written approval of the Owner and Engineer. Nor shall the
Contractor allow any subcontractor to commence work until he has
provided and obtained approval of such compensation and public
liability insurance as required by the Contract Documents. The
approval of each subcontract by the Owner will in no manner
release the Contractor from any of his obligations as set forth
in the Contract Documents including the Plans, Specifications,
Contract and Bond(s).
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11. Bid Proposal Form.
11.1 All
contained
requested
bids must be made on the required Bid Proposal form
in the Bidding Documents.
from the Engineer.
11.2 All blank spaces
or type written, and the
executed when submitted.
required.
Additional copies may be
for Bid prices must be filled in, in ink
Bid form must be fully completed and
Only one (1) copy of the Bid form is
11.3 Bids by corporations must be executed in the corporate name
by the president or 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 also
be shown below the signature.
11.5 All names must be typed or clearly printed in ink below the
signature.
11.6. The Bid shall contain an acknowledgement 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 in the
lower left portion with the Project Title, Bid Number, Date of
the bid opening, time of the bid opening, bidding contractor's
name and license number. The Bid shall be accompanied with the
Bid Security and other required forms and documents
If the Bid is sent through the mail or
sealed envelope shall be enclosed in a
wit the notation "Bid Enclosed" on the
envelope.
other delivery system, the
separate sealed envelope
face of the outer
THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE
BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS.
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13. Modification and Withdrawal of Bids. Bids may be withdrawn
or modified by an appropriate duly executed document (in the
manner that a Bid must be executed) and delivered to the place
where Bids are to be submitted at anv time prior to the opening
of Bids.
If, within 24 hours after the opening of Bids, any Bidder files a
duly signed, written notice with Owner and promptly thereafter
demonstrates to the satisfaction of Owner that there is 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 shall be disqualified from
further Bidding on the Work provided under the Contract
Documents.
14. Opening of Bids.
aloud at the time and
of invitation for bids
will be made available
Engineer.
Bids will be opened and publicly read
location as specified in the advertisement
A tabulation of the amounts of the Bids
to the Bidders after preparation by the
15. Bids to remain subiect to acceptance. All Bids shall remain
subject to acceptance for 60 days after the day of the Bid
opening, but Owner may, at its sole discretion, release any Bid
and return the Bid security prior to that date. Additionally, if
deemed necessary by the Owner, the Owner and the apparent
Successful Bidder may enter negotiations to extend the time of
acceptance beyond the 60 days, with no changes in the Bid
Proposal or Contract Documents.
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 to the Work, to negotiate contract terms with the
Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional bids. The Owner
further reserves the right to reject the Bid of any Bidder if the
Owner believes that if would not be in the best interest of the
Project or Owner to make award to that Bidder, whether because
the Bid is not responsive or the Bidder is unqualified or of
doubtful financial ability, or of doubtful past performance, or
fails to meet any other pertinent standard or criteria
established by the Owner. Discrepancies in the multiplication
of units of Work and unit prices will be resolved in the favor of
the unit prices. Discrepancies between the indicated sum of any
column of figures and the correct sum thereof will be resolved in
favor of the correct sum.
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16.2 In evaluating the Bids, Owner will consider the
qualifications of Bidders, whether or not Bids comply with the
prescribed requirements, and such alternates, unit prices, and
other data, as may be requested in the Bid Proposal Form or prior
to Notice of Award.
16.3 Owner may consider the qualifications and experience of the
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 for in the Contract Documents.
Owner may also consider the operating costs, maintenance
requirements, performance data and guarantees of major items of
material 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 if
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.
16.5 If the contract is to be awarded, it will be awarded to the
lowest responsive, responsible, qualified Bidder whose evaluation
by Engineer indicates to Owner that the award will be in the beat
interests of the Project and Owner.
16.6 If the contract is to be awarded, Owner will give the
' Successful Bidder a Notice of Award within 60 days after the date
of the Bid opening. If deemed necessary by the Owner, the Owner
and the apparent Successful Bidder may enter negotiations to
extend the time of acceptance beyond the 60 days, with no changes
in the Bid Proposal or Contract Documents.
' 17. Contract Security. Article 5 of the General Conditons, and
the associated Supplementary Conditions set forth the 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 Aareenent 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
Contract Documents attached. Within 15 days thereafter,
Contractor shall sign, execute and deliver the required number of
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counterparts of the Agreement and attached documents to the Owner
with the required Bonds. Within ten (10) days thereafter Owner
shall deliver one fully signed and executed to Contractor.
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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."
Bidder who submit Bids in excess of $20,000.00 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 and Regulations governing labor. The
Contractor shall further agree to hold and save the Owner
harmless from the payment of any contribution under the State
Unemployment Compensation Act, and the Contractor agrees that if
he is subject to the Arkansas State Unemployment Act, he will
make whatever contributions are required under and by virtue of
the provisions of said Act.
21. Wages and Labor. Minimum wage rates shall be equal to the
basic rates as established by common usage in the city and
adjacent community for the various types of labor and skills
performed. In cases where wage rate determinations are specified
in the Contract Documents, the rates as specified shall be the
minimum rates which apply to the Project. Whenever available,
the Contractor shall make use of local common and/or skilled
labor as is practical.
The Contractor and each subcontractor, where the amount exceeds
$75,000.00 shall comply with the provisions of Act 74, as amended
by Act 275 of 1969 (Arkansas Stat. 14-630). The provisions are
summarized below.
The Contractor and Subcontractor shall:
1) pay the minimum prevailing wage rates for each craft or
' type of workman and the prevailing wage rate for
holiday and overtime work, as determined by the
Arkansas Department of Labor,
' 2) post the scale of wages in a prominent and easily
accessible place at the site of the Work,
3) keep an accurate record showing the names and
occupation and hours worked of all workmen employed by
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' them, and the actual wages paid to each of the workmen, which
records shall be open at all reasonable hours to the inspection
of the Department of Labor or the Owner, its officers and agents.
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A copy of the prevailing wage rates for this specific project, as
established by the Arkansas Department of Labor, is attached in
the Contract Documents immediately following the Instructions to
Bidders.
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
subcontractor has been, or is being paid a rate of wages less
that the rate of wages required by this Contract, the Owner may
by written notice to the Contractor, terminate the Contractor's
right to proceed with the Work or such part 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 costs
occasioned thereby.
22 compliance with Act 125 Arkansas Acts of 1965. The
attention of Bidders is called to the provisions of Act 125,
Arkansas Acts of 1965. This act provides for the payment of
certain taxes on materials and equipment brought into the State.
It further provides for methods of collecting such taxes. All
provisions of Act 125, Arkansas Acts of 1965 shall 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 employees, whether such employees are residents
or nonresidents of Arkansas.
and Administration of Act 162. Arkansas Acts of 1987. The
attention of all non-resident Bidders is called to the provisions
of Act 162, Arkansas Acts of 1987. This act provides for
nonresident Contractors and subcontractors notice and bond
regulations by the Commissioner of Revenues, Dept. of Finance and
Administration, P.O.Box 1272, Little Rock, Arkansas 72203 prior
to commencing work or undertaking to perform any duties under
contract within the State of Arkansas.
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attention of Bidders is called to the provisions of Act 190,
Arkansas Acts of 1993. In general, this act provides for the
subcontractors to provide to the General Contractor performance
and payment bonds, with certain regulations on form and time,
when the subcontractor's bid is in excess of $50,000.00.
26 Excavation Safety. The attention all Bidders is called to
the requirements of Act 291, Arkansas Acts of 1993 - Excavation
and Trench Safety. The current edition of Occupational Safety
and Health Administration Standard for Excavation and Trench
Safety Systems, 29 CFR 1926, Subpart P, is specifically
incorporated and made a part of these specifications and contract
documents as required by Arkansas Act 291 of the 79th General
Assembly of 1993. The Contractor shall be solely responsible for
the implementation of these requirements.
A copy of the OSHA regulations is included in this set of
specifications as Appendix A.
End of Instructions for Bidders
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APAC-Arkansas. Inc. • McClinton -Anchor Division • 240 North Block Street • PO. Box 1367
Fayeaevil e. Arkarsas 72701 • 1501) 52-3550
STATEMENT OF B::DER' S Qt;ALIFICA :0NS
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STATEMENT OF BIDDER'S QUALIFICATIONS
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All questions must be answered and the data given must be clear
and comprehensive. This statement must be notarized. If
necessary, questions may be answered on separate sheets and then
attached to this statement. The Bidder may submit any additional
information that he desires.
1. Name of Bidder.AP*C.,4-1/uvst.sar, hnt.•,, iLlco/,ntrr_Ane-liew t1F?
2. Permanent main office address and telephone number. Zoo l'Jrrth. B/oct STS
C.Zli✓L(.Zt , /hC ? Z 7 a z. 5 z l- 3 5 5 0
3. When organized. /4$ 0
4. If a corporation, where incorporated. f�e�4ccJa� G
5. Contractor's License number. ori8 4-lz9 S
6. How many years have you been engaged in the contracting
business under your present firm or trade name?
7. Contracts on hand. (Schedule these, showing the amount of
each contract and the appropriate anticipated dates of
completions, and a point of contact for references.)
8.
Have you ever failed to complete any work awarded to you?
!vo
9.
Have you ever defaulted on a contract?
If so, where and
why? No
10. Experience in construction similar in
project, along with the project owners and
size and scope to
engineers.
this
11.
List of major equipment available for
this contract.
12. Will you, upon request, fill out a detailed financial
statement, including credit worthiness, and furnish any other
information that
Qmay/be required f(A-_,.{by the Owner?
tt Dated at Zehrt4 ltd. S, ru�C..At this day of
lVi»sht ' 19g
Name of Organization: f�P/dt-A?,FLuultV,htc• /�(�(,hn A'4iZch>ry/�vtd!n
by /I/iI1 zli t- �
�{. I Title k e ?M 0c44_$
State of wyt.azcJ
County of ' l _ I1en ✓�
14
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sworn deposes and says that he (she) is the
of 4&i1-i (!MS s,1w., r
G)n/____ Contractor(s), and that answers to the
foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn before me this day of
19
Notary Public
My commission expires
(seal)
FW~
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BID PROPOSAL
(A Unit Price/Lump Sum Contract)
Proposal of APtC,41/C/sM≤/LS,vl44
hereinafter called Bidder, a Corpor
under the laws of the State of Del
or an Individual* doing business as
Place £p ')b
Date /1/
r'1U..:It/lrn-,ynGituv rirwrfly w ,
tion* organized and existing
ur w • a Partnership*,
TO THE CITY OF FAYETTEVILLE, ARKANSAS:
The Bidder, in compliance with your Invitation to Bid for
reconstruction of a portion of Rockcliff Drive in Fayetteville,
having examined the Plans and Specifications with related documents
and the site of the proposed work, and being familiar with all of
the conditions surrounding the construction of the proposed project
including the availability of materials and labor, hereby proposes
to construct the project in accordance with the Contract Documents
within the time set forth therein, and at the Unit Prices stated in
this Proposal. The Unit Prices given shall cover all expenses
incurred in performing the work required under the Contract
Documents, of which this Proposal is a part.
Bidder agrees to commence work under this Contract in
accordance with a written Work Order of the City Engineer and to
complete the work within the time given in Section 100, General
Project Requirements of the Detailed specifications.
Bidder further agrees to pay as liquidated damages (not as a
penalty), the sum of $ 500.00 per day in the event the project is
not substantially completed within the time specified.
Bidder acknowledges the receipt of the following Addenda:
I* Fill in applicable blank
I
Proposal -1
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IBid Quantity and Unit Price Schedule
ITEM DESCRIPTION UNIT PRICE EXTENSION
NO OF WORK ITEM (Figures and Words)
' 1. 2.760 Linear Feet, (S 700 ) JM (J,91/pa 4100 em $ I9.37.9,00
Curb and Gutter ////
' 2. 1.340 Linear Feet, (S IZ.•50 ) rWLidl1O/f&4B r`4y iusttf 750 QQ
French Drain 1
' 3. 4.300 Square Yards, (S 5.75 ) h/� eioI/eGti �1 ��1?CLNti1 Z4.7Zs•OD
Asphalt Paving
' 4. 4.200 Truck Yards, ($1500 ) 1719tw- auw nO PILL
Red Clay Gravel
(Hillside) r /
9. 850 Yards, Class (S Z8•ors ) /lit dolours 73,�+oao
7 Base (in place) CI
•
5. 200 Square Yards, UO��U�
Driveway Repl. ($35.60 _7�•QO
6. LUMP SUM, Zii'Z� ) L
Restoration of Land-
' scaped Areas, Final 4 ('o
Clean-up, Etc.
• /5� 59.00
• TOTAL BID PRICE.............-- $ t0
AMOUNTS ARE TO BE SHOWN IN BOTH WORDS AND FIGURES.
IN CASE OF DISCREPANCY, THE AMOUNT SHOWN IN WORDS SHALL GOVERN.
' NOTE: The cost of all work described in the specifications and shown on the
' plans or otherwise indicated shall be included in the Lump Sum and Unit
Prices shown above and no work will be paid for separately.
Proposal -2
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Bidder shall prepare a
described in Paragraph I of
shall be submitted with this
reserves the right to reject
bidding.
financial statement and equipment schedule as
the Instructions for Bidders. Such statement
Proposal. Bidder understands that the Owner
any or all bids and to waive formalities in the
Bidder
agrees that
this
Bid
shall
be
good
and
may not be
withdrawn for
a period of
60 calendar
days
from
the
date
set
for
receiving
Bids.
Upon receipt of notice of acceptance of this Bid, Bidder will
immediately execute the formal contract attached within and deliver to the
City a Surety Bond or Bonds as required in the Specifications along with
Certificates of Insurance.
The Bid Security attached in the sum of Five (5) percent of the Total
Bid is to become the property of the Owner in the event the Contractor is
unable to enter into a contract within 10 days from the time of Bid Award
notification.
Submitted by: /W Jtn4ni 4yicho, ff/ er(n
SEAL` ---
(if corporation)
If awarded the work, the following subcontractors will be used.
Propsal-3
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CONTRACT
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1. THIS CONTRACT executed this S*- day of Deceml,ef, 19 ?r
by and between The City of Fayetteville and aoP-Ar o«r, rn<. ntc%nf n
fr..Jn Dill' , the Contractor:
WITNESSETH:
For and in consideration of the payments to be made as hereinafter
set forth, the Contractor agrees to furnish all tools, labor,
equipment, materials, and supplies required to construct the
improvements described as
Rockcliff Drive Re -construction
for the City of Fayetteville, Arkansas, in exact accordance with
the City's Plans and Specifications for said improvements and the
Contractor's Proposal on file at the Office of the City Engineer,
which Documents are incorporated by reference hereto, subject to
the inspection of and to the complete satisfaction of the City.
2. The City agrees to pay and the Contractor agrees to accept
as full and final compensation for all work done under this
agreement, the Unit Prices and Lump Sum Prices named in the
Contractor's Proposal, such payment to be made in lawful money of
the United States, at the time and in the manner set forth in the
Specifications.
3. The Contractor agrees, for the consideration above
expressed, to begin and complete the work within the time specified
in the Proposal. Time is expressly made of the essence of this
Contract. If the Contractor shall fail to complete the work in the
time specified he shall pay to the City, as liquidated damages,
ascertained and agreed, and not in the nature of a penalty, the
damages specified in the Proposal for each day delayed, which shall
be deducted from the final amount to be paid under the Contract.
Extensions of time may be granted with waiver of liquidated damages
as provided for in the Specifications.
4. The Contractor agrees to furnish a Bond, with Surety
approved by the City and authorized to do business in the State of
Arkansas, guaranteeing the performance of this Contract, for not
less than one hundred (100) percent of the amount of this Contract.
Said Bond shall be conditioned on full and complete performance of
this Contract and acceptance by the City of Fayetteville for the
payment of all labor and materials entering
Contract -1
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into or incident to the proposed improvements and shall guarantee
' the work against faulty workmanship or materials for a period of
two (2) years after completion.
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5. The Contractor agrees also to carry Public Liability
Insurance, Property Damage Insurance, and Workman's Compensation
Insurance in amounts as required by these Specifications and by
State Law.
WITNESS OUR HANDS THIS DAY OF /1/nueM6et , 1988
CITY OF FAYETTEVILLE
AYETTEVILLE, ARKANSAS
At est: City Clerk By
Fred Hanna, Mayor
Traci Paul
APAC-Arkansas, Inc.
McClinton -Anchor Div.
CQN�RA
By a va.it///jj�f
Name and Title
WITNESS
�Y�MES . COLE VIG6- SG6N%'
P.O. BOX 1367
FAYETTEVILLE, AR 72702
Corporate Seal (if any) Business Address
Contract -2
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FORM OF ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we
A fn)
and
called the "Surety", are held
*, herein called "Principal"
of , hereinafter
and firmly bound unto the City of
Fayetteville, Arkansas, hereinafter calle
in lawful money of the United Stated, for
well and truly made, said principals and
their heirs, administrators, executors,
jointly and severally, by these presents.
THE CONDITION OF
Principal entered
construction of _
d "Owner" in the sum of
dollars ($ ),
the payment of which sun
Surety bind themselves,
successors and assigns,
THIS OBLIGATION is such that whereas, the
into a certain contract with the Owner for the
NOW, THEREFORE if the Principal shall well, truly and faithfully
perform its duties, all the undertakings, covenants, terms,
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
shall fully indemnify and save harmless the Owner from all costs
and damages 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, and shall promptly
make payment to all persons, firms, subcontractors and corporations
furnishing material for or performing labor in the prosecution of
the work provided for in such Contract and any extension or
modification thereof, all amounts due for, but not limited to
materials, lubricants, oil, gasoline, repair on machinery,
equipment and tools consumed or used in connection with the work,
fuel oil, insurance, rentals on machinery; also for taxes or
payments due to the State of Arkansas or any political subdivision
thereof which shall have arisen on account of, or in connection
with, the wages earned by workmen covered by the bond; and for all
labor performed in such work whether by subcontractor or otherwise,
then this obligation shall be void, otherwise to remain in full
force and effect.
The Surety agrees that the terms of this bond shall cover the
payment by the principal of not less than the prevailing hourly
rate of wages as determined by the Arkansas Department of Labor or
U.S. Secretary of Labor, whichever is greater, to all workmen
performing work under the contract.
21
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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 of the specifications accompanying the
same, shall in any wise affect it's obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
or alteration or addition to the terms of the contract as 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.
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each of which shall be deemed an original, this
day of ,19_
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ATTEST:
SECRETARY (PRINCIPAL)
(SEAL)
WITNESS AS TO PRINCIPAL
ATTEST:
SECRETARY (SURETY)
WITNESS AS TO
ATTORNEY IN FACT
(PRINCIPAL)
(TITLE)
(ADDRESS)
(SURETY)
(ATTORNEY IN FACT)
(ADDRESS)
Date of Bond must not be prior to Contract Date and must include:
1. Correct name of Contractor
2. Whether Corporation, partnership, or Individual
3. Correct name of Surety and correct name of Owner
5. Execution of bond by all Partners, if Partnership
6. Execution by Arkansas Local Resident Agency for Surety
BOND MUST BE FILED WITH THE CIRCUIT COURT OF WASHINGTON COUNTY
22
171
STANDARD GENERAL CONDITIONS OF THE CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and Issued and Published By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
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TABLE OF CONTENTS OF GENERAL CONDITIONS
' Ankle or Paragraph Page Artlrle or Paragraph Page
Number & Title Number Number & Title %umber
I. DEFINITIONS ............... ........... 13 2.5-2.7 Before Starting Construction;
' 1.1 Addenda •11 . 13 CONTRACTOR'S Responsibility to
1.2 Agreement ......................13 Report: Preliminary Schedules;
1.3 Application for Payment 13 Delivery of Certificates of
1.4 Asbestos .... .................. 13 Insurance .. ... ... .... ..... ... 15
' 1.5 Bid . .... 13 2.8 preconstruction Conference . . 15
1.6 Bidding Documents 13 2.9 Initially Acceptable Schedules 16
1.7 Bidding Requirements .. ........ .... 13
13 3. CONTRACT DOCUMENTS: INTENT.
