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HomeMy WebLinkAbout70-95 RESOLUTIONRESOLUTION NO, 70-95 A RESOLUTION AWARDING BID NO. 9534 IN THE AMOUNT OF $209,000.00 TO BASIC CONSTRUCTION SERVICES, INC. FOR GRADING AND DRAINAGE IMPROVEMENTS NEEDED ON THE TRANSFER STATION AND MATERIALS RECOVERY FACILITY SITE, AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. Thal the Council hereby awards Bid No. 95-34 in the amount of $209,000.00 to Basic Construction Services. Inc. for granding and drainage improvements needed on the Transfer Station and Materials Recovery Facility site. A copy of the hid tabulation is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment increasing Transfer of Sales Tax Capital Improvement Fund, Acct. No. 5500 0950 6602 47 in the amount of $274,900.00 and Use of Fund Balance. Acct. No. 4470 0947 4999 99 in the amount of $334,900.00 to increase Solid Waste Improvements, Acct. No. 5500 5060 5816 00, Project No. 93098 in the amount of $274,900.00; Transfer to Solid Waste Funds, Acct. No. 4470 9470 7602 50 in the amount of $274,900.00; and Building Cost, Acct. No. 4470 9470 5804 00 in the amount of $60,000.00. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 16th day of May 1995. APPROVED: By: ATTEST: By:- Traci Paul, City Clerk A4,4)1 f red Hanna, Mayor RESOLUTION NO. 70-95 CORRECTION A RESOLUTION AWARDING BID NO. 95-34 IN THE AMOUNT OF $209,000.00, PLUS A 10% CONTINGENCY FEE OF $20,900.00, TO BASIC CONSTRUCTION SERVICES, INC. FOR GRADING AND DRAINAGE IMPROVEMENTS NEEDED ON THE TRANSFER STATION AND MATERIALS RECOVERY FACILITY SITE, AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby awards Bid No. 95-34 in the amount of $209,000.00, plus a 10% contingency fee of $20,900.00, to Basic Construction Services, Inc. for grading and drainage improvements needed on the Transfer Station and Materials Recovery Facility site. A copy of the bid tabulation is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment increasing Transfer of Sales Tax Capital Improvement Fund, Acct. No. 5500 0950 6602 47 in the amount of $274,900.00 and Use of Fund Balance, Acct. No. 4470 0947 4999 99 in the amount of $334,900.00 to increase Solid Waste Improvements, Acct. No. 5500 5060 5816 00, Project No. 93098 m the amount of $274,900.00; Transfer to Solid Waste Funds, Acct. No. 4470 9470 7602 50 in the amount of $274,900.00; and Building Cost, Acct. No. 4470 9470 5804 00 in the amount of $60,000.00. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 16th day of May , 1995. ATTEST: By: '% ` ' f ('c I7 Traci Paul, City Clerk APPROV By: red Hanna, Mayor CITY OF FAYETTEVILLE BID: 95-34 DATE: 5/09/95 TIME: 11:00 AM EXHIBIT A DESCRIPTION: GRADING & DRAINAGE/TRANSFER STATION NO. BIDDER ITEM #1 1 SWEETSER CONSTRUCTION 2 OAKRIDGE BUILDERS 3 RED DEER, INC 4 MOBLEY CONTRACTORS 5 B,B, & B CONSTRUCTION 6 BASIC CONSTRUCTION CERTIFIED BY: PLRCbAS'NG MANAGER rC'� WI -NESS $256,155.00 NO BID BOND $324,782.16 $272,778.84 $380,450.00 $209,000.00 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1995 Department: Sales Tax Capital Improvement Fund Division: Program: Date Requested May 16, 1995 Adjustment # Project or Item Requested: Additional funding is requested for the Solid Waste 1 ransfer Station and Materials Recovery Facility. The addit ona: furls are needed due to the change of site location approved by Council. Additionally, the Street Division salt building must be removed and relocated as part of the transfer station and matcnais recovery facihty. Additional matenal storage bays are planned to provide dry storage of hillside fill material and top soil. Project or Item Deleted: None. City sales tax collections and interest income in the Sales Tax Capital improvements Fund exceeded estimated revenue for 1994 by approximately $463,000. Previous budget adjustments have utthzcd $60,0001eaving $403,000 available to fund project overruns. Justification of this Increase: The additional funds will be used for additional engmeenng expense. relocation of salt building, and. construction of drainage improvements. Justification of this Decrease: Sufficient additional revenue above estimated for 1994 exists to fund this request. Account Name Solid Waste Improvements 'Transfer to Solid Waste Fund I3uildnig Cost Increase Amount 2.74 274,900 60,000 Account Number Prolcct Number 5500 5060 5816 00 93098 4470 9470 7602 50 4470 9470 5804 00 Increase Account Name Amount Transfer from Sales Tax Capital Imp. Fund 274.900 Use of Fund Balance 334.900 Account Number 5500 0950 Project Number 6602 47 4470 0947 4999 99 / Approval Signatures ILL& 4-- T rjei 9r _ -2equested B •3 artment $hector Budget Office Use Only Type: A B C D E F Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy C1-PJtC7 STAFF REVIEW FORM For the Council meeting of Mav 16 1995 FROM: I:. -wear. Waste 1•^ WCr$C sante _ Ler. a rt tr•r. t ACTION REQUESTED: Amendment s_ 1 -age imp/ cver..er.t e :- .5 for t:;( .--c:.t : t 1. Has:1: Cons-:// ion `o: g1 ad.Lg a::.: .. a::n:, a:d 7.1'1.1. a:. .'. 3.y t nr• ./.1 .t e.;:: dingfoundct : rr ,.nd . ,.n. r. COST TO CITY: 32, 9..^•i• o` '1: s re•;•.eet A ccur t Number Pro-ect N121:a.:r • r 3t B'u c c - t. • u. a_a:::e .,:L• i:a::1 a.x, c:a tegc:-y; P1 c j c N_tee `( q: an '3,3.1.1 .._.:d .tial,. BUDGET REVIEW: 1 3'1dge:, Coord: natc l b'uc:: et Acj ast n -:.t Attachec SeI'+1Ces P_rct :•11 CONTRACT/GRANT/LEASE REVIEW: A :.g39.t)4-q M-.na:$rr 'ate (rites Late 6-.,i 9b C:.1 P.rr ;:1ias; r:q ASENCIC: ry:,- CCorcn:.ati-z ' :mate J` '., • 31. lit.. einal Aad:: c•T Late STAFF RECOMMENDATION: Departmen, )1rt. 11.y%t 221uheiS i/ ..r Late Cross 14r1t Lente Few item Yes No '}-rev Cra/res 1<: .. r. a Contract 1�.11T1tl�"'"' I ; 'I I .I.1; THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Kevin Crosson, Public Works Director)( From: Willie Newman, Waste Reduction Coordinator Date: June 2L 1995 Re: Amendment #1- Basic Construction for Grading and Drainage Improvements • Staffrecommends approval of amendment #1 of the contract with Basic Construction for grading and drainage improvements for the transfer station and materials recovery facility site is for the removal of the salt building foundation and slab at a cost of $2.400. City crews and equipment were used to remove the concrete walls of the salt building; however. the foundation and slab were constructed so heavily that our equipment can not handle its removal. The foundation is four feet deep and two feet wide with #4 rebar throughout, and the slab is a foot thick We tested the use of an 80,000 pound excavator which Basic Construction had on site and found it could remove the foundation with some struggle. The hourly cost of an excavator of this size is S200 to $250 and this particular job is estimated to take ten hours. This is a fair price for the job required in this amendment and will be paid out of the $20,900 allocated as contingency funds approved with this contract If I can be of any further assistance, please contact me at extension 497 at your earliest convenience. AGREEMENT WITH AMENDMENT TO THE Basic Construction AMENDMENT i 1 This is an amendment to the Agreement for Grading & Drainage Improvements executed on the 16 day of May 1995 between the City of Fayetteville, Arkansas and Basic Construction Additional services required due to removal of salt building foundation and slab. • The charge for the additional services shall not exceed $ 2,400 • CITY OF FAYETTEVILLE: f/ /21i. 71. •%22Ai' 40 Mayor Date Title • • Date1/41:144C---/S7, /9f(r CONTRACT CITY SPECIFICATIONS AND CONTRACT DOCUMENTS GRADING AND DRAINAGE IMPROVEMENTS FOR SOLID WASTE TRANSFER FACILITY FAYETTEVILLE, ARKANSAS Plans No. Fy-245B April, 1995 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas e 1995 McGoodwin, Williams and Yates SPECIFICATIONS AND CONTRACT DOCUMENTS GRADING AND DRAINAGE IMPROVEMENTS FOR SOLID WASTE TRANSFER FACILITY FAYETTEVILLE, ARKANSAS Plans No. Fy-245B April, 1995 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas e 1995 McGoodwin, Williams and Yates TABLE OF CONTENTS Section Advertisement for Bids 1 Instructions to Bidders 2 State Wage Determination 4 Bid 5 Agreement 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract 8 Supplementary Conditions 8 TECHNICAL SPECIFICATIONS Division 1 General Requirements Project Requirements 100 Testing 120 Division 2 Sitework Site Preparation, Excavation and Backfill, Undercutting and Compacted Fills 200 Solid Sodding 243 Stone Riprap 265 Cleanup and Seeding 295 Division 4 Pipe and Pipe Laying Pipe Culverts 430 Placing Pipe Protection Cover and Compacted Backfill 461 Driving Surface Repair 495 ADVERTISEMENT FOR BIDS Notice is hereby given that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 11:00 a m. on Tuesday, May 9, 1995, for furnishing all tools, materials and labor and performing the necessary work for construction of Grading and Drainage Improvements for the Solid Waste Transfer Facility. At this time the bids received will be publicly opened and read aloud in the Purchasing Office of City Hall. The work generally consists of. Site preparation including clearing and grubbing, excavation and disposal of unsuitable material (approximately 4,000 cubic yards of cut; suitability for use as engineered fill will be determined at time of excavation), furnishing and placement of engineered fill (approximately 12,000 cubic yards), construction of storm drainage system, including 200 linear feet of 24 inch RCP, 340 linear feet of 30 inch RCP, 540 linear feet of 42 inch RCP, 130 linear feet of 17 inch x 13 inch CMAP, three inlet structures, one junction box, and associated headwalls and flared end structures. Plans and specifications are on file and may be examined at the office of the Public Works Department, City of Fayetteville, and in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703 Copies of these documents may be obtained from the office of said engineers upon request, and upon the payment of $25.00 for plans and $25.00 for specifications, a total of $50.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the Owner, City of Fayetteville, Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Grading and Drainage Improvements, Solid Waste Transfer Facility, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. 1-1 The City Council reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the City. The City Council further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids Dated this 23rd day of April , 1995. /s/ Peggy Bates Peggy Bates, Purchasing Officer 1-2 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 "Bidder means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. 1.2 "Issuing Office" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered 1.3 'Successful Bidder means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit the following Statement of Bidder's Qualifications. STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 2-1 Instructions to Bidders 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 12) Experience in construction similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day of ,19 Name of Organization: By Title 2-2 State of County of ) ) Instructions to Bidders being duly sworn deposes and says that he (she) is the of Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 19 Notary Public My commission expires (Seal) 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: 4.1.1 to examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below); 4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work, 4.1.3 to consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4 to study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; 4 1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" 2-3 Instructions to Bidders contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions has been identified and established in paragraph SC -4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies. 2-4 Instructions to Bidders 4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9 The provisions of 1-41 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions. 5. AVAILABILITY OF LANDS FOR WORK, ETC. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 7. BID SECURITY 7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a 2-5 Instructions to Bidders surety meeting the requirements of paragraph 5.1 of the General Conditions. 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 8. CONTRACT TIMES. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form). 9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 10. 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. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of materials or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the General Requirements. 11. 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 nor shall the Contractor allow such Subcontractor to commence Work until he has provided such workers' compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 12. BID FORM 12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. 2-6 Instructions to Bidders 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5 All names must be typed or printed below the signature. 12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 12 7 The address and telephone number for communications regarding the Bid must be shown. 12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with paragraph 3 above State contractor license number must also be shown. 13. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 14. MODIFICATION AND WITHDRAWAL OF BIDS 14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 15. OPENING OF BIDS Bids will be opened and (unless obviously nonresponsive) read aloud publicly at the place where Bids are to be submitted. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders 2-7 Instructions to Bidders after preparation by the Engineer. 16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 17. AWARD OF CONTRACT 17.1 Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time 17.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 17.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and 2-8 ' Instructions to Bidders I Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 19. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be ' considered, and shall note their license number on the outside of their Bid. 21. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will ' make whatever contributions are required under and by virtue of the provisions of said Act. 22. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract ' Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. I I I I I The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours I 2-9 Instructions 1 to Bidders 1 to the inspection of the Department of Labor or the Owner, its officers and agents. i The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been 5 or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. I 23. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 24. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 25. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162. ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. I I I I I 2-10 1 I Jim Guy Tucker James L. Salkel8 STATE OF ARKANSAS j ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK. ARKANSAS 72205-2190 (5U1)682-4500 a FAX 1 A 50 1 6821 45U 32 a TDn:3I�00) 285-1131 Don Mobley r L1`1 McGoodwin, Williams and Yates, Inc. 909 Rolling Iii l is Drive Fayetteville, AR 72703 RE: Solid Waste Transfer Facility Fayetteville, Arkansas Washington County ( Dear Mr. Cantrell: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 94-279 establishing the minimum wage rates to he paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. L f_; I I I I I 1f the work is subject to the Arkansas Prevailing Wage Law. every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.§§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). Also enclosed is a "Statement of Inl.ent to -Pay Prevailing Wa ese form that should be put in your specifications along with the_ wage -determination. The General Contractor is responsible for getting -this form filled out and to this office within 30 days of the- Notice to _returned -Proceed for this project. Please notif me when you iss_u our Notice to Proceed for this project__ - - - Jr you have any questions please feel free to contact me at (501) 682-4533 or through fax at (501) 682-4508. enclosure Sincerely, Ann Sanders Prevailing Wage Supervisor fi 4-a IPage :3 of 4 I I Ti I I I I I CERTIFIED 1 JULY 1, 1994 Classifications that are not listed, but that are going to be working on this project, should be requested from the Arkansas Department of Labor, Prevailing Wage Division. These written requests should he made as soon as you notice that a required • classification is missing, normally this would be during the bid process. ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: April 21, 1995 DETERMINATION II: 94-279 PROJECT: Solid Waste Transfer Facility COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATE: 10-20-95 SURVEY N: AB05 BASIC IIOUIRLY 1711 NUE CLASSIFICATION RATE BENEFITS Bricklayer/Stonemason 7.20 Carpenter 7.20 Concrete Finisher/Cement Mason 8.00 Electrician 12.00 .16 Laborer 6.75 Mechanic 6.90 Pipelayer 7.00 Power Equipment Operators: Group I1 8.95 Group III 8.70 Group IV 8.10 Welders --receive rate prescribed for craft performing operation to which welding is incidentaI. I I I I I I 1 4-2 I I I I I I I I I' I I I I I I I Page 4 of 4 ARKANSAS DEPARTMENT or LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: Apri I 21 . 1995 DETERMINATION II: 94-279 PROJECT: Solid Waste Transfer Facility COUNTY: Washington Fayetteville, Arkansas EXPIRATION DA'Z'E: 10-20-95 Power Equipment Operators: Group II Operators engaged in operating the following equipment or performing work relative to the engineer's jurisdiction: Hydraulic cranes, cherry pickers, backhoes, and derricks with a lifting capacity less than 50 tons, as specified by the manufacturer, backhoes, tractor or truck type. overhead & traveling cranes, or tractors with swinging boom attachments, gradealls above equipment irrespective of motive power, leverman (engineer), hydraulic or bucket dredges, irrespective of size. Growl i I Heavy Equipment Operators. Operators engaged in operating the following equipment: bulldozers, front end loaders, sidebooms, skytracks, push tractors, pull scrapers, motor graders, trenching machines, regardless of size or motive power, backfillers, central mixing plants, l0S and larger, finishing machines, boiler fireman high or low pressure, asphalt spreaders, hydro truck crane, multiple drum hoist, irrespective of motive power, rotary, cable too], core drill or churn drill, water well and foundation drilling machines, regardless of' size, regardless of motive power and dredge tender operator. Crop IV Light Equipment Operators. Operators engaged in operating the following equipment: Oilerdriver motor crane, single drum hoists, winches and air tuggers, irrespective of motive power, winch or A frame trucks, forklifts, rollers of types and pull tractors, regardless of size, elevator operators inside and outside when used for carrying workme❑ from floor to floor and handling building material, Lad-A-Vator, conveyor, batch plant. and mortar or concrete mixers, below 1OS, end dump euclid, pumperete, spray machine and pressure grout machine, air compressors, regardless of size. Al.! light equipment, welding machines, light plants, pumps, well point system dewatering and portable pumps space heaters, irrespective of size, and motive power, equipment greaser, oiler, mechanic helper. drilling machine helper, asphalt distributor and like equipment, safety boat operator and deckhand. 1 4-3 I fu ii H^ • I I ile F m Ipw Fyw,i! 3 ++ I a o o +�N : E to I .a w W1 tiro+] N N I Fh ro rl w4JIP �Q 4J 0 I i 4 a O-QQ 3 fib) •t1 0 I FFH I I 0 W p~ 3 O a N U 4J4 I q°ti w q Nb O 1 4 m C • �.J aq) '< 3 V R W O •--I U Q. I I � a� m u o I 0a z 4 ti4C) Qi 1I H R p� aOi+�ivc°a •H to I FN •'fI H3 ° L I OtobbQ.N ¢ I I i E Wa �y UJ.'•i� O•Q I I WF -Q ^i U U I i C7 ,yF a�i tom I O. I E- fl w O 3 II H ~i a+] u Ci W�F bII- QUm mq'Wo 0 N m •^'lII I 3U)[Qr1ai r ≥ IQ N E 0MCCQ4Ur,-ti +I I :LNaa Cy u C ��7Fc�tl .,� ^U I0 i O W I zz H Ja E', Ia 3 ¢ F Di •� N ~ 'Q Q i-t --WRfrun'mO 2• ~O?q y ~ is mIL EU aJ ro . a) -C a) 4 'r1 0 KC 4 t-0 O -4 U m❑ 304 -1 O O a m f aid and G -C m t.i, 1. 'ZFEvW u� + :• c� C a rJ d 4 O 2 N O t 4 0 M Ci -Q 3r Sr O U Cz O F u v >M-rJ'-i O O F F F al .� IH 4 UI• J-i ii 4 U Iy N •rl D 4_i 11 -C t7] i-1 m. rJ m> 4 ai ro 4J Q 4 f~. U u c ry O C 3 u C U4i.) 4 Li C• -1 . o �, C Su O aqw .rlv „ •.i N O +1 O' O -W U 0. 3-i O N ro O U t-7 to :i 3 '•.1 11 r 4 3 '�I Q U1 U7 qI C ^i —i N r C7 t:c Ey U Q aJ 'ti C V U 21 (U -u ccot, •i E 4 •-+ -ti I U U bf a: :V •v W F .C w VI a) ^I ^i -H --i C b - C) U F 4 to Q. -H --i Ii IN ti a] M CU II k m Q -Hu mW� F-) N YIIm U .c: F:, '(-1(1) F N O O 4QQi II C a• U Oa] °4'[aaa oI W s .I am! tiai II4-4 I IBID IGRADING AND DRAINAGE IMPROVEMENTS FOR SOLID WASTE TRANSFER FACILITY FAYETTEVILLE, ARKANSAS Plans No. Fy-245B Dated April, 1995 ll City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To the City Council: I I I Lii I I I I�l ILL The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within fifteen days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date and such addenda are attached to the Bid. Number I 5-1 II Ui U. I I I I I I I I rrd I I C b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c) Bidder is familiar with and is satisfied as to all federal, state and local Iaws and Regulations that may affect cost, progress, performance and furnishing of the Work. d) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. f) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. HI 4 ti II I 1 I I I I Ph I I I I L' h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for 5% Ten Thousand Four Hundred Fifty------- ($ :0,450.00 5. The Bidder will complete the Work for the following lump sum prices: Item Estimated No. Quantity Description Total Amount 1. Lump Sum Site Preparation, including clearing and grubbing, excavation and disposal of unsuitable material (approx. 4,000 C.Y. of cut; suitability for use as engineered fill will be determined at time of excavation), furnishing and placement of engineered fill (approx. 12,000 C.Y.), construction of storm drainage system, including 200 L.F. of 24 inch RCP, 340 L.F. of 30 inch RCP, 540 L.F. of 42 inch RCP, 130 L.F. of 17 inch x 13 inch CMAP, three inlet structures, one junction box, and associated headwalls, and flared end structures. Topsoil replacement, seeding and mulch are required at all disturbed areas west of Happy Hollow Road. Solid sod is required at all flared end structures and at the two headwalls (approx. 275 S.Y.). Riprap is required at ditch between headwalls and box culvert (approx. 90 C.Y.). Two Hundred Eight Thousand and no/1C0----------- 208,000.00 dollars $ 2. Lump Sum Trench or Safety Excavation System, as required by Act 291 of the 1993 Arkansas General Assembly one Thousand and no/100-------------------------dollars 1rC00.C0 1 TOTAL BID .............. . .. .. .... . . .... ..... .. a5. (continued) I 209,000.00 The contract, if awarded, will be based on the lowest bid accepted by the Fayetteville City Council. 1 5-3 H a I 1 Ni I i [11 Unit prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Work will be substantially complete within 45 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 75 calendar days after the date when the Contract Times commence to run. fiBidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. Submitted this 9th day of May , 19 95 Respectfully submitted, Basic Construction Conpany, Inc. (Firm Name) I Attest: • (Seal, if bid is by corporation.) I Arkansas License No. 043150296 By /s/ Gary Combs Title President P. C. Box 138 Fayetteville, Arkansas 72702 (Business Address & Zip Code) 1 5-4 I LU AGREEMENT ITHIS AGREEMENT is dated as of the fiin the year 19 ' ti by and between Arkansas the Cit y day of of Fayetteville, (hereinafter called OWNER) and 1 Basic Construction Company, Inc. of Fayetteville, Arkansas (hereinafter called CONTRACTOR). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1 Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work consists of all items as set out in the Bid, these Specifications and Plans No. Fy-245B dated April, 1995, including all work required for a complete installation, generally including: Site preparation including clearing and grubbing, excavation and disposal 1 of unsuitable material (approximately 4,000 cubic yards of cut; suitability for use as engineered fill will be determined at time of excavation), furnishing and placement of engineered fill (approximately 12,000 cubic yards), construction of storm drainage system, including 200 linear feet of 24 inch RCP, 340 linear feet of 30 inch RCP, 540 linear feet of 42 inch RCP, 130 linear feet of 17 inch x 13 inch CMAP, three inlet structures, one junction box, and associated headwalls and flared end structures. Topsoil, seeding and mulch are required at all disturbed areas west of Happy Hollow Road. Solid sod is required at all flared end structures and at the O two headwalls (approximately 275 square yards). Riprap is required in the ditch between the headwalls and the box culvert (approximately 90 cubic yards); and all items set out in the Plans and Specifications for a complete installation. O Article 2. ENGINEER The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The Work will be substantially completed within forty-five (45) days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General 6-1 I I En LU I I B I L I I 8 0 I I Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within seventy-five (75) days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for unit and lump sum prices in the Bid, the total sum being Iwo Hundred Nine Thousand and no/100----------($ 209,000.00 (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 6-2 I 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. fl 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on e recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress fl payments prior to Substantial Completion will be in an amount equal to 95% of the Work completed. fl 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions). 