1.8 Bonds .......................L
AMENDING. REUSE . .... ... . . 16
1.9 Change Order ... ........ ... 13 3.14 .2 Intent . ...... 16
1.10 Contract Documents • • 13 3.3 Reference to Standards and
1.1 I Contract Price .. .... .... ....... ... 13 Specifications of Technical Societies.
' 1.12 Contract Times .. .,. . . .- . .. 13 Reporting and Resolving
1.13 CONTRACTOR 13 Discrepancies .. 16
1.14 defective 13 3.4 Intent of Certain Terms or Adjectives i7
1.15 Drawings .... .... .... ... ... 13 3 5 Amending Contract Documents .. :7
' 1.16 Effective Date of the Agreement 13 3.6 Supplementing Contract Documents .. F'
1.17 ENGINEER .. .. 13
1.18 ENGINEER's Consultant ... ... 13 3.7 Reuse of Documents ......... 17
1.19 Field Order .... .... ... .... ... .... 13 4. AVAILABILITY OF LANDS. SUBSURFACE AND
t 1.20 General Requirements . . . . . . ... . . . 14 PHYSICAL CONDITIONS; REFERENCE POINTS . 17
1.21 Hazardous Waste .. . . 14 4.1 Availability of Lands ....... .. 17
1.22 Laws and Regulations: Laws or 4.2 Subsurface and Physical _Conditions ... 17
Regulations ............ .... ...... 14 4.2.1 Reports and Drawings ............. . 17
I1.23 Liens ............ .... ........ ... 14 4.2.2 Limited Reliance by CONTRACTOR
1.24 Milestone .................. .......... 14 Authorized: Technical Data ...... . 18
1.25 Notice of Award .. ................. 14 4.2.3 Notice of Differing Subsurface or
' 1.26 Notice to Proceed 14 Physical Conditions ................. 18
1.27 OWNER 14 4.2.4 ENGINEER's Review ................IS
1.28 Partial Utilization .. . 14 4.2.5 Possible Contract Documents Change . 18
1.29 PCBs .... ......... .. . .... ... ... 14 4.2.6 Possible Price and Times Adjustments . 18
t 1.30 Petroleum .........................14 4.3 Physical Conditions —Underground
1.31 Project ............................14 Facilities 18
1.32 Radioactive Matenal ...... ... ..... 14 4.3 1 Shown or Indicated ..... .......... 18
1.33 Resident Project Representative . ..... 14 4.3.2 Not Shown or Indicated ...... ....... 19
' 1.34 Samples .... .... ............. ..... 14 4.4 Reference Points ...................... 19
1.35 Shop Drawings ........ .... ........ 14 4.5 Asbestos. PCBs. Petroleum. Hazardous
1.36 Specifications . ......... ... .... .... 14 Waste or Radioactive Material ...... 19
' 1.37 Subcontractor ..... .................. 14
1.38 Substantial Completion ............... 14 5. BONDS AND INSURANCE ..............
1.39 Supplementary Conditions ............ 14 5.1-5.2 Perfortriance. Payment and Other Bonds . 20
1.40 Supplier .................. ........ .. 14 5.3 Licensed Sureties and Insurers;
'• 1.41 Underground Facilities 14 Certificates of Insurance .... ...
1.42 Unit Price Work ........... .......... 14 5.4 CONTRACTOR's Liability Insurance 20
1.43 Work ........................... ..... 15 5.5 OWNER's Liability Insurance ........ 21
1.44 Work Change Directive ..............35 5.6 Property Insurance ................... 21
'• 1.45 Written Amendment .... .... ........ 15 5.7 Boiler and Machinery or Additional
2. PRELIMINARY MATTERS ......... .... ....... IS Property Insurance ................. 21
21 elivery of Noticeof Cancellation Provisions ....
. D . 21
' 2.2 Copies of Documen........ . ts . ... 15 5.9 CONTRACTOR's Responsibility for
2.3 Commencement of Contract Times: Deductible Amounts ................ 22
Noticeto Proceed ........ ......... 15 5.10 Other Special Insurance ......... .. 22
2.4 Starting the Work ................ .... IS 5.11 Waiver of Rights ................
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' Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
5.12-5.13 Receipt and Application of Insurance 8.6 Change Orders ....................... 29
Proceeds ........................... 22 8.7 Inspections, Tests and Approvals ...... 29
5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate
Option to Replace ................. 22 CONTRACTOR's Services ......... 29
5.15 Partial Utilintion—Properly 8.9 Limitations on OWNER's
Insurance .......................... 23 Responsibilities ..................... 30
8.10 Asbestos, PCBs, Petroleum, Hazardous
6. CO'�'1RACPDR'S RESPONSIBILITIES .......... 23 Waste or Radioactive Material ...... 30
6.1-6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arrangements .. 30
6.3-6.5 Labor, Materials and Equipment ...... 23 9, ENGINEER'S STATUS DURING
6.6 Progress Schedule .. ................ 23 CONSTRUCTION ............. 30
..................
6.7 Substitutes and "Or -Equal" Items; 9.1 OWNER's Representative ............ 30
CONTRACTOR's Expense: 9.2 Visits to Site .......................... 30
Substitute Construction 9.3 project Representative ................ 30
Methods or Procedures; 9.4 Clarifications and Interpretations ...... 30
ENGINEER's Evaluation .......... 23 9.5 Authorized Variations in Work ........ 30
6.8-6.11 Concerning Subcontractors, Suppliers 9.6 gejecting Defective Work ............. 30
and Others; Waiver of Rights ....... 24 9.7-9.9 Shop Drawings, Change Orders and
6.12 Patent Fees and Royalties ............. 25
Payments .......................... 31
6.13 Permits .........................4 ... 25 9.10 Determinations for Unit Prices ........ 31
6.14 Laws and Regulations ............... 25 9.11-9.12 Decisions on Disputes; ENGINEER as
6.15 Taxes................................25 Initial Interpreter ................... 31
6.16 Use of Premises ...................... 26 9.13 Limitations on ENGINEER's
6.17 Site Cleanliness ....................... 26 Authority and Responsibilities ...... 31
6.18 Safe Structural Loading ............... 26
6.19 Record Documents ................... 26 10. CHANGES IN THE WORK ..................... 32
6.20 Safety and Protection ................. 26 10.1 OWNER Ordered Change 32
6.21 Safety Representative ............. . 26 10.2 Claim for Adjustment ................. 32
6.2'_ Hazard Communication Programs ..... 27 10.3 Work Not Required by Contract
6.23 Emergencies ............ 27 Documents ......................... 32
6.:4 Shop Drawings and Samples .......... 27 10.4 Change Orders
6.25 Submittal Procedures; 10.5 Notification of Surety ................. 32
CONTRACTOR's Review Prior to
Shop Drawing or Sample Submittal . 27 11. CHANGE OF CONTRACT PRICE .............. 32
6.26 Shop Drawing & Sample Submittals 11.1-11.3 Contract Price; Claim for Adjustment;
Review by ENGINEER ............ 27 Value of the Work ..................32
6.27 Responsibility for Variation From 11.4 Cost of the Work .. . .. ... ..... . 33
27 11.5 Exclusions to Cost of the Work ....... 34
6.28 Related Work Performed Prior to 11.6 CONTRACTOR's Fee................34
ENGINEER's Review and Approval 11.7 Cost Records ........................34
of Required Submittals 27 11.8 Cash Allowances ............... 35
6.29 Continuing the Work .. ............... 28 11.9 Unit Price Work ...................... 35
6.30 CONTRnty and s General 12. CHANGE OF CONTRACT TIMES .............. 35
Warranty and Guarantee .. ... ..... 28 12.1 Claim for Adjustment ................. 35
6.31-633 Indemnification ...................... 28
6.34 Survival of Obligations .... .. ... 28 12.2 Time of the Essence ........35
12.3 Delays Beyond CONTRACTOR's
7. OTHER WORK .................... ............. 29 Control . .......................... 35
7.1-7.3 Related Work at Site .... .... ....... 29 12.4 Delays Beyond OWNER's and
-7.4 Coordination CONTRACTOR's Control .......... 35
8. OWNER'S RESPONSIBILITIES ................. 29
8 I Communications to Contractor ........ 29 13 TESTS AND INSPECTIONS; CORRECTION,
8.2 Replacement of ENGINEER ... .... . 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE
8.3 Furnish Data and Pay Promptly When WORK .......................................... 36
Dare . ......... .............. ..... 29 13.1 Noticeof Defects .....................36
8.4 Lands ..................29
nd Fasements; Reports and 13.2 Access to the Work ................... 36
Tests ........... .................. 29 13.3 Tests and Inspections; Contractor's
8.5 Insurance .........................29 Cooperation .......................36
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Article or Paragraph Page
& Title Number
Number +
13.4 OWNER's Responsibilities;
Independent Testing Laboratory • ..
13.5
CONTRACTOR'S Responsibilities .....
13.6-13.7
CovenngWork Prior to Inspection.
Testing or Approval ................
13.8-13.9
Uncovering Work at ENGINEER'S
Request..........................
13.10
OWNER May Stop the Work .........
13.11
Correction or Removal of Defective
Work.................... ........ .
13.12
Correction Period ........... ... .....
13.13
Acceptance of Defective Work ........
13.14
OWNER May Correct Defective
Work................. ........ ....
14. PAYMENTS TO CONTRACTOR AND
COMPLETION ........... ...................
141 Schedule of Values ........ ....... .
14.2 Application for Progress Payment .....
14.3 CONTRACTOR's Wananty of Title ...
14.4.14.7 Review of Applications for
Progress Payments .................
14.8-14.9 Substantial Completion ...............
14.10 Partial Utilization ...................
14.11 Final inspection ........... ........ .
t,7
Article or Paragraph Page
Number & Title Number
14.12 Final Application for Payment .... .... 40
14.13.14.14 Final Payment and Acceptance ... .... 40
14.15 Waiver of Claims .. 40
15. SUSPENSION OF WORK AND
TERMINATION • • 40
................
36 15.1 OWNER May Suspend Work .. ..... 40
15.2-15.4 OWNER May Terminate ............ 40
15.5 CONTRACTOR May Stop Work or
Terminate .......... .... .... 41
37
16. DISPUTE RESOLUTION ..................
...
4l
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17. MISCELLANEOUS ............... ...........
42
37
17.1 Giving Notice ....... ..........
....
42
17.2 Computation of Times ....
.... ....
42
17.3 Notice of Claim .....................
42
37
17.4 Cumulative Remedies ........
.......
42
37
17.5 Professional Fees and Court
Costs
38
Included ..............
......
4_
38
EXHIBIT GC -A (Optional):
38
Dispute Resolution Agreement (Optional) ....
GC -Al
39
16.1.16.6 Arbitration . ........ .........
GC -AI
39
16.7 Mediation ............ ........
GC -A2
39
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INDEX TO GENERAL CONDITIONS
Article or Paragraph Article or Paragraph
Number Number
Acceptance of— Bidding Documents —definition of ............... 1.6 (6.8.2)
Bonds and Insurance ................................5.14 Bidding Requirements—defimnons of ...... I.7 (1.1, 4.2.6.2)
defective Work ................. .... 10.4.1. 13.13, 13.15 Bonds—
' final payment ... .......... 4 ........... .......9 12. 14.15 acceptance of......................................1 5.14
insurance ................... .. .. 5.14 additional bonds .. 10.5. 11.4.5.9
other Work, by CONTRACTOR ............... ... 7.3 Cost of the Work ......... . 11.5.4
Substitutes and "Or -Equal" Items ................ 6.7 1 definition of ............... ........................ 1.8
Work by OWNER ........................ 2.5. 6.3O,6.34 delivery of.....................................2.1. 5.1
Access to the— final application for payment .................14.12-14.14
Lands, OWNER and CONTRACTOR gene ...............1.10,5.1-5.3,5.13,9.13.10.5,14.7.6
responsibilities ... ... a .. performance, Payment and Other ................. 5.1-5.2
.., t
site. related work...................................7 2 Bonds and Insurance —in general ........................ 5
........................... Work, . 13.2. 13.14, 14.9 Builder's risk "all risk" policy form .....................5.6.2
5.6.2
Acts or Omissions—. Acts and Omissions— Cancellation Provisions, Insurance ...... . 5.4.11., 5.8, 5.15
CONTRACTOR 6.9.1, 9.13.3 Cash Allowances .................................... I I.8
............................
ENGINEER ................ 6.20.9.13.3 Certificate of Substantial Completion ......... 1.3 . 6.30.2.3,
OWNER .......... ............... .... ....... 6.20.8.9 14.8. 14.10
Addenda —definition of talso see Certificates of Inspection ................ 9 13 4, 13.5. 14.12
definition of Specifications) ........ .. (1.6. 1.10, 6.19) 1.1 Certificates of Insurance . 2.7. 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8,
Additional Property Insurances ......4. ...... 5.7 ... .... .... ....... 5.14, 9.13.4. 14.12
"' "" Change in Contract Price—
Ad3ustments Cash Aliowances...................................1 I.8
Contract Price or Contract ' < < claim for price adjustment ..... 4.1.4.2.6, 4.5, 5.15. 6.8.2.
Times ..... ... 1.5. 3.5. 4.1. 4. 4.-.2. 4.-.3. 9.4. 9.5, 9.4.9.5. 9.11. 10.2, 10.5. 11.2. 13.9.
10.2-10.4, I1, 12, 14.8, 15.1 13.13, 13.14. 15.1. 15.5
progress schedule...............................6.6 CONTRACTOR's fee .............................. 1 1.6
Agreement— Cost of the Work
definition of .... ................................... general ......... .. 11.4-11.7
All risk Insurance, policy form .. ................... .5.6.2 Exclusions to ................ . 11.5
Allowances, Cash ......... .... .... .... .......... 11.8 Cost Records ......................................11.7
Amending Contract Documents ......... .... ... .... . 3.5 in general .......... ... 1.19. 1.44, 9.11, 10.41. 10.4.3, it
Amendment. Written— Lump Sum Pricing .......... .... .... ........... 11.3.2
in general .... 1.10, 1.45, 3.5. 5.10.5 12, 6.6.2. 6.8.2. 6.19. Notification of Surety .... .......................... 10.5
10.1. 10.4. 11 2. 12 I. 13.12.2. 14.7.2 Scope of ....... ......................... ..... 10.3-10.4
Appeal, OWNER or CONTRACTOR Testing and Inspection. Uncovering the Work ........ 13.9
intent to .... .... .... .... . 9.10. 9 II. 10.4, 16.2, 16.5 Unit Price Work....................................11.9
Application for Payment— Value of Work ........... .................... .... 11.3
definition of . .......... .... ......... ......... ... 1.3 Change in Contract Times—
ENGINEER's Responsibility .......... ........ ... 9.9 Claim for times adjustment .... 4.1.4.2.6. 4.5. 5.15, 6.8.2.
final payment . ............... 9 13 4. 9 13.5, 14 12-14 IS 9.4.9.5. 9.11. 10.2. 10.5. 12.1, 13.9. 13.13,
in general ....... ... ... .... 2.8. 2.9. 5.6.4. 9.10. 15 5 13.14, 147, 15.1, 15.5
progress payment .......... ..... .... ........ 14.1, 147 Contractual time limits .......... ..... I2.2
review of ........................ .... ........ .......................................... 12.3
Arbitration lOptionalt ......... .......... . . ... 16.1-16.6 Delays beyond OWNER's and CONTRACTOR's con-
Asbestos— trot ...............................................12.4
claims pursuant thereto .......... .... ....... 4.5.2. 4.5.3 Notification of surety ................. ............. 10.5
CONTRACTOR authorized to stop Work ... ....... 4.5.2 Scope of change ................. ............. 10.3-10.4
definition of .. ... ... .... .... ................ 1.4 Change Orders —
OWNER responsibtlit for .. .......... .... . 4.5.1. 8.10 Acceptance of Defective Work ....... ............. 13.13
possible price and times change .... .... .... ... .. 4.5.2 Amending Contract Documents ......... ............ 3.5
Authorized Variations in Work ... .. . 3.6. 6.25, 6.2 7, 9.5 Cash Allowances ........................... ....... 11.8
Availability of Lands ... .... .............. . 4.1.8.4 Change of Contract Price ............................ II
Award. Notice of -defined .... .... 1.25 Change of Contract Times ........... ................ 12
Before Starting Construction .. ......... ........ . 2.5-2.8 Changes in the Work ...................... ........... IO
' Bid —definition of .. ... .... ..... .... ............... 1.5 CONTRACTOR's fee ................... ........... 11.6
11.1. 1.10. 2.3. 3.3. 4.2.6.4. 6.13. 11.4.3. 1 19 I1 Cost of the Work ...............................11.4-11.7
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1 Article or Paragraph Article or Paragraph
'umber Number
Cost Records . ... II 7 general ................................... 6.2. 6.9.2. 8.1
................. 622
1 definition of ............ . .. ... ... . ... 1.9 Hazard Communication Programs ......... .
emergencies .... .... . . . . ... .... .... . . ... 6.2_3 Completion—
ENGINEER's responsibility .. ... .. 9.8. 10.4. 11.2. 12.1 Fatal Application for Payment ........ ......... 14 12
execution of .... .. .. .. 10.4 Final Inspection ...........................14.11
1 Indemnification ... .... 6.12. 6.16. 6.31. 6.33 Final Payment and Acceptance . .. 14.13-14.14
Insurance. Bonds and . 5.10 5.13. 10.5 Partial Utilization .. .. 14.10
OWNER may terminate . .... .... . 15.2.15.4 Substantial Completion .. 1 38, 14.8-14.9
...5
OWNER s Responsibility .... .. .. 8.6. 10.4 Waiver of Claims ...... ................. ..... 1 Ph.cicat Conditions— Computation of Times ............... ... .... 1 ., I I " 2
.2
Subsurface and. .... . .... ... . .. . . 4.2 Concerning Subcontractors.
L nderground Fatih::ec .. 43 2 Suppliers and Others ...... .... ................ 6.8-6.11
1 Record Documents ... ... .... ... ... ...6.19 Conferences— ........ 2
Score a1 Change ... 10.3-10.4 initially acceptable schedules .. , 2 9
)&,S: tuxes ... .... .. .... ... . 6.... 6.8.2 preconstruction .........................2.8
Lai: Price Work .... . _ ... ... ... . 11.9 Conflict. Error, Ambiguity, Discrepancy -
1 value of Work. covered h} . .. 11.3 CONTRACTOR to Report .................. .. 2.5.3.3.2
Changes in the Work ... 10 Construction, before starting by CONTRACTOR .. . 2.5-2.7
Notification of surer ... ... 105 Construction Machinery, Equipment, etc. ....... ... 6 4
t)WNER's and CONTRACTOR', responsibilities ... 10 4 Continuing the Work ........................6.29, 10.4
1 Right to an adjustment ... 10.2 Contract Documents—
ScOpe ot:hange ... ... 10.3-10.4 Amending ... 3.5
Claims— Bonds ... .............. ................... .... ..
against CONTRACTOR 6.16 Cash Allowances ....... 11.8
1 against ENGINEER 6.32 Change of Contract Price ........... ........ ........ I I
against Oµ NER . ... 6.32 Change of Contract Times .........................12
5
Change of Contract Price .. ... .. 94, 11.2 Changes in the Work ........................... 10 4-I .
1 Change of Contract Times 9.4. 12 I check and verify 2.5
CONTRAC ;OR's 4.'.I. d.4. q 5. 9.11. 0, i:.2. 1.9. Clarifications and Interpretations .3.2, 3.6.9.4, 9.11
12.1. 14.8. 15.1. ;5.5.:1.3 definition of .. 1.10
CONTRACTOR" Fee .. ... ...... i 1.6 ENGINEER as initial interpreter of ................. 9.11
1 CONTRACTOR s habihq . 5 a 6. C. 6.16. 6.31 ENGINEER as OWNER's representative ..... ......
9.1
Cost of the Wore . .. .... ... ... ... ... 114. 11.5 general .................................... 3
Dectvons on Disputes _ ... 9 11. 9.12 insurance .......................................... 5.3
Di,:.ute Resolution .. . ... ... ... .... 16 1 Intent ..........: ................................. 3.1-3.4
1 Dispute Resolution Agreement .. 16.1.16.6 minor variations in the Work ......................... 3.6
ENGI \ HER as m ttal mterpre:or .. . .... ...... 9.11 OWNER's responsibility to furnish data ........... .. 8.
3
Lump Sum Pricing ;l.3.2 OWNER's responsibility to make
' No: ce Of .. .. . ... . .... . ...... 1'? prompt payment83. 14.4. 14.13
r )µ N F R's 94 9 5. 9 H. 10 2. 11 2. 1 1.9. 1:.1. precedence .. .... 3.1. 3.3.3
13 9. 11.13. 13 14. 17.3 Record Documents ........................6.19
tiµ N ER hahility .. ... ... ... ... .... 5 5 Reference to Standards and Specifications
I OWNER may retuse :o make :a.ment . ... ... ... 14.7 of Technical Societies .... ........................... 3.3
Professional Fees and Court Costs Included.. ......'.5 Related Work .. .. 7.2
request for formal decision on .. .... .... ... .. 9.l l Reporting and Resolving Discrepancies ........... 2.5. 3.3
Substitute items ... ... ..... 6.'.1.2 Reuse of ........................... ................. 3.7
3,6
Time Extension .. .... .. .... .... ..... 12.1 Supplementing ................................. .....
Time requirements .... ... ... ... 9 II. 12.1 Termination of ENGINEER's Employment ...........8.2
L nix Price Work .. ... 1 19 3 Unit Price Work ........................... . ... 11.9
a ue of 11.3 variations ........ ............ 3.6, 6.23. 6.2'
cave' of--t'n I inal Payment ... .. .. . 14.14. 14.15 Visits to Site. ENGINEER's ..............
Work Change Directive . ... .... ... .... . 10.2 Contract Price —
written notice -eguired ... ..... .. 9.11 I 1 2. 12.1 adjustment of ................ 3.5, 4.1.9.4, 10.3. 1 12-11.3
Clarifications and Irterpreranons .. ... .. 36.3.94.9 11 Change of ........ .... I I
Clean Site ... • .....6.17 Decision on Disputes ..........................9.11
C odes Of Technjca. Nutlet.• Organs ation or definition of 1II
Association .... .. .... .... ... ....... 3.3.3 Contract Times—
' Commencement of Contrac: Times .... .. .. 2.3 adjustment of ......................3.5. 4.1. 9.4. 10 3. 12
Ccri mun.cation,— ...... Change of...........................4.......... 12.1-12.4
1 6-s
I
I
I
I
I
1
J
I
I
I
I
Article or Paragraph
Number
Commencement of...................................2.3
definition of ........................................
1 12
CONTRACTOR —
Acceptance of Insurance ............................
5.14
Limited Reliance on Technical Data Authorized
..... 4.2.2
Communications ...............................
6.2, 6.9.2
Continue Work ................................
6.29. 10.4
coordination and scheduling ...............6.9.2
definition of.......................................1.13
May Stop Work or Terminate ......................
15.5
provide site access to others ....................
7.2. 13.2
Safety and Protection . ..... 4.3.1.2, 6.16, 6.18. 6.21-6.23.
7' . 13.2
Shop Drawing and Sample Review Prior to Submittal 6.25
Stop Work requirements ......................
.... 4.5.2
CONTRACTOR's—
Compensation .......... ......... .............
11.1-11.2
Continuing Obligation . ............................
14 15
Defective Work .......................... 9.6,
13.10.13.14
Duty to corect defective Work ........ .... ...
... 13.11
Duty to Report —
Changes in the Work caused by
Emergency ........... .... ..............
.... .. 6.23
Defects in Work of Others ........................
7.3
Differing conditions ........ .....................
4 2.3
Discrepancy in Documents ........... 2.5.
3.3.2. 6.14.2
Underground Facilities not indicated .............4.3.2
Emergencies ......................... ..............
6.23
Equipment and Machinery Rental. Cost
of the Work .............. ...................
11.4.5.3
Fee —Cost -Plus ..................... 11.4.5.6,
11.5.1, II 6
General Warranty and Guarantee . ..................
6.30
Hazard Communication Programs ...... ........
... 6.22
Indemnification .............. .... 6.12, 6.16,
6.31-6.33
Inspection of the Work ....... .......... ...
.. 7.3. 13.4,
Labor. Materials and Equipment ...............
.. 6.3-6.5
Laws and Regulations. Compliance by . ...
...... 6.14.1
liability Insurance ........ ............... ...
... .. 5.4
Notice of Intent to Appeal .......... ........
.9.10. 10.4
obligation to perform and complete the Work
.. ... . 6.30
Patent Fees and Royalties, paid for by ..... ........
6.12
Performance and Other Bonds ........................
5.1
Permits, obtained and paid for by . .... .............
6 13
Progress Schedule .... 2.6, 2.8. 2.9, 6.6, 6.29.
10.4. 15.2.1
Request for formal decision on disputes ........
... 9.11
Responsibdnies—
Changes to the Work ................. ........
... 10.1
Concerning Subcontractors. Suppliers and
Others .6.8 -
oil
Continuing the Work ...... ..... .... ...... 6.29, 10.4
CONTRACfOR's expense . .... .... ........ . 6.7.1
CONTRACTOR's General Warranty and Guaran-
tee............ ... ..... ... .......... .... .... 6.30
CONTRACTORes review prior to Shop Drawing or Sam-
ple submittal ............. .... .... ........ 6.25
Coordination of Work ................. .... ....... 6.9.2
Emergencies ... ................... ............. 6.23
ENGINEER's evaluation. Substitutes
or "Or -Equal" Items ............. .... ....... 6.7.3
Article or Paragraph
Number
For Acts and Omissions of Others ..... 6.9.1-6.9.2. 9.13
for deductible amounts, insurance .................
5.9
general................................6. 7.2, 7.3,
8.9
Hazardous Communication Programs ...........
6.22
Indemnification ..............................6.31.6.33
Labor, Materials and Equipment ......... ..... 6.3-6.5
Laws and Regulations ........... .............
6.14
Liability Insurance ...............................
5.4
Notice of variation from Contract Documents .....
6.27
Patent Fees and Royalties ............. ..........
6.12
Permits....................................... ...
6.13
Progress Schedule................................6.6
Record Documents ........................... ...
6.19
related Work performed prior to ENGINEER's
approval of required submittals .... ........
.6.28
safe structural loading ..... ............ ....
. 6.18
Safety and Protection . ................. 6.20, 7.2,
13.2
Safety Representative ............ ...............
6.21
Scheduling the Work .............................
6.9.2
Shop Drawings and Samples ........... ..........
6.24
Shop Drawings and Samples Review
by ENGINEER ...................... .... ....
6.26
Site Cleanliness ......... ............... ........
6.17
Submittal Procedures .............. ...........
.. 6.25
Substitute Construction Methods and
Procedures .. ........ ............... ....
.6.7.2
Substitutes and "Or -Equal" Items ................
6.7.1
Superintendence .. .... ......... .................
6.2
Supervision ....... ......... ..4.......4.........6.1
Survival of Obligations ...........................
6.34
Taxes................. .........................
6.15
Tests and Inspections ............................
13.5
ToReport . ............................. .........2.5
Use of Premises . .. ............... 6.16-6.18.6.30.2.4
Review Prior to Shop Drawing or Sample Submittal
.. 6.25
Right to adjustment for changes in the Work ........
10.2
right to claim..4.7.1,9.4,9.5,9.11,10.2,11.2,11.9,12.1.
13.9,14.8.15.1,15.5.17.3
Safety and Protection ................. 6.20.6.22, 7.2.
13.2
Safety Representative ............. .......... ......
6.21
Shop Drawings and Samples Submittals ......... 6.24-6.28
Special Consultants ................... ...........
11 4.4
Substitute Construction Methods and Procedures .....
6.7
Substitutes and "Or -Equal" Items. Expense .. 6.7.1.6.7.2
Subcontractors. Suppliers and Others ............6.8-6.11
Supervision and Superintendence ........... 6.1. 6.2.
6.21
Taxes. Payment by .... .... .... .......... ........
6.15
Use of Premises ............ ................... 6.16-6.18
Warranties and guarantees ... .... .... ........ 6.30,
6.5
Waranty of Title ....... ... .......................
14.3
Written Notice Required —
CONTRACTOR stop Work or terminate ..........
15.5
Reports of Differing Subsurface and Physical
Condi-
tions... .............. ............. .... ......
4.2.3
Substantial Completion ..................... .....
14.8
CONTRACTORS --other ....................... .........
7
Contractual Liability Insurance ......................
5.4.10
Contractual Time Limits ................ .............
12.2
Coordination
I
6-6
iJ
I
Article or Paragraph
Number
CONTRACTOR'S responsibility ......... .......... 6.9.2
' Copies of Documents .. .2
Correction Period .. .... . .. 13.12
Correction. Removal or Acceptance of
Defective Work
' in general .............. ... ........ 10.4.1. 13.10-13.14
Acceptance of Defective Work .......... ........ 13.13
Correction or Removal of Defective Work ..... 6.30, 13.11
' Correction Period ... • . .. 13 12
OWNER May Correct Defective Work . .. 13.14
OWNER May Stop Work ......... ....... .. 13.10
Cost—
, of Tests and Inspections .... ... ......... ... ..... 13.4
Records ... ..... ...... ..........I . ........ . 11 7
Cost of the Work —
Bonds and insurance, additional ... ... ......... 11.4.5.9
' Cash Discounts ....... .... ... .... ... .... 11 4.2
CONTRACTOR'S Fee .. .... ... ... ...... .... 11 6
Employee Expenses ................ ........ ... 11.4.5.1
Exclusions to .. .... .... .... .... ........ ... ... 11.5
General ............. ......... ............ .. 11.4.11.5
Home office and overhead expenses ... .... ... . 11.5
Losses and damages ... .... ... ... ........ . 11.4.5.6
I
Materials and equipment ...... . . . . . 11.4.2
Minor expenses .........................11.4.5.8
Payroll costs on changes .. .... ... 1 14 1
performed by Subcontractors ........ ............. 11.4.3
' Records ...... ......... ......... .... ........ ... I1.',
Rentals of construction equipment and machinery . 11.4.5.3
Royalty payments. permits and license fees ...... 11.4.5.5
Site office and temporary facilities .......... . 11.4.52
' Special Consultants. CONTRACTOR'S ...... ..... 11.4.4
Supplemental .. ................... ........... 11.4.5
Taxes related to the Work .... .... ... .... .... 11.4 5 4
' Tests and Inspection .... .. .. . 13.4
Trade Discounts . .. 11.4.2
Utilities, fuel and sanitary facilities ... .. 11.4.5.7
Work after regularhours ........ ... ........... 11.4.1
' Covering Work .... .. ... 13.6.13 1
Cumulative Remedies ............. 17'4-17.5
Cutting. fitting and patching .... .... 7 2
Data, to be furnished by OWNER ........ ............. 8.3
' Day —definition of ....... .... .... ........... ... 1', .2.2
Decisions on Disputes ..... ........ ........ .. 9.11, 9.12
defective —definition of ......... ........ ....... .. 1.14
' defective Work —
Acceptance of .............. .... . 10.4.1. 13.13
Correction or Removal of ......... ... 10.4.1. 13.11
Correction Period ....... ....... .... ........ .... 13 12
in general ........ .......... .... ... ... 13, 14.7. 14.11
Observation by ENGINEER ... ........ .... .. 9.2
OWNER May Stop Work .... .... ........ .... .. 13.10
Prompt Notice of Defects . .... .... ........ .... . 13.1
Rejecting ................... ..... 9.6
Uncovering the Work ................ .............. 13.8
Definitions .............................. .......
' Delays .... ......... ..... . 4.1.6.29, 12.3-12.4
Deliveryof Bonds ...... .. 2.1
Delivery of certificates of insurance ......... ........... 2.7
Article or Paragraph
Number
Determinations for Unit Prices ....... ..........
..... 9 10
Differing Subsurface or
Physical Conditions
Noticeof ........................................
4.2.3
ENGINEER's Review .........................
4.2.4
Possible Contract Documents Change ............
.. 4.2.5
Possible Price and Times Adjustments ..............
4.2.6
Discrepancies -Reporting and Resolving ... 2.5.
3.3.2. 6.14.2
Dispute Resolution —
Agreement ........... ... ........ ... . ......
. 16.1-16.6
Arbitration ................ ... ... ..........
. 16.1-16.5
..........................
general ... .....
.... ..... 16
Mediation ............. ............ ... .....
.... 16.6
Dispute Resolution Agreement .......... ....
.... 16.1-16.6
Disputes, Decisions by ENGINEER .... ....
.. 9.11.9.12
Documents —
Copiesof .. ....................... ......4...
..... 2.2
Record........ .... ................... ..........
6.19
Reuseof .... .............. ........ ..........
... 3.7
Drawings definition of . .................. ..........
I.15
Easements ...... ...................... ....
..... ... 4.1
Effective date of Agreement —definition of .............
1.16
Emergencies .......................6.23
ENGINEER —
as initial interpreter on disputes ...............9.11-9
12
definition of ............................1.17
Limitations on authority and
responsibilities .......................9.13
Replacement of ..............................
....... 8.2
Resident Project Representative ......................9.3
ENGINEER'sConsultant—definition of .............
. 1.18
ENGINEER'Sauthonty
and responsibility, limitations on .....
..... 9.13
Authorized Variations in the Work ....................
9.5
Change Orders, responsibility for ..........
9.7, 10. 11, 12
Clarifications and Interpretations ..... .........
3.6.3, 9.4
Decisions on Disputes ......................
... 9.11.9.12
defective Work, notice of ..........................13.1
Evaluation of Substitute Items ......... ..........
. 6.7.3
Liability.................................6.32.
9.12
Notice Work is Acceptable ...................
14 13
Observations ...........................6.30.2.9.2
OWNER's Representative .......................
... 9.1
Payments to the CONTRACTOR.
Responsibility for ..............................
9.9. 14
Recommendation of Payment ..............
.. 14.4. 14.13
Responsibilities —
Limitations on .............................
. 9.11-9 13
Review of Reports on Differing Subsurface
and Physical Conditions .................
........ 4.2.4
Shop Drawings and Samples. review
responsibility...............................6.26
Status During Construction—
authonzed variations in the Work ..................
9.5
Clarifications and interpretations ...................
9.4
Decisions on Disputes ....................
... 9.11-9.12
Determination on Unit Price .....................
9.10
ENGINEER as Initial Interpreter .............9.11-9.12
ENGINEER's Responsibilities ...............9.1-9.12
I
6-7
iJ
Article or Paragraph
Number
Article or Paragraph
Number
Limitations on ENGINEER'S Authority and deductible amounts, CONTRACTOR's
' Responsibilities ........................... 9.13 responsibility...................................5.9
OWNER's Representative .......... 9.1 Final Application for Payment ...................... 14.12
Project Representative ........9.3 Licensed Insurers ....................................5.3
Rejecting Defective Work ..4.44....4 ............... 9 6 Notice requirements, material
' Shop Drawings. Change Orders and changes........5.8,I0.5O
Payments .................................... 9.7-9.9 Option to Replace ............................ 5.14
Visits to Site ......... ... 9.2 other special insurances .............................5.10
Unit Price Determinations ....444....4 ............... 9.10 OWNER as fiduciaryfor insureds ..............5.12-5.13
Visits to Site.......................................9.2 OWNER's Liability..................................5.5
Written consent required ..4.4........4....4..... 7.2, 9.1 OWNER's Responsibility ............44.4....4.. .. 8.5
Equipment, Labor, Materials and ...................6.3-6.5 Partial Utilization. Property Insurance .....4.........5.15
c o' Equivalent rental, Cost f the Worn ..... ............4.66.3 Receipt p . i a n .... . r .10
Equivalent Materials and Equipment ............ .. 6.7 Receipt and Application of Insurance Proceeds ..5.12-5.13
Errors or omissions .. ... 6.33 Special Insurance .. .. 5.10
Evidence of Financial Arrangements 44..........4.4.... 8.11 Waiver of Rights....................................5.11
' Explorations of physical conditions ..... 4.2.1 Intent of Contract Documents ...... _. 3.1-3.4
Fee. CONTRACTOR's-Costs-Plus .. . ... 11.6 Interpretations and Clarifications .. ... 3.6.3, 9.4
Field Order- Investigations of physical conditions ...................4.2
definition of .. ................................. . 1.19 Labor. Materils an
ad Equipment ...................6.34.5
' issued by ENGINEER .......... 4..... 4...... 3.6.1, 9.5 Lands-
Fina! Application for Payment ................ ....... 14.12 and Easements ................................. .... 8.4
Final Inspection .....................................14.11 Availability of...................................4.1. 8.4
Final Payment- Reports & Tests .. .................. 8.4
' and Acceptance .. 4 ............. ............ 14.13-14.14 Laws and Regulations -Laws or Regulations-
Priorto.for cash allowances Bonds .................4....4.4.............4... 5.1-5.2
... 11.8
General Provisions ..4........... 17.3-17.4 Changes in the Work ................................
"""""" Contract Documents .................................3.1
10.4
...........................
' General Requirements- CON'TRACTOR's Responsibilities ...................6.14
defintion of ........444.......4 .................... 1.20
references to 2.6.6 4.6.6-6.7. 6.24 Cost of the
13.12
principal Cost of tWork, taxes ......................... 11.4.5.4
Giving Notice ...............................definition 17 1 definition of ............................................. 1.22
Guarantee of Work -by general .. 6.14
CONTRACTOR .................... .. 6.30, 14.12 Indemnification ................................6.314.33
Hazard Communication Programs ........ ........ ... 6.22 Insurance ...............4.......4....4.4....... 5.3
4444..
Hazardous Waste- Precedence........................3.1,3.3.3
3.3.3
definition of .. .... ......... ...................... 1.21 Reference to
general .... 44..4....4 .............. .... .......... 4.5 Safety and Protection ........4..4....4..4...... 6.20. 13.2
OWNER's responsibility for .. 4....4 ............... 8.10 Subcontractors, Suppliers and Others ............ 6.8-6.11
' Indemnification .... 4....... 4 4 4 . ...... 6.12. 6.16. 6.316.33 Tests and Inspections ............................... 13.5
Initially Acceptable Schedules .......................2.9 .... .... ............. 2.9 Use of Premises .......4.4..44...................... 6.16
Inspection— Visits to Site.........................................9.2
' Certificates of ... . .. ...... . . . . . : • 9 13 4. 13.5. 14.12 Liability Insurance —
Final . 14.11 CONTRACfOR's....................................5.4
Special. required by ENGINEER . ......... .. 9.6 OWNER's .............4..4............4.......4..... 5.5
Tests and Approval .............. ......... 8.7, 13.3-13.4 Licensed Sureties and Insurers ......5.3
' Insurance— L.iens—
Acceptance of. by OWNER 4 ............ 4 4 4......... 5.14 Application for Progress Payment .... 4 .............. 14.2
Additional, required by changes Contractor's Warranty of Title ......4...4.........4.4 14.3
in the Work .. Work . .... ....... .. . ....1..4.5.9 Final A�ofa........Payment .. .... 14.13
Before starting the Work .. definition of .. . • 1 •�
Bonds and —m general 5 Waiver of Claims .................................14.15
Cancellation Provisions ................... .... ..... 5.8 Limitations on ENGINEER's authority and
' Certificates of . 2.7, 5. 5.3. 5.4.11. 5.4.13, 5.6.5. 5.8.5.14. responsibilities..................9.13
9.13.4, 14.12 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2
completed operations .......... .... .... ... 5.4 13 Maintenance and Operating Manuals
—
CONTRACI()R's Liability ........................... 5.4 Final Application for Payment ...................... 14.12
' CONTRACTOR's objection to coverage .... ........ 5.14 Manuals (of others) -
5.4. 10 Precedence ....................................... 3.3.3.I
I 6-8
I
Article or Paragraph
Vumber
Reference to in Contract Documents ............... 3.3.1
Materials and equipment —
furnished by CONTRACTOR .....................6.3...
not incorporated in Work ........ ................... 14.2
' Materials or equipment --equivalent . ... . .... • • • 6.7
Mediation (Optional) . 16.7
Milestones —definition of .......... .. 1.24
Miscellaneous—
' Computation of Times ........ .... 17.2
Cumulative Remedies .. • 17.4
Giving Notice ...... ........ .. 17.1
Notice of Claim ..........4.. .... ..4...4..6...4.. 17.3
' Professional Fees and Court Costs Included .........17.5
Multi -prime contracts 4444 ... 4444 4444... 7
Not Shown or Indicated .... 4 . ... .............. 4.3
' Notice of—
Acceptabrlity of Project .... ... 14.13
Award, definition of ... . ... .... ... .... ...... 1.25
Claim ... ......... .... ........... 17.3
' Defects. "Conditions
........... 13.3
Differing Subsurface or Physical Conditiiii onn s 4444 ... .4.2.3
Giving . .... .... . 17.1
Tests and Inspections .. .... .... ........ ...... 13 3
' Variation. Shop Drawing and Sample .. . • . •'. 6.27
Notice to Proceed —
definition of ... .... 1 :6
giving of . .......... 2.3
Notification to Surety . ; ..... 10.5
Observations, by ENGINEER .. 6.30. 9.2
Occupancy of the Work ....... ....... 5.15, 6.30 2.4. 14.10
Omissions or acts by CONTRACTOR ...... ...... 6.9, 9.13
' "Open peel" policy form. Insurance ... ............. 5.6.2
Option to Replace .. ..... ... ... 5 14
'Or Equal" Items .... ... 4 ........ .... 6.7
' Other work ........ 4444 .... ................6 7
7
Overtime Work —Prohibition of ........ ........ .... ..