8 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with flparagraph 14.7 of the General Conditions. I 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13. IIArticle 6. INTEREST All moneys not paid when due as provided in Article 14 of the General Conditions shall Obear interest at the maximum rate allowed by law at the place of the Project. O Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. I I -3 ED I I I I I I I 7.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. fi7.5 Contractor is aware of the general nature of Work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. 1 1 1 1 Il I] n LU 7.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance, Payment and other Bonds. FI l Ii e8.4 Notice to Proceed. fi8.5 General Conditions. 8.6 Supplementary Conditions. 0 I D O 1 I I 0 P I.i I I 1 0 I 8.7 Specifications consisting of divisions and sections as listed in the Table of Contents. 8.8 Drawings consisting of three sheets. 8.9 Addenda numbers - to - , inclusive. (N/A) 8.10 Contractor's bid. 8.11 Documentation submitted by Contractor prior to Notice of Award. 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 1 6-5 I 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by Engineer on their behalf. 1 F ,- This Agreement will be effective on i CC Via. 19 ` D (which is the Effective Date of the Agreement). '- OWNER: CONTRACTOR: CITY OF FAYET_EVILLE BASIC CONSTRUCTION COMPANY, INC. 1 Li I 1 El 1 I I El 1 1 Fr B. Hanna, Mayor [Corporate Seal] Attests , �Ii �., Traci Pau.-, City Clerk Address for Giving Notices: 113 West Mountain. pa.ul juidLW anaq Attest Address for Giving Notices: Post Office Box 138 Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72702 1 6-6 U. Bond No. 400 JP 6610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That we (1) Basic aConstruction Company, Inc. a (2) corporation hereinafter called'PrinCipar and (3} St. Pat.1 Guardian Insurance Company IIof St. Paul _State of Minnesota hereinafter called ethe 'Surety.' are held and firmly bound unto (4) the City of Fayetteville. Arkansas hereinafter called the 'Owner.' In the penal sum Two Hundred Nine Thousand and no/100-------------------------- dollars ($ 209, 000.00 ) In lawful money of the United States, for the payment ft of which sum well and truly to be made, we bind ourselves, our heirs, executors. administrators and successors, jointly and severally, firmly by these presents - fl THE CONDITION OF THIS OBLIGATION Is such that whereas, the Principal entereg into a certain contract with Owner, dated the _ I S h day of't- 19'3 . a copy of which is hereto attached and made a part hereof fr the construction of: Grading and Drainage Improvements for Solid Waste Transfer Facility; Fayetteville, Arkansas; Plans No. Fy-245B. NOW THEREFORE, if the Principal shall well, truly and faithfully perform Its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract a during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates aria agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED. FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be fi unsatisfied. UI 7-1 1 H This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51;635, Cumulative Supplement. four (4) IN WITNESS WHEREOF, this Instrument is eice�utod ine) coyrtterparts, each fione of which shall be deemed as original, this the day of 1i r 19 �JP ≥7 - Attest Basic Construction Company, Inc. Principal (Principal) Secretary BY (Seal) y ombs, President Post Office Box 13& I l%t- C/ (JL Fayetteville, Arkansas 72702 Witness astt Principal Address ?? µ.t i8 (u 71701 Addr�s 1 Attest, ST. PAUL GUARDIAN INSURANCE surety---, C NPANY (Surety) Secretary ii (gam) Attorney -in -Fact L±I)d,fi Frey Rebsa nen Insures e P.3198 'i`t'e Rock AR 72203 • Witness as Surety , Address 1500 Riv rfror.t Drive Little Rock, AR 72202 Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an in Mduai, as the case may be - (3) correct name of Surety. (4) Correct name of Owner. rn (5) If Contractor is a partnership, ad partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where me work Is to be performed prior to the start of construction. Ei 7-2 I I Bcnd No. 400 JP 6610 PAYMENT BOND aKNOW ALL MEN BY THESE PRESENTS: That we (1) Basic Construction Compaa y. Inc. a (2) corporation hereinafter O called'Principar and (3) St. Paul Guardian Insurance Company of_St. Paul _Statepf Minnesota hereinafter called 1 the "Surety; are hold and firmly bound unto (4) the city of Favetteville. Arkansas hereinafter called the 'Owner; In the penal sum of Two Hundred Nine Thousand and no/10U---------- II_____ dollars ($_209,000.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUGATION is such that whereas, the Principal entereft into a certain contract with Ownet, dated the it day of fi ; 19 a copy of which Is hereto attached and made a part hereof f�r the construction of: I Grading and Drainage improvements for Solid Waste Transfer Facility; Fayetteville, Arkansas; Plans No. Fy245B. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for In such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil. gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance. Q rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed In such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full lorce and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the laid Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect Its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 7-3 I Q PROVIDED. FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond Is given In compliance with Act 351, Arkansas Acts of 1953, and Act Q 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957). Section 51-635, Cumulative Supplement four (4) Li I I I I I rr I IN WITNESS WHEREOF, this instrument is exgcutyd In i erpfl. each one of which shall be deemed as original, this the I C'_ day of )jLt 19'"J �r (Principal) Secretary (Seal) Witness as UI Principal r?c.t. fi5 ,Sztt A C i-a £ C i' L it . u ML 12 /t2 - Fr . (Surety) Secretary Witness as surety 1500 Riverfront Drive Little Rock, AR 72202 Address Basic Construction Company, Inc. Principal B y os, Presi en t Office Box 138 Fayetteville, Arkansas 72702 ST. PAUL GUARDIAN Surety j9 Address NOTE: Date of bond must not be prior to date of contract. :. ., .i,: ..rp .1, itr \ 7-4 ey E I L �I s1. PAL 1, (;l ARD1A\ INSURANCE COMIPANY ('1:8'11011'lla(1F r 385 %1ashinglon Street, St. Paul, Minnesota 55102 \iuil)Rtn NO. Ck,RI IFIFD Fa ten• . al : n: l lire a.nlmt l : n thin Ptiur 1 Aril u t NOL In..' I:I:ph: Ir I,, I fire I SIX, 421 ?tl\d arJ a,h to: COPS- NO. 'I r Pru_I o' \ In'ecx e'l. Pitmc-ct;t I. n, Fcii, d:t of ALnnrr) No an' the named mCnijuabsl. G-00034 GENERAL POWER OF ATTORNEY - CERTIFIED COPY U)r.pma u -I File at ]1n••ie Ot1:ce nt Compam. See Cerlitication I KNOl1 \U \1E\ Rl1 HFSI: PRLSE\ IS: 17,1 St. Paul Guardian Imuranre 1 ompan)..:arpa ac: n orgarl,ed and ex..t rr InLel nt laUs :1 the Starr 19 \lnae•; :a :II\.rp I•' p :nI 1p. I ; 1' .I ui r it I x tit Si. Pail \l:Int sI •I, . JoeLe < I''.ar t tale anti ap \n it Charles H. Harper, Dale E. Temple, Linda Frey, John Gerety, Carolyn A. Cory, Dianne Cowan, William W. Bussey, Jr., John M. Elliott, individually, Little Rock, Arkansas r, hue aad ;au'l.l aCtlrnr}i. -m-L,. it art Lit . ,ra a Id 110 nt r . t .1' 1 in 111 ntF.ilt as •J.en_ art and a:l ' n J• At in it rtiku g,, :e:ogn cartes. ton:rat t• : 1 nde runt ani othu wu:m,;,: ' U, Infix 10th' ralu"e:Feren'. 'l'it h aY to ri. x Ix- .:piped Irgnrtd of Penn Cod ht lau. 'idihir. riLe Rf llalioi , ortlwti ii nthc-x'.se. NOT TO EXCEED IN PENALTY THE SZTh1 OF TEN MILLION ($10,000,000) EACH anti Ihr z.et u:1: I I t all , It I I, ,Lnicv is r in r'uat . t o:.1 err ore•:ut•. shill he i, hlydmg npi n said St. Paul Guardian Inwrance ( ompam. a• :1.1 \ and a rrl\ to A. rim's IT II pmpost s.asr.tC,a'r;n,.J het n Cu.' ere, aced laud at k:o\t Iet.pet. Iw Is I,:L I.,rl.t le ed '' ice- • a: h pnuc pa. nithr. III, ?nn'' Lit Alhm e, is exc urn ani. n a. he re"d rd In al.C ra'. ,t t' eked ,.mart Io a id rt a nhnnn +' Sri C \ - iCChar nil . ,P tie !3\ -La" d5i ii.•t! T the SI aiehnldcis . ST PAt L I;[ 4RDI4\ 1\S1 R \\('}:l OVP\\l .I a na•rtlt a , ilkI and hid nn :he Cs F da\ :1 %pill.:I' S. n• whit 7 the hi, %iim aansLn It of said 'ec'If:t', Ci lire Pees C 9n of a IN V t e •'-I lid, n' \„ 'Lie I \ I. a 19 r,i In I Sc i1• a \ ni Six, p r C cii.e' (leue.I lamer ,ha I h n e rnp n a Id .,L11ion1 t . I Ti : rpnur \tit : it" IT t3L.. .1111 In ahmntie Itt ri to aeLLIe III `n halt of the (nmp,.l, ..r.J an ft h (it Sea i' t It t'ompa:n ti c-cln. bend, aid Jnaeiiabn,s tell c -iv, fLe•. ten rail' i t I ide rmit a It. eta, r \.u'rl t; S i,aton in Ihr ram'. Ihcarnl, and J :r „pen n: ,pet lid Allnnv s I I'at l Uh'' a" !I, r.'l•% it rlllrid In ,trt:f\ I' L.'P C, Ili Al.% none nhallorr:4 jssj 1I- ml,'' alit :it this st,11,n o1 an n• :1 : Rt I JUN +' :hr ( o r1•. rt end X31 —r Ice lit, it anx'I I C a-1, -kb \time:-at-ta, I: Sprt.a] \t ''TN 11'ati aid ILniC Eli adF.r hgta. '11111. Ivnher.:hr. ]'owe .1 \m I lt \ n , gut d a vdlr.l F\ taL •II111II IJPl.a iii' ` trM,la ,nn n' :h: Rndld: t Dire. t.,, it %,31i t'I nrpan\ rJoptit elan cure Ju.' called a Id it it] nil IFd _2 iii dax L• Septet PILL 19S' a1 'x liILl the •nllnx-t I' , I'ru.•rx. t'i,l "\iulltrlore 1lie, ensnare• it •ut t n'1n 0 '3 Id 1110 st d 0 11101;'{alx n' 1\ \...fixed In Alx,Jt11 pru;l.i: altnrre) ,' an t e"d,..t, I let rg lhetele h\ rat ,r n t• ar, at'' , it h .title ti .,t ninei , trl 11LJI: hunt g •aLh ',. s rr:lt-Igralures PT •J:, mdr --al ,1'a I he Ia.t land hInC l:l uva the I'I nipa:r. arc a n • 11,11 pnuel so meet ltd end :(ii tied h) u. ride sip-atd I , Jr.] •a.,.niilv ,ra •her! ,' \. I It .lid hmdl rg u,w1 .Fr ( I rpar\ in Ihr lulu'. Alit) re,pt,I :o ant •vird or Lndtn, kirg t.i u hit n r ,,,fatFn, LS 1\1C\} \\ If1•R} UI•. SI. Paul Guard inn Imuranre I 'ompan) h. , caasut this mslra r:i t to be -IL rd ,rd n,. err.I du „•a hra'Int.ih"I, nt rowed n 11cr' in,:Oll ii; iii \nxenmtr.\D fl. J1��RFOR�)t .•[s'1 Si. PAL 1. Gl 4RDI4\ 1\S[ R4\('F. COMP \\S CD. 'SEAL/; l x ' �sy f5 -.Ay atl!t I ('o \" I :%I \l U Jr RSI } 1 „I }' /w,,. l t..NwV,r� urt\ e S; a I riti,J •• \71('il \i 1 h Al : (I \N. I,L:etun or fliIs 29th t!at October 92 \tole nit tar: the mdn cuil uhc e\t: uIA. F. re,eJlrp ln,ln men., to me pr'sIn a h knnu n, and. Ix leg In n e Lul'. •- 1. ,.ad [ td: hr sI: 'In'' •t: , m Jry • Fwd Ird eu'LI Ivri 11.111 r I t St. Paul (ivardtan Inxurance ('ompam: iha: the seal a]ii ed to sail n,:n.me it It Ihr ( , pill it: No it it ,a I L'erl tall' 'I 1 the •.ad I :',,male Seal and :u, 'let ,.nature "ire t.uh a•Lhrd 'a ; dei nt the hoa d 11 Di: cc 111, 'if s,.id ( om:rant 1\ 1 ES'I I\IO\}'N'III-R°:7F I t 3\r t:it• hit l se .t I ani and a'fixtJ In :)1: a Sta. al the:t•un-hip Ili nednunsl:r. \e L' ,0\. :he OCa), nd \ea' ti'l a'+o:e utilltn i`. 11\D\ S\1 -.I I:LRN Silts 1'1 I -I,.. \addLse\ \J \h ('nmr is-in1 :. \: r:s D:ICr) \i IS Inbh 11:R FIF ICAI ION 1. the 1 rJei limed o:•Icei .+: SI. Paul Iuardian In,u ranee Cnmpan t. r• arrel„ reP h 1ha: , hale , nr:i:Iaret tic tr-eg.+,ry .opt ,': 'F: final I :1 A'ti net .n .1 a'Itddt it. a Id me L op ill t:le Srt t1: i of 1110 h\ I au• .'I ,,,ld ( , n'ral.x as uI tn11 it N. of Powe- of •\n: -te\ Unh :he ORIGI\AI S ON FiLF: IN THE HOVE OFFICF OF SAID COUP\\l.alit. 'cal F:,dr:a1 n: 1.1' ra➢,, tip' lhn:n:- a hi o' t:le'+hole n• the said: pma.,. and that the,. Id l'ew:r id lllnt> has nnr I\•r l lrx iht d a ld n vsu mull fen' end ,'le, I <,L4 .tae e•' . i¢o.•ar.r�� I\I!?I'\;IHp UIII .41:0!•.:'1,tr tu:.11.o'et n, rand:li• '<Js S1:AL e ` p � • w+f I dux f I N �' R1 )}"1 SFV\1(1:-H, \ssl Sce'tt:.n Lenihed cop% ni ?n'a t of Agnmr\ hean'ig :t-:: tr:9i. at: n \.II" b \ , prIIitta n red rnt .he a:+pe- n}hl comer Is Nadine ]il'l'ttd"R, Lath` I. ,'pll, all 1t' ttinldi,nuns )' l hi, I I h Lrltn: are ma id _IT ,t l •+ r Ir g l l'flu 1: 1 nnl.ni' All I\S I RI VE\7 ISSI ED IN EX('I SS OF rHl: FE \ U. FY \VOI NI S E4 Ft I) ARI P. F. IS 11)1 V,I.S \ OR) AND 81111111 1 A\l \ AUDI I\ 991' 6 Rev 5-92 P-rted in L S A I I I I I F I ri This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee �I Issued and Published Jointly By • �Ek VNE 1■ • •• Ae aa cOO N ts� I I E TI I I I I I 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 This document has been approved and endorsed by .0 The Associated General c e Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910 -8 -A -I or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved. the Standard Form of Instructions to Bidders (No. 1910-12)(1990 Edition) may be used. I FJCIX' No. 1910.8 fl9% Edition) © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1. DEFINITIONS...................................13 2.5-2.7 Before Starting Construction: 1.1 Addenda ............................. 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 1.8 Bonds ................................ 13 3. CONTRACT DOCUMENTS: INTENT. 1.9 Change Order 13 AMENDING, REUSE ............................16 1.10 Contract Documents .................. 13 3.1-3.2 Intent ................................ 16 1.11 Contract Price ........................ 13 3.3 Reference to Standards and 1.12 Contract Times ....................... 13 Specifications of Technical Societies; 1.13 CONTRACTOR ........ 13 Reporting and Resolving .............. 1.14 defective .............................13 Discrepancies 16 ................... 1.15 Drawings ............................. 13 3.4 Intent of Certain Terms or Adjectives .. 17 1.16 Effective Date of the Agreement ...... 13 3.5 Amending Contract Documents ....... 17 3 1.17 ENGINEER ......................... 13 .6 Supplementing Contract Documents ... 17 1.18 ENGINEER's Consultant ............. 13 3.7 Reuse of Documents .................. 17 1.19 Field Omer ................... . 13 4. AVAILABILITY OF LANDS; SUBSURFACE AND 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.Subsurface and Physical Conditions ... 17 Regulations 14 2 1.23 Liens.................................14 4.2.1 Reports and Drawings ................ 17 1.24 Milestone .......... 4.2.2 Limited Reliance by CONTRACTOR 1.25 Notice of Award ...................... 14 Authorized; Technical Data ......... 18 4 1.26 Notice to Proceed ., 14 .2.3 Notice of Differing Subsurface or ............. 1.27 OWNER ......... Physical Conditions ................. 18 . la .. I8 1.28 Partial Utilization 4.2.4 ENGINE Contract Review . Documents . Change .............. 14 4.2.5 Possible Contract . 18 1.29 PCBs .................................14 • . . . . . . . . . . 4.2.6 Possible Price and Times Adjustments . 18 1.30 Petroleum ............................ 14 4.3 Physical Conditions —Underground I1.31 Project ............................... 14 1.32 Radioactive Material .................. 14 Facilities ..................... 18 1.33 Resident Project Representative ....... 14 4.3.1 Shown or Indicated ...................18 1.34 Samples ....... 14 4.3 .2 Not Shown or Indicated ..............19 4.4 Reference Points ........... 1.35 Shop Drawings • . . . __ _ _ _ 14 19 •' • ' •""' . 4.5 Asbestos, PCBs, Petroleum, Hazardous136 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 ... 20 ............ 1.40 Supplier ..............................14 5.1-5.2 Perf rmance, Payment and Other Bonds. 20 1.41 Underground Facilities 14 5.3 Licensed Sureties and Insurers; ................ 1.42 Unit Price Work ........ 14 Certificates of Insurance Insurance ............20 ........ ..... 1.43 Work ................. . 15 5.4 CONTRACTOR's Liability . 20 ............... 1.44 Work Change Directive ...............Ii 5.5 OWNER's Liability Insurance ........ 21 1.45 Written Amendment .. li 5.6 Property Insurance .................. 21 ............... ' 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MASTERS............. ......Ii Property Insurance ................. 21 2.1 Delivery of Bonds .................... IS 5.8 Notice of Cancellation Provisions ..... 21 2.2 Copies of Documents .............. .. 15 5.9 CONTRACTOR's Responsibility for 2.3 Commencement of Contract Times; Deductible Amounts ........ ....... 22 Notice to Proceed ..... IS 5 10 Other Special Insurance ............... 22 ............ 2.4 Starting the Work ..................... 15 5.11 Waiver of Rights ...................... 22 Eni r" 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 Utilization —Property 8.9 Limitations on OWNER's Insurance .......................... 23 Responsibilities ..................... 30 8.10 Asbestos, PCBs, Petroleum, Hazardous 6. CONTRACTOR'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 6.6 Pro ess Schedule 9. ENGINEER'S STATUS DURING $ """""""""" � CONSTRUCTION 6.7 Substitutes and "Or -Equal" Items; 30 CONTRACTOR's Expense; 9.1 OWNER's Representative ............ 30 Substitute Construction 9.2 Visits to Site .................... 30 Methods or Procedures; 9.3 Project Representative ...... ......... 30 ENGINEER's Evaluation 23 9.4 Clarifications and Interpretations ...... 30 9.5 Authorized Variations in Work ........ 30 6.8-6.11 Concerning Subcontractors, Suppliers 9.6 Rejecting 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 ............................... 25 9.10 Determinations for Unit Prices ........ 31 6.14 Laws and Regulations ................ 25 9.11-9.12 Decisions on Disputes; ENGINEER as 6. IS6.16 U eeof Premises ............".""""".......... 6 Initial Interpreter ...................31 ......... 9.13 Limitations onENGINEER's 6.17 Site Cleanliness .......................26 Authority and Responsibilities ...... 31 6.18 Safe Structural Loading ............... 26 6.19 Record Documents ................... 26 6.20 Safety and Protection ................. 26 10. CHANGES IN THE WORK ..................... 32 10.1 OWNER Ordered Change ............ 32 6.21 Safety Representative ................. 26 10.2 Claim for Adjustment ................. 32 6.22 Hazard Communication Programs ..... 27 10.3 Work Not Required by Contract 6.23 Emergencies .......................... 27 6.24 Shop Drawings and Samples ..........27 Documents ......................... • 32 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 Contract Documents ................ 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 CONTRACTOR's General ' Warranty and Guarantee ............ 28 12. CHANGE OF CONTRACT TIMES .............. 35 6.31-6.33 Indemnification ....................... 28 12.1 Claim for Adjustment ................. 35 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 8.1 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 Due................................29 13.1 Notice of Defects ..................... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36 Tests ............................... 29 13.3 Tests and Inspections; Contractor's 8.5 Insurance ............................. 29 Cooperation ........................ 36 2 I Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40 Independent Testing Laboratory .... 36 14,13-14.14 Final Payment and Acceptance ..... 4 .. 40 13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims .....................40 13.6-13.7 CoveringWork Prior to Inspection, 15. SUSPENSION OF WORK AND Testing or Approval .......... 4 4 4 4.. 36 TERMINATION ............................... .... 40 13.8-13.9 Uncovering Work at ENGINEER'S Request ......4 ................444.. 36 15.1 OWNER May Suspend Work .........40 13.10 OWNER May Stop the Work ......... 36 15.2-15.4 OWNER May Terminate .............. 40 13.11 Correction or Removal of Defective 15.5 CONTRACTOR May Stop Work or CorWork ..................4......4...44 37 Terminate .............44........4.4 41 13.12Correction Period ..................... 13.13 Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION .. 4 4... 4 ........ 4 ...... 41 13.14 OWNER May Correct Defective Work .........4 ..................... 37 17. MISCELLANEOUS .............................42 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ 42 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim ............4444....... 42 COMPLETION .............. . .................. 37 17.4 Cumulative Remedies ................. 42 14.1 Schedule of Values ......4.........4... 37 17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment ..... 38 Included ........................... 42 14.3 CONTRA(TOR's Warranty of Title ... 38 14.4.14.7 Review of Applications for EXHIBIT GC -A (Optional): Progress Payments ................. 38 Dispute Resolution Agreement (Optional) ..... GC -AI 14.8-14.9 Substantial Completion ............... 39 16.1-16.6 Arbitration . .................. GC -Al 14.10 Partial Utilization ..................... 39 16.7 Mediation ................... . GC -A2 14.11 Finallnspection ...................... 39 I I I 1 1 I I I I I I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of — Bonds and Insurance ................................ 5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment.................................9.12, 14.15 insurance...........................................5.14 other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" Items ........ . 6.7.1 Work by OWNER ........................ .. 2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities.....................................4.1 site, related work ............................ 7.2 Work, .................................. .. 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13.3 OWNER....................................... 6.20, 8.9 Addenda —definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times .......:. 1.513.59 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 progress schedule....................................6.6 Agreement — definition of..........................................1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash.....................................11.8 Amending Contract Documents ......................... 3.5 Amendment, Written — in general ... 1.10, 1.45, 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 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of..........................................1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of .. .............................. 14.4-14.7 Arbitration (Optional) .............................16.1-16.6 Asbestos — claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of..........................................1.4 OWNER responsibility for ............. .. 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of —defined ...... .. 1.25 Before Starting Construction ..... ................ . 2.5-2.8 Bid —definition of......................................1.5 (1.1. 1.10. 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) I Article or Paragraph Number Bidding Documents —definition of ................ 1.6 (6.8.2) 1 Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of ....................................... 5.14 additional bonds ........................... 10.5, 11.4.5.9 Cost of the Work .................................. 11.5.4 definition of...........................................1.8 delivery of ...................................... 2.1, 5.1 final application for payment .................14.12-14.14 general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other ............. .. 5.1-5.2 Bonds and Insurance —in general ......................... 5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances ................................. .. 11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, I ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances ................................ .. 11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work general ...................................... 11.4-11.7 Exclusions to ....................................... II.5 Cost Records .......... .. 11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing................................11.3.2 Notification of Surety ............................... 10.5 Scope of.......................................10.3-10.4 Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work....................................11.9 Value of Work .. ............................ 11.3 Change in Contract Times — Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol............................................... 12.4 Notification of surety ............................... 10.5 Scope of change ...............................10.3-10.4 Change Orders— 1 Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances ..... .. 11.8 Change of Contract Price ...................... I 1 Change of Contract Times ............................12 Changes in the Work..................................10 CONTRACTOR's fee ...............................I I I.6 Cost of the Work ...............................11.4-11.7 I I I I I I Ll I I I U fl I L.. I I I Article or Paragraph Number Cost Records ....................................... 11.7 definition of .......................................... 1.9 emergencies ........................................ 6 3 ENGINEER's responsibility ......... 9.8, 10.4, 11.2, l...l execution of ........................................ 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and ............. .. 5.10, 5.13, 10 5 OWNER may terminate ........................15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions - Subsurface and ................. ... Underground Facilities ........................... ..4.2 4.3.2 Record Documents ................................. 6.19 Scope of Change ............................... 10.3-10.4 Substitutes ................................... 6.7.3. 6.8.2 Unit Price Work....................................1l.9 value of Work. covered by .......................... I I.3 Changes in the Work....................................10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .............................. 