OWNER —
Acceptance of defective Work ....... .............. 13.13
' appoint an ENGINEER . . "................ .... 8 2
as fiduciary ....................5.12-5.13
Availability of Lands. responsibility .. .... ........ .. 4.1
definition of .. .... ......... .... ............... 1 '7
data. furnish ...... . 8.3
May Correct Defective Work ............. . . • • . • 13.14
May refuse to make payment ............... ... 14 7
4444.
' May Stop the Work .......... ............ 13.10
may suspend work.
terminate ..4 ......... .... .... 8.8. 13.10. 15.1.15.4
Payment. make prompt .... ........... 6. 8.3, 14 4, 14.13
' performance of other Work .... ................. ... ",.1
permits and licenses, requirements .... .. 6.13
purchased insurance requirements .... .......... 5.6-5.10
OWNER's—
Acceptance of the Work . .... .. . ............. 6.30.2.5
Change Orders. obligation to
execute .... ... 4444 ................ 8.6. 10.4
' Communications .. 4' ....... 8.1
Coordination of the Work .. 7.4
Disputes. request for decision .... . ........ ........ 9 11
Article or Paragraph
Number
Inspections, tests and approvals ...............
. . 8.7, 13.4
Liability Insurance ...................................
5.5
Notice of Defects .............................
..... 13.1
Representative —During Construction,
ENGINEER's Status ............................
9.1
Responsibilities —
Asbestos, PCB's. Petroleum, Hazardous
Waste on Radioactive Material ...............810
Change Orders
..... 8.6
Changes in the Woiit ......................
d • ... 10.1
0.1
communications ...............................
8.9
CONTRACTOR's responsibilities .........
....
evidence of financial arrangements ............8.11
inspections, tests and approvals .. ...........
..... 8.
Insurance ................6........6....6..6......
8.5
8.4
lands and easements ........4 ...............44.4...
prompt payment by ........ 6 .....................
8.3
replacement of ENGINEER ....44.4...........4
. 8.3
reports and tests ....4..........4......44....
..... 8.4
stop or suspend Work ..................
8.8. 13.10, 15.1
terminate CONTRACTOR's services ..........
8.8, 15.2
separate representative at site ...................9.3
independent testing ....4 ............. .6.4.....4.....
19. 4
use or occupancy of the
5.15, 14.10
Work ..................5.15.
written consent or approval
required ..................... .........
9.1, 6.3, 11.4
written notice
required .........7.1, 9.4, 9.11, 11.2.
11.9. 14.7, 15.4
PCBs -
1.29
definition of ........... .............................
4.5
general ................ ......6 ......................
OWNER's responsibility for ......................8.10
Partial Utilization -
1.28
definition of............6................6..........
general 4444.. .44 ...................44...
6.30.2.4, 14.10
Property Insurance .......................
...... 5.15
Patent Fees and Royalties
6.12
Payment Bonds .....................................
5.1-5.2
Payments, Recommendation of .............14.4-14.7,
14.13
Payments to CONTRACTOR and Completion -
Application for Progress Payments . . . . . .
• • • . . . . . . . . 14.2
CONTRACTOR's Warranty of Ttik ................14.3
Final Application for Payment ..........'''
• • • .. 14.12
Final Inspection.......................6..........
14.11
14.13-14.14
Final Payment and Acceptance .... . . . . . .
. . . . .
8.3, 14
general...................6...4....6.........4....
Partial Utilization ..................................
14.10
14.2
Retamage...........................................
Review of Applications for Progress
Payments......................14.414.7
prompt payment ......4.........4 ...............64...
8.3
14.1
Schedule of Values................4.................
Substantial Completion .......4...44.6..........
14.8-14.9
Waiver of Claims ...4444 ...........................
14. I5
when payments due ..........................
14.4. 14.13
withholding Payment ....................6.4..0.....4
14.7
Performarice Bonds.........................6.......
5.1-5.2
6.13
Permits ............... .. - ......4.......
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Article or Paragraph
Number
Article or Paragraph
Number
Petroleum— Regulations, Laws and (or) ...........................614
' definition of ........................................ 1.30 Rejecting Defective Work ............... .... .......... 9.6
general...................................4......4 .. 4.5 Related Work—
OWNER's responsibility for ... .................... 8.10 at Site..........................................7.1-7.3
Physical Conditions— Performed poor to Shop Drawings
I
Drawings of, in or relating to .................... 4.2.1.2 and Samples submittals review ................. 6.28
4.2.4 Remedies, cumulative ..........................17.4. 17.5
existing structures ....................4.......44...4 4.2.2 Removal or Correction of
general .....................4.444................. 4.2.1 2 Defective Work ............................... .... 13.11
Subsurface and ................... .... 4..4.4......4. 4.2 rental agreements. OWNER approval
Underground Facilities .............................. 4.3 required......................................11.4.5.3
Possible Contract Documents Change 4444........... 4.2.5 replacement of ENGINEER, by OWNER ............. 8.2
' Possible Price and Times Adjustments .... . ..... 4.2.6 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14 .2
Reports and Drawings . ......... ....4.2.1 Reports —
Notice of Differing Subsurface or, .... .... ... .... 4.2.3 and Drawings ......... 4 .... ...................... 4.2.1
Subsurface and ........4..4.4..4 ..................... 4 2 and Tests. OWNER's responsibility ......... ....... 8.4
' Subsurface Conditions ........4....4...........4.4 4.2.1.1 Resident Project Representative —
Technical 1.33
CONTRACTOR Authorized ....... 4 .. 4.4.4 ..... 4 2.2 provision for ....................................... 9.3
Underground Facilities— Resident Superintendent. CONTRACTOR's ............. 6.2
' general ........ ........................ ........ 4 3 Responsibilities —
Not Shown or Indicated .... .... ............. 4.3 2 CONTRAC[OR's-in general ..................... .... 6
Protection of .. ........................ ... 4.3. 6.20 ENGINEER's-in general ......4......4....4.....4.. . 9
Shown or Indicated .... ..... ................. 4.3.1 Limitations on ......... ...4..44.............4.... 9.13
' Technical Data ......................... 4.......... 4.2.2 OWNER's-in general .................. ............... 8
Preconstruction Conference . 4 ...................4.4.4.:8 Retarnage ............................................ 14.2
Preliminary Matters ......................................2 Reuse of Documents ..... ............................. 3.7
' Preliminary Schedules ...................... ........... 2.6 Review by CONTRACTOR: Shop Drawings
Premises. Use of ...... .... .... ................ 6.16-6.18 and Samples Prior to Submittal .................. ... 6.25
Price, Change of Contract ............... ............... I I Review of Applications for Progress
Price, Contract -definition of ..... .... ............... 1.11 Payments ......................................14.4-14.7
' Progress Payment. Applications for .. 14.2 Right to an adjustment................................10.2
Progress pay ment—retairiage .. .. .... .. . .. 14.2 Rights of Way ................. 4 ....... 4.4 .......... 4 ... 4.1
Progress schedule, CONTRACTOR's .... 2.6. 2.8, 2.9.6.6. Royalties. Patent Fees and 4 ... 4 .............. 4 ....... 4. 6.12
6.29, 10.4, 15.2.1 Safe Structural Loading ............. ................. 6.18
' Project —definition of .......................... .... 1.31 Safety —
Project Representative— and Protection ... ... 4.3.2, 6.16, 6.18, 6.20.6.21, 7.2. 13.2
ENGINEER's Status During Construction ....... .... 9.3 general ... ........ ........................ .. 6.20-6.23
' Project Representative. Resident Representative. CONTRACTOR's ..................6.21
—definition of ......... ......... ................4. 1.33 Samples —
prompt payment by OWNER ........................... 8.3 definition of ... ..........4......................... 1.34
Property Insurance general........................................6.24-6.28
' Additional .... .... .... ......... .... ............ 5.7 Review by CONTRACTOR .........................6.25
general ......... .. ..5.6.5.10 Review by ENGINEER .. .. 6.26, 6.27
Partial Utilization .... .... .... ............ 5.15. 14.!0.2 related Work .... .................................. 6.28
receipt and application of submittal of ............. ..................4...444 6.24.2
' proceeds ...... .... ......... ......4444 .5.12-5.13 submittal procedures................................6.25
Protection, Safety and .............. ...... 6.20.6.21. 13.2 Schedule of progress ..... 2.6. 2.8-2.9. 6.6, 6.29, 10.4, 15.2.1
Punch list ....................... .................... 14.11 Schedule of Shop Drawing and Sample
' Radioactive Material— Submittals ............ . ......... 2.6. 2.8-2.9, 6.24-6.28
definition .. .... 1.32 Schedule of Values ... .... ............. 2.6. 2.8-2.9. 14.1
4444 ......... ......... ........ .
general . .... ................. . 4.5 Schedules—
............. 4444
OWNER's responsibility for ......... .... ......... 8.10 Adherence to .... ............................ ... 15.2.1
' Recommendation of Payment ... ..... .... 14.4, 14,5. 14.13 Adjusting ................ ........................... 6.6
Record Documents ........................ .... 6 19. 14.12 Change of Contract Tirnes ............. ............ 10.4
Records, procedures for maintaining . ............. ... 2.8 Initially Acceptable ............................... 2.8-2.9
Reference Points ............... ...................... 4.4 Preliminary ............................. ............ 2.6
Reference to Standards and Specifications Scope of Changes ..............................10.3-10.4
• of Technical Societies ......... ...................... 3.3 Subsurface Conditions ........................ ..... 4.2.1.1
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Article
or Paragraph
Number
Shop Drawings —
and Samples, general ...........................
6.24-6.28
Change Orders & Applications for
Payments, and ............... ...............
9..7.9.9
definition of .....................................
1.35
ENGINEER's approval of .......... .............
3.6.2
ENGINEER's responsibility
for review ............... .............
9 7.6.24-6.28
related Work ........ ..... ................
........ 6.28
review procedures ....... ..................8.6._411.'
' 8
submittal required ................ ........
... ... 6.24.1
Submittal Procedures ..... ............. ...
.... .. 6.25
use to approve substitutions ................
...... 6.?.3
Shown or Indicated ...........................
. 4.3.1
Site Access .......... ......... ............
..... 7.2. 13.2
Site Cleanliness ............... .............
......... 6.17
Site, Visits to —
by ENGINEER .............................92.13.2
by others ............ .............
....... 13.2
"Special causes of loss" policy form, insurance ..... . 5.6.2
Specifications —
definition of ......... ........ .................
1.36
of Technical Societies, reference to . ...
........ . 3.3.1
precedence.................... ...................
3.3.3
Standards and Specifications of Technical
Societies .................. ......... ........
....3.3
Starting Construction. Before . .... ........
.... .. 2.5-2.8
Starting the Work ............ ......................
.. 2.4
Stop or Suspend Work —
by CONTRACTOR ............ ....................
15.5
by OWNER ...........................
8.8. 13.10, 15.1
Storage of materials and equipment ....... ....
.... 4.1. 7.2
Structural Loading. Safety ..... ..................
.... 6.18
Subcontractor —
Concerning ..... .... ......... .... ....
....... 6.8-6.1 I
definition of ............ ..........................
1.37
123
delays...........................
.
waiver of rights ............ .... ...................
6.11
Subcontractors —in general .......................6.84.11
Subcontracts required provisions ........ 5.11. 6.11,
11 4.3
Submittals —
Applications for Payment .................. .......
14.2
Maintenance and Operation Manuals ............
.. 14.12
Procedures ............... ......... ............
6.25
Progress Schedules .......... .............
2.6. 2.9
Samples............................. ........
6.24-6.28
Schedule of Values .................... ........
2.6. 14.1
Schedule of Shop Drawings and
Samples Submissions ....... ......... .. 2.6,
2.8-2.9
Shop Drawings ........... .................. ..
6.2416.28
Substantial Completion —
certification of ............. ......... 6.30.2.3.
14.8-14.9
definition of .....................................
1 38
Substitute Construction Methods or Procedures .......6.7.2
Substitutes and "Or Equal" Items .............. ....
6.7
CONTRACTOR's Expense .. ....................
6.7.1.3
ENGINEER's Evaluation .................... .....
6.7.3
"Or -Equal" ......... ........ .....
6.7.1
...............
Substitute Construction Methods of Procedures
.... 6.7.2
Article or Paragraph
Number
Substitute Items ..................................
6.7.1.2
Subsurface and Physical Conditions —
Drawings of, in or relating to ..... .............
. 4.2.1.2
ENGINEER's Review .........................4.2.4
...... ..........4...
..... 4.2
general .................
Limited Reliance by CONTRACTOR
Authorized .. ......... ... ........ ..........4.2.2
Notice of Differing Subsurface or
Physical Conditions .......... ..................
.. 4.2.3
Physical Conditions ..............................
4.2.1.2
Possible Contract Documents Change ..... .......
4.2.5
Possible Price and Times Adjustments .........
.... 4,2.6
Reports and Drawings .. ......... .............
..... 4 2.1
Subsurface and ................. ..... 4.1.......
I... 4._
Subsurface Conditions at the Site ............
... 4.2.1.1
Technical Data .............. .............
..... .. 4 2.2
Supervision—
CONTRACIOR's responsibility ....................
6.1
OWNER shall not supervise .............
..... ..... 8.9
ENGINEER shall not supervise ........ .....
9 2, 9.13.2_
Superintendence ....................6.2
Superintendent. CONTRACTOR's resident
..........6.2
Supplemental costs ........... ........ ....
........ 11.4.5
Supplementary Conditions —
definition of .................. ............4.......
1.39
principal reference to .. . 1.10. 1.18. 2.2, 2.7.4.2.
4.3, 5 1,
5.3.5.4,5.6-5.9,5.11,6.8.6.13,7.4.8.11,9.3.9.10
Supplementing Contract Documents ...........
........ 3.6
Supplier —
definition of .........................I
1.40
principal references to .......... 3.7,
6.5, 6.816.11,
6.20. 6.24. 9.13. 14.12
Waiver of Rights ..... ..............................
6.11
Surety —
consent to final payment .....................
14.12. 14.14
ENGINEER has no duty to . .......................
9.13
Notification of ...........................
10.1. 10.5. 15.2
qualification of .. ...............................
5.1-5.3
Survival of Obligations .........................
...... 6.34
Suspend Work, OWNER May ...... .........
. 13.10. 15.1
Suspension of Work and Termination— ..................IS
CONTRACTOR May Stop Work or
Ternunate........................................
15.5
OWNER May Suspend Work .......................
15.1
OWNER May Terminate .......................15.2-15.4
Taxes -Payment by CONTRACTOR ....................
6.15
Technical Data —
Limited Relianceby CONTRACTOR ...............
4.2.2
Possible Price and Times Adjustments ..........
... 4.2.6
Reports of Differing Subsurface and
Physical Conditions .............................:
4.2.3
Temporary construction facilities ......................4.1
Termination —
by CONTRACTOR ................................
15.5
by OWNER . .............................
8.8, 15.1.15.4
of ENGINEER's employment ......................
. 8.2
Suspension of Work-in general ..................
..... 15
Terms and Adjectives ... ..............................
3.4
Tests and Inspections —
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Number
Access to the Work, by others ...... .............
. 13.2
CONTRACPOR's responsibilities ...................
13.5
costof .............................................
13.4
covering Work prior to ......... ...............
13.6.13.7
Laws and Regulations (or) ..........................
13.5
Notice of Defects...................................13.1
OWNER May Stop Work ........................
13.10
OWNER's independent testing ........... ..........
13.4
special, required by ENGINEER ....................
9.6
timely notice required .............................
. 13.4
Uncovering the Work. at ENGINEER's
request .................... ...............
13.8-13.9
Times —
Adjusting ..........................................
6.6
Change of Contract ...............................
12
Adjusting .......................................
.... 6.6
Computation of ..................
........ ......... 17.2
Contract Times —definition of
...................... 1.12
day.............................
4................ 17.72
Milestones .................................
......... 12
Requirements —
appeals.........................................
16
clarifications, claims and
disputes ...................
.... .... 9.11. 11.2. 12
commencement of contract
times .................. 2.3
preconstruction conference
...................... 2.8
schedules.................................2.6,
2.9. 6.6
starting the Work.................................2
4
Title. Warranty of ...................
................. 14.3
Uncovering Work ...................
............ 13.8.13.9
Underground Facilities. Physical
Conditions —
definition of .. ......... ..............
........ ... 1.41
Not Shown or Indicated ...........................
4.3.2
protection of ...................................
4.3. 6.20
Shown or Indicated................................4.3.1
Unit Price Work —
claims .. ......... .... ....
......... ... ...... 11.9.3
definition of
............... 1.42
... .... ...............
general .. ... ....................
...... 11.9. 14.1, 14.5
Unit Prices —
general...... ......... ...............
.... ... . 11.3.1
Determination for ..............
.... ............... 9.10
Use of Premises ........................
6.16. 6.18.6.30.2.4
Utility owners ......................
6.13. 6.20. 7.1.7.3. 13.2
Article or Paragraph
Number
Utilization. Partial ............... 1.28, 5.15,
6.30.2.4. 14.10
Value of the Work .....................................
11.3
Values. Schedule of ....................... 2.6, 2.8.2.9. 14
Variations in Work —Minor
Authorized ................................
6.25.6.27.9.5
Visits of Site —by ENGINEER .... ....................
9.2
Waiver of Claims -on Final
Payment .........................................
14.15
Waiver of Rights by insured parties ...............
5 11.6.11
Warranty and Guarantee. General --by
CONTRACTOR ....................................6.30
Warranty of Title, CONTRACTOR's ...................
14.3
Work —
Access to ..........................................
13.2
by others .............................................7
7
Changes in the ......................................10
Continuingthe.....................................6.29
CONTRACTOR May Stop Work
or Terminate ..................................
15.5
Coordination of ........................ .............
7.4
Cost of the .....................................
11.4.11.5
definition of ........................................
1.43
neglected by CON'TRACIOR ......................
13.14
other Work ............................................
7
OWNER May Stop Work ..........................
13.10
OWNER May Suspend Work .................
13.10. 15.1
Related. Work at Site .............................
7.1.7.3
Starting the ............... ..........................
2.4
Stopping by CONTRACTOR ........................
15.5
Stopping by OWNER ......... ................
15.1-15.4
Variation and deviation authorized,
minor..................... .....................
3.6
Work Change Directive.
claims pursuant to ..................................
10.2
definition of........................................1.44
principal references to ....................
3.5.3. 10.1-10.2
Written Amendment —
definition of .......................................