10.2 Scope of change ............................... 10.3-10.4 Claims - against CONTRACTOR .............................6.16 against ENGINEER................................6.32 against OWNER....................................6.32 Change of Contract Price ....................... 9.4, 11.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR's 4. 7.1, 9.4, 9.5. 9.1 1, 10.2, 11.2, 11.9, 12.1.14.8,15.1,15.5,173 CONTRACTOR's Fee ........................ ..... 11.6 CONTRACTOR's liability ............ 5.4, 6. 12. 6.16. 6.31 Cost of the Work .............................. 11.4. 11.5 Decisions on Disputes ......................... 9.11.9.12 Dispute Resolution .................................. 16.1 Dispute Resolution Agreement ..................16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing................................11.3.2 Notice of...........................................17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2. 11.2. 11.9, 12.1, 13.9. 13.13, 13.14, 17.3 OWNER's liability...................................5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .. ....... 17.5 request for formal decision on ......... ............. 9.1 I Substitute items .................................. 6.7.1.2 Time Extension ............... ^ Time requirements ............. .............. 9.11, 12.1 Unit Price Work ............................. ....11.9 3 Value of ........................................ .. 11 3 Waiver of --on Final Payment ............... 14 14, 14 15 Work Change Directive ............................. 10 2 written notice required ........ .......... 9.1 1, 11.2, 12.1 Clarifications and Interpretations ............ 3 6 3. 9.4, 9 II Clean Site ........................................... 6.17 Codes of Technical Society. Organization or Association ................................ ..... 3.3.3 Commencement. of Contract 'limes ..................... 2.3 Communications - Article or Paragraph Number general....................................6.2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Compietion- Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization ............................. .. 14.10 Substantial Completion ................... 1.38. 14.8-14.9 Waiver of Claims .................................. 14.15 Computation of Times ........................17.2.1-17.2.2 Concerning Subcontractors. Suppliers and Others ............................6.8-6.11 Conferences — initially acceptable schedules ......................... 2.9 preconstruction......................................2.8 Conflict, Error, Ambiguity. Discrepancy — CONTRACTOR to Report ..................... 2.5. 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc................6.4 Continuing the Work ............................. 6.29. 10.4 Contract Documents— Amending...........................................3.5 Bonds................................................5.1 Cash Allowances...................................11.8 Change of Contract Price ............................. 11 Change of Contract Times ................... .. 12 Changes in the Work ...........................10.4-10.5 check and verify.....................................2.5 Clanficatons and Interpretations .. .. . 3'2, 3.6, 9.4, 9.11 definition of .......... . . ........ 1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............. 9.1 general................................................3 Insurance............................................5.3 Intent.................................. ......... 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3, 14.4, 14.13 precedent.t....................................3.1. 3.3.3 Record Documents ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work........................................1 Reporting and Resolving Discrepancies ...........2.5. 3.3 Reuseof ............................ ................ 3.7 Supplementing ...................................... 3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work .... ................... ........... 11.9 variations ................................. 3.6. 6.23.6 27 Visits to Site, ENGINEER's .........................9.2 Contract Price — adjustment of ................ 3.5. 4.1 9.4, 10.3, 11.2-11.3 , Changeof ................ ........................... 11 Decision on Disputes ... .... .... ................. 9.11 definition of .. Contract Times — adjustment of ...................... 3.5. 4.1, 9.4, 10.3. 12 Change of ......... ......... .... .... ........ 12.1-12.4 L.1 I Article or Paragraph Number Commencement of...................................2.3 definitionof ........................................ 1.12 CONTRACTDR— 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, 7.2, 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 correct 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, 11.6 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......................6............ 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 Responsibilities — Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29 10.4 CONTRACTOR's expense .......................67.1 CONTRACTOR's General Warranty and Guaran- tee...............................................6.30 CONTRACTOR'sreviewpriortoShopDrawingor Sam- ple submittal.....................................6.25 Coordination of Work .............................. 6.9.2 Emergencies..................................... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ................ 6......... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13 H 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 iEquipment ................ 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..................................0666..... 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 .........6.........66..........6........ 6.1 Survival of Obligations ............................ 6.34 Taxes............................................6.15 Tests and Inspections ............................. 13.5 To Report .........................................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, 1 1.2, 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.I,6.7.2 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 .......................6666... .. 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title ................................... 14.3 Written Notice Required— CONTRACTOR stop Work or terminate ........... 15.5 i Reports of Differing Subsurface and Physical Condi- tions66..........44.....646 .................4..... 4.2.3 Substantial Completion ........... 6 ............... 14.8 CONTRACTORS—other.................................7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination I I I I I I I J I 1 LI I I Artir le or Paragraph Number CONTRACTOR's responsibKity .................... 6.9.2 Copies of Documents ........ .................. ... .. 2.2 Correction Period....................................13.12 Correction, Removal or Acceptance of Defective Work in general .............................10.4.!. 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 ............................................ Iii 1.', Cost of the Work — Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts...................................11.4.2 CONTRAC'TOR'S Fee ....6 ................66...6... 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 Materials and equipment ..6........4.......11..... 11.4.2 Minor expenses .........6 ..................666.. 11.4.5.8 Payroll costs on changes .......................... 11.4.1 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 ............... 11.4.5.2 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 regular hours .......................... 11.4.1 Covering Work ................. ................. 13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching ............................72 Data, to be furnished by OWNER ...................... 8.3 Day —definition of ............................... ... I7 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 Penod ................. ... .... ....... 13.12 in general . .................. .... .... .. 13, 14.7, 14.11 Observation by ENGINEER ... .... .... ........... 92 OWNER May Stop Work .......................... 13.11) Prompt Notice of Defects ......... ........ ....... 13.1 Rejecting............................................9.6 Uncovering the 1L'ork .... .... .... ........ ....... 13.8 Defin:lions .............................................I ... I Delays ................................. 4.1. 6'9, 12.3-12.4 Delivery of Bonds . .... .... .............6 ... ... ... 2.1 Delivery of certificate% of insurance ............. 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Noticeof.........................................1 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 Resolulion— 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............................................2.2 Record.......................... .................. 6.19 Reuseof.............................................3.7 Drawings —definition of ................. .......... .. 1.15 Easements ...................... ...................... 4.1 Effective date of Agreement-- delnition 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's Consultant —definition of . .... ......... 1.18 ENGINEER's— authority and responsibility, limitations on ........... 9.13 Au:hor.zed Vanations 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 C ON'IRACTOR, Responsibility for .............................. 9.9. 14 Recommendation of Payment ................. 14.4, 14.13 Responsibilities — Limitations on ............................... 9.i1-9.13 Review of Reports on Differing Subsurface and Physical Conditions ... .... .... ............ 4 2.4 Shop Drawings and Samples. review respomihihty ........................ ............ 6 26 Slalus During Construction — authorized variations ii the Work .......... .... 95 CIan-ications and Interpretations ................... 9.4 Decisions on Disputes . ... .... ............. 9.11-9 12 Determinations on Una Price ........ ..... ..... 9 Ia ENGINEER as Initial Interpreter .............9.11-9.12 ENGINEER'S Responsibilities ................9.1-9.12 1 7 I Article or Paragraph Number Article or Paragraph Number C1 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 .......................... 9.6 Notice requirements, material Shop Drawings, Change Orders and changes..................................5.8, 10.50 Payments....................................9.7-9.9 Option to Replace..................................5.14 Visits to Site.....................9.2 other special insurances ............................. 5.10 Unit Price Determinations ........................... 9.10 OWNER as fiduciary for insureds ..............5.12-5.13 Visits to Site.........................................9.2 OWNER's Liability..................................5.5 Written consent required ......................... 7.2, 9.1 OWNER's Responsibility ............................ 8.5 Equipment, Labor, Materials and ...................6.3-6.5 Partial Utilization, Property Insurance .. .. 5.15 ........... Equipment rental, Cost of the Work ................ 11.4.5.3 Property........................................5.6-5.10 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 ................... 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, Materials and Equipment ....................6.3-6.5 issued by ENGINEER ......................... 3.6.1, 9.5 Lands — Final 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 1 and Acceptance ..............................14.13-14.14 Laws and Regulations —Laws or Regulations — Prior to, for cash allowances 11.8 Bonds...........................................5.1-5.2 General Provisions ............................. .. 17.3-17.4 Changes in the Work................................10.4 Contract Documents ........................ General Requirements— ......... 3.1 defintion of.........................................1.20 CONTRACTOR's Responsibilities ................... 6.14 principal references to ....... P. 6.... 2.6, 6.4, 6.66.7, 6.24 Correction Period, defective Work .................. 13.12 Giving Notice.........................................17.1 Cost of the Work, taxes .........................11.4.5.4 1 Guarantee of Work —by definition of ........................................ 1.22 CONTRACTOR ........... general.............................................6.14 ..............................6.30, 14.12 Indemnification .. 6.31-6.33 Hazard Communication Programs 6.22 """"""""'""""• Insurance ................:..................... 5.3 ' Hazardous Waste— 3 • • • definition of Precedence....................................3.1, 3.3.3 ........................................ 1.21 Reference to 3.3.1 general..............................................4.5 Safety and Protection ..........................6.20, 13.2 OWNER's responsibility for ........................ 8.10 Subcontractors, Suppliers and Others 6.8-6.11 1 ............ Indemnification ........................ 6.12, 6.16, 6.31-6.33 Tests and Inspections 13.5 ............................... Initially Acceptable Schedules .......................... 2.9 Use of Premises 6.16 Inspection— Visits to Site.........................................9.2 Certificates of ...................... 9.13.4, 13.5, 14.12 Liability Insurance— Final...............................................14.11 CONTRACTOR's.................................... 5.4 Special, required by ENGINEER 9.6 OWNER's...........................................5.5 Tests and Approval ........................8.7. 13.3-13.4 Licensed Sureties and Insurers . 5.3 ........................ Insurance— Liens — Acceptance of, by OWNER ......................... 5.14 Application for Progress Payment ................... 14.2 Additional, required by changes Contractor's Warranty of Title ....................... 14.3 in the Work.................................11.4.5.9 Final Application for Payment ...................... 14.12 Before starting the Work ............................. 2.7 definition of........................................l'3 Bonds and —in general .................................$ 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 completed operations .............................. 5.4.13 Maintenance and Operating Manuals— CONTRACTOR's Liability ........................... 5.4 Final Application for Payment ...................... 14.12 CONTRACTOR's objection to coverage ............. 5.14 Manuals (of others) — Contractual Liability .................5.4.10 Precedence.......................................3.3.3.1 I I I Reference to in Contract Documents .......... ..... 3.3.1 Inspections, tests and approvals ......... ....... 8.7, 13.4 Materials and equipment— Liability Insurance ................................ .. 5.5 furnished by CONTRACTOR ................. ...... 6.3 Notice of Defects ......................... ..........13.1 13.1 not incorporated in Work ............................ 142 Representative —During Construction, Materials or equipment —equivalent ..................... 6.7 ENGINEER's Status ............................ 9.1 ' Mediation (Optional) ............ ..................... 16.7 Responsibilities— Milestones—clefinition of ...................... ... ... 1.24 Asbestos, PCB's, Petroleum. Hazardous Miscellaneous— Waste on Radioactive Material ..................8.10 Computation of Times .............................. 17.2 Change Orders .................... ............... 8.6 Cumulative Remedies ............................... 17.4 Changes in the Work ..............................10.! Giving Notice ......................... ............. 17.1 communications...................................8.1 Notice of Claim.....................................17.3 CONTRACTOR's responsibilities ........... ...... 8.9 Professional Fees and Court Costs Included .......... 17.5 evidence of financial arrangements ................ 8.11 Multiprimecontracts....................................7 inspections, tests and approvals .................... 8.7 Not Shown or Indicated .............................. 4.3.2 Insurance ................... ..................... 8.5 Notice of— lands and easements ............................... 8.4 Acceptability of Project ............................ 14.13 prompt payment by ....................... .... ... 8.3 Award, definition of.................................1.25 replacement of ENGINEER ....................... 8.2 Claim .................... ......................... 17.3 reports and tests .............................. .... 8.4 Defects, ............................................ 13.1 stop or suspend Work ................. 8.8. 13.10, 15.] Differing Subsurface or Physical Conditions ..........4.2.3 terminate CONTRACTOR's services .......... 8.8, 15.2 Giving..............................................17.1 separate representative at site ........................ 9.3 Tests and Inspections ............................... 13.3 independent testing ................................13.4 Variation, Shop Drawing and Sample ................ 6.27 use or occupancy of the Notice to Proceed— Work ........................ ... ....... 5.15, 14.10 definition of .............................. ......... 1.26 written consent or approval giving of .................... ...................... . 2.3 required ............................... 9.1, 6.3, 11.4 Notification to Surety.................................10.5 written notice Observations. by ENGINEER .................... 6.30. 9.2 required ..........7.1. 9.4, 9.11, 11.2. 11.9. 14.7, 15.4 Occupancy of the Work ............. . 5.15. 6.30.2.4, 14.10 PCBs — Omissions or acts by CONTRACTOR ...... ...... 6.9, 9.13 definition of .........................................1.29 .................................... ''Open peril" policy form, Insurance ...................5.6.2 general..............................................4.5 Option to Replace .....................................5.14 OWNER's responsibility for ................... .... 8.10 "Or Equal" Items ...... ............................... 6.7 Partial Ulilization- 1 Other work ............................................. 7 definition of........................................1.28 Overtime Work —prohibition of .. ...................... 6 3 general...................................6.30.2.4. 14.10 OWNER— Property Insurance .......... 5 15 ....................... Acceptance of defective Work ................. ... 13.13 Patent Fees and Royalties ............................. 6.12 appoint an ENGINEER ..............................8.2 Payment Bonds ............ ........................ 5.1-5 2 as fiduciary ....... .. ......... 5.12-5.13 Payments, Recommendation of .. .. 14.4-14.7. 14.13 Availability of Lands, responsihiiity .... .............. 4.1 Payments to CONTRACTOR and Completion — definition of .......... .. 1.27 Application for Progress Pay rnen:s ..... .. 14.2 ......... .................. ........... data, furnish.........................................83 CONTRACTOR'S Warranty of Title .... ............ 14 3 May Correct Defective Work ....................... 13.14 Final Application for Payment ......... ............ 14.12 May refuse to make payment ................. ... .. 14.7 Final Inspection ... ............................... 14.11 May Stop the Work ...... ............. .... ......13.10 Final. Payment and Acceptance .. ........ ...14.13-14.14 may suspend work, general ...... ........................... ........8.3. 14 terminate ............... ....... 8.8, 13.10. 19.1-15.4 Partial Ltil:zation ...... ............. ......... ... 14.10 Payment, make prompt .. ............. .. 8.3. 14.4. 14.13 Retainage .......... ......... ........ .... ........ 14.2 performance of other Work ... .... ...............7.1 Re 'en of .Apnl;cations for Progress permits and licenses, requirements .... .... .. .... 6.13 Payments .......... .... .... 14.4-14.? purchased insurance requirements ........... ... 5.6-5 10 prompt payment ............. .............. .... ... 8.3 OWNER's— Schedule of Vaiues .......... .... ........ ......... 14.1 Acceptance of :he Work ...... .................. 6 ;0 2.5 SuMlantial Comp!etion ...... ... ............. 14.8-14.9 Charge Orders. obligation to Waver of Claims ....................... .......... 14.15 execute . .... .... .... .............. ... 8.6. 10.4 when paymentsdue ...... .... .............. 144. 14.13 Communications ........ .Is.I withholding payment....... 14.7 Coordination of the Work .. ........................ ?.4 Performance Bonds .................................5.1-5.2 .......... ................ 5.1.5.2 Disputes. requesttor decision ............ ........ . 9.11 Permits ............ ......... ....................... 6.13 Article or Para graph Number Article or Parax•raph Number 1 9 I Article or Paragraph Number Petroleum — definition of ........... 1.30 general..............................................4.5 .. OWNER's responsibility for ........................ 8.10 Physical Conditions — Drawings of, in or relating to ............... ... 4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures..................................4.2.2 general...........................................4.2.1.2 Subsurface aid,...................................... 4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or .................. 4.2.3 . Subsurface and......................................4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................4.2.2 Underground Facilities— general..........................................4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3, 6.20 Shown or Indicated ............................ 4.3.1 Technical Data.....................................4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ......................................2 Preliminary Schedules..................................2.6 Premises, Use of.................................6.16-6.18 Price, Change of Contract ...............................ii Price, Contract -definition of .......................... 1.11 Progress Payment, Applications for .................... 14.2 Progress payment—retainage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project —definition of..................................1.31 Project Representative— ENGINEER's Status During Construction ............ 9.3 Project Representative. Resident —definition of ...................................... 1.33 prompt payment by OWNER ...........................8.3 Property Insurance Additional ........................................... 5.7 general...........................................5.6-5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds..................................5.12-5.13 Protection, Safety and ....................... 6.20-6.21, 13.2 Punch list ............................................ 14.11 Radioactive Material— definition........................................... 1.32 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............. ....... .. 6.19. 14.12 Records, procedures for maintaining .................... 2.8 Reference Points.......................................4.4 Reference to Standards and Specifications of Technical Societies................................3.3 Article or Paragraph 1 Number Regulations, Laws and (or) ........................ ... 6.14 Rejecting Defective Work ............................... 9.6 Related Work — atSite ........................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............................ 17.4, 17.5 Removal or Correction of Defective Work ....................................13.11 rental agreements, OWNER approval required......................................11.4.5.3 replacement of ENGINEER, by OWNER ... .. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports — and Drawings......................................4.2.1 and Tests, OWNER's responsibility .................. 8.4 Resident Project Representative — definition of ........................................ 1.33 provision for ......................................... 9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities— CONTRACTOR's-in eneral 6 ENGINEER's-in general ............................... 9 Limitations on....................................9.13 OWNER's-in general..................................8 Retainage.............................................14.2 Reuse of Documents ...................................3.7 .................... Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments......................................14.'$-14.7 Right to an adjustment................................10.2 Rights of Way..........................................4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 6.18 1 Safety — and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general........................................6.20-6.23 Representative, CONTRACTOR's ................... 6.21 1 Samples — definition of........................................1.34 general ........................................6.2'4-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work ........................................ 6.28 submittal of.......................................6.24.2 submittal procedures ........................... .. 6.25 Schedule of progress .....2.6. 2.8-2.9, 6.6, 6.29, 10.4, 15 2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules — Adherence to ...................... .. I5.2.I ............. Adjusting............................................6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ...............................2.8-2.9 Preliminary ...............6.......6.......0.......... 2.6 Scope of Changes ..............................10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 10 I FT 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 ....................... .. 