1.45
pnncipal references to ... 1.10, 3.5. 5.10. 5.12,
6.6.2, 6.8.2,
6.19, 10.1, 10.4,11.2. 12.1,
13.12.2, 14.7.2
Written Clarifications and
Interpretations ... .......................
3.6.3, 9.4. 9.11
Written Notice Required —
by CONTRACTOR ........ 7.1, 9.10-9.1 1.
10.4, 11.2.12,1
1.2, 12.1
by OWNER ....................9.10-9.11.
10.4, 11.2, 13.14
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GENERAL CONDITIONS
ARTICLE 1 —DEFINITIONS Additions SC 1
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
I.I. Addenda —Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1.3. Application for Payment —The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid —The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents —The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
17 Bidding Requirements —The advertisement or invita-
tion to Bid, instructions to bidders. and the Bid form.
I.S. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by ENGI-
NEER. which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Times, issued
on or after the Effective Date of the Agreement.
1.10. Contract Documents —The Agreement. Addenda
(which pertain to the Contract Documents}. CONTRACTOR'S
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions. the
Supplementary Conditions. the Specifications and the Draw-
ings as the same are more specifically identified in the Agree -
meat, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1. and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
III Contract Price —The moneys payable by OWNER to
CONTRACTOR, for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times —The numbers of days or the dates
stated in the Agreement: p) to achieve Substantial Completion,
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying the
word Work refers to Work that is unsatisfactory. faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard. test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEER's recommendation of final payment (unless responsi-
bility for the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1 15. Drawings —The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined
1.16. Effective Date of the Agreement —The date indicated
in the Agreement on which it becomes effective, but if no such
date is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEER —The person. firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consultant —A person. firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order —A written order issued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
6-13
1.20. General Requirements --Sections of Division I of the
Specifications.
1.21 Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section I0)4 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies,
authorities and courts having jurisdiction.
1.23. Liens —Liens, charges, security interests or encum-
brances upon real property or personal property.
1.24. Milestone —A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work
1.24. Notice ofAward—The written notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
1.26. Notice to Proceed—Awntten notice given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR's obligations under the Contract Documents
1.21. OWNER —The public body or authority. corpora-
tion. association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Partial Utilization —Use by OWNER of a substan-
tially completed part of the Work for the purpose for which it is
intended for a related purpose) prior to Substantial Completion
of all the Work.
1.29. PCBs—Po)ychlonnated biphenyls.
1.30. Petroleum —Petroleum. including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure 160 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil. petroleum. fuel
oil, oil sludge. oil refuse, gasoline. kerosene. and oil mixed with
other non -Hazardous Wastes and crude oils.
131 Project —The total construction of which the Work to
be provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to
time.
1.33. Resident Project Representative— The authorized
representative of ENGINEER who may be assigned to the site
or any part thereof.
1.34. Samples —Physical examples of materials. equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
1.35. Shop Drawings —All drawings. diagrams. illustra-
tions. schedules and other data or information which are
specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
the Work.
1.36. Specifications —Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment, construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor —An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a pan of the Work
at the site.
1.38. Substantial Completion —The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion. it is sufficiently com-
plete. in accordance with the Contract Documents, so that the
Work for specified part) can be utilized for the purposes for
which it is intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER's written recommendation of final payment in
accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the Contract
Documents which amends or supplements these General Con-
ditions
1.40. Supplier —A manufacturer, fabricator, supplier, dis-
tributor. matenalman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontractor.
1,41. Underground Facilities —All pipelines, conduits, ducts.
cables. wires, manholes. vaults, tanks, tunnels or other such
facilities or attachments. and any encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity, gases. steam.
liquid petroleum products, telephone or other communica-
tions. cable television, sewage and drainage removal, traffic or
other control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis of
unit prices.
6-14
I
1.43. Work —The entire completed construction or the var-
ious separately identifiable pans thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction.
and performing or furnishing services and furnishing docu-
ments. all as required by the Contract Documents.
1.44. Work Change Directive —A wntten directive to CON-
TRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER. ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Pnce or Contract rimes as provided in
paragraph 10.2_.
145 Written Amendment —A wntten amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineenng or nontechnical rather than
stnctly construction -related aspects of the Contract Docu-
ments.
ARTICLE 2 —PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5 I
Copies of Documents:
Addition see SC2.2
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies iunless otherwise specified in the Supplementary Con-
ditionsi of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished. upon request. at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed:
2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement, or. if a Notice
to Proceed is given, on the day indicated in the Notice to Proceed.
A Notice to Proceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the AgreemT ent. whichever date is earlier.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run. but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Starting Consbucnon:
2.5. Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error. ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict. error. ambiguity or discrepancy in the Contract Doc-
uments. unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the vanous stages of the Work. including any Milestones
specified in the Contract Documents:
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal:
2.6.3. a preliminary schedule of values for all of the
work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments dunng construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7 Before any Work at the site is started. CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4.5.6 and 5.7. Addition see SC 2 . 7
Preco/Wrteaan Conference:
2.8.
Within
twenty days after
the
Contract
Times start to
run, but
before
any Work at the
site
is started.
a conference
6 -IS
attended by CONTRACTOR. ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals. processing Applications for
Payment and maintaining required records.
lnirially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACTOR.
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules an submitted to and acceptable to ENGINEER as
provided below. The progress schedule will be acceptable to
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI-
NEER responsibility for the sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACIDR's full responsibility therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3 —CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usage as being required to produce the intended result
will be furnished and performed whether or not specifically
called for. When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work. materials or equipment. such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Spec¢ieaAons of Technical
Societies; Reporting and Resolving Discaepancies:
3.3.1. Reference to standards, specifications, manuals or
codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard, specification, manual, code or
Laws or Regulations in effect at the time of opening of Bids
lor. on the Effective Date of the Agreement if there were no
Bids), except as may be otherwise specifically stated in the
Contract Documents.
3.3.2. If. during the performance of the Work. CON-
TRACTOR discovers any conflict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in writing at
once, and, CONTRACTOR shalt not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6. the provisions of the Contract
Documents shall take precedence in resolving any conflict,
error. ambiguity or discrepancy between the provisions of
the Contract Documents and.
3 3.1 I the provisions of any such standard, speci-
fication, manual. code or instruction Iwhether or not
specifically incorporated by reference in the Contract
Documents): or
3.3.3.2. the provisions of any such Laws or Regu-
lations applicable to the performance of the Work
(unless such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation)
No provision of any such standard. specification, manual,
code or instruction shall be effective to change the duties and
responsibilities of O WN ER, CONTRACTOR or ENG IN EER.
or any of their subcontractors. consultants, agents. or em-
ployees from those set forth in the Contract Documents, nor
shall it be effective to assign to OWNER. ENGINEER or
any of ENGINEERS Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
G-16
performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9.13 or any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contract Documents the terms "as
ordered." "as directed." "as required." "as allowed," "as
approved" or terms of like effect or Import are used, or the
adjectives "reasonable."' suitable. "'acceptable. "'proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement. direction, review or judgment will be solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents runless there is a
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition. the requirements of the Contract Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Field Order (pursuant to paragraph 9.5).
of the Drawings. Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings. Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adoption by ENGINEER.
ARTICLE 4 —AVAILABILITY OF LANDS:
SUBSURFACE AND PHYSICAL
CONDITIONS: REFERENCE POINTS
Availability of lands:
4.1 OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be performed.
rights -of -way and easements for access thereto. and such other
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request. OWNER shall furnish CON-
TRACTOR with a correct statement of record legal title and
legal description of the lands upon which the Work is to be
performed and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights -of -way or easements,
CONTRACTOR may make a claim therefor as provided in
Articles II and 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
3.6.2.
ENGINEER's approval of a
Shop
Drawing or
4.2A. Reports and Drawings: Reference is made to the
Sample
(pursuant to paragraphs 6 26 and
6.:7).
or
Supplementary Conditions for identification of:
3.6.3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or organization performing or furnishing any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
4.2.1.1. Subsurface Conditions.• Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents: and
4.2.1.2. Physicaiconditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities) that have been utilized by ENGINEER in prepar-
ing the Contract Documents.
6- 17
I
4.2.2. Limited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings. but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech-
nical data;' CONTRACTOR may not rely upon or make any
claim against OWNER. ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACTOR's purposes. including, but not limited
to. any aspects of the means, methods, techniques. se-
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data. interpretations, opinions and infor-
mation contained in such reports or shown or indicated in
such drawings, or
4.2.2.3 any CONTRAC OR interpretation of or conclu-
sion drawn from any "technical data" or any such data.
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi•
pons. If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either:
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents, or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents, or
4 2.3.4. is of an unusual nature, and differs materially
from conditions ordinanly encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents: then
CONTRACTOR shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith lexcept in an
emergency as permitted by paragraph 6.23). notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith lexcept as aforesaid) until re-
ceipt of written order to do so.
42 4 ENGINEER s Review. ENGINEER will promptly
review the pertinent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
4.2.5. Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3., a Work Change Directive or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments. An equitable
adjustment in the Contract Price or in the Contract Times, or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACTOR's cost of. or time required for
performance of. the Work; subject, however. to the following:
4.2.6.1such condition must meet any one or more of the
categories described in paragraphs 4 2.3.1 through 4.114.
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9: and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition could rea-
sonably have been discovered or revealed as a result of
any examination, investigation, exploration, test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRACTOR's making
such final commitment; or
4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
if OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Times.
a claim may be made therefor as provided in Articles II and 12.
However. OWNER. ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONTRACTOR for any claims.
costs. losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
43. Physical Conditions—Undergromrd Foeiiines:
4.3.1. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on
6 —is
information and data furnished to OWNER or ENGINEER by
the owners of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or data, and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sibility for Li) reviewing and checking all such information and
data, (ii) locating all Underground Facilities shown or indicated
in the Contract Documents. (Iii) coordination of the Work with
the owners of such Underground Facilities during construction,
and (iv) the safety and protection of all such Underground
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated. If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON-
TRACTOR shall, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.231. identify the owner
of such Underground Facility and give wntten notice to that
owner and to OWNER and ENGINEER ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility If ENGINEER con-
cludes that a change in the Contract Documents is required. a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time. CONTRACTOR shat; be respon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6 20 CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times. or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times. CONTRACTOR may make
a claim therefor as provided in Articles 11 and Q. However,
OWNER. ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims. costs. losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated protect
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for laying
out the Work. shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio -
alive Material:
4.5 1. OWNER shall be responsible for any Asbestos,
PCBs. Petroleum. Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR. Subcontractor. Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.52. CON TRACIDR shall immediately it) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and iii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action.
if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work, or ( ii) specifying any special conditions
under which such Work may be resumed safely. If OWN ER
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any. in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed. either party may make a claim
therefor as provided in Articles 11 and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions. then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles II and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations. OWNER shall indemnify and hold harmless CON-
TRACTOR, Subcontractors, ENGINEER. ENGINEER's
G-19
I
I
I
Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
ansing out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom,
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence.
4 5 5 The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5 —BONDS AND INSURANCE
Additions see SC -5,1.1 and 5,1,2
Performance, Paynent and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except as
provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations.
and shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570(amended)
by the Audit Staff, Bureau of Government Financial Opera-
tions. C.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified cop) of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
Project is located or it ceases to meet the requirements of
paragraph 5.1. CONTRACTOR shall within ien days thereafter
substitute another Bond and surety. both of which must be
acceptable to OWNER.
Replacement see SC 5,2
5.3. Licensed Sondes and Insurers; Certificates of Insurance:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the juns-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
Additions see SC 5,3,;
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5. % hereof
Revision see SC 5.3.2
CONTRCCIMJR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or
furnish any of the Work, or by anyone for whose acts any of
them may be liable:
5.4.1. claims under workers' compensation. disability
benefits and other similar employee benefit acts.
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CONTRAC-
TOR's employees:
5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR's employees:
5.4.4. claims for damages insured by customary personal
injury liability coverage which are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or (ii)
by any other person for any other reason;
5.4.5 claims for damages. other than to the Work itself,
because of injury to or destruction of tangible property
wherever located, including loss of use resulting therefrom;
and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage ansing out of the
ownership, maintenance or use of any motor vehicle.
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The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7 with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive. include as additional insureds
(subject to any customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds. and include coverage for the respective
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations.
whichever is greater:
5.4.9. include completed operations insurance:
5.4.10. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under paragraphs
6.12. 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled. materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide):
5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance.
and any insurance coverage written on a claims -made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
Addition see SC 5.4.14
OWNER's Liability Insarmwe:
5.5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option. may purchase and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Replacement see Sc 5.5
Property lnsurmrce:
5 6 Unless otherwise provided in the Supplementary Con-
ditions. OWNER shall purchase and maintain property insur-
ante upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER. CONTRAC-
TOR. Subcontractors. ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings. falsework and Work in transit and shall
insure against at least the following penis fire, lightning.
extended coverage, theft, vandalism and malicious mischief.
earthquake. collapse. debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage.
and such other penis as may be specifically required by the
Supplementary Conditions:
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects):
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER. CON-
TRACIDR and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER. ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
Replacement see Sc 5.7
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 56 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11.
' Replacement see SC 5.6 6. 21
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5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR, Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR.
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
Delete 5.10
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7. OWNER shall. if possi-
ble, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Oder or
Written Amendment. Prior to commencement of the Work at
the site. OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11, Waiver of Rights;
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5 7 will protect OWNER. CONTRACTOR. Subcontractors.
ENGINEER. ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. Ali such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers, directors.
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work, and. in addition. waive all such rights against
Subcontractors. ENGINEER. ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued
5.11 2 In addition, OWNER waives all rights against
CONTRACTOR. Subcontractors. ENGINEER. ENGI-
NEER's Consultants and the officers. directors, employees
and agents of any of :hem. for:
5.11.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by. arising out of or resulting from fire or other
peril, whether or not insured by OWNER: and
5.11.2.2. loss or damage to the completed Project or
part thereof caused by. ansing out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR. Subcontractors. ENGINEER. ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5 13
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
Delete 5.'3
5.13. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If such
objection be made. OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest. OWNER as fiduciary shall give bond
for the proper performance of such duties.
Acceptance of Bonds and Insurance: Opfion to Replace:
5.14. If either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such party by the Contract Documents.
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy. the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
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required to provide such coverage. and a Change Order shall
be issued to adjust :he Contract Price accordingly.
Pmfal L'rilirnhon—Property Insurance:
5,15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work. such use or occupancy mas be accomplished in
accordance with paragraph 14 10: prosided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
witting effected am changes in coverage necessitated therehs.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies. but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy
ARTICLE 6—CONTR.'\CTOR S RESPONSIBILITIES
Supervision and Supennlendence:
6.1. CONTRACTOR steal' supery rye. inspect and direct the
Work competentq and ethc:ent'.y. denoting such attention
thereto and applying such skills and expertise as may he
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACTOR ,hall he solely responsible
for the means. methods. techmcues sequences and procedures
of construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
specific means. method. technique, sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that :he completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not a replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR s representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superntendent shall be as
binding as if given to CONTRACTOR.
Labor, .Materials and Equipment:
6.3. CONTRACTOR shal l provide competent. suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good disc,p:me and order at the site. Except
as otherwise required for the satety or protection of persons or
the Work or property at :he site or adjacent theretoand except
as otherwise indicated in the Contract Documents. all Work at
the site shall be performed during regular working hours and
CONTRACTOR will not permit overtime work or the perfor-
mance mance of Work on Saturday. Sunday or any legal
without OWNER's written consent given after prior written
notice to ENGINEER.
64 Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
,ibility for all materials. equipment. labor, transportation. con-
struction equipment and machinery. tools. appliances, fuel.
powerlight. heat, telephone, water, sanitary facilities, tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishingperformance, testing, start-up and comple-
:ion of the Work.
6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of O W N ER.
If •equred by ENGINEER. CONTRACTOR shall furnish
satisfactory evidence Iincluding reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied. installed, connected, erected.
used. cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance Lto the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
Additior. see SC 6.6
6.7. Subsomres and "or -Equal" Items:
6.%.I. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type. function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or "or -equal" item or no
substitution is permitted. other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
6-23
6.7.1.1. "Or -Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
or -equal" item, in which case review and approval of the
proposed item may. in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or -equal " item
under subparagraph 6 7 1.1. it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi-
cient information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent. if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time. whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty All variations of The proposed substitute from that
specified will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute. including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute
6.7.1.3. CONTRACTOR's Expense. All data to be
provided by CONTRACTOR in support of any proposed
"or -equal" or substitute item will be at CONTRACTOR's
expense.
6.7.2. Substitute Construction Methods or Procedures- if a
specific means, method, technique, sequence or procedure of
construction is shown or indicated in and expressly required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation- ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.7 12 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or -
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or
other surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs 6 7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWN ER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2). whether initially or as a substitute,
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor. Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
my of certain Subcontractors. Suppliers or other persons or
organizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted a
list thereof in accordance with the Supplementary Condi-
tions. OWNER's or ENGINEER's acceptance leither in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such Subcon-
tractor. Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigation, in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
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substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor. Supplier or other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors. Suppliers and other persons and organiza-
tions performing or furnishing anv of the Work under a direct
or indirect contract with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACTORS own acts
and omissions. Nothing :n the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor. Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
anv such Subcontractor. Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shat be soleiy responsible for
scheduling and coordinating :he Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors. Suppliers and such other persons and organiza-
tions performing or furnishing anv of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will he pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7. the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER. CONTRACTOR. ENGINEER.
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by. arising out of or resulting
from any of the penis covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier. CONTRACTOR will obtain the
same.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any invention,
design, process. product or device which is the subject of
patent rights or copyrights held by others if a particular
invention, design, process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations. CONTRACTOR shall indemnify and hold harm-
less OWNER. ENGINEER, ENGINEER'S Consultants and
the officers, directors. employees, agents and other consultants
of each and any of them from and against all claims. costs.
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
Pernuts:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shalt assist CON-
TRACTOR. when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids, or. if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work. and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
6.14.1. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neitherOWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses and damages caused by, arising out of or resulting
therefrom: however, it shall not be CONTRACTOR'S pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the Laws and Regulations of the place of
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the Project which are applicable during the performance of the
Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment. the storage of materials and equipment and the opera-
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations, rights -of -way, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work. CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law. CON-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER. ENGI-
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims.
costs, losses and damages ansing out of or resulting from any
claim or action, legal or equitable. brought by any such owner
or occupant against OWNER. ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as well as all tools, appliances, construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the sue clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Contract Documents
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
Record Documwnts:
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings. Specifications. Addenda.
Written Amendments. Change Orders. Work Change Direc-
tives, Field Orders and written interpretations and clanfica-
tions (issued pursuant to paragraph 9.61 in good order and
annotated to show all changes made during construction
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference Upon completion of
the Work. these record documents, Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of. and shall provide
the necessary protection to prevent damage, injury or loss !o:
6.20.1. all persons on the Work site or who may be
affected by the Work:
6.202. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site,
and
6.20.3. other property at the site or adjacent thereto.
including trees, shrubs, lawns, walks, pavements, roadways.
structures, utilities and Underground Facilities not desig-
nated for removal. relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having junsdictnon for safety of
persons or property or to protect them from damage. injury or
loss: and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them.
and shall cooperate with them in the protection, removal.
relocation and replacement of their properly. All damage.
injury or loss to any property referred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor. Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRACTOR lexcept damage or loss attributable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable, directly or indi-
rectly. in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor. Supplier or other per-
son or organization directly or indirectly employed by any of
them). CONTRACTOR's duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
graph 14 13 that the Work is acceptable lexcept as otherwise
expressly provided in connection with Substantial Comple-
tion).
Safely Reprcsenraove:
6.21. CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
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responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro -
warns.
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto. CONTRACTOR, without special instruction or au-
thonzation from OWNER or ENGINEER. is obligated to
act to prevent threatened damage. injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency.
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria.
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6 26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material.