2.8, 6.24-6.28 submittal required.................................6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ..... . . .. . ........ 6.7.3 Shown or Indicated ............. . . . . . . ... 4.3.1 Site Access.......................................7.2. 13.2 Site Cleanliness.......................................6.17 • Site, Visits to — by ENGINEER ................................ 9.2. 13.2 byothers ...........................................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 ' ........................................1 definition of .4..1 1.33 delays .. .. 12.3 waiver of tights.....................................6.11 Subcontractors —in general ....... ... 6 8-6.11 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 Draamgs and Samples Submissions . .... ............. 2 6. 2_.h-2.9 Shop Drawings .... ......... .............. ^ . h 24-6_28 Substantial Completion — certification o . ......... ... .... .... 6.30._.3. 14.8 14 9 definition of ........... .... ....................... I.rh Substitute Construction %lelhods or Procedures .. ... 6.71 Substitutes and "Or Equal" Items ... .................. 6.7 CONTRACTOR's Expense ........ ............. 6.7.1.? ENGINEER" Evalamion .........'........'.. .. h.7.3 ')r -Equal" Substitute Construction Methods of Procedures ... . 6.7.2 Article or Pani eraph Niimber Arrrc Jr or Paragraph Number Substitute Items ........ ......................... 6.1.1.2 Subsurface and Physical Conditions — Drawings of, in or relating to .... ................ 4.2.1.2 ENG]NEER's Review 4.2.4 ................. general................... .......................... .... .... . 4.2 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......................................4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data.....................................4.2.2 Supervision— CONfRACTOR'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 — definitionof........................................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 Suppl:er— definition of........................................1.40 principalrefe:ences to ......... ........ 3.7. 6.5, 6.8-6.11. 6.'_0. 614, 9.13. I Waiver of R.ghts .................. . 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. .... ......... ... 15 CONTRACTOR May Stop Woik or Terminate .............. ......................... I5.5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate .......................15.2-L5.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data — Limited Reliance by CONTRACTOR ...............4.2.2 Possihle P: ice and Times Adjustments .............. 4.2.6 Reports of Ditmring Suosurfacc and Physica! Conditions .... ......... ............... 4.2.3 Temporary construction facilities .... ..... ..... ....... 4.1 Termi nat:oa— by CON I RAC'fOR .................. ..... ........ 15.5 by OWNER . ........................ .... 8.8. 15.1-i5A of 1.N ;INLER's employment .......... ..... ... ...8.2 Suspension of Work-in geneiul .... ..... ..... ... ... 15 'ferms ;,nd Adjectives .... ......... ........... ....... 3.4 Tests and Impecttons I Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities .................... 13.5 cost of..............................................13.4 covering Work prior to .........................13.6-13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defects ................................... 13.I OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER ......6...6........66 9.6 timely notice required .....6.66 ....................6. 13.4 Uncovering the Work, at ENGINEER's request....................................13.8-13.9 Times— Adjusting............................................6.6 Change of Contract ................................... 12 Adjusting..................................66....66.. 6.6 Computation of ...........6....66........6.......... 17.2 Contract Times —definition of ...................... 6 1.12 day ................................................17.72 Milestones...........................................12 Requirements— appeals..........................................16 clarifications, claims and disputes ............................. 9.11; 11.2, 12 commencement of contract times .............6.....2.3 preconstruction conference ......................... 2.8 schedules .....6...6......66 ............... 2.6, 2.9, 6.6 starting the Work ...............6...6......6....6.. 2.4 Title, Warranty of .......66...........66 ............... 14.3 Uncovering Work ..6......4..........64.......... 13.8-13.9 Underground Facilities, Physical Conditions — definition of ........................................ 1.41 Not Shown or Indicated ............................ 4.3.2 protection of.................6................. 4.3, 6.20 Shown or Indicated................................4.3.1 Unit Price Work— claims............................................11.9.3 definition of........................................1.42 general ..................66..6...6....... 11.9, 14.1, 14.5 Unit Prices— general...........................................11.3.! Determination for ........6..6......6...6............ 9.10 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ...........:.. 6....... 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, 14.1 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 byothers .............................................. 7 Changes in the.......................................10 Continuing the . ..................................... 6.29 CONTRACTOR May Stop Work - or Terminate ..........6.6.......6.........6.... 15.5 Coordination of......................................7.4 Cost of the ..................................... 11.4-11.5 definition of........................................1.43 neglected by CONTRACTOR ...................... 13.14 other Work............................................7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10, I5.I 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...........................................36 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 principal 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, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 I I I I I 12 I I [] [1 El I I I I I I I I I I GENERAL CONDITIONS ARTICLE 1 —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terns 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 lobe 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. 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 form the prices for the Work to be performed. 1.6. Biddmq 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). 1.7. Bidding Requirements -The advertisement or ;nvi:a- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order— A document recommended by ENGI- NEER, which is signed by CONPRACTOR and OWNER and authorizes an addition, deletion or revision in Lie Work, or an adjustment in the Contract Price or the Contract Times. issued on or after the Effective Date of the Agreement 110. Contract Documents —The Agreement. Addenda (which pertain to the ('ontract Documents), CONTRACTOR's Bid (including documenta:'on accompanying the Bid and any post Bid documentation submitted pror :o :he Notice of Award) when attached as an exhibit :a the Agreement. the Notice to Proceed, the llor.ds. these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specdically iucntlied in the Acree- ment. together with all Written Amendments, Change Orders, Work Change Directives. Field Orders and ENGINEER's written interpretations and c:anfications :slued 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 422.2 are not Contract Documents. 1.11. 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: (i) 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. fau:ty 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- NEF.R'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 dmwirgs 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. fffectn e Date of the Agreement —The date indicated in the Agreement on which it becomes efectmve. 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. ENG6VEER—The person. firm or corporation named as such in the Agreement. 1.18. E.\YJ \'EER s Consultant —A person. firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent proless:onal associate or con- sr.ltar.t with :expect to the Project and w ho is identified as such in the Supplementary Conditions. 1.19. FaddOrder—Awr.11enorder i'sued hy ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a charge in the Contract Price or the Contract Times. 1 13 I 1.20. Genera! Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 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. 1.25. 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 toProceed—A written 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. 1.27. 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 (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 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. 1.31. 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 part 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 (or 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, materialman 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. I I I I I Iii ID I I I I I El r L' t 1 1 I 1.43. WorA—The entire completed construction or the var- ious separately identifiabie parts 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. WorA Change Directive —A written 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 Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. (Add)•_ion; SC -1) ARTICLE 2 —PRELIMINARY MATTERS IDelivery of Bonds: I LJ I I I I 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may he required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specilied in the Supp:ementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Adeitional copies viii he furnished, upon request. at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Times: Notice to Proceed: 2.3. The Contract Tines will commence to run on Ike 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 lime within thirty days after the Effective Date of the Agreement. In no event wil. 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 Agreement, whichever date :s 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 Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown 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 various 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 :equired submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminay schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.�. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identi5ed in the Supplementary ('ondi- tions, certificates of insurance rand other evidence of insurance which either of them or any adeitional insured may reasonably request) which CONTRACTOR and OWNER respectisely are required to purchase and maintain in accordance with para- graphs 5.4. 56 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Cortract'Times start to run. but before any Work at the site is started, a conference 1 IS Li 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. Initially 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 are 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 CONTRACTOR'sfull 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 Specifications of Technical Societies; Reporting and Resolving Discrepancies: 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 (or, 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 shall 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: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether 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 shalt be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, 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 ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or I I I I I I I11 I I J I �j L ,J I 11 $ p r I El I I performance of the Work or any duty or authority to urder- 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 orjudgment 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 (unless 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), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 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 fumishi'te any of the Work under a direct or ;ndirect contract with (lWNE'R U) shall not have or acqu;re any title to or ownership rights in any 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 di) 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 adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availnbility 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 he performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such !ands in accordance with applicah!e 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 toe t ontract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entit.'ement to or the amount orextent nt of any adjustments in the Contract Price or the Contract Times as a resuil of any delay in OWNER's furnishing these lands, rights -of -way or easements. CONTRACTOR may make a claim therefor as provided in Articles 11 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: 4.2.1. Reports and Drawiner: Reference is made to the Supp!ementa;y Conditions for identification of: 4.2.1.1. Sttbsurfnc e ('additions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER :n preparing the Contract Documents: and (Addition SC -4.2.1.1) 4.2.1 Phssicul Condtnons. ]'hose drawings of physical condiions 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. 1 17 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 CONTRACTOR 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- tions: 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 ordinarily 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 (except 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 (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. 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: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not bean 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. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on I I II I I I I 1 I E I I 1 I I II I 11 I I I $ I 1 information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Un:ess it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall rot 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 furl respon- sibility for. (i) reviewing and checking ail 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 durng construction. and (iv) the safety and protection of all such Uneerground 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 pe:- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written 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 he issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall he respon- sible for the safety and protec::on of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall he 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 II and 12. However. OWNER, ENGINEER and E'G(NEER's Consul:ants shall not be ltab!e to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated proicct. a Reference Points: Li 4.4. OWNER shall p-ov,de engineering surveys to esf:.b- lish reference points for constructior which in I:NGINEER's judgment are necessary to erah e ('O`'I RACTY)R to proceed with the Work. CONTRACTOR sha.l he •esponNible for av ng out the Work, shall protect and preserve the cstanhshed reference points and sha:l make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall repot to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary charges in grades or locations, and shall he respon- sible for the accurate replacement or relocation of such refer- ence points by professionaliy qualified pe•sonnel 4,5. Asbestos. PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shat: be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materal 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 Woik 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 anyore else for whom CONTRACTOR is resp onsihle. 4.5.2. CONTRACTOR shall immediately: (i) 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). aid :ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with FNGIN 17ER 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 he requ.red 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 peen rendered safe for the resumrtion of Work. or(i0 specifying any special condi::or.s under which such Work may be resumed safely. 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 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 II and 12. 4.5.3. If after receipt of such special written notice CON TRACTOR does not agree to resume such Wink based on a reasonable be!ief it is unsale. or does net agree to resume such Work under such special conditions, then OWNER may order such pomon of the Work that is in connection with such hazardous condition or in such af- fected area to he deleted from the Work. If OWNER and CONTRACTOR canrot agree as to ertitlement to or the amswnt or extent of: n adjustment. if; n'., in Contract Price or Contract Times as a result of de'eting such porton n1 the Work, !hen either party may mac it claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWN ER's own forces or others in accordance with Artic.e 7 45 4 To the tulles( extent permitted by laws and Reg- ulations, OWNER shall indemnify and hold ha-mless ('ON- TRACIT)R. Subconlrac!on, INGINFER. ENGINI;ER's I 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. (Replacement; SC -5.10 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. All 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 them, 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, arising 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. (Replacements Receipt and Application of Insurance Proceeds SC —S. 12 5.13 & x.147" . 2. Any insured loss under the policies of insura e requi by paragraphs 5.6 and 5.7 will be adjusted ith OWNS and made payable to OWNER as fiduciary or the insureds, a their interests may appear, subject tot require- ments of any plicable mortgage clause and of pa graph 5.13. OWNER shall eposit in a separate account ny money so received, and sha distribute it in accordanc ith such agree- ment as the parties interest may reach f no other special agreement is reached e damaged Wo shall be repaired or replaced, the moneys so eceived a ied on account thereof and the Work and the cost ereo overed by an appropriate Change Order or Written Am ant. 5.13. OWNER as fiduci s 11 have power to adjust and settle any loss with the i avers u ass one of the parties in interest shall object iiy4riting with\make n days after the occurrence of loss to WNER's exerhis power. If such objection be madeyOWNER as fiduciI make settlement with the insure in accordance wit&eement as the parties in int st may reach. If no suem nt among the partiesini Brest is reached, OWNEcia hall adjust and sett the loss with the insurers aquired writing by an party in interest, OWNER asry shall gi bond for a proper performance of such d Acceptance of Bonds and Insurance; Option to Replace: 5• 4. If either party (OWNER or CONTRACTOR) has — objecti to the coverage afforded by or other provision the Bonds or ' surance required to be purchased and intained by the other rty in accordance with Article 5 o the basis of non-conforman with the Contract Docume , the objecting party shall so noti he other party in w g within ten days after receipt of the ce ficates (or of evidence requested) required by paragraph 2.. WNE nd CONTRACTOR shall each provide to the other suc itional information in respect of insurance provided as th th may reasonably request. If either party does not pur ase or in Lain all of the Bonds and ' insurance required o uch party by th Contract Documents, such party shall n fy the other party inn ing of such failure to purchase p r to the start of the Work, or such failure to maintain p'or to any change in the required cove e. Without prejudie to any other right or remedy, the other rty may elec o obtain equivalent Bonds or insurance to prote such pflher party's interests at the expense of the party who as 22 '1 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 —BONUS AND INSLRANCE Performance, Payment 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 unti: 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 he in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall he executed by such sareties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsunng Companies" as published in Circular 570 (amended) by the Audit Staff. Bureau of Government Financial Opera- tions, U.S. Treasury Department All Bonds signed by an agent must he accompanied by a certified copy of such agent's authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is lerminatea in any state where any part of :he Project is located or it ceases to meet the rcquuenient% of paragraph 5.1. CONTRACTOR shall withir ten dais thereafter substitute another Bond and surety. hole of which mast be acceptable to OWNER. 5.3. Licensed .Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance reuu:red by the Coritr.cl Documents to he purchases and mamta'ned 'y ON NER er CONTRACTOR shat. he obtained from surety Cr nsu-ance companies that are duly licensed or au:honzed in the junc- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so requited. Such surety and insurance companies shall also meet such additional requirements and qualifications as maybe pro- vided in the Supplementary Conditions. 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 additionai insured) which CONTRACTOR is required to purchassee/ and maintain in aarcccorrdanceivwIth paragraph 5.4. Y y'Y' 7" r P•7"Y YY"?tY� �9t YY�Y� f'7Ta, 1�P,�Ntil�t/c.61^�9rs%t� epSl/�"�'N9tt�/"MA xemss)'NN'V dt)r' u4&Y 9i9tiy F ��/A�'-y�T i$i M''P91' A�SfStv4MX '7alnYalhA?' c/9t9e,W P Y4MhM/W ''be,€N CONTRACTOR's Liability Insurance: (Addition SC -5.4) 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 anse 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 furnis:red 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- cupationa; sickness or disease, or deam 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. chums for damages insured by customary personal injury Irabaity coverage which are sustained: Cl) by any person as a result of an offense directly or indirectly related to the emp'oyment of such person by CONTRACIOR. or (ii) by any tither person for any other reason: 5.4.5. claims for damages, uthei than to the WoiK itself, because of injury to or desructioi of tang hie property wherever fixated. including loss of use resulting therefrom: and 5.4.6. claims for damages aecause of bodily injary or deam of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle 20 I The policies of insurance so required by this paragraph 5.4 to ace upon the Work at the site in the amount of the f I be purchased and maintained shall: re lacemenl cost thereof (subject to such deductible amou is as ay be provided in the Supplementary Condition or 5.4.7. with respect to insurance required by paragraphs requ red by Laws and Regulations). This insurance shall - 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of prefes- i_ .I include the interests of OWNER. CONRAC- sionalliability)OWNER• ENGINEER, ENGINEER'sCon- TUR. Subcontractors, ENGINEER. ENGINES s Con- sultants and any other persons or entities identified in the sultan and any other persons or entities tder.tifi d in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective Supple entary Conditions, each of whom is deem d to have officers and employees of all such additional insureds; an insu ble interest and shall be listed as an nsured or additions insured; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- 5.6.2. b written on a BuKder's Risk "all sk" or open mentary Conditions or required by Laws or Regulations, peril or spec causes of loss policy form t t shall at least whichever is greater; include insu ce for physical loss or darn a to the Work, temporary buil ings, falsework and Work i trar.sit and shall 5.4.9. include completed operations insurance; insure against least the foU'owing pe Is fire, lightning, extended covera , theft, vandalism and alicious mischief. 5.4.10. include contractual liability insurance covering earthquake, colla e. debris removal. d olition occasioned CONTRACTOR's indemnity obligations under paragraphs by enforcement o Laws and Regula ons• water damage. 6.12, 6.16 and 6.31 through 6.33; and such other peril as may be spec .tally required by the 5.4.11. contain a provision or endorsement that the Supplementary Cond ions; coverage afforded will not be cancelled, materially ganged 5.6.3. include expe es incurr in the repair or replace - or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and ment of any insured p erty (i luding but not limned to to each other additional insured identified in the Supp;emen- fees and charges of engin ers a architects); tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the 5.6.4. covermaterials a quipment stored at the site or CONTRACTOR pursuant to paragraph 5.3.2 will so pro- at another location that was eed to in writing by OWN ER vide): prior to being incorporated he Work, provided that such materials and equipment h ve een included in an Applica- 5.4.12. remain in effect at least unti; final payment and at tion for Payment recomm nded y ENGINEER: and all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance 5.6.5. be maintaine in effect u til final pay ment is made with paragraph 13.12; and unless otherwise agre to in writ g by OWNER, CON - 5.4.13. with respect to completed operations insurance, TRACTOR and ENG . -EER with th rly days written notice and any insurance coverage written on a claims -made bass, to each other additi riot insured to horn a certificate of remain in effect for at least two years after final payment insurance has been slued. (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- 5.7. OWNER s II purchase and maint in such boiler and tions to whom a certificate of insurance has been issued machinery insuran e or additional property insurance as may evidence satisfactory to OWNER and any such additional be required by t e Supplementary Conditio s or Laws and insured of continuation of such insurance at final payment Regulations wh- h will include the interest of OWNER, and one year thereafter). CONTRACTO,Subcontraclors.ENGINFER..NGINLER's Consultants a any other persons or entities id ntified in the Supplementa Conditions, each of whom is dee ed to have OWNER'sLiabilityInsurance: (Replacement; an insurabl interest and shall be listed as an insured or Sc- 5. 