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
ple. CONTRACTOR shall have determined and verified:
6.25.1.1all field measurements, quantities, dimen-
sions. specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.25.1.2. all materials with respect to intended use,
fabrication. shipping, handling, storage, assembly and
installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRACTOR'S
sole responsibilities in respect of means. methods, tech-
niques. sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACTOR'S obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents.
such notice to be in a written communication separate from
the submittal: and, in addition. shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such vanation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means.
methods, techniques, sequences or procedures of construction
texcept where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6,27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
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Documents unless CONTRACTOR has in witting called EN-
GINEER's attention to each such variation at the time of
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER'S review and approval of the pertinent submittal will c
at the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6 29 CONTRACTOR shall carry on the Worn and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing
6.30. CONTRACTOR's General Warranty and Guarantee:
ndd_t:ori - See SC 6 - 30 , 3.
6 30. I. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defecine. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers: or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. None of :he following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30 2 I observations by ENGINEER:
6 30.2.3. recommendation of any progress or final
payment by ENGINEER:
6 30.2 3 the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents:
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any failure to
do so;
6.30.2.6. any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13:
6.30.2.7. any inspection, test or approval by others. or
6.30.2.8. any correction of defective Work by OWJER
addi ior. - See Sc 6.30.3
Indemnification:
6.31. To the fullest ex.ent permitted by Laws and Regula-
tions. CONTRACTOR snail indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
cf engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: ti) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property tother than the
Work itself), including the loss of use resulting therefrom, and
ii is is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier.
any person or eorganization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR.
any Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be riable, the indemnification obligation under paragraph
6 31 shalt not be limited in any way by any limitation on the
amount or type of damages. compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers. directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
Survival of Obligations:
6.34 All representations, indemnifications, warranties and
guarantees made in, required by or given in accordance with
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the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents. will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7 —OTHER WORK
•' Additicas see Sc 7.5
Related Work at Site:
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7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these. or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents. then
(it written notice thereof will be given W CONTRACTOR
prior to starting any such other work. and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles 11
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER. if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents. CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting. excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7 3. If the proper execution or results of any part of
CONTRACTOR s Work depends upon work performed by
others under this Article 7. CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRACT0R's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
coordination:
7.4. If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
1.4.1. the person. firm or corporation who will have
authonty and responsibility for coordination of the activities
among the various prime contractors will be identified:
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized: and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8 —OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing structures at or contiguous tothe site tth
at
have been utilized by ENGINEER in preparing the Contract
Documents.
Delete 8,5
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions. tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and I5 1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances
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8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for. CONTRAC-
TOR's means, methods. techniques. sequences or procedures
of construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents. OWNER's responsibility in respect
thereof will be as set forth in the Supplementan Conditions.
ARTICLE 9 —ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9 I ENGINEER wilt be OWNER's representative during
the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction. as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that has been
made and the quality of the various aspects of CONTRAC-
TOR's executed Work. Based on information obtained during
such visits and observations. ENGINEER will endeavor for
the benefit of OWNER to determine, in genera.. if the Work is
proceeding in accordance with the Contract Documents EN-
GINEER will not be required to make exhaustive or continu-
ous on -site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work will conform generally to the Contract Documents On
the basis of such visits and on -site observations. ENGINEER
will keep OWNER informed of the progress of the Work and
will endeavor to guard OWNER againsi de!errr Work. EN-
(INEER's visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13. and particularly, but without limitation-
dunng or as a result of ENGINEER's on -site visits or
G- 30
observations of CONTRACTOR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRACTOR's means. methods, techniques, se-
quences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of the Work
Project Representative:
9.3. If OWNERand ENGINEER agree. ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant. agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions
Cfanjications and Interprewtons:
94. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents tin the form of Drawings or
otherwise) as ENGINEER may determine necessary. which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof. if any. OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article Ii or Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved promptly.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof. OWNER or CONTRACTOR may make a
written claim therefor as provided in Article II or 12.
Rejecting Defective Work:
9 6
ENGINEER will have
authority
to disapprove
or
reject
Work which ENGINEER
believes
to be defective,
or
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that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9.
whether or not the Work is fabricated. installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER% authority as to
Shop Drawings and Samples, see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders. see Articles 10. II. and 12.
9.9. In connection with ENGINEER s authority as to
Applications for Payment. see Article 4
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER s preliminary determinations on such matters before
rendering a written decision thereon toy recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision :hereon will be final and binding upon OWNER and
CONTRACTOR. unless. within ten days after the date of any
such decision. either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER'S decision and: tit an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC -A.
"Dispute Resolution Agreement." entered into between
OWNER and CONTRACTOR pursuant to Article 16. or iii) if
no such Dispute Resolution Agreement has been entered into.
a formal proceeding is instituted by the appealing party in a
forum of competent junsdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER"s decisionunless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly
shut in no event later than thirty days) after the start of the
occurrence or event giving rise thereto. and written supporting
data will be submitted to ENGINEER and the other party
within sixty days after the stall of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittalif any. in accordance with this
paragraph. ENGINEER's written decision on such claim.
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: ti) an appeal from ENGINEER'S
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC -A. "Dispute Reso-
lution Agreement.' entered into -between OWNER and CON-
TRACTOR pursuant to Article 16, or iii) if no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing ply in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision. unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9 1 I with respect
to any such claim, dispute or other matter lexcept any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article 16.
9.13. LimiSoat on E,NGINEER'r Authority and RespoSbdiSs.
9 13.1. Neither ENGINEERWs authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking. exercise or performance
of any authority or responsibility by ENGINEER shall
create. impose or give nse to any duty owed by ENGINEER
to CONTRACTOR. any Subcontractor, any Supplier, any
other person or organization, or to any surety for or em-
ployee or agent of any of them.
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9.13.2. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor.
any Supplier, or of any other person or organization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees.
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14 12 will only be to determine generally that their content
complies with the requirements of. and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shalt also apply to ENGI-
NEER's Consultants. Resident Project Representative and
assistants.
ARTICLE 10 -CHANGES IN THE WORK
10 t Without invalidating the Agreement and without
notice to an surety. OWNER may. at any time or from time
to time, order additions, deletions or revisions in the Work.
Such additions, deletions or revisions will be authorized by
a Written Amendment, a Change Order, or a Work Change
Directive Lpon receipt of any such document. CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed unde- the applicabre conaiuons of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any. of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive, a claim may be made
therefor as provided in Article I I or.Aricle 12.
10.3. CONTRACTOR shall not be entitled to an increase in
the Contract Price or an extension of the Contract Times with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering.
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14. or (iii)
agreed to by the parties.
10.4.2.
changes
in the Contract
Price or Contract Times
which
are agreed' to
by the parties:
and
10.4.3. changes in the Contract Price or Contract Times
which embody the substance of any wntten decision ren-
dered by ENGINEER pursuant to paragraph 9 II;
provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents tinclud-
ing. but not limited to. Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a surely.
the giving of any such notice will be CONTRACTOR's respon-
sibility, and the amount of each applicable Bond will be
adjusted accordingly.
Addition see Sc 1C.6
ARTICLE I 1 —CHANGE OF CONTRACT PRICE
1I.I. The Contract Price constitutes the total compensa-
tion (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibili-
ties and obligations assigned to or undertaken by CONTRACTOR
shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
:o ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shalt be delivered
within sixty days after the stall of such occurrence or event
lunless ENGINEER allows additional lime for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's wntten statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will
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be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3 I. where the Work involved is covered by unit
prices contained in the Contract Documents. by application
of such unit pnces to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive):
11.3.2. where the Work involved is not covered by unit
pnces contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2):
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2. on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACDOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Cost oldie Work.'
11.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER. such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll costs for employees not
employed full time on the Work shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to. salaries and wages plus the
cost of fringe benefits which shall include social security
contributions. unemployment, excise and payroll taxes, work-
erscompensation, health and retirement benefits, bonuses.
sick leave, vacation and holiday pay applicable thereto. The
expenses of performing Work after regular working hours,
on Saturday. Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments. in which case the
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required by OWNER. CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to OWNER
and CONTRACTOR and shall deliver such bids to OWNER
who will then deterrmne. with the advice of ENGINEER.
which bids, if any. will be accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRAC'iOR's Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11?. All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants iincluding but not
limited to engineers, architects, testing laboratories, survey-
ors. attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONRACIOWs em-
ployees incurred in discharge of duties connected with the
Work.
11.4,5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery.
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereofallin
accordance with the terms of said rental agreements. The
rental of any such equipment. machinery or parts shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer. use or similar taxes related
to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTItCIOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
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11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRACTOR, any Subcontractor. or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee. If, however, any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams. long dis-
tance telephone calls, telephone service at the site. ex-
pressage and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships). general managers, engineers, ar-
chitects, estimators, attorneys, auditors, accountants, pur-
chasing and contracting agents. expediters, timekeepers.
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph I 1 41 all of which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR s office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses.
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11 4 5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and II 4.2, the CONTRACTOR's fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3,
the CONTRACTOR's fee shall be five percent:
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no fixed fee
is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,
11.4.3 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.1 and 11.4.2 and that
any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor;
11.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4. 11.4.5 and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease:
and
11.6.2.6. when both additions and credits are involved
in any one change. the adjustment in CONTRACTOR's
fee shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.2.5.
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
6 — 34
' Cazk Allowances:
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Its. Ins understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes. and
11.8.2. CONTRACTOR's costs for unloading and han-
dling on the site. labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment. an appropnate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shalt be correspondingly
adjusted.
11.9. Unit Price )York:
11 9 1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work. initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit puce will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACIOR's overhead and profit for each sepa-
rately identified item.
Replace 1,.93 with SC 11.9.3
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article II if:
I 19.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement. and
11.9 3-2.
there is
no corresponding
adjustment with
respect to
any other
item of Work: and
11.9.3.3. if CONTRACTOR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12 —CHANGE OF CONTRACT TIMES
12.1 The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly )but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty -days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times for
Milestones) due to delay beyond the control of CONTRAC-
TOR. the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRACTOR shall include, but not be limited
to, acts or neglect by OWNER. acts or neglect of utility owners
or other contractors performing other work as contemplated by
Article 7. fires, floods, epidemics. abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times ror
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACIOR's sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
TOR. any Subcontractor. any Supplier, any other person or
organization, or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from (ii delays
caused by or within the control of CONTRACTOR, or lit)
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delays beyond the control of both parties including but not
limited to fires. floods, epidemics, abnormal weather condi-
tions, acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
ARTICLE 13 —TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
Access to Wort
13.2. OWNER, ENGINEER. ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories and governmental agencies with jurisdic-
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such access
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
Tests and Inspethonr:
13 3 CONTRACTOR shall give ENGINEER timely no-
tice of readiness of the Work for all required inspections, tests
or approvals, and shall cooperate with inspection and testing
personnel to facilitate required inspections or tests.
Replacement with SC 13.3
13.4. OWNER shall employ and pay for the services clan
independent testing laboratory :o perform all inspections, tests,
or approvals required by the Contract Documents except:
Replacement with SC 13.4
13.4.1. for inspections, tests or approvals covered by
paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragraph 13.9: and
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work for part thereof) specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body. CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of materials, mix designs. or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work
13.6. I: any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13 6 shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
Uncovering Nook
-
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's re-
quest, shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question, furnishing all necessary
labor. material and equipment. If it is found that such Work is
defective, CONTRACTOR shall pay all claims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of othersi:
and OWNER shall be entitled to an appropriate decrease in the
Contract Price. and, if the parties are unable to agree as to the
amount thereof. may make a claim therefor as provided in
Article 11. If. however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times for Milestones), or
both. directly attributable to such uncovering, exposure, ob-
servation. inspection, testing, replacement and reconstruction:
and. ifthe he parties are unable to agree as to the amount or extent
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles I I and 12.
OWNER May Stop die Wont
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment, or fails to furnish or perform the Work in such a way that
the completed Work will conform to the Contract Documents.
OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated: however, this right of OWNER to stop the Work
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shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any
surety or other party.
Con on or Removal of Defectw Wort:
13.11. If required by ENGINEER. CONTRACTOR shall
promptly, as directed, either correct ail defective Work, whether
or not fabricated, installed or completed. or, if the Work has
been rejected by ENGINEER. remove it from the site and
replace it with Work that is not defective. CONTRACTOR shall
pay all claims. costs. losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of wort of others).
13.12, Comeedoe Pbiod:
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments. any Work is found to be detective. CONTRACTOR
shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions: 10 correct such defec-
tive Work. or. if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective.
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply
with the terms of such instructions, or in an emergency
where delay would cause senous risk of loss or damage.
OWNER may have the defective Work corrected or the
rejected Work removed and replaced. and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement including but not limited to all costs
of repair or replacement of work of others) will be paid by
CONTRACTOR.
13.12.2. In special circumstances where a particular item
of equipment is prated in continuous service before Substan-
tial Completion of all the Work, the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
13.12.3. Where defective Work rand damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or re-
moval and replacement has been satisfactorily completed.
Aceepmaee of Defective Wort:
13.13. If, instead of requiring correction or removal and
replacement of defective Work. OWN ER and. pnorto ENGI-
NEER's recommendation of final payment. also ENGINEER)
prefers to accept it. OWN ER may do so. CONTRACTOR shall
pay all claims, costs, losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to
ENGINEER's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and OWNER
shall be entitled to an appropriate decrease in the Contract
Price, and. if the parties are unable to agree as to the amount
thereof. OWNER may make a claim therefor as provided in
Article 11. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May ComM Defective Wont
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11. or if CON-
TRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents. OWN ER
may, after seven days' written notice to CONTRACTOR,
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall pro-
ceed expeditiously. In connection with such corrective and
remedial action, OWNER may exclude CONTRACTOR from
all or part of the site, take possession of all or part of the Work,
and suspend CONTRACTOR'S services related thereto, take
possession of CONTRAC►OR's tools r appliances, construc-
tion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for wnich
OWNER has paid CONTRACTOR' but which are stored
elsewhere. CONTRACTOR shall allow OWNER. OWNER's
representatives, agents and employees. OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims. costs. losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and. if the parties are unable to agree as to the
amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by OWN ER
of OWNER's rights and remedies hereunder.
ARTICLE II PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
6'37
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will be incorporated into a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleted.
Applicatlon for hngrets eM
Replacement with SC 14.2
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month). CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing.
the Application for Payment shall also be accompanied by a
bill of sale. invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the malena:s and
equipment are covered by appropriate property insurance
and other arrangements to protect O W N ER's interest therein.
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CotiTRACTOR 's Wonwuv of Title:
14.3. CONTRACTOR warrants and guarantees that title to
all Work. materials and equipment covered by any Application
for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Review of Applications for Progress Pbyment:
Revision see SC 14.4
Id J ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in witting a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in wasting ENGINEER's reasons for refusing to recom-
mend payment. In the latter case, CONTRACTOR may make
the necessary corrections and resubmit the Application Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation, the amount
recommended will (subject to the provisions of the past sen-
tence of paragraph 14.; i become due and when due will be paid
by OWNER to CONTRACTOR.
145 ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEER to OWNER. based on ENGINEER's
on -site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER's knowledge. infor-
mation and belief:
14.5.1. the Work has progressed to the point indicated,
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Work as a functioning whole prior Co 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 Lnit
Price Work under paragraph 9.10. and to any other quali-
fications stated in the recommendation). and
14.5.3. the conditions precedent to CONTRACTOR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to
observe the Work.
However, b) recommending any such payment ENGINEER
will not thereby be deemed to have represented that: ti)
exhaustive or continuous on -site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible for CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if. in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or. because of subsequently discov-
ered evidence or the results of subsequent inspections or tests.
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement.
14.x?. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
in a Work or complete Work in accordance with paragraph
13.14. or
1474 ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.:.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTORS performance or furnishing of
the Work.
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14.7.6. Liens have been filed in connection with the
Work. except where- CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.'.7. there are other items entitling OWNER to a
set-off against the amount recommended. or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.7 I through 14,7,3 or paragraphs 15.2.1 through 15 2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR. when CONTRACTOR corrects to OWN -
ER's satisfaction the reasons for such action.
Subsrandal Comphdon:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify OWN ER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONTRAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter, OWNER. CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete. ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete. ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If, after
considering such objections. ENGINEER concludes that the
Work is not substantially compiete. ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing, stating the reasons
therefor. If, after consideration of OWNER's objections. EN-
GINEER considers the Work substantially complete. ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pend-
ing final payment between OWNER and CONTRACTOR with
respect to security. operation, safety. maintenance, heat, utili-
ties, insurance and warranties and guarantees. L Mess OWNER
and CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion. ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
f'arrial Criliraooe:
14 10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: IL) has specifically
been identified in the Contract Documents, or ui) OWNER.
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR's performance of the remainder
of the work. may be accomplished prior to Substantial Com-
pletion of ail the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees that such part of the Work is substan-
tially complete. CONTRACTOR will certify to OWNER
and ENGINEER that such part of -the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request,
OWNER. CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion- If ENGINEER does not consider
that part of the Work to be substantially complete. ENGI-
NEER will notify OWNER and CONTRACTOR in wnt-
mg giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete. the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Final InrpredOIV
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
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particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are.necessary to complete such Work or
remedy such deficiencies.
Furst Applie ie for Pops
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certifi-
cates or other evidence of insurance required by paragraph 5.4,
certificates of inspection. marked -up record documents las
provided in paragraph 6.19) and other documents. CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered)
by (i) all documentation called for in the Contract Documents.
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety, ifany. final
payment, and (iii) complete and legally effective releases or
waivers I satisfactory to OWN ER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER. CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor. services, material and equipment for which a Lien could
be filed, and (ii) all payrolls, material and equipment bills and
other indebtedness connected with the WorkforwhichOWNER
or OWNER's properly might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a reiease or receipt in full.
CONTRACTOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Fula! Payment and Acceptance:
14 13. If, on the basis of ENGINEER's observation of the
Work during construction and final inspection. and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents. ENGINEER is satisfied that the Work has been
completed and CONTRALTOR's other obligations under the
Contract Documents have been fulfilled. ENGINEER will.
within ten days after receipt of the final Application for
Payment. indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise, ENGINEER will return the Application to CON-
TRACTOR. indicating in witting the reasons for refusing to
recommend final payment. in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability, the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
CONTRACTOR.
14.14. If. through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGINEER
so confirms. OWNER shall. upon receipt of CONTRACTOR,s
final Application for Payment and recommendation of ENGI-
NEER, and without terminating the Agreement. make pay-
ment of the balance due for that portion of the Nork filly
completed and accepted. If the remaining balance to he held by
OWNER for Work not full', completed orcorected is less :,an
the retainage stipulated in the Agreement, and it Bonds ha%e
been furnished as required it.. paragraph 5.1. the wnriei con-
sent of the surety to the payment of the balance due for "ml
portion of the Work fully completed and accepted .pall he
submitted by CONTRACTOR to ENGINEER with me Appli-
cation for such payment. Such payment shall be made uncle -
the terms and conditions governing final payment. evicep: that
it shall not constitute a waiver of claims.
Waver of Clams:
14 15 The making and acceptance of final payincit w II
constitute:
14 151. a waiver of all claims by OWNER against
CONTRACTOR. except claims arising from unsettled Liens.
from defective Work appearing after final inspection pursu-
ant to paragraph 14.11. from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents: and
14.15.2. a waiverof all claims by CONTRACTOR against
OWNER other than those previously made in witting and
still unsettled.
ARTICLE 15—SLSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause. OWNER ma' sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work wil: he
resumed. CONTRACTOR shall resume the Work on the date
so fixed CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extension of the Contract Times, or both,
directly attributable to any such suspension ifCONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
OWNER May Tennirmte:
15.?.
Upon the occurrence
of any
one or more of
the
following
events.
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15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents In-
cluding, but not limited to. failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.61;
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction:
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER: or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents:
OWNER may, after giving CONTRACTOR (and the surety.
if any,) seven days' written notice and to the extent permit-
ted by Laws and Regulations. terminate the services of
CONTRACTOR. exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR's
tools. appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
and finish the Work as OWNER may deem expedient In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds ad claims. costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims. costs, losses and dam-
ages exceed such unpaid balance. CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will he reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order. provided that
when exercising any rights or remedies under this paragraoh
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRACTOR's services have been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not re:ease
CONTRACTOR from liability.
15.4. Upon seven dayswntren notice to CONTRACTOR
and ENGINEER. OWNER may. without cause an a without
prejudice to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case. CONTRACTOR shall
be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor,
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15 4,3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors.
Suppliers and others; and
15 4 4, for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CO.NTRAC7VR May Stop Work or ieiminakr:
15.5. If. through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity. or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER.
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy. if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles II and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16 —DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement, such
dispute resolution method and procedure. if any, shall be as set
forth in Exhibit GC -A, "Dispute Resolution Agreement.' to be
attached hereto and made a part hereof. If no such agreement
on the method and procedure for resolving such disputes has
been reached. and subject to the provisions of paragraphs 9.10.
9.11. and 9.12. OWNER and CONTRACTOR may exercise
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II
II
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such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE 17 —MISCELLANEOUS
Giving No&e:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice. it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid. to the last business address
known to the giver of the notice.
Comp' -'nn of Times:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction.
such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Notice of Claim:
173. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error. omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable, claim wilt be made in writing to the other party within a
reasonable time of the first observance of such injury or
damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose.
Cumsilatiw Remedies:
17 4. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to
the parties hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6 12. 6.16. 6.30, 6.31. 6.32. 13.1.
13.12, 13.14. 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, are in
addition to. and are not to be construed in any way as a
limitation of. any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular
duty, obligation. right and remedy to which they apply.
Pmfersional Fees and Coun Cosa Included:
17.5. Whenever reference is made to "claims, costs, losses
and damages." it shall include in each case, but not be limited
to. all fees and charges of engineers, architects, attorneys and
other professionals and all court or amitration or other dispute
resolution costs.
[The remainder of this page was left blank intentionally I
G— 42
SUPPLEMENT TO THE GENERAL CONDITIONS
The following Supplementary Conditions amend or supplement the Standard General
Conditions of the Construction Contract (EJCDC No. 1910-8, 1990 Edition) and
other provisions of the Contract Documents as indicated below. All provisions
which are not so amended or supplemented remain in full force and effect.
SC -1 Definitions and Abbreviations:
I
In addition to the provisions of Article 1, the following supplemental
definitions apply:
"Owner" shall mean the City of Fayetteville, Arkansas, acting thorough its duly
authorized representatives. Address - City of Fayetteville, 113 West Mountain,
Fayetteville, AR 72701.
"Engineer" shall mean the City of Fayetteville Engineering Division (telephone
501-575-8206). Note "OWNER", "ENGINEER" and "OWNER and ENGINEER" may be used
interchangeably.
"Resident Project Representative" shall be the authorized representative of the
"Engineer".
"Surety" or "sureties" shall mean the bcndsmen or party or parties who have made
the fulfillment of the contract by bonds, and whose signatures are attached to
such bonds.
'• "Advertisement" shall mean the all legal publications pertaining to the work of
this contract.
"Plans" shall mean, ccllectively, 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 the showing of details which are not shown thereon.
' "Grade" as used in these specifications shall mean and indicate the established
elevations of the paving, flow lines of sewers and other appurtenances as shown
on the plans on file in the Engineer's office.
Whenever the following abbreviations are used, they shall have the corresponding
meaning as shown below:
I
AASHTO - American Association of State Highway Officials
AC! American Ccncrete Institute
AGA American Gas Association
AHTD - Arkansas Highway and Transportation Department
' ASHTD - Arkansas Highway and Transportation Department
AISC American Institute of Steel Construction
ANSI American. National Standards Institute
APA - American Plywood Association
' ASA - American. Standards Association
ASTM American. Society for Testing Materials
AWG American. Wire Gage
AWPA - American Wood Products Association
' AWS - A.merican. Welding Society
AWWA American Water Works Association
GSA General Services Administration, U.S. Government
S-1
NHBA - National Builders Hardware Association
NEC - National Electric Code
' NEMA - National Electric Manufactures Association
NFPA National Fire Protection Association
NPT National Pipe t^read
SBC - Standaid Building Code (also SSBC)
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
SC -2 Preliminary Matters
Add the following to immediately follow paragraph 2.2 of the General Conditions.
SC -2.2 Copies of Documents:
' Article 2.2 of the General Conditions shall be amended to read that Not less than
five (5) bound copies of the proposal, contract, and stipulations shall be
prepared and submitted to the OWNER for execution, each containing an exact copy
of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed
and the Contract signed by both parties thereto. However, the CONTRACTOR and the
surety executing the bond shall not date the contract or the bond upon submission
or execution by the OWNER. These documents will be dated the date the OWNER
executes the contract.
OWNER shall furnish. to CONTRACTOR up to two 12) copies of the contract documents
as are reasonably necessary for the execution cf the work. Additional copies
will be furnished, upon request, at the cost of reproduction.
' SC 2.7. Furnishing of Insurance Data. Delete all references to OWNER supplied
and OWNER delivered insurance.
SC -5 Bonds and Insurance:
SC5.1 Performance, Payment and other bonds:
1 Add the following new paragraphs immediately after paragraph 5.1 of the General
Conditions which reads as follows:
SC5.1.1 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
1
I S-2
his power -of -attorney. The mere countersigning of the bonds by a resident agent
shall 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.
SC5.1.2 Additional information. The Contractor shall provide the bonds as
described in these sections within ten (10) days after the receipt of the NOTICE
OF AWARD.
For contracts in excess of $100,000.00 the bonds shall be issued by a bonding
company listed by the A.M. BEST Rating Book as follows:
(1) contracts in excess of $:Do,000.00, but less than $.,OOC,030.00 - "B+"
rating or higher and contract amount may not exceed 2.0% of the policynolder's
surplus.
(2) contracts in excess cf $1,C00,00C.00 - "A" rating or higher and contracts
may not exceed 2.0% cf the policyholder's surplus.
The expense of all bends shall be borne by the CONTRACTOR.
Sc 5.2.
Delete
paragraph
5.2
of the General
Conditions in its entirety and
replace
with the
following
new
paragraph 5.2:
Sc 5.2. If at any time a surety cr. any such bond is declared bankrupt or loses
its right to do business in the State of Arkansas or is removed from the above
list of surety companies, the CONTRACTOR shall within ten (10) days after notice
from the bond company that conditions are as described in this sentence and/or
after notice from the OWNER to do so, substitute an acceptable bond or bonds in
such form and sum and signed by other surety or sureties as may be satisfactory
to the OWNER. The premiums on such bonds shall be paid by the CONTRACTOR. No
further payment shall be deemed due nor shall be made until the new surety or
sureties shall have furnished an acceptable bond to the OWNER.
SC -5.3 Licensed Sureties and Insurers: Certificates of Insurance.
5C5.3.1 Add the following new paragraph immediately after paragraph 5.3.1 of
the General Conditions which reads as follows:
The CONTRACTOR shall furnish performance and payment bonds as provided for by
Article 5 cf 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 shall 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.
SCS.3.2 Delete the second sentence cf paragraph 5.3.2 ("OWNER shall deliver to
Contractor. . .") in its entirety.
SC5.4. CONTRACTOR'S Liability Insurance:
Add the following paragraphs amredlately after the respective paragraphs
S-3
contained in paragraph 5.4 of the General Conditions:
SC5.4.14
The limits for liability for the insurance required by paragraph 5.4 of the
General Conditions shall provide coverage for not less than the following amounts
or the greater where required by law:
Workers Compensation:
1) State: Statutory
2) Applicable Federal: Statutory
3) Employer's Liability: $100,000.00 each occurrence
Comprehensive General Liability:
$1,000,000.00 Combined Single Limit
Policies will include premise/operations, products, completed operations,
independent contractors, explosions, collapse, underground hazard, Broad Form
contractual, personal injury, with employment exclusion deleted and broad form
property damage.
Comprehensive Automobile Liability
Bodily Injury:
$1,000,000.00 Each person
$2,000,000.00 Each occurrence
Property Damage:
$500,000.00 Each cccurrence
or a combined single limit cf S2,CCO,00C.03.
SC5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General
Conditions in its entirety and insert the following :n its place:
5.5. OWNER'S and ENGINEER'S Contingent Protective Liability Insurance.
The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and
their agents and employees from and against allosses and claims, demands,
payments, suits, actions, recoveries, judgements of every nature and description
brought or recovered against them ny reason of omission or act of the CONTRACTOR,
his agent(s), employees, subcontractor, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, in the
execution of the Work or guarding of it. 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 premions for such insurance in an amount not less that
$2,000,000.00 for property damage and bodily injury limits, and with such
provisions as shall protect the OWNER and ENGINEER from contingent liability
under this contract.
SC5.6 Property Insurance.
Delete paragraph 5.6 of the General Ccnd:ticns ir. its entirety and insert the
following in its place:
S-4
5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final
payment property insurance upon the Work at the site to the full insurable value
thereof (subject to deductible amounts as may be provided in these Supplementary
Conditions or required by Laws and Regulations) but not less than an amount equal
to the total bid price. This insurance shall include the interest of OWNER,
CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all
of whom shall be listed as insured or additional insured parties), shall insure
against the perils of fire and extended coverage, shall include "all-risk"
insurance fcr 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 the
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
polices of insurance required to be purchased and maintained by the CONTRACTOR
in accordance with this paragraph 5.6 will contain a provisicr. or endorsement
that the coverage afforded will nct be canceled or materially changed or renewal
refused until at least 30 days prior written notice has been given to the OWNER
by certified mail and will contain wavier provisions ir. accordance with General
Condition paragraph 5.11.2.
SC5.7
Delete paragraph
5.7 of the General
Conditions in its entirety and
insert
the following in its
place:
SC5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss
during the course of the Contract. If, due to the nature of the Project,
insurance coverage other than that specified is needed by the CONTRACTOR to
protect the OWNER against all losses, the CONTRACTOR shall be responsible for the
determination of and procurement of any additional insurance needed.
SC5.8
❑elete paragraph
5.8 of the Genera. Conditions
in its entirety and
insert
the following in its
place:
SC 5.8. Policies shall also specify that insurance provided by CONTRACTOR will
be considered primary and not contributory to any other insurance available to
the OWNER or the ENGINEER.
All polices •will provide fcr 30 days written notice (certified mail shall be
required) prior tc any cancellation or non -renewal of insurance policies required
under the Contract. Any such wording as "will endeavor" or "but failure to mail
such notice shall impose no obligation or liability of any kind upon the
Company..." shall be deleted from the certificates.
SC5.10. Delete paragraph 5.10 of the General Conditions in its entirety.
SC5.12.
Receipt and
Application of Proceeds.
Delete paragraph 5.12 of the
General
Conditions in
its entirety.
SC5.13. Delete paragraph 5.13 of the General Conditions in its entirety.
S-5
Sc 6 - CONTRACTOR'S RESPONSIBILITIES
Sc 6.6 - Progress schedules.
Add a
new paragraph 6.6.3.
immediately
following
paragraph 6.6.2 which shall
read:
An updated schedule, in the format specified in the Technical Specifications,
shall be required with each submittal for progress payment by the CONTRACTOR.
Failure to provide an accurate schedule (and/or updated schedule) shall be reason
for OWNER to refuse progress payment to CONTRACTOR.
SC 6.30 CONTRACTOR'S General Warranty and Guarantee.
Sc 6.30.3 - One Year Warranty.
Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall
read:
For a period of one year, or longer :f specified by special guarantees or by law,
the Contractor shall at the Contractor's expense make all repairs and
replacements necessitated by defects in the materials, wcrkmanship or prosecution
of the Work supplied under this ccr.tract, and pay for any damage to other works
or property resulting from such. defects. The Contractor shall hold the Owner
and Engineer harmless from any liability of any kind arising from said defects.
The effective date for the beginning of the one year warranty period will be as
decided by the Engineer and will be either the date of the Engineer's
recommendation for Final Payment in accordance with Article 14.13, Final Payment
and Acceptance, or the date of Substantial Completion as specified in Article
14.8.
The Contractor shall make all repairs or replacements promptly upon receipt of
written order for the repairs or replacements from the Owner. If the Ccr.tractor
fails to make the repairs or replacements promptly, the Owner may perform the
work and the Contractcr and the Contractor's Surety shall be liable for all costs
thereof.
SC 7 OTHER WORK
SC 7.5 Separate CONTRACTOR Clair.. Add a new paragraph immediately after
paragraph 7.4 of the General Conditions which shall read as follows:
Sc 7.5. Should CONTRACTOR cause damage to the Work or property of any separate
contractor (or separate party) 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 (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such
person, CONTRACTOR shall promptly attempt to settle with such other separate
contractor (or separate party) by agreement or 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 and charges of engineers, architects, attorneys and other professionals and
court and arbitration ccsts) arising directly, indirectly or consequentially out
of any action, legal or equitable, brought by any separate contractor (or
separate party) against OWNER or ENGINEER to the extent based on a claim arising
out of CONTRACTOR'S performance of the Work. Should a separate contractor (or
separate party) cause damage to the Work or property of CONTRACTOR or should the
performance of Work by any separate contractor (or separate party) at the site
give rise to any other claim, CONTRACTOR shall not institute any action, legal
S-6
El
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or equitable, against OWNER or ENGINEER or permit any action against them to be
maintained and continued ;n CONTRACTOR'S name for benefit in any court or before
any arbitrator which seeks to impose liability on, or recover damages from OWNER
or ENGINEER on account of 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 (or separate party) 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 of the
General Conditions. An extension of the contract Time shall be the CONTRACTOR'S
exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption,
interference or hindrance caused by any separate contractor (or separate party).
This paragraph does not prevent recovery from OWNER or ENGINEER for activities
that are their respective contractual responsibilities.
SC -8 OWNER'S RESPONSIBILITIES
Sc 8.5 - Delete paragraph 8.5 of the General Conditions in it's entirety.
Sc 10 CHANGES IN THE WORK
Add a new paragraph 10.6 immediately following paragraph 10.5 of the General
Conditions to read:
10.6. Limits of Authority. CONTRACTOR shall note and abide by the following
OWNER'S and ENGINEER'S limits of authority for changes in the Work which require
a change in the Contract Price and Contract time.
Except in the case of extreme emergency to protect public safety, public welfare
or substantial work, the following limits of Authority to the OWNER and ENGINEER
shall apply:
Engineer's Representative - No authority.
Engineer - No authority.
Mayor - $20,000.00 (Accumulative).
All accumulative changes which result ;n Contract Price changes in excess of
$20,000.00 shall require the formal approval of the Fayetteville City Council.
SC 11 CHANGE OF CONTRACT PRICE.
SC 11.9.
Unit
Price Work.
Paragraph 11.9.3
of
the General
Conditions is
hereby
deleted
it.. its
entirety and
the following
is
substituted
in its place:
11.9.3 The
unit price of
at.. 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 Ccr.tract Price and the
variation of
the quantity of
that particular item of
:]nit 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 believe that it has incurred additional expense as a
result thereof; or
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11.9.3.4 if OWNER believes that the quantity variation entitles OWNER to an
adjustment in unit price; then
' 11.9.3.5 either OWNER or CONTRACTOR make a claim for and adjustment in the
Contract Price in accordance with Article 11 of the General Conditions if the
parties are unable to agree as to the effect(s) of any such variations in the
• quantity of Unit Price Work performed.
SC -13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK.
SC 13.3 Tests and Inspections. Paragraph 13.3 of the General Conditions is
hereby deleted in its entirety and the following is substituted in its place:
Sc 13.3. CONTRACTOR shall give the ENGINEER proper notification as detailed
below and cooperate with the testing and inspection of the Work.
SC 13.3.1. All tests require a minimum notice of 24 hours. The 24 hours is
a minimum only, the exact tine for testing and required inspections shall be
determined by the Engineer.
SC 13.3.2. All field tests required for a project shall be witnessed by the
City Engineering Division. representatives in the presence of the ENGINEER and
CONTRACTOR, or their approved representatives.
Sc 13.4
Paragraph
13.4
of the General
Conditions
is hereby deleted in its
entirety
and the following
substituted in
its place:
SC 13.4. CONTRACTOR shall employ and pay for the services of an independent
testing laboratory to perform an tests as required by the Contract Documents.
CONTRACTOR shall be responsible for the cost of all equipment, materials, labor,
testing procedures and lab work for all tests as outlined in these
specifications. ENGINEER shall have the right to approve or reject CONTRACTOR'S
proposed lab based upon sound Engineering principles. Copies of all testing
reports must be forwarded directly to the Engineer by the testing laboratory.
OWNER shall provic:e an inspection services required by the Contract Documents
' and normally associated with the diligent progress of the Work (Except as
detailed in paragraphs 13.4.1,2,3.) Prior to final acceptance by OWNER, the
project shall be subject to a final inspection by designated representatives of
the OWNER and CONTRACTOR.
1
ARTICLE 14 PAYMENT TO CONTRACTOR AND COMPLETION.
Sc 14.2 Application for Progress Payment. Paragraph 14.2 of the General
Conditions is hereby deleted in its entirety and the following substituted in its
place:
SC 14.2.1. Monthly estimates will be prepared to include all work accomplished
for the period ending the third Friday of eacn month; or
• SC 14.2.2. Progress payments will be prepared at regular intervals, as scheduled
by joint consent of the CONTRACTOR and the ENGINEER at the pre -construction
conference.
' SC 14.2.3. The ENGINEER, based upon data gathered during the construction
process, will make an estimate of the value of the Work done and materials
furnished in place during the previous estimate period. The CONTRACTOR shall
1
furnish to the ENGINEER such detailed information including invoices from
material suppliers as the ENGINEER may request to aid in the preparation of the
progress payment estimate. All payment requests are subject to retainage as
determined by the ENGINEER. Retainage shall be 10% of said estimate until 50%
of the work has been fully completed. At 50% completion, further partial
payments shall be made to the contractor in full with no additional retainage
unless the ENGINEER determines that the project is not progressing satisfactory,
in which case additional retainage may be retained to a maximum of 10%. When
the work is substantially completed, any retained amount may be paid to the
contractor except the CWNER shall retain an amount sufficient to cover any work
not yet completed. The release of retainage will be determined by the ENGINEER.
If the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly
estimate at the time herein specified, such failure shall not be held to violate
or void the Contract. Note, the failure of the Contractor to provide an
accurate and current schedule update shall be reason to reject CONTRACTOR'S
request for progress payment.
Sc 14.4. Review of Applications for Progress Payment.
Delete the last sentence of paragraph 14.4 of the General Conditions and replace
with the fcllowirg:
After the required internal reviews and processing by the City of Fayetteville,
the city will diligently proceed to make payment to the contractor, ;n accordance
with the approved payment request, w.thin 30 days. Al: efforts will be made to
make payments within. the 30 day period, but the City cannot guarantee the 30 days
maximum time.
S-9
DETAILED SPECIFICATIONS
PART I - CONTRACT STIPULATIONS
I-1 SPECIFICATIONS:
These Detailed Specifications are drawn with the object of
securing first class workmanship and materials throughout the work
embraced in this Contract and of securing completed work properly
and well done, with regard to all local conditions.
I-2 EXTENT OF WORX:
The scope of the work includes all traffic control, site work,
grading, excavation and embankment, drainage and pavement
construction required to re -construct Rockcliff Street as shown on
the Plans and described in the Specifications.
It is mutually agreed and understood that the Contractor will
furnish all tools, labor, equipment, and materials, and supplies
required to be furnished as hereby stipulated, and will construct
complete all the work described herein.
Any work and materials not specifically mentioned in the
Specifications but forming an essential part of the work shall be
furnished as though specifically mentioned.
I-3 PLANS:
The Plans consists of the separately bound plan, profile, and
detailed specifications as well as the AHTD Standard
Specifications, and Standard Drawings. Where these detailed Plans
and Specifications may be in conflict with the above referenced
AHTD Specifications and Drawings, these plans and specifications
will govern.
I-4 RIGHTS OF WAY:
The right of way for this project consists of the 50 foot
standard right of way width (25 feet either side of the street
centerline). No other easements will be provided by the City. The
Contractor shall make satisfactory provisions, without obligation
to the Owner, for all temporary land easements or rights of ways
which may be required for storage of materials and equipment.
I-1
25
I-5 SEQUENCE OF WORK AND CONTRACT TIME:
After the contract bonds and certificates of insurance have
been delivered to the Owner, and the contract has been executed,
the Engineer will issue a Notice to Proceed, in accordance with the
General Specifications, which shall designate the date the contract
will begin.
The contractor shall complete the project within sixty (60)
working days from the date specified in the Notice to Proceed. If
conditions beyond the control of the Contractor justify, and the
Contracting Authority approves an extension of contract time, the
Contractor shall revise the construction schedule in accordance
with the approved extension.
I-6 SUBMITTALS:
The following submittals will be required for this specific
project:
a) Pavement Mix Design
b) Hillside Origination Site and Required Proctors
c) Project Schedule
d) Project Sign Layout
e) Traffic Control Plan (narrative description of how
traffic is to be maintained
f) Waste Material Disposal Site
I-7 SCHEDULE:
Before work is started, and in accordance with the General and
Supplemental Conditions, the Contractor shall prepare a detailed
schedule of all construction operations that shall not only
indicate the sequence of the work, but also the time of starting
and completion of each part. Such schedule shall be submitted to
the Engineer for approval and shall be revised throughout the
project as necessary or requested by the Engineer.
I-8 REFERENCED AHTD STANDARD SPECIFICATIONS AND DRAWINGS:
The AHTD Standard Specifications contained in the "Standard
Specifications for Highway Construction", Edition of 1993,
published by the Arkansas State Highway Commission are hereby
referenced and made a part of the Specifications.
These Standard Specifications are available for inspection in the
Engineer's Office or may be obtained from the Arkansas State
Highway Department, Little Rock, Arkansas.
I-2
I-9 PROTECTION OF PUBLIC AND PRIVATE PROPERTY:
The Contractor shall protect, shore, brace, support, and
maintain all underground constructions uncovered or otherwise
affected by the construction work performed by him. All pavement,
surfacing, driveways, curbs, walks, buildings, utility poles, guy
wires, and other surface structures affected by construction
operations in connection with the performance of the Contract,
together with all sod and shrubs in yards and parking removed or
otherwise damages, shall be restored to their original condition as
determined and approved by the Engineer.
The Contractor shall be responsible for all damage to public and
private property or facilities regardless of location or character
which may be caused by moving, hauling, or otherwise transporting
equipment, materials, or men to or from the work. He shall likewise
be responsible for all acts of any subcontractors he may have on
the job.
All fire hydrants and water control valves shall be kept free
from obstruction and available for use at all times.
I-10 MAINTENANCE OF TRAFFIC:
The Contractor shall be responsible for the maintenance of
traffic through the project area. Individual driveways may be
closed and inaccessible on a temporary basis only (3 to 4 hours at
a time) without specific knowledge and permission of the homeowner
involved. In all cases access will be provided on demand in an
emergency situation to the individual homeowner involved or to
emergency services personnel and vehicles (fire, police, EMS, etc).
Where, due to unavoidable circumstances, a driveway must be
closed and inaccessible overnight, it must be coordinated with the
homeowner involved. %hen the street is to be closed to through
traffic overnight, all emergency services must be notified of the
exact location along Rockcliff where the street is blocked.
Permission of the Engineer is required for any street closing.
It is the intent of this Section that the Contractor maintain
access to all driveways along the project area, notify all
emergency services aware of any necessary street closing, and to
work with individual property owners in assuring absolute minimal
interruptions of traffic during the job.
I
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27
I
I
I
I
I-11 UNDERGROUND INSTALLATIONS AND STRUCTURES:
Unless noted otherwise on the Plans, pipelines and other
existing underground installations and structures in the vicinity
of the work are indicated on the Plans according to the best
information available to the Engineer. The Engineer does not
guarantee to accuracy of such information. House sewer connections,
water and gas services, and other utility lines may not be
indicated on the plans. The Contractor shall make every effort to
locate all underground pipelines, conduits, and structures by
contacting the individual utilities or Arkansas One -Call.
I-12 LINES AND GRADES:
All work shall be done to the lines, grades, and elevations
shown on the Plans.
The Contractor shall be responsible for hiring an engineer or
other qualified person or firm to establish the grades as required
for the execution of the work. All grades so established shall be
approved by the Engineer. On this job the final grades shall match
the existing grades as closely as possible.
Any work done which is off alignment or off grade shall be
removed and replaced at the expense of the Contractor.
I-13 PUBLIC NOTIFICATION:
The Contractor shall notify
minimum of 48 hours in advance of
shall continue to notify property
work conditions as required
Specifications.
I-14 STORAGE OF MATERIALS:
all adjacent property owners a
the beginning of the work, and
owners of specific closings and
in section I-10 of these
In general, the Contractor shall be responsible for all of the
material furnished by him and shall replace at this own expense all
such material found defective in manufacture or damaged in
handling. This shall include the furnishing of all material and
labor required for the replacement of materials already installed
and found defective prior to final acceptance of the work.
The Contractor shall be responsible for the delivery and
distribution of materials to the site, and for the safe storage of
material on the site. All materials shall be stored in strict
conformance to the manufacturer's recommendations and in such a
manner to ensure the preservation of their quality and fitness for
the work.
I-4
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' I-15 SATURDAY, SUNDAY, HOLIDAY, AND NIGHT WORK:
No Saturday, Sunday, Holiday, or night work will be allowed on
this project, except that after-hours work will be allowed when
necessary to provide needed access to driveways and for emergency
vehicles.
' Work hours shall be 8:00 AM through 5:00 PM during weekdays
only. The Contractor shall respond to calls for emergency
maintenance on a 24 hour, 7 days per week basis.
I-16 MONTHLY ESTIMATES AND PAYMENTS:
Refer to Article 14 of the General Conditions and the
associated Supplemental Conditions.
I-17 INTERRUPTION OF UTILITY SERVICES:
When water, sewer, gas, power, or TV service to a house is
cut off inadvertently, it shall be repaired by the affected utility
or, by specific permission only, by the Contractor. Where the
service interruption is planned, the customer shall be given 24
hour notice of such service interruption and service shall be off
for no more than the 9 hour work day.
In no case shall service be off overnight, and the Contractor
shall not leave the job without service being restored.
I-18 TEMPORARY FACILITIES:
All water, power, and other utility services required by the
Contractor for operation of Contractor's plant or equipment, or for
any other use by the Contractor to conduct or to expedite the work
shall be provided by the Contractor at his cost. The Contractor
shall arrange for service at this discretion from the appropriate
utility company, and shall assume liability for all charges. When
applicable, the City will request the transfer of the service and
assume liability for charges at the time of final acceptance of the
work.
The Contractor shall furnish temporary sanitary facilities at
the site for the needs of the Construction workers and others
performing work or furnishing services on the project. Sanitary
facilities shall be of reasonable capacity, properly maintained
throughout the construction period, and obscured from public view
to the greatest extent possible. At least one toilet per 20 workers
shall be provided and it shall be responsibility of the Contractor
to enforce the use of the facilities by all personnel at the site.
I-5
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I
I-20 TREE AND PLANT PROTECTION:
'
No trees or cultured plants off of the 50 foot right of way
shall be cut, trimmed, or removed. Landscaping on the right of way
shall be removed only to the extent required by the work.
It is not anticipated that any trees will be destroyed as a
' result of this work. Any existing trees endangered by the work
shall be protected in accordance with Fayetteville Ordinance on
"TREE PROTECTION AND PRESERVATION".
' All landscaping shall be replaced in accordance with other
provisions of these Specifications.
' I-21 SECURITY:
The Contractor shall be responsible for protection of the site
and all work, materials, equipment and existing facilities thereon.
No claim shall be made against the Owner by reason of any act of an
employee or trespasser, and the Contractor shall make good all
damage to Owner's property resulting from Contractor's failure to
provide adequate security measures.
' I-22 SAFETY:
The Contractor is further notified and reminded of the
presence of children and pedestrians in the general vicinity of the
project. The Contractor shall take all measures necessary and as
required by the General Conditions to protect the General Public,
animals, and property from harm due to the construction activities.
IO'hii_U:[ec
The Contractor shall provide and maintain suitable parking
areas for the use of the construction workers and others performing
work or furnishing services in connection with the project. The
intent of this section is to avoid any need of parking personal
vehicles where they may interfere with the owner's operations or
construction activities, or normal traffic operation on public
and/or private roads.
I-24 DUST CONTROL:
The Contractor shall take all reasonable measures to prevent
unnecessary dust. Earth surfaces subject to dusting shall be kept
moist with water or application of an approved chemical dust
suppressant. Dusty materials in piles or transit shall be covered
to prevent blowing.
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Ti
I-25 TEMPORARY DRAINAGE AND EROSION CONTROL PROVISIONS:
The Contractor shall provide for the drainage of storm water
and such water as may be applied or discharged on the site in the
performance of the work. Drainage facilities shall be adequate to
prevent damage to the work, the site, and adjacent properties.
Existing drainage channels and conduits shall be cleaned,
enlarged, or supplemented as necessary to carry increased runoff
attributable to the Contractors's operations. Temporary dikes shall
be constructed as necessary to divert increased runoff from
entering adjacent properties (except in natural channels or storm
sewers), to protect the Owner's property, facilities, and the work;
and to direct water into natural channels or conduits.
The Contractor shall prevent the erosion of soil on the site
and adjacent property resulting from the construction activities.
Effective measures shall be initiated prior to the commencement of
clearing, grading, excavation or other operations that will disturb
the natural vegetation or protection. Erosion measures may include
hay bales, silt fencing, jute mat, fast growing vegetation, and
silt ponds.
work shall be scheduled on exposed areas subject to erosion
for the shortest possible time, and natural vegetation shall be
preserved to the greatest extent possible. Temporary storage areas,
construction buildings and accesses shall be located to minimize
erosion.
The Contractor shall be responsible for application and
acquisition of all necessary permits, including coverage under the
Federal/State NPDES Regulations for Storm Water Management and the
City of Fayetteville's Excavation and Grading Ordinance.
I-26 CLEAN-UP DURING CONSTRUCTION:
During construction the Contractor shall keep the construction
area in a clean, neat, and workman like condition at all times.
Pipe, equipment, and all other materials shall be stored and
protected in an area away from the construction activities. As soon
as practicable the area around all structures shall be backfilled
and the entire areas maintained in a neat condition.
I-27 ACCESS:
The Contractor shall provide for safe and ready access to the
construction activities during working hours or as requested to
authorized representatives of the City and to State and Federal
Agencies as required.
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I-28 CONSTRUCTION OBSERVATION INSPECTION:
1 Construction observation and inspection shall be by the City
of Fayetteville Engineering Division. The Contractor shall note the
' requirements of a detailed schedule and note all requirements for
the scheduling of tests and test requirements as noted in the
Technical Specifications. The Engineer shall have no responsibility
Ito the Contractor or any subcontractor for the supervision of
personnel or the layout of the work.
I-29 TESTING:
The Contractor shall be responsible for the cost of all
' equipment, materials, labor, testing procedures and lab work for
all tests as outline in these specifications. The City of
Fayetteville shall have the right to approve or reject the
Contractor's proposed lab based on sound Engineering principles.
' Copies of all testing reports must be forwarded directly to the
Engineer by the testing laboratory.
' All field tests required for a project shall be witnessed by
the City Engineering Division representative in the presence of the
Contractor.
Testing, testing procedures, and notification procedures shall
be as outlined in the Clarification Letter attached hereto and made
a part hereof.
I-30 EXPLOSIVES:
Explosives shall not be allowed on this job.
1-31 EXCAVATION SAFETY:
No trench excavation of 5 feet or more in depth is planned for
or allowed on this job. However, the Contractor shall be
responsible for the safety of all excavations and shall comply with
OSHA regulations in all of the work.
I-32 HILLSIDE FILL:
Hillside fill material, where shown on the Plans and
referenced in the Specifications, shall refer to the cherty clay
material produced locally. All hillside material shall be supplied
from off -site locations and shall be approved by the Engineer.
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I-33 PROJECT SIGNS:
The Contractor shall provide two (2) project signs before
construction is started. One sign shall be placed at each end of
the construction area and shall be placed in the street right of
way.
The sign shall be 4' by 4' and shall be constructed from
plywood or aluminum plate suitable to last the project life. The
sign shall be erected upon posts and braced as needed. The
Contractor shall be responsible for maintenance of the sign during
the project life.
The sign shall have a white or yellow background with black
block lettering with this information:
1.
City
of
Fayetteville Sales Tax at Work
2.
City
of
Fayetteville Engineering Department (575-8206
3.
Name
of
the Contractor
0=:]
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PART II, MATERIAL SPECIFICATIONS
II -1 GENERAL:
All materials, unless specifically stated otherwise, shall
conform to AHTD Specifications.
1I-2 HILLSIDE:
Hillside material shall be the cherty clay mixture commonly
used as subgrade material in northwest Arkansas. The material must
be specifically approved by the Engineer and proctors for the
material must be furnished. The rock content of the material shall
be at least 30 percent and no more than 40 percent.
II -3 ASPHALT:
The asphalt shall be Type III as specified in the AHTD
Specifications.
II -4 BASE MATERIAL:
The base material shall be Class 7 as defined in the AHTD
Specifications.
I1-5 CONCRETE:
Concrete for curbs and driveways shall be 3000 psi and shall
have a air content of 6 percent, plus or minus 1.5 percent. Mix
design and quality control shall conform to the AHTD
Specifications.
1I1-6 PRIME COAT:
The primer shall be EPR-1.
III -7 FRENCH DRAIN MATERIALS:
a) The filter fabric shall be a Type 1 geotextile synthetic
fabric meeting the requirements of AASHTO M 288, Table 1.
b) The
granular
filter
material shall
Class 4 mineral
aggregate as
defined in
Section
403 of the AHTD
Specifications.
c) The carrier pipe shall be as sized on the Plans and shall
be corrugated polyethylene tubing meeting the AHTD Specifications
(Section 611).
PART III, CONSTRUCTION SPECIFICATIONS
III -1 GENERAL:
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Where applicable, and when not superseded by Plan notes or
these Specifications, all construction methods are to conform to
AHTD specifications.
III -2 FRENCH DRAIN INSTALLATION:
A french drain shall be installed along the entire north side
of the project in accordance with the details shown on the plans
using the materials defined elsewhere in these specifications.
Construction shall be laid in accordance with Section 611.03 of the
AHTD Specifications.
This work shall be completed before any other work is done in
order to protect the reconstruction work and to further protect the
existing street in the event the main part of the reconstruction
has to be delayed. The top of the french drain shall be protected
so that extraneous materials cannot get into the granular filter
material. The french drain shall tie into existing curb inlet
boxes.
All driveways cut in connection with this work shall be cut
smoothly with a saw. Repairs shall be made with cold mix and shall
be properly maintained until permanent repairs can be made.
French drain installation shall be paid for by the linear foot
at the unit price given in the proposal. Such price shall include
all labor and materials required, including the cost of the tie-ins
to existing inlet or junction boxes. The cost of driveway repairs
shall be at the appropriate unit price as given in the Proposal.
III -3 RECONSTRUCTION AREAS:
Rockcliff Drive from Station 0+55 (beginning of the asphalt
paving) to Station 14+35 shall be totally reconstructed. All curb
and gutter, existing asphalt surfacing, existing base material, and
the first 12 inches of subgrade materials shall be removed. The
engineer shall determine in the field whether or not additional
materials are required to be removed. No re -use of materials will
be permitted except upon written permission of the engineer.
The proper disposal of the removed material shall be the
responsibility of the Contractor. The Contractor is reminded that
any material disposal site within the City of Fayetteville must
have a Grading Permit approved by the City. Disposal of materials
outside the City Limits of Fayetteville shall be in accordance with
the regulations of the affected political jurisdiction.
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The excavation of materials shall take place from back of curb
'to back of curb plus 12 -inches on either side of the curbs.
The hillside material shall be compacted to 95 percent of
' Standard Proctor and the base material shall be compacted to 95
percent of Modified Proctor. Densities shall be taken every 300
feet or fraction thereof.
On the east end of the project the asphalt and curb and gutter
appear to be in fair to good condition. The City of Fayetteville
reserves the right limit reconstruction work past Station 12+90 in
terms of curb and gutter removed and base materials removed and
replaced. The Contractor shall have no claim on account of the
reduction of the final quantities from the estimated quantities as
a result of such limitation of work.
Two -inches of Type III asphalt shall be placed on the
compacted base material. Cores shall be taken every 500 feet or
fraction thereof and shall be for the purpose of checking the
asphalt density and the thickness of the asphalt. In no case shall
the actual thickness be less than the required thickness minus 1/8
of an inch. Minimum asphalt density shall be 92.0% of the maximum
theoretical density. Where asphalt densities fall between 90.0
percent (inclusive of 90 percent) and 92.0 percent, the City may
allow payment in lieu of replacement, such payment to be
negotiated. Where asphalt densities fall below 90.0 percent the
asphalt shall be removed and replaced.
Asphalt shall be measured by the square yard and paid for at
the unit price as given in the proposal. Class 7 base shall be
measured by the truck yard and shall be paid for at the unit price
given in the proposal. Hillside shall be measured by the truck yard
and shall be paid for at the unit price given in the Proposal. Curb
and gutter shall be paid for by the linear foot at the unit price
given in the Proposal.
The cost of all other work subsidiary to the placement of the
curb and gutter, asphalt, class 7 base, and hillside shall be
included in the unit price for each item and shall not be paid for
separately.
III -4 RESTORATION OF LAWN AREAS:
All lawn and landscaped areas damaged by the construction
shall be restored as nearly as possible to their original condition
and shall be bid as such in the contractor's proposal. Sod shall be
replaced where grass areas are disturbed. The existing sod, if
suitable, may be removed at the beginning of the job and replaced
after the work has been completed. No seeding shall be allowed
except where an agreement has been reached with the affected
property owner.
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The Contractor may negotiate with individual property owners
to replace lawn and landscaping differently from what is existing.
It is the intent of this section of the Specifications that
disturbed landscaping be replaced in kind, whether that landscaping
' consists of lawn area, bushes, landscape timbers, gravel, or other
materials.
' The cost of all work under this Section shall be paid for at
the Lump Sum price given in the Proposal and no work shall be paid
for separately.
III -5 RESTORATION OF DRIVES:
Driveways shall be replaced to the extent they are damaged by
construction or as noted on the Plans. In no case shall a driveway
be replaced beyond the right of way line unless damaged by the
Contractor. Where the driveway is broken (as opposed to being saw
cut) the Contractor shall saw cut the driveway and create an
expansion joint where the replacement driveway joins the old
driveway. In no case shall driveway repairs extend beyond the right
of way line unless damage has occurred beyond that point. The
payline for driveway repairs shall not extend beyond the right of
way line. For purposes of driveway restoration, it will be assumed
that the right of way extends 9.5 feet behind the curb as presently
existing.
Drives shall be replaced with 4 inches of concrete and shall
match the grade of the existing drive. The concrete shall be
reinforced with welded wire mesh (6 by 6 by 10) or fiber glass.
Where the drive is constructed of exposed aggregate, it shall be
replaced with exposed aggregate, however, no exposed aggregate
shall be required in any curb and gutter section. In no case shall
asphalt be used to replace driveways.
The cost of all work under this section shall be measured by
the square yard and shall be paid for at the unit price given in
the proposal.
III -6 UTILITIES:
The work will require working around and over existing main
line utilities and service lines. It shall be the responsibility of
the Contractor to have the lines properly located prior to
construction and shall be responsible for the protection of such
lines during construction. Any interruption of service due to
damage either to a main line or service line shall be handled as
called for elsewhere in these Specifications.
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The City shall not be responsible for damage or delays in the
work due to the requirement to work around, over, or near any
utility lines. The cost of any and all work under this section
shall be included in the appropriate unit prices for other items
contained in the Proposal and shall not be paid for separately.
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