5 ) additional i lured. /fl /XryMcll t/q4V fdsylr4ac/v� &/ t!!{oo/o<id/ ��%yfi�S'.t5s�l`•1�'�'}�1��%4'..�J'f�1'X`%1''/� 5.8. I the policies of insurance land the certifi ates or q(rjiyfi/�6�y�yfyfyf:sylNN�r�f�'�it�(ipftf{ipf�)/ui)7✓,Ty.F.�jSje�lph}f other e Bence thereof) required to be purchased an main- tained Wy OWNER in accordance with paragraphs 5.6 a d 5.7 a 1%Y� /% %i%`�T %f�f �%/°�7 I/ f will contain a provision or endorsement that the co' rage - ' V 6� / afor ed will not he cam r led or materially changed or ren wal refuted until at least thirty days' prior written notice has b en Property Insurance: (Replacements; given to OWNER and CONTRACTOR and to each otF r SC -5 . 6 /' 5. 7 & 7 8/' additional insured to whom a certificate of insurance has hee /.6�iilitl��S�tiiEr>;•ri�pr�vidirii�•(hi6lSrrip�+ li�J!a/yj(Yrr- t ued and will contain waiver provisions in accordance with W,hid✓/�`r'(:/s}fail/hti;,Fi�u(�a(td'tF',rittilk44FWW / ragraph 5.11. 21 I 11 I I C1 I C1 I I I C1 El El H I I w Y�9it'/ali$ F7Y�SkAytp4ian Y Partial Utilization —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 may be accomplished in accordance with paragraph 14.10; provided that no such use or. occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. 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 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise. inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques. sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or 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 the 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 be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR, All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, ,lfaleriair and Equipment: 6.3. CONTRACTOR shall providecompetent, personnei to survey, lay out and construct the Work as required by the Contract Documents. CON 1'RAC]Y)R shall at all times maintain good disc.pime and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or ad;acent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall he performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, toms, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion 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 OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, 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 lime to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to 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 he submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only he made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. 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 specdicauon or description is intended to establish the type. function and quality required. Unless the specification or description contains or is fofowed 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 tinder the blowing circumstances: 1 23 I 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, whetheror 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. CONTRACTORS 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 24 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 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will he 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 orsubmitted 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 OWNER 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- tity 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 (either 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 I .i I I I n J I I I I H I I, I I I I substitution and an appropriate Change Order will be issued or Wntten Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplierercther person or organization shall constitute a waive• of any tight of OWNER or ENGINEER to reject defective Work. 6.9.I. 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 any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in 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 any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CON I'RACTOR. CONTRACTOR shal. require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER though 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 be pursuant to an appropria:e agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Sup,rl;er to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER anti EN G 1 N EER. Whenever any such agreement is with a Suhcon::actor or Suppler who is listed as an additional insured on the property ;surance provided in paragraph 5.6 or 5.7. The agreement between the CON'I RACTOR and the Subcontractor or Supp:ier wili con - tam provisions whereby the Subcontractor or Suppler waives all rights against OWNER, CONTRACTOR. ENGINEER. I :NGIN EER's Consultants and al otheraddiurw at insureds for all losses and damages caused hy, awning uul of o: ie u.ting from any of the perils cove:cd I -y such po icies and .in oiler property insurance a.pplicaole to :ac "ork. If the insurers on any such puhc.es : squir e 'e par ate w:.rver form', to he sgned by any Suhcontractor or Supplier, ('ON:RAC:OR sit i-hl:en the sans. Patent Fret and Roialne : 6-12- ('ONTRACTOR steal: p iv all ;icentc Ives ani u>y.d- tics and assume :JI cuxis . neul ni to the use it :7c pritm m.ry 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 ho:d harm- less OWNER, ENGINEER. ENGINEER's Consu;tants 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. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- striction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and insoection fees necessary for the prosecution of the Work. which are applicab;e 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 uliLly owners for convec- tions to the Work, and O\V'NER shall pay all charges of such utility owners for capital costs related :hereto such as plant investment fees. Laws and Regulations: 6-14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work Except where otherwise expressly required by applic able Laws and Regulations. tie ither O\VN ER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regu'ations. 6 14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall hear all c:aims, costs. losses and damages caused by. arising out of or resulting therefrom; howescr. it shall not he CONTRACTOR's pn- mary reason ability to make certain that the Spec:licaticns and Drawings me ui accordance with I-aws and Reg.,Iatio ns. but this shall nil rehete ('ONTRACTOR cf CONIRAC- TOR's chliga( on' urder pia ag;aph 3.4.2. To rty: ._.. C: I R •sCTO1' shout pas alt aa,Srr. con'w.=. vse mu9 .*.t 'ii''' cr taxes•quu ed ;irk%e pars b y t'ON/5 2133R 'a . itOr.Lnee wuh the I-aws anal Regu lauom of the pla x of I 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 arising 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 site 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 Documents: 6.19. CONTRACTOR at:.all maintain in a safe place at the site one record copy of at awings, Specifications, Addenda, .,.: tten Amendmeas, Cnznge Orders, Work Change Direc- tives, f=tew r,re,..,.�'a,'f wntten interpretations and clarifica- tions (issued pursuant ,m mph 9.4) in good order and annotated to show all chance, de:durine ^"r -ruction. These record documents together wnzi .a Pte'•.. dc•.. and a counterpart of all approved Shop ""' • dl br' available to ENGINEER for reference. Upon ,+ o the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, 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 jurisdiction 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 property. 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 (except 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 (except as otherwise expressly provided in connection with Substantial Comple- tion). v Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and I I I I ii El E LI 0 I 11 I El I I I I rI I El responsibilities shall he the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordir.atirg 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- thorization 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. (Addition; SC -6.24.1) 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings aria Sample sub- mittals. Each Sample will be identified c'ear y as to material. Supp:ier. pertinent data such as catalog numbers an the use for which intended and otherwise as ksGl\EFR 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 he submitted will he as specified in the Specdications. 6.25. Submittal Procedures: 6.25.1. Before uhmntmg each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and se-i ied: 6.25.1.1. all field measurements. quantities, dimen- sions, specified performance cntena, installation require- ments, materials, catalog numbers and simi.ar 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- TRAC1'OR'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 wntten 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. m 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 variation. 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 (except 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 Samp:es 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 requuerrefs of the Contract 1 27 Documents unless CONTRACTOR has in writing 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 be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR's Genera! Warranty and Guarantee: 6.30.1. 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 defective. 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'sobligationto perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the 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: 6.30.2.1. 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 OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall 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 of 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: (i) 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) is caused in whole or in part by any negligent act or omission 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 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 liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, 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 [1 I I I I $ 28 a E I ri I I Ii I I 11 I i I I the Contract Documents, as well as all continuing obligations indicates in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTITER WORK Related Work at Site: 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 he performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles II 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 he 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 benelit 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 irspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other wo. k that render it unavailable or unsmtahle for the proper execution and results of CONTRACCOR's Work. CON'I RAC'IY)R's failure so to report will com;aute an acceptance of such other work as fit and proper for integration with CONTRACTUR'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: 7.4.1. the person, firm or corporation who will have authority 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. (Addition SC -7.5) 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 he 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 engtneerirg 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 avat:able 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 to the site that have been utilized by ENGINEER in preparing the Contract Documents. �8�S��f'5)ti',t(11≤FEi��rtlsfi�lflf[i��ii✓c�s�ii�i:i.6f� fiufa{�s(rr� �� X dsf 1�df dy�dsStbdcEdr/A/f6AViA PA0ts Y..VYtt$�V9VYTV- (Replacement SC -8 .5 8.6. OWNER is obligated to execute Change Orden 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 r.ght to stop Work or suspend Work, see paragraphs 13.11) and 15.1. Paragraph 15.2 deals with OWNER's nghl to terminate services of CON- TRACTOR tinder certain circumstances. 1 29 I 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 Supplementary Conditions. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will 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 general, 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 against defective Work. EN - GIN EER'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, during or as a result of ENGINEER's on -site visits or 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 OWNER and 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. (Addition; SC -9.3) Clanf cations and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with 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 L I 30 I rn I ED a a f Q I I n II II II that ENGIN [ER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the des!gn concept of the completed Project as a functioning who.e 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, instal.ed or completed. Shop Drawings, Change Orders and Payments 9.7 In connection with Shop Drawings and Samples. inclusive. 9.8. In connection with Change Orders, see Articles 9.9. In connection with Applications for Payment, s< ENGINEER's see paragraphs ENGINEER's 10. II. and 12. ENGINEE.R's e Article 14. Determinations for b nit Prices: authority as to 6.24 through 6.28 authority as to authority as to 9.10. ENGINEER wil' determine the actual quantities ane classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONIRAC 1DR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendac on ofan n Application for Payment or otherwise). ENGINE.ER's written decision thereon will he final ane binding upon OWNER and CONTRACTOR. un'ess, within ten days after the date of any such decision. either OWNER or CONTRACTOR devisers to the other and to ENGINEER wi::en rotice of intention to appeal from ENGINEER's decision and: ii) an appeal from ENGINEER', decision is taker. 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 (ii) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may haxe wilts respect to ENGINEER's decision. unless otherwise agreed in wnting by OWNER and CONTRACTOR. Such appeal will not he subject to the procedures of paragraph 9.11 Decisions on Disputes: 9.11. ENGINEER will he the ru: al interrreler of the requirements of the Contact Documents and judge of the acceptandrly of the Work thereurder (lain-,. dispatcs and other matter' ie'ating :o the acceptahi it of the Wors or the interpreta.on of the requirements of the CL-itML1 Documents pertaining to :he performance and furrishing rf the Work and ('laims under Artrclrs II and 12 :n respect of chances in the ( 'ontract Pr!ce or Contract Times will he referred in: :Jlv in ENGINEER in writing with a request lo- a fororal decision in accordance with :his paragraph. Written notice of each such claim. dispute or other matter will be delivered h} the claur::nt to ENGINEER and the other party to the Agreement promptly (hut in no event later than thirty days ) after the start of the occurrence or event giving rise thereto, and wnllen supr'orting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additioral period of time for the submission of additional or more accurate data in support of such claim. dispute or other matter. The opposing part) shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's lase submittal (unless ENGINEER allows additional time). ENGINEER wd: tender a formal decision in writing within thirty days after receipt of the opposing party's submittal. if any, in accordance with this paragraph. ENGINEER'S written decision on such claim, dispute or other matter will be final and buldtrg upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time !imils and in accordance with the procedures set forth in EXHIBIT (IC -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 :nto. a written notice of ;n:ention to appeal from E.NGINEER'% 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 party 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 interpreler and judge uneer paragraphs 9.10 and 9.11. ENGINEER wi'I not show partiality to OWNER or CONTRACTOR and will no( he liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decis on by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or ether 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 iespect of any such claim, dispute or outer matter pursuant to .Ar.,cle 16. 9.13. Limitations on tiNGLXEER's Audronl and Responsthilities: 9.13.1. Neither ENGINEER'' authority or resporsihil it under Ibis Article 9 or under any other prove sine of the Conl ntc: Documcnts nor any decision made by ENGINEER in good faith either to excrcise or not exercise such :.tit homy or responsibility o: the undenakmg. exercise or nerlormance of any authortv or responsibility by ENGINEER shad ci ea:e. mrpose or rive use many duty owed by ENGINEER to ('ON'FRACIY)R, any Subcontractor. any Supplier, any other person or organization. or to any surety for or em- ployce or agent of any of them. 1 31 I 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 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are uhable 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 II or Article 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 written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the 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 (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II —CHANGE OF CONTRACT PRICE 11.1. 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 to 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 shall be delivered within sixty days alter the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall he accompanied by claimant's written 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 it I I 1 I I Ii 1 I 32 I I a if a a ELI 0 a ilk 11 ft Li it l 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 he determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents. by app ication of such unit prices 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 prices 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 CONTRACTOR's fee for overhead and profitldetermmed as provided in paragraph 11.6). Cost of the 1$brk: 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 loca:ity of the Protect, 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 :n 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 sae. Payroll costs for employees not employed full time on :he Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. hut not he limited to. salaries and wages plus the cost of fringe benefits which shall include social cecurly contributions. unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave. %acahon and Foriday pay applicable thereto. ]'he expenses of perto-mrng Work after regular working hours, on Saturday. Suncay or'egal hol days, sal he inahrded in the above to the extent aithoniec by OWNER. 11.4.2. Cost of all materials and cqu.pmert fumisnec an.; incorporated in the Work, inclining cos:, of Irampertu(ion and storage thereof. and Surpllers' herd Ser%ICeS rcquaed in connec:.on therewith. All cash ,viscounts ,hall accrue to fON'I RAC'IOR urlecs OWNER deposits turd, w.th CON- TRACTOR w,th which to make payments. to which case the cash discounts shall accrue to OWNER. All trade viscounts, rebates and refunds and returns from sale of surplus maten- als and equipment shat: accrue to OWNER, and CON- TRACTOR shall make provisions so that they may he 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 shad; obtain competitive bids from subcontractors acceptable toOWNER W N E R and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER. which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to he 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 CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers. architects. testing Tabora:cries, 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 CON1 RACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.1.5.2. Cost, including transportation and mainte- nance, of all material, supplies, equipment, machinery, app:iances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of (he Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.1.5.3. Rentals of all construction egt.ipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance w:th rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation. loading, unload- ing, installation. dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such ecmpment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 114 5.4. Sales, consumer. use or simii:,r taxes related to tFe Worx, and for which CO>. RAC'IOR is I:ahle, imposed by Laws and Regulations. 114 5.5. Deposits lost for causes other than negli- gence of CON'I RACIOR, any Sahcontractoi or anyone d iec:ly or ind.rectly employed by any of them or for whose acts any of them may he liable, and royalty payments and fees for permits and licenses. D 33 :I 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. 11.5.5. 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 1 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 11.4.5.8. Minor expenses such as telegrams, long dis- and 11.4.2, the CONTRACTOR's fee shall be fifteen tance telephone calls, telephone service at the site, ex- percent; pressage and similar petty cash items in connection with the Work. 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; I. 11.4.5.9. Cost of premiums for additional Bonds and 11.6.2.3. where one or more tiers of subcontracts are insurance required because of changes in the Work, on the basis of Cost of the Work plus a fee and no fixed fee 11.5. The term Cost of the Work shall not include any of is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, the following: 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be 11.5.1. Payroll costs and other compensation of CON- paid a fee of fifteen percent of the costs incurred by such TRACTOR's officers, executives, principals (of partnership Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- each be paid a fee of five percent of the amount paid to the chasing and contracting agents, expediters, timekeepers, next lower tier Subcontractor; clerks and other personnel employed by CONTRACTOR 11.6.2.4. no fee shall be payable on the basis of costs whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not itemized under paragraphs 11.4.4, 11.4.5 and 11.5; specifically included in the agreed upon schedule of job 11.6.2.5. the amount of credit to be allowed by CON - classifications referred to in paragraph 11.4.1 or specifically TRACTOR to OWNER for any change which results in a covered by paragraph 11.4.4 —all of which are to be consid- net decrease in cost will be the amount of the actual net I ered administrative costs covered by the CONTRACTOR's decrease in cost plus a deduction in CONTRACTOR's fee fee. by an amount equal to five percent of such net decrease; and 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's 11.5.3. Any part of CONTRACTOR's capital expenses, fee shall be computed on the basis of the net change in I, including interest on CONTRACTOR's capital employed for accordance with paragraphs 11.6.2.1 through 11.6.2.5. the Work and charges against CONTRACTOR for delin- inclusive. 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). 11.7. 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. 34 1 I, DCash Allowances: C a ftl 11 a I Li a a 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to he 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 appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Prce shall he correspondingly adjusted. 11.9. Unit Prue Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to he 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 :n 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 Pnce Work performed by CON'I RACTOR will he made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will he deemed to include an amount considered by CONTRACTOR to he adequate to cover CONTRACTOR's overhead and profit for eacn sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance wish Ankle II if: 11.9.3.1. the quantity of any tern of Unit Prce Work performed by ('ON I'RACTOR differs matcrally ard'ag- nificanily from the est:mated quantity of such item indi- cated in the Agreement, and (Addition; SC—_i. 9. 3. I; 11.9.3.2. :here is no corespondirg ad)uvtmenl wi:h respect to any other item of Work: and 11.9 3 3. :f CONTRACTOR believes that CONTRAC- TOR is entitled :o an increase in Contract Price as a resu t 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 W'ri:ten Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall he based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (hut 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 for 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 Mi:estones) will be valid if not submitted in accordance with the iequirements of :his paragraph 12.1. 12.2. All lime 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 (or Milestones) due to delay beyond the control of CONTRAC- TOR. the Contract Times for 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 uti:ity owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics. abnormal weather condi- tions or acts of God. Delays attnhutable to and within the control of a Subcontractor or Supplier small be deemed to be delays within the contro: of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Connact Tmes (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension ot :he Contract Times (or Milestones) in an amount equa'. to the time lost due to such delay shall he CON TRAC"1'OR's sole and exclusive remedy for such delay. In no event shall OWNER he liable to CON'I RAC - TOR, any Subcontractor. any Supplier, any usher person or organisation, or to any surety for or en:p.oyce or agent of any of them. for damages ansing out of or resulting from (i) delays caused by or within the control of CONTRACTOR. or (ii) 8 35 I 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 Work: 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 Inspections: 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. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 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 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. (Addition; SC -13.5) 13.6. If 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 Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's 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 others); 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 II. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction: and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. I fI I ,t I I I 13.4.3. as otherwise specifically provided in the Con- tract Documents. OWNER May Stop the Work: 13.5. If Laws or Regulations of any- public body having jurisdiction require any Work (or 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 13.10. If the Work is defirrive, 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 H 36 I I 11 I a a ni I I a I a g a [11 I 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. Correction or Removal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or. if the Work has been rejected by ENGINEER, remove it from the site and replace it with 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 work of others). 13.12. Correction Period: 13.12.1. If within one year after the date of Substant:al 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 defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: u) correct such defec- rive Work, or. if it has been rejected by OWNER. remove it from the site and rep'ace 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 serious 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 resultirg from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will he paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an ear'ier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been cmrected. removed or replaced under this paragraph 13.12. the correction penod hereunder with respect to such Work will he extended to: an additional penod of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work.: 13.13. If. i,stead of requirrig correction or removal knit replacement of delei lite Work, OWNER (and, prior to ENOb N Ii ER's rccomme ndat ion of final pay men 1. a.so Ii N (3I N E F RI prelers to accept it. OWNER may do so CONTR ACTOR shall pay all claims, costs, losses and damages attnbutahle 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 I I. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER .%lay Correct Defective Rork: 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. OWNER 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 (hereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the sue or for w hich 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 enab:e 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 he 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 wit: 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 extcns:on of the Contract Times (or Milestones) because of any delay in the performanceofthe Work attr.butahle totheexercise hv' OW'Nh R of OWNER's rights and remedies hereunder. ARTICLE 14 —PAYMENTS TO CONTRACTOR AND COAIPI ETION Schedule of l (dues: 14.1. The schedule of values estahlrshed as provided in paragraph 2.9 w ill serve as the basis for progress payments and 1 37 I 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. Application for Progress Payment: 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 materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER'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. C0NTRACTOR's Warranty of Tide: 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 Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to 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 last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER toOWNER. 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 to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other 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, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) 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, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 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, I I I I I I 38 A I I I i I I I I F 11 El I El I I 14.7.6. Liens have been fired 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, 14.7.7. 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 14.7.1 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. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in witting 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 givi ng 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 dale of Substantial Completion. There shall he attached to the certificate a tentative list of :tems 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 compete. 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 Compielion (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 tame of delivery of the tentative certificate of Substantia, Completion ENGINEER will deliver to OWNER and CONTRACTOR a wntten 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 warran:ies and guarantees. Unless 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. Partial Utilization: 14.10. Use by OWNER at OWNER'S option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) 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 all 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 as 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 he substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially comp:ete. 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 responsibi:ity in respect thereof and access Ihereto. 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 Inspection: 14.11. Upon wntten notice from CONTRACTOR that the entire WorK or an agreed portion thereof is comp:ete, ENGI- NEER will make a final inspection with OWNER arid CON- TRACTOR and will notify CONTRACTOR in writing of all 1 39 I 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. Final Application for Payment: 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 (as 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, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu 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 Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Find 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 CONTRACTOR'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 writing 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 Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. 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 ternis of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE I5 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both. directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: I I I I I H I 40 I I I I I I a I 9 I I I II J I I I I I 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents tin- 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 6.6); 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 all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will he 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, :osses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required In 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 release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may, williout cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In wc!i case. CONTRACTOR shall be paid (without dunccauon of any items): 15.4.1. for completed and acceptable Work executed in accordance w ith 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. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public 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 rewlvmg disputes between them that may arise under this Agreement. such dispute resolution method and procedure, if any. shall he as set forth in E xhihit GC -A, "Dispu:e Resolution Agreement," to he attached ;icreto and made a part hereof. If no wch agi eement 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 1 41 It 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 Notice: 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. Computation 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: 17.3. 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 will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cuntuln ive 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. Professional Fees and Court Costs 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 arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.] ii I I a I 11 I I I I U I 42 7 u I I I EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) tDISPUTE RESOLUTION AGREEMENT I I El I I I I e C El U I I OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) wi:l be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim. dispute or other matter that is required to be referred to ENGINEER initially for decision :n accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the Ihtrty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such c:aim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty daysperiod will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initialed, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in acco:dance with paragraph 9.10 wit: be made later than ten days alier the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will he filed in witting with the other party to the Agreement and with the American Arbitration Association, and a copy will he sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten- day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand he made after the date when institution of legal or equitable proceedings based on such claim, dispute or other mailer in question would be barred by the applicable statute of Imita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER. ENGI- NEER's Consultant and the officers, directors, agents, em- ployees or consultants of any of them) who is not a party to this contract unless: 16.4 I. the inclusion of such other person or entity is necessary if complete relief is to he afforded among those who are already parties to the arbitration. and 16.4.2. such other person or entity is substantially in- volved m a question of law or fact which is common to those who are already parties to the arbitration and which will anse in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4 ifac[aim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRAC1'OR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision w hereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting tojoinder shall create any claim, right or cause of action in favor of Suhcoriractor and against OWNER. ENGINEER or ENGINEER's Consutants that does not otnerwi a exist. , 16.6. The award rendered by the arbitrators will he I nal. judgment may he entered upon it in am court having;urisdic- :ion thereof, and it will not he subject In modi5cation or appeal. IThe remainder of this page was tell blank : ntentionally.) I GC -Al I 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, dis- putes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by The American Arbitration As- sociation under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitra- tion would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. I I I I, I I I I El 1' GC -A2 I C TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS Page SC -1 Definitions and Abbreviations .......................... SC -1 SC -2 Preliminary Matters .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC -2 SC -4 Availability of Lands; Subsurface and Physical Conditions; Reference Points SC -3 SC -5 Bonds and Insurance ............................... SC -3 SC -6 Contractor's Responsibilities SC -6 SC -7 Other Work .......1.......1.1.....1 .............. SC -6 SC -8 Owner's Responsibilities ........ 1 1 . 1 1 . . . . . . . . . . . . . . . . SC -7 SC -9 Engineer's Status During Construction SC -7 SC -11 Change of Contract Price ............ 1 .............. SC -10 SC -13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............... SC -10 I I I I LI I I I Fi SC-i I I Supplementary Conditions II I I n El I P I R I II] I I I I SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (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 In addition to the provisions of Article 1, the following respective supplemental definitions apply: The words "OWNER" and "City" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. The words "City Council" shall mean the City Council of Fayetteville, Arkansas, the duly elected or appointed governing body of the City of Fayetteville, Arkansas. The words "Mayor" and "City Clerk" shall mean, respectively, the Mayor and City Clerk of the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the City Attorney of the City of Fayetteville, Arkansas. The word "ENGINEER" shall mean the engineering firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers, or their duly authorized agent, who has been employed by the City of Fayetteville, Arkansas for this Work. The words "Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. The word "surety" or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word "Advertisement" shall mean all the legal publications pertaining to the Work of this Contract. The word "Plans" shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the Work as authorized under the section "Modifications and Alterations," or for showing details which are not shown thereon. The term "grade" used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement for Bids." I SC -1 Supplementary Conditions Whenever the following abbreviations are used, they shall have the meanings given , below: AASHTO - American Society of State Highway Officials I ACI - American Concrete Institute AGA - American Gas Association AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL - Underwriters' Laboratories A - ampere abc - aggregate base course 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 language at the end of paragraph 2.2 of the General Conditions: SC -2 II Supplementary Conditions ' SC -2.2 Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of 1 the CONTRACTOR'S proposal as submitted, the Bond or Bonds property executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. ' SC -4 AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS SC -4.2.1.1 Subsurface Conditions Add the following language at the end of paragraph 4.2.1.1 of the General Conditions: In the preparation of Drawings and Specifications, the ENGINEER has relied upon: ' 4.2.1.1 "Subsurface Investigation; Solid Waste Transfer Facility, Fayetteville, Arkansas," by Grubbs, Garner & Hoskyn, Inc. Consulting Engineers of Fort Smith, Arkansas. Copies of this report may be examined by prospective bidders at the ENGINEER'S or OWNER'S offices during regular business hours. SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent will not be sufficient. SC -5.3.2 Licensed Sureties and Insurers: Certificates of Insurance. In paragraph 5.3.2 of the General Conditions, delete the last sentence (which is crossed out). SC -5.4 Contractor's Liability Insurance Add the following paragraphs immediately after the respective paragraphs contained in ' SC -5.4 of the General Conditions: SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: I I SC -3 Supplementary Conditions I SC -5.4.1 and SC -5.4.2 Workers' Compensation etc. under paragraphs 5.4.1 and 5.4.2 t of the General Conditions: 1) State: Statutory I 2) Applicable Federal (e.g. Longshoreman's): Statutory 3) Employer's Liability: ' $ 100,000 Each Occurrence CONTRACTOR agrees to waive all rights of subrogation against McGoodwin, Williams and Yates, Inc., Consulting Engineers, and the OWNER for Work performed under Contract. SC -5.4.3. SC -5.4.4 and SC -5.4.5 Comprehensive General Liability (under 1 paragraphs 5.4.3 through 5.4.5 of the General Conditions): $1,000,000 Combined Single Limit I Policies will include premises/operations, products, completed operations, ' independent contractors, Explosion, Collapse, Underground Hazard, Broad Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. SC -5.4.6 Comprehensive Automobile Liability Bodily Injury: I $ 500,000 Each Person $1,000,000 Each Occurrence Property Damage: $ 200,000 Each Occurrence , or a combined single limit of $1,000,000. SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: ' 5.5 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by ' endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and with such provisions as will protect the OWNER and I ENGINEER from contingent liability under this Contract. I SC -4 I Supplementary Conditions I 7 I 11 I II I I I I II I Li I I Li All policies will provide for 30 days written notice prior to any cancellation ' or nonrenewal of insurance policies required under Contract. "Will SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the Total Bid Price. This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all- risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, earthquake, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.6 and will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. I SC -5 Supplementary Conditions , endeavor' and 'but failure to mail such notice shall impose no obligation ' or liability of any kind upon the Company, its agents or representatives" wording will be deleted from certificates. SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.12 Receipt and Application of Insurance Proceeds. Delete paragraph 5.12 of ' the General Conditions in its entirety. SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Bonds and Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. SC -6 CONTRACTOR'S RESPONSIBILITIES SC -6.24 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.24.1 of the General Conditions: "The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK I I I I I SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: ' SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate I I I I I I I LI SC -6 ISupplementary Conditions ' contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, ' CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective ' responsibilities. SC -8 OWNER'S RESPONSIBILITIES ' SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. ' SC -9 ENGINEER'S STATUS DURING CONSTRUCTION SC -9.3 Add the following language at the end of paragraph 9.3 of the General ' Conditions: SC -9.3 Duties. Responsibilities and Limitations of Authority of ' Resident Project Representative. General ' The Resident Project Representative (RPR), who is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions. The Resident ' Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full t knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. Duties and Responsibilities of RPR 1) Schedules. Review the progress schedule, schedule of Shop Drawing ' submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. ' 2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3) Liaison. I a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as ' OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations ' SC -7 Supplementary Conditions I affect OWNER'S on -site operations. b) Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5) Review of Work. Rejection of Defective Work. Inspections and Tests. , a) Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and ' maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. ' d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. ' 6) Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for ' modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8) Records. a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related , SC -8 ' Supplementary Conditions ' documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job ' site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations ' in more detail as in the case of observing test procedures; and send copies to ENGINEER. c) Record names, addresses and telephone numbers of all ' CONTRACTORS, subcontractors and major suppliers of materials and equipment. ' 9) Reports. a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawings and sample submittals. b) Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10) Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. I H u F I P. I H 11) Certificates. Maintenance and Operation Manuals. During the course of the Work, verity that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b) Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. Limitations of Authority (except upon written instruction of the ENGINEER). I SC -9 Supplementary Conditions 1 Resident Project Representative: I shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. shall not undertake any of the responsibilities of CONTRACTOR, , subcontractors or CONTRACTOR'S superintendent. shall not advise on, issue directions relative to or assume control ' over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are , specifically required by the Contract Documents. shall not advise on, issue directions regarding or assume control , over safety precautions and programs in connection with the Work. shall not accept Shop Drawing or sample submittals from anyone , other than CONTRACTOR. shall not authorize OWNER to occupy the Project in whole or in part. shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. SC -11 CHANGE OF CONTRACT PRICE SC -1 1.9 Unit Price Work. Add the following to paragraph 11.9.3.1 of the General Conditions: ' The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement. SC -13 TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE ' OF DEFECTIVE WORK SC -13.5 Tests and Inspections. Add the following at the end of paragraph 13.5 of the General Conditions: SC -10 I Supplementary Conditions ' All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. I I C 1 I C I C C C I I I I SC-11 Section 100 Project Requirements TECHNICAL SPECIFICATIONS GRADING AND DRAINAGE IMPROVEMENTS FOR I SOLID WASTE TRANSFER FACILITY FAYETTEVILLE, ARKANSAS • Plans No. Fy-245B • April, 1995 IPROJECT REQUIREMENTS ' A. SCOPE OF WORK The work to be done under this contract is as shown on the Plans and as provided for ' in these Specifications. The work shall include the furnishing of all materials, equipment, tools, supplies, and incidentals, and performing all labor in the execution of work generally described as follows: I I I I I I I I I Construction of Grading and Drainage Improvements for Solid Waste Transfer Facility: Site clearing and grubbing, removal and disposal of structures, undercut, excavation and compacted embankment, borrow material and haul, subgrade preparation, reinforcing steel, reinforced concrete, headwalls, inlet boxes, junction boxes, flared end structures, pipe culverts, connections to existing drainage structures, testing and all work required for a complete and acceptable installation in accordance with the Plans and Specifications. Topsoil is to be stockpiled in the area indicated on the Plans. Only the following areas will have topsoil replaced; all other areas will remain exposed subgrade: 1) All disturbed areas west of Happy Hollow Road shall receive topsoil, seeding and protective straw/mulch. 2) All flared end structure areas shall receive topsoil and solid sod as shown on the Plans. 3) The area around the new headwalls shall receive topsoil and solid sod. 4) Stone riprap shall be placed in the ditch between the new headwalls and the existing box culvert after the ditch is cleaned. I 100-1 Section 100 I Project Requirements 1 B. SEQUENCE OF WORK After the contract, bonds and certificate of insurance have been furnished to the Owner, I and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the contract times will commence. The Contractor shall substantially complete the work within 45 calendar days after the date when the contract times commence to run, and the work shall be completed and ready for final payment within 75 calendar days after the date when the contract times commence to run. I C. LANDS AND RIGHTS -OF -WAY The work to be performed under this contract shall be on lands owned by the City of , Fayetteville and on easements or lands obtained by the City of Fayetteville. D. CONTRACTOR TO FURNISH EQUIPMENT. MATERIALS AND MANPOWER ' The Contractor shall furnish, without charge, competent men from his force and such tools, stakes and other materials as the Engineer may require for the proper staking out of the work and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. The Engineer shall provide at least two horizontal and vertical control monuments on -site. It shall be the Contractor's responsibility to protect these monuments during the course of the contract. Any replacement costs incurred to reset these monuments shall be at the Contractor's expense. The Contractor shall furnish all other lines, grades and bench marks for proper execution of the work. E. SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or ' legal holidays, except work as is necessary for the proper care and protection of work already performed, or in case of any emergency. F. SECURITY The Contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. No claim shall be made against the Owner by reason of any act of an employee or ' trespasser, and the Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional , security fencing, barricades, lighting, watchman services, and other measures as required to protect the site. 1 100-2 I Section 100 I I I I I L 11 Project Requirements G. ACCESS ROADS The Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the project. Scheduling, materials and construction procedures are specified in other sections of the documents. Such roads shall be available for the use of all other performing work or furnishing services in connection with the project. H. PARKING The Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need for parking personal vehicles where they may interfere with Owner's operations or construction activities. DUST CONTROL The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered when practicable to prevent blowing. J. TEMPORARY DRAINAGE PROVISIONS The Contractor shall provide for the drainage of stormwater and such water as may be applicable or discharged on the site in performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property ' (except in natural channels) to protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. ' K. EROSION CONTROL The Contractor shall prevent erosion of soil on the site and adjacent property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the ' natural protection. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. I 100-3 Requirements POLLUTION CONTROL The Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. The Contractor shall obtain a Permit for Discharge of Stormwater from Construction Activities as required by the Arkansas Department of Pollution Control and Ecology. The responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall be borne by the Contractor. TREE AND PLANT PROTECTION The trees remaining on the site are to be protected to the greatest extent possible. existing trees are to be removed without the approval of the Engineer. All c vegetation (including grasses) shall be removed. The Contractor shall erect physical barriers around all trees or groups of trees to be saved. Barriers should be placed at the edge of the tree dripline (canopy) or ten (10) feet from the trunk, whichever is greater. This is the critical root zone. Barriers shall be erected at least four (4) feet high from ground level to ensure identification by equipment operators. Barriers can be made with plastic mesh fence, hogwire, or other approved fencing material marked with flagging. The grade level of the soil cannot be altered within the critical root area, nor may any building materials, gravel, topsoil, etc. be stored, nor may parking of vehicles occur within the critical root zone. Also, no mixing or dumping of construction chemicals shall occur within the critical root zone. Barriers (protective fencing) shall be "Safety Grid" (as manufactured by Tensar Polytechnologies, Inc.), or equal. Protective fencing shall be secured to steel "T" fence posts at 10 feet on centers. MONTHLY ESTIMATES AND PAYMENTS On or about the last Friday of each month the Engineer will make an approximate estimate of the value of the work done and materials furnished in place on the work during the previous calendar month. He will also include the cost value of freight for equipment and materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor the amount of such estimated value of materials furnished and work done during said previous calendar month, less retainage as provided by state law. If the Owner shall at Section 100 Project Requirements U any time fail to make the Contractor a monthly estimate at the time herein specified, such 1 failure shall not be held to vitiate or void the contract. O. CONNECTIONS TO EXISTING FACILITIES Unless otherwise specified or indicated, Contractor shall make necessary connections to existing utilities such as water, sewer, telephone and electric. In each case, Contractor shall receive permission from Owner or the owning utility prior to undertaking connections. Contractor shall protect facilities against deleterious substances and damage. Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct ' supervision of the owning utility. P. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. Q. LOCATION OF DISPOSAL SITE It shall be the Contractor's responsibility to dispose of all demolition materials from the sites in accordance with local, state and federal guidelines. The Contractor may dispose of the materials at a site where he has approval. It should be noted that any sites within ' the City of Fayetteville's jurisdiction will require a grading permit application, and that there may not be sufficient time to make application and obtain approval. R. STOCKPILE OF MATERIALS No materials are to remain on -site unless directed by the Engineer, except excess topsoil not used in the project. Designated stockpile areas are shown on the Plans. S. USE OF EXPLOSIVES The use of explosives is not allowed on this project. IT. TEMPORARY FACILITIES 1. Water. All water required for and in connection with the work to be performed and for any specified tests of piping, equipment, devices, etc. for inundation or settling of backfill material or for any other use as may be required for proper completion of the work shall be provided by the Contractor. ' 100-5 Section 100 , Project Requirements 2. Electric Power. The Contractor shall provide all power for heating, lighting, operation of Contractor's plant or equipment, or for any other use by Contractor. Temporary heat and lighting shall be maintained until the work is accepted. 3. Telephone Service. The Contractor shall make all necessary arrangements with the telephone utility for the telephones in the offices at the site, and shall pay all charges therefor. 4. Sanitary Facilities. The Contractor shall furnish temporary sanitary facilities at the U site, as provided herein, for the needs of all 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 practical extent. If toilets of the chemically -treated type are used, at least one toilet will be furnished for each 20 workers. The Contractor shall enforce the use of such sanitary facilities by all personnel at the site. U. CLEANUP During construction, the Contractor shall keep the construction area in a clean, neat and , workmanlike condition at all times. Pipe, equipment, and all other material shall be stored and protected in an area away from the construction operations. As soon as practicable, the area around all structures shall be backfilled, and the entire area shall be maintained in a smooth condition at all times insofar as is practical. After construction work has been completed, the Contractor shall clean the entire area. END OF SECTION El I 100-6 , I 1 TECHNICAL SPECIFICATIONS TESTING Section 120 Testing & Certifications ' A. GENERAL The Contractor shall be responsible for and shall pay all costs associated with any inspection or testing required in connection with Owner's or Engineer's acceptance of materials or equipment incorporated in the work, as provided for in Article 13 of the General Conditions. ' B. CERTIFICATES OF COMPLIANCE I I 1 I -fl 1 P I I I The Contractor shall be responsible for furnishing to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASHTO, AHTD, or others for all materials and equipment delivered to this project. C. SPECIFIC REQUIREMENTS Specific requirements for testing and certificates of compliance are set forth in the Technical Specifications for each item of work. END OF SECTION 1 120-1 IT] I I TECHNICAL SPECIFICATIONS SITE PREPARATION, EXCAVATION AND BACKFILL, UNDERCUTTING AND COMPACTED FILLS I A. GENERAL Section 200 Site Preparation The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for sitework, including clearing, grubbing, grading, erosion control, excavation and backfill, including ' rock excavation, construction of embankments, and dewatering of the project site. The work shall include every item of construction necessary for complete and acceptable sitework as shown on the Plans and hereinafter specified. B. MATERIALS AND EXECUTION 1. Clearing. All trees and brush shall be removed from the site within the excavation or structural limits. Any trees which do not interfere with the construction will be protected. All trees required to be protected within or near the area of construction are clearly marked or noted on the Plans. All roots shall be removed to a depth of 2 feet; and trees and stumps shall be hauled off -site to a waste area selected by the Contractor. 2. Topsoil. The topsoil shall be stripped from the site and stored for reuse on the site. Excess topsoil may be used on embankment slopes or excavated slopes after final compaction of the embankment material. No topsoil shall be placed in areas to receive gravel surfacing, sidewalks or structures. Should sufficient topsoil not be available on -site for final seeding and landscaping, the Contractor shall import suitable topsoil from off -site for this purpose (minimum 3 inch depth over all areas to be seeded). 3. Excavation. Excavation work shall include the necessary removal and disposal ' of all debris; excavation and trenching as required; the handling, storage, transportation, and disposal of all unsuitable excavated material; all necessary sheeting, shoring, and protection work; preparation of subgrades; pumping and dewatering as necessary or required; protection of adjacent property; backfilling; construction of fills and embankments; and other appurtenant work. Excavation work shall be performed in a safe and proper manner with appropriate precautions being taken against all hazards. Excavation shall provide adequate working space and clearances for the work to be performed therein and for installation and removal of concrete forms. Backfilling and construction of fills and embankments during freezing weather shall not be done except by permission of the Engineer. No backfill, fill or embankment materials shall be installed on frozen surfaces, nor shall frozen materials, snow, or ice be placed in any backfill, fill or embankment. 1 200-1 Section 200 Site Preparation 1 Excavation in the clays and cherty clays should be performed in accordance with all applicable state and federal safety regulations. All applicable federal, state or local safety regulations should be adhered to during deep excavations to ensure construction safety. If a. Classification of Excavated Materials. No classification of excavated materials will be made. Excavation and trenching work shall include the removal and subsequent handling of all materials excavated or otherwise removed in performance of the contract work, regardless of the type, character, composition, or condition thereof. Location of test borings which have been made are shown on the Grading Plan. All rock which cannot be handled and compacted as earth shall be kept separate from other excavated materials and shall not be mixed with backfill or embankment materials except as specified or directed. b. Unauthorized Excavation. The Contractor shall excavate all structures for placing of concrete to the lines and grades shown on the Plans. Should any overexcavation occur which has not been authorized by the Engineer, the overexcavation shall be replaced, by and at the expense of the Contractor, with compacted embankment material. c. Dewaterina. The Contractor shall provide and maintain adequate ' dewatering equipment to remove and dispose of all surface and ground water entering excavations, trenches, or other parts of the work. Each excavation shall be kept dry during subgrade preparation and continually thereafter until the structure to be built, or the pipe to be installed therein, is completed to the extent that no damage from hydrostatic pressure, flotation, or other cause will result. All excavations for concrete structures or trenches which extend down to or below ground water shall be dewatered by lowering and keeping the ground water level beneath such excavations 12 inches or more below the bottom of the excavation. Surface water shall be diverted or otherwise prevented from entering excavated areas or trenches to the greatest extent practicable without , causing damage to adjacent property. The Contractor will be held responsible for the condition of any pipe or conduit which he may use for drainage purposes, and all such pipes or conduits shall be left clean and free of sediment. d. Sheeting and Shoring. Except where banks are cut back on a stable slope, , excavation for structures and trenches shall be properly and substantially sheeted, braced, and shored, as necessary, to prevent caving or sliding, to provide protection for workmen and the work, and to provide protection for 200-2 iSection 200 Site Preparation existing structures and facilities. Sheeting, bracing and shoring shall be ' designed and built to withstand all loads that might be caused by earth movement or pressure and shall be rigid, maintaining shape and position under all circumstances. ' e. Stabilization. Subgrades for concrete structures and trench bottoms shall be firm, dense, and thoroughly compacted and consolidated; shall be free from mud and muck; and shall be sufficiently stable to remain firm and intact under the feet of the workmen. Subgrades for concrete structures or trench bottoms which are otherwise solid, but which become mucky on top due to construction operations, shall be reinforced with crushed rock or gravel at the expense of the Contractor. The finished elevation of stabilized subgrades shall not be above subgrade elevations shown on the Plans. ' 4. Subgrade a. Soil Subgrade. Soils which, in the opinion of the Engineer, are unsuitable for the construction shall be undercut and disposed of at locations shown on the Plans or as specified by the Engineer. Following completion of the stripping and undercutting operations, the subgrade shall be prepared prior to the placement of any fill. The exposed subgrade shall be scarified to a depth of 6 to 8 inches and then recompacted to provide a uniform surface for the placement of fill. The subgrade shall be compacted to a minimum of 95 percent of maximum dry density as determined by the standard Proctor test (AASHTO T99). The moisture content of the subgrade shall also be controlled to within 2 percent of the optimum moisture content as determined by the standard Proctor test. Any soft areas requiring the undercutting and replacement of existing soils shall be determined by proof -rolling with a minimum 20,000 pound pneumatic tired roller, loaded dump truck, or similar equipment. Other areas to be undercut may also ' become evident as the excavation for the facility progresses. The material from these areas will be hauled to waste at the location shown on the Plans or as specified by the Engineer and replaced with suitable select ' material. The undercut material may be manipulated and dried for later reuse as fill material. Also, it may be combined with drier soils to provide an acceptable mixture. b. Rock Subgrade. Prior to placing concrete on rock subgrade, the entire area shall be cleaned of mud and loose material. 5. Embankment Material. Embankments for roadway, levees, dikes and structural or engineered fills under or within structures or foundations shall be constructed ' of suitable select material. Fill material shall be free of trash, organic matter and objectionable materials. Also the fill shall not contain rocks larger than 6 inches, and in the top 12 inches of the embankment, the rocks shall not exceed 4 inches. ' 200-3 Section 200 i Site Preparation 1 Plastic soils should have a minimum plasticity index of 8 and a maximum plasticity index of 18, so as to avoid objectionable silty or high plasticity soil characteristics. In addition, to avoid potential compressive materials, they shall have a liquid limit of 45 or less. Acceptable unified soil classifications include GW, GP, GM, GC, SW, SP, SM, Sc, I CL and ML soils satisfying the liquid limit and plasticity index criteria. Unsatisfactory soils include MH, CH, OH, OL, PT and soils whose Atterberg limits are beyond the specified limits. All costs associated with laboratory and field density testing will be at the Contractor's expense and included in the Bid under the lump sum pay item. Compaction test shall be taken on individual lifts and spaced such that each test represents not more than 10,000 square feet. Also, there should be a minimum of three tests per lift. Areas requiring fill (embankment material) shall first be benched appropriately to ensure keying of fill material into the existing subgrade. The fill shall be placed in uniform level lifts not to exceed 8 inches and compacted. Compaction should be to a minimum of 100 percent of the maximum dry density as determined by the standard Proctor test. Also, the moisture content shall be controlled to within 2 percent of the laboratory -determined optimum moisture content. 6. Grading. Soils which, in the opinion of the Engineer, are unsuitable for the construction shall be undercut and disposed at the location shown on the Plans or as specified by the Engineer. Fills shall be placed in 8 inch lifts (loose measure) and compacted to 100 percent , of standard Proctor. The in -place density of each lift shall be determined prior to the placement of subsequent lifts. The top 8 inches of cuts which are within a paved area or within a building floor slab shall be scarified to a depth of 8 inches and compacted to 100 percent of standard Proctor. All materials shall be placed with a moisture content that is plus or minus 2 percent of the optimum moisture determined in the laboratory. Grading shall be constructed to the elevations shown on the Plans. 7. Erosion Control. Areas which are denuded of vegetation and which, in the opinion W of the Engineer, may be subject to erosion shall be protected from erosion as directed by the Engineer either by temporary seeding and/or mulching or by temporary straw ditch checks. C. TESTING I All density testing, modified and standard Proctors and in -place densities of grading and backfill, including determination of soil classifications, plasticities, and Atterberg limits, 200-4 1 I Section 200 Site Preparation I shall be performed by a laboratory acceptable to the Engineer. All costs associated with ' testing shall be borne by the Contractor. D. DISPOSAL OF EXCESS EXCAVATED MATERIALS Surplus or unsuitable excavated material not used in embankment or site grading will be hauled from the site and disposed of or placed on -site at the location specified by the Engineer. After placement of excess or unsuitable material, the entire area shall be graded with a maximum of 4 to 1 side slopes and sloped to drain. In addition, the disposal area shall be seeded and mulched for erosion control. All costs involved in this operation shall be included in the price bid. 1 Li 7 Li I Li n U I I END OF SECTION 1 200-5 ' Section 243 Solid Sodding TECHNICAL SPECIFICATIONS SOLID SODDING A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for furnishing and installing approved Bermuda sod, fertilizer, and water as shown on the Plans and as hereinafter specified. B. MATERIALS ' 1. Sod. The sod field shall consist of a densely rooted growth of Bermuda grass substantially free from noxious weeds and undesirable grasses. The grass shall be cut to a height of approximately 2 inches and then raked free of debris. The 1 sod shall be cut in uniform strips a minimum of 2 inches in depth, approximately 12 inches in width, and not less than 12 inches in length, but not longer than can be conveniently handled and transported. The depth of the cut shall be varied as necessary in order to recover as much of the dense root system of the grasses as possible. 2. Fertilizer. Fertilizer shall be a commercial grade, uniform in composition, free flowing and suitable for application with mechanical equipment, delivered to the site in labeled containers, conforming to Arkansas fertilizer laws, and bearing ' name, trademark and warranty of the producer. 3. Water. Water shall be of irrigation quality, free of impurities that would be detrimental to plant growth. C. EXECUTION The area to be sodded shall be dressed to the shape and section shown on the Plans, and the top and bottom of slopes shall be rounded to a radius of approximately 4 feet unless otherwise directed. The finished slopes shall be free of objectionable foreign matter and the top 1 inch of soil shall be loosened and finely divided. When specified, a slope consisting of poor quality soil shall be loosened roughly and covered with a layer of topsoil not less than 2 inches compacted depth. Water may be applied before, during and after slope preparation, in order to maintain the desired moisture content in the soil. Immediately prior to placement of sod, fertilizer shall be broadcast at the rate of ' 250 pounds per acre (approx. 1 pound per 19 square yards) of 10-20-10, or the equivalent amount of plant food, and incorporated in the top 1 inch of soil. The bed shall be in a firm but uncompacted condition with a relatively fine texture at the time of sodding. Sod shall be moist and shall be placed on a moist earth bed. Sod strips shall be laid along contour lines, by hand, commencing at the base of the area to be sodded and working upward. The transverse joints of sod strips shall be broken, and 1 243-1 Section 243 Solid Sodding I the sod carefully laid to produce tight joints. At the top of slopes the sod shall be turned into the embankment slightly and a layer of earth placed over it and compacted in order to conduct surface water over and onto the sod. The sod shall be firmed, watered, and refirmed immediately after it is placed. The firming shall be accomplished by use of a lawn roller or tamper, with care being taken to avoid tearing end strips of sod. When sodding is completed, the sodded areas shall be cleared of loose sod, excess soil, or other foreign material, and a thin application of topsoil shall be scattered over the sod as a top dressing, and the areas thoroughly moistened. Water shall be applied as necessary for a period of at least three weeks. All 24 inch flared end section pipe shall require a minimum of 8.0 square yards of solid sodding furnished and installed in accordance with the Plans and these Specifications. The 36 inch flared end section shall require a minimum of 17.0 square yards of solid , sodding furnished and installed in accordance with the Plans and these Specifications. The area shown on the Plans adjacent to the two headwalls shall have a minimum of 230.0 square yards of solid sodding furnished and installed in accordance with the Plans and these Specifications. END OF SECTION ' 1 I 1 243-2 iSection 265 Stone Riprap I TECHNICAL SPECIFICATIONS STONE RIPRAP A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary to construct riprap bank stabilization where required as shown on the Plans. ' B. MATERIALS 1. RipraD. Stone for riprap shall be obtained from an approved source and shall consist of sandstone, limestone, or other hard and durable stone which will be 1 less than 150 pounds per solid cubic foot. Shale, slate and similar materials shall not be used. Material for riprap shall be hard and durable with a percent wear not greater than 45 by Los Angeles Test (AASHTO T96). IThe riprap shall be reasonably free from overburden spoil and reasonably well graded between the maximum and minimum rock piece sizes specified. Based resistant to the action of air and water. Riprap stone shall consist of field stone or rough unhewn quarry stone, angular with fractured faces. It shall not weigh on any one hauling unit shipment or delivery, the maximum piece size shall be not greater than 18 inches in any dimension and at least 50 percent of the material by weight shall consist of pieces weighing 35 pounds or more. Dirt or fines passing a 1/2 inch sieve accumulated from quarrying or loading operations shall not exceed five percent of the total weight. C. EXECUTION The stone riprap shall be placed in such a manner as to produce a reasonably well graded, smooth surfaced mass of rock with the minimum practicable percentage of voids, and shall be constructed to the lines and grades shown on the Plans as directed by the Engineer. Material shall be placed to its full course thickness in one operation and in such a manner as to avoid displacing the underlying material. Placing riprap in layers will not be permitted. The larger stones shall be well distributed and the entire mass of stones shall be roughly graded to conform to the gradation specified. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. Hand -placing to a limited extent may be required but only to the extent necessary to secure the results specified immediately above. Placing riprap by dumping into chutes or by similar methods likely to cause segregation of the various sizes will not be permitted. Particular care shall be exercised by the Contractor to restore the area where rock is stockpiled to preconstruction conditions. The area shall be cleaned up and seeded as specified elsewhere in these Specifications. END OF SECTION 1 265-1 Section 295 Cleanup/Seeding 1 TECHNICAL SPECIFICATIONS CLEANUP AND SEEDING A. GENERAL Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. There is no separate pay item for cleanup and this work shall be considered subsidiary to site preparation. B. MATERIALS AND EXECUTION Cleanup includes areas of construction shown on the Plans, including street rights of way. After the topsoil has been spread over the damaged areas, the Contractor shall proceed immediately to hand -rake the entire construction area to remove all rock 1 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 10 square feet, using the following seed mixture (percent expressed in terms of weight). H I H I I I Turf Fescue 75% White Clover (Common) 5% Bermuda (Common) Hulled 20% During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 500 pounds per acre, or approximately one pound per 100 square feet. After seeding and fertilization, the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Straw mulch cover consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over damaged and seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Tackifiers in mulch cover shall be of such quality that the mulch cover will be bound together to form a cover mat that will stay intact under normal climatic conditions. All tackifiers shall be on the AHTD Qualified Products List or shall be submitted to the Engineer for review. Asphalt material shall not be used for a tackifier. After application of the mulch cover, water shall be applied in sufficient quantity to thoroughly moisten the soil as necessary to germinate the seed. The Contractor shall apply water in an amount such that, in conjunction with any rainfall, the seeded and mulched areas will receive an amount equivalent to a minimum of 1 inch of water each week beginning the week after seeding and continuing for a minimum of Li 295-1 Section 295 Cleanup/Seeding four (4) weeks. One inch of water is equivalent to 27 M -gallons per acre. The seed planted may require more water than specified, especially between June and ■ August, in order to survive. Therefore, watering will continue after germination until growth is established. The City of Fayetteville has available fire hydrants through which water may be purchased. There is no direct pay item for seeding, fertilizing and watering. During construction, the Contractor shall at all times keep work areas in a clean, neat I and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials will not be tolerated. Where any pavement, trees, shrubbery, fences, poles or other property and surface I structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances, or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. END OF SECTION I I I 295-2 I Section 430 Pipe Culverts 1 TECHNICAL SPECIFICATIONS PIPE CULVERTS A. GENERAL The work included in this section shall consist of providing all materials, labor, equipment, tools, supplies, installation and incidentals necessary for the construction of pipe culverts and flared end sections for pipe culverts; of the type, size, dimensions, locations, and grades shown on the Plans and as herein specified. ' B. MATERIALS 11 I El I I I I r`1 [1 I The Contractor shall furnish pipe culverts and reinforced concrete flared end sections of the various sizes shown on the Plans. All pipe shall be fabricated in a plant approved by the Arkansas Highway and Transportation Department. The reinforced concrete pipe shall be Class III tongue and groove, in accordance with the latest revision of ASTM (AASHTO) covering RCP pipe. Joints shall be cold -applied preformed bitumen plastic gaskets meeting all requirements of Federal Specifications SS -S -210A, "Sealing Compound, Preformed Plastic for Pipe Joints," Type 1, Rope Form. The corrugated metal arch pipe shall be polymer precoated. The manufacture and furnishing of polymer precoated metallic coated corrugated steel pipe culverts shall meet the requirements of AASHTO M245. The metallic coating shall comply with the applicable requirements of AASHTO M36 and AASHTO M218. The reinforced concrete flared end sections for reinforced concrete pipe culverts shall meet the requirements of Subsection 606.02(b) for concrete pipe in the 'Standard Specifications for Highway Construction," Edition of 1993. Reinforced concrete flared end sections shall meet the applicable requirements for Class II or higher classes of pipe. The area of reinforcing for circular pipe flared end sections shall meet the requirements for elliptical reinforcing for Class 11 pipe with the equivalent wall thickness. Concrete and construction of the curtain walls for the flared end sections shall meet the requirements of Section 500 of these Specifications and as shown on the Plans. Reinforcing steel for curtain walls shall meet the requirements of Section 590 of these Specifications. All pipe culverts (reinforced concrete and polymer precoated corrugated metal pipe), concrete flared sections and related materials shall be in accordance with Section 606.02 of the "Standard Specifications for Highway Construction," Edition of 1993, published by the Arkansas State Highway Commission. C. EXECUTION Pipe shall be installed in accordance with Subsection 606.03 of the "Standard ISpecifications for Highway Construction,' Edition of 1993, published by the Arkansas E 430-1 Section 430 Pipe Culverts 1 State Highway Commission. 1. Excavation. The subgrade for reinforced concrete pipe shall be graded to neat 1 lines as shown on the Plans. Soft material shall be removed and replaced with suitable fill material and the fill material shall be compacted with mechanical tampers in accordance with Section 200 of these Specifications. 2. Forming Bed for Pipe. The trench shall be excavated to the required depth and to the minimum width practicable for working conditions. The selected pipe bedding, frequently referred to as limestone abrasive "grit" shall meet the grading requirements of 100 percent passing the 3/8 inch sieve and 0-10 percent passing the #200 sieve, and shall be placed a minimum of 4 inches deep under the bottom of the pipe and placed to the springline of the culvert. Material shall be carefully placed under the pipe haunches. When underground water is encountered, a granular filter material meeting the grading requirements of Subsection 802.02(f) of the AHTD Standard Specifications for coarse aggregate of Class A concrete, shall be used in lieu of the "grit" bedding material and placed a minimum of 12 inches above the 4 inch underdrain pipe or to the springline of the culvert, whichever is greater. The top of the bedding material shall be shaped to conform to the bottom of the I pipe to afford a uniformly firm bed. Soft or yielding material that would be under the bedding material shall be removed and replaced with selected backfill material, which shall be compacted thoroughly into place with mechanical equipment. Where rock is encountered, the trench shall be undercut a minimum depth of 4 inches under the bedding material and backfilled with suitable material, which shall be tamped thoroughly with mechanical equipment. The cost of bedding material and/or granular filter material with pipe underdrain shall be included in the price bid. Where pipe is not laid in a trench, a uniformly firm bed shall be made as specified above for the bottom of the pipe. _. 3. Pipe Laying. The pipe laying shall begin at the downstream end and groove ends of concrete pipe and outside circumferential laps of corrugated metal pipe shall be placed facing upstream. Corrugated metal pipe shall be placed with longitudinal laps or seams at the sides. Pipe which is not in true alignment or which shows settlement after laying shall be taken up and relaid by the Contractor without extra compensation. Pipe shall not be laid in water or in unsuitable weather conditions. Control of surface and subsurface water is required so dry conditions will exist during excavation and pipe laying. 4. Joining Pipe. The method of joining concrete pipe sections shall be such that the ends are fully entered and the inner surfaces are reasonably flush and even. i$ 430-2 I Section 430 Pipe Culverts Pipe protruding through structure walls shall be cut off flush with the inside face wall of all drainage structures. When 4 inch underdrain pipe is constructed in the pipe trench, it shall terminate at the downstream drainage structure protruding through the structure wall and cut off flush with the inside face wall of the drainage structure. The upgrade ends shall be capped to prevent entry of soil materials. The pipe shall be laid to allow adequate room for granular filter material to be placed under pipe culvert haunches and the pipe sections joined securely with the appropriate coupling fittings. The pipe shall be installed in such a manner that continuous outflow is provided during construction. Perforated underdrain pipe, when installed, shall have a nominal diameter of 4 inches and shall be the heavy-duty type, and shall conform to the requirements of AASHTO M252. The pipe shall have a minimum pipe stiffness of 30 psi at 10 percent deflection. Fittings for the underdrain shall be of the same composition and have the same physical properties as the pipe. The Contractor shall use the following procedure when applying the cold -applied preformed bitumen plastic gasket. The pipe joint surface shall be cleaned and the primer (if recommended by the manufacturer) brushed on and allowed to dry. The protective wrapping shall be removed from one side of the gasket. The gasket shall be laid strip side up on the surface of the pipe joint and the strip pressed • firmly to surface of pipe joint end -to -end continuing around the entire circumference of the joint. The remaining protective wrapping shall be removed and pipe forced into connection until material fills the joint space. To ensure an even and well -filled joint, the final joining of the pipe shall be accomplished by either pushing or pulling, by mechanical means, each joint of the pipe as it is laid in an approved manner with sufficient pressure to assure that the joint is home and evidence of a slight squeeze -out of the plastic gasket occurs at the outside or inside of the pipe joint. In cold weather, when directed, the joint material shall be warmed in a hot-water bath, or by other approved methods, to the extent required to keep the material pliable for placement without breaking or cracking. Corrugated metal pipe shall be field jointed with coupling bands and other ' hardware that conforms to the requirements of AASHTO M36 for steel pipe. Coupling bands shall be made of the same base metal and coating as the pipe. 5. Backfilling. Backfilling around the pipe shall be with approved material, free from large lumps or clods. The material shall be placed alongside the pipe in layers not to exceed 8 inches in depth at near optimum moisture content and compacted with mechanical equipment to 95 percent of standard Proctor density for the full depth of the pipe. Cross drains and storm sewer under existing or proposed 1 430-3 Section 430 Pipe Culverts 1 pavement lane shall be backfilled full depth using crushed limestone aggregate base course, Class 7, and compacted to 95 percent modified Proctor density. In a fill section, the backfill shall be brought up evenly on each side for the full length of the pipe to avoid displacement. The berm of thoroughly compacted material on each side of the pipe shall be as wide as the outside diameter of the pipe. Pipe damaged during construction operations shall be replaced at the Contractor's expense. The cost of any gravel base material required for the backfill of culvert pipe shall be included in the price bid. I END OF SECTION I I I It 1 430-4 1 I I IA. GENERAL TECHNICAL SPECIFICATIONS PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL Section 461 Backfilling The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for backfilling areas excavated during the construction of storm sewer, and other appurtenances. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS Crushed Stone Backfill. Crushed stone backfill (under existing or proposed pavement) shall be aggregate base course, Class 7, as defined in Section 303 of the 1993 Edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. C. CONSTRUCTION Areas excavated for the construction of appurtenances shall have pipe protection cover placed, and shall be backfilled in accordance with these Specifications. 1. Pipe Protection Cover. Pipe protection cover to a depth of 12 inches above the top of the pipe shall consist of select material free from rocks larger than 2 inches, and may require hand placement. However, should the material excavated from the trench be completely free of rock larger than 2 inches, the trench may be machine backfilled. Should the excavated material not be suitable for machine backfill or hand placement, the Contractor may, at his option, use crushed limestone (aggregate base course, Class 7) to a depth of 6 inches above the top of the pipe. The trench may then be backfilled as outlined below. 2. Backfillino. After the pipe protection cover has been placed, the trench excavated areas around appurtenances shall be backfilled with excavated material free from rock larger than 12 inches and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. Extra care shall be exercised around appurtenances to assure that the backfill material is placed evenly around the perimeter of the appurtenance. a. Compaction. All pipeline trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically - powered vibratory trench compactor or other equivalent equipment. All trench backfill (except under paved areas) shall be compacted to 95 percent (minimum) of standard Proctor density. In areas where the 1 461-1 Section 461 1 Backfilling I trench crosses a street, parking lot or driveway, the material shall be compacted to a minimum of 95 percent of standard Proctor density. 1 Crushed stone trench backfill where required shall be compacted to 95 percent modified Proctor density (ASTM D1557-78). The density of backfill material, including crushed stone trench backfill, shall be determined at locations selected by the Engineer at no less than 200 foot intervals. Two additional tests will be made for each test failure at approximately 50 feet either side of failing test. The test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. All surfaces to be paved shall be tested at various depths below grade. Unpaved roadway surfaces shall be tested at 12 inches below finished grade. I All testing, gradation, plasticity, modified and/or standard Proctors, and in -place densities shall be performed by a qualified soils laboratory acceptable to the Engineer. b. Lawns. Gardens and Other Well -Kept Areas. After the pipe protection cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsoiling requirement, the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement. It is the intent of these Specifications to ensure that no settlement of the trench occurs after seeding and mulching the areas. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. c. Mowed or Cultivated Areas (Excluding Gardens). The requirements for backfilling in these areas is identical to that specified in paragraph 2.b above, except that it is the intent of the Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If the Contractor is required to haul in additional material, he shall haul in topsoil free of roots, weeds, clay and rocks, and from a source approved by the Engineer, and shall do so without additional cost to the Owner. 3. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. END OF SECTION I 461-2 Section 495 Driving Surface Repair I TECHNICAL SPECIFICATIONS DRIVING SURFACE REPAIR A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, toots, supplies, and incidentals necessary for the repair of driving surfaces. This specification is intended for any driving surface, paved or unpaved, including but not limited to streets, roads, driveways, and parking lots. This specification does not apply to state or interstate highways. county roads, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. iB. MATERIALS Ii. Prime and Tack Coats. Prime and tack coat material shall be EPR-1 PRIME emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi, or equal. The application rate shall be approximately 0.25 gallon per square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in Section 403 of the 1993 Edition of the Arkansas State Highway Department Standard Specifications. ' 2. Hot -Mixed. Hot -Laid Asphaltic Concrete. The hot -mix asphalt surface course shall conform in composition to the weights and gradation of Type 2 asphalt as set forth under Section 407, page 216, of the 1993 Edition of the Arkansas State Highway Department Standard Specifications, using asphalt cement viscosity grade AC -30. 3. Concrete. Concrete shall be as defined elsewhere in these Specifications. 4. Reinforcing Steel. Reinforcing steel shall be as defined elsewhere in these Specifications. 5. Crushed Stone Base. Crushed stone base shall be in conformity with the gradation and hardness requirements as set forth under Section 303 of the 1993 Edition of the Arkansas Highway Department Standard Specifications, aggregate base course, Class 7. The crushed stone supplier shall submit certificates stating that the materials provided are in conformance with these specifications. 6. Curb and Gutter Joint Sealer. Curb and gutter joint sealer shall be either Type 1, Type 2, or Type 3 in accordance with Section 501 of the 1993 Edition of the Arkansas State Highway Department Standard Specifications. C. REFERENCED MATERIALS AND CONSTRUCTION 1 The following Specifications are hereby referenced and made a part of these Specifications. These Specifications are contained in the "Standard Specifications for Highway Construction," Edition of 1993, published by the Arkansas State Highway 1 495-1 Section 495 Driving Surface Repair I Commission. The page numbers given below refer to pages in these "Standard Specifications for Highway Construction." These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. Asphalt Pavement. Part 400 Pages Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401 185-189 Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 .................... 195-201 Asphalt Concrete Hot -Mix Surface Course, Section 407 .......... 215-218 1 Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 .............. 229-243 S Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 410 244-255 D. CONSTRUCTION 1. Pavement Removal, Pipe Protection Cover and Backfill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with the appropriate Pipe Specification. All pavements which have been removed or damaged shall be repaired in accordance with these Specifications depending upon the type of pavement existing prior to construction. No payment for repair will be made for pavements damaged outside the width of allowable removal set out elsewhere in these Specifications. a. Asphaltic Pavement Repair. After the trench has been backfilled, the trench shall be permitted to settle. After this time the permanent repair shall be made as follows. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench line limits, and brought to grade 3 inches below the top of the existing pavement. This area shall then be resurfaced by applying asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. Ii 495-2 1 Section 495 Driving Surface Repair 1 One nuclear densometer test per asphaltic patch or repair shall be performed. The cost of determining the compacted density shall be at the expense of the Contractor. The asphaltic pavement repair shall be deemed acceptable by the Engineer upon a passing nuclear densometer test at a location as directed by the Engineer. The cost of determining the compacted density shall be at the expense of the Contractor. Any unacceptable patch or repair shall be replaced and/or recompacted and retested at the Contractor's expense. b. Unpaved Drivina Surface Repair. After the trench has been backfilled and allowed to settle as set out elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone base. 2. Barricades. Guards and Safety Provisions. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the highway. All material visibility is poor. Execution of all necessary safety precautions is the sole responsibility of the Contractor. piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the 3. Maintenance of Traffic and Closing of Streets. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. 4. Piling Excavated Material for Reuse. All excavated material which is to be reused shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. 5. Removal of Excess Material. All excess excavated material shall be loaded in trucks during the excavating operation, hauled from the job site and disposed of at the direction of the Contractor. I 1 495-3 Section 495 Driving Surface Repair 6. Cleanup. Cleanup of areas behind the curb and gutter and around sidewalks shall be as set out elsewhere in these Specifications. END OF SECTION 495-4 Section 500 Concrete TECHNICAL SPECIFICATIONS CONCRETE A. GENERAL This item shall consist of providing all materials, forms, labor, equipment, tools, supplies and incidentals necessary for the construction of concrete structures, tanks, bridges, culverts and miscellaneous work, including the concrete portions of steel, timber, stone masonry and composite structures, prepared and constructed in accordance with these Specifications, and conforming to the lines, grades, dimensions, and designs shown on the Plans. All concrete shall be normal weight, air -entrained concrete unless otherwise set out on the Plans. B. APPLICABLE STANDARDS AND CODES Materials and work shall conform to the requirements of standards, codes and recommended practices required in this section. In conflicts between industry standards, required standards and this Specification, or this Specification and the local building code, the more stringent requirement as interpreted by the Engineer shall govern. The referenced applicable standards and codes are: "Building Code Requirement for Reinforced Concrete," ACI 318, latest revision; and "Standard Specification for Ready -Mixed Concrete" ASTM C 94-80. C. MATERIALS Concrete shall consist of an approved Portland cement, a fine aggregate, a coarse aggregate, and water mixed in the proportions specified. Air entrainment shall be accomplished by the addition of an air -entraining agent to the mixing water. The constituent materials which combine to make concrete shall be as specified herein. No materials shall be used containing foreign matter, frost, or lumps or crusts of hardened substances. 1. Portland Cement. Portland cement shall conform to the requirements of ASTM C150-80, "Standard Specification for Portland Cement," Type I. Cement shall correspond to that upon which the selection of concrete proportions was based. Only one brand and manufacturer of cement shall be used on the contract except by written permission of the Engineer. The Contractor may use, subject to the approval of the Engineer, Type III Portland cement, a high early strength Portland cement. When a type of cement not specified is permitted by the Engineer, any additional cost shall be assumed by the Contractor. 1 500-1 Section 500 1 Concrete 2. Water. Water used in mixing or curing shall be clean and free from injurious amounts of oils, acids, alkalis, salts, organic materials, or other substances that may be deleterious to concrete or steel. 3. Aggregates. The gradation of the aggregate shall be determined by laboratory methods with sieves having square openings. a. Coarse Aggregate. Coarse aggregate shall consist of crushed stone or gravel. A coarse aggregate consisting of a combination of crushed stone and gravel shall be used only when specifically approved by the Engineer. Coarse aggregate shall be clean, tough, durable, and of uniform quality. 1 The coarse aggregate shall have a percent of wear not exceeding 40 when tested in accordance with ASTM C131-76 "Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine." The aggregate shall have a loss not to exceed 12 percent when subjected to five cycles of the soundness test ASTM C88-76 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate" using sodium sulfate. When tested by laboratory methods, the amount of deleterious substances will not exceed the following limits: ASTM Maximum Permissible T Description Designation Percentage by Weight Material Finer than a No. 200 Sieve C117-80 1% Coal and Lignite C123-69 0.25% Clay Lumps C142-78 0.25% Soft Fragments C851-76 5.0% However, the total deleterious substances may not exceed five percent by weight. Coarse aggregate size shall be reasonably well graded from coarse to fine and shall conform to the following grading requirements when tested in accordance with ASTM C136 'Standard Method for Sieve Analysis of Fine and Coarse Aggregate." Retained on 1-1/4" Sieve 0% Retained on 3/4" Sieve 20-65% 1 Retained on 3/8" Sieve 70-90% Retained on No. 4 Sieve 95-100% 500-2 1. Section 500 Concrete I Coarse aggregate from any one source shall not vary as to maximum size and shall be uniform to a reasonable degree in gradation with the repres entative sample and/or gradation submitted by the Contractor. If the fineness modulus varies by more than 0.20 from the value assumed in selecting proportions for the concrete the aggregate will be rejected unless suitable adjustments are made in concrete proportions to compensate for the difference in grading. b. Fine Aggregate. Fine aggregate shall consist of clean, hard, durable particles of natural sand or other approved inert material with similar characteristics. The amount of deleterious substances shall not exceed the following limits when tested in accordance with the ASTM designation specified: ASTM Maximum Permissible Description Designation Percentage by Weight Material Finer than a No. 200 Sieve C117-80 2% Coal and Lignite C123-69 0.50% Clay Lumps C142-78 0.25% I I I I Soft and Flaky Particles C851-76 2% The fine aggregate shall be free from injurious amounts of organic impurities and shall pass the mortar strength test as specified in the following: When the fine aggregate is mixed with Portland cement in the proportion of one part of cement to three parts of fine aggregate, the tensile strength compared to standard Ottawa sand mortar specimens made with the same cement of the same proportions and consistency shall not be less than 100 percent at seven and 28 days. Fine aggregate shall be reasonably well graded from coarse to fine, and shall conform to the following grading requirements: Total retained on 3/8" Sieve 0% Total retained on No. 4 Sieve 0-5% Total retained on No. 8 Sieve 5-30% Total retained on No. 16 Sieve 20-55% Total retained on No. 30 Sieve 40-80% Total retained on No. 50 Sieve 70-95% Total retained on No. 100 Sieve 95-100% Fine aggregate from any one source shall be uniform to a reasonable degree in gradation with the representative sample submitted by the 1 500-3 Section 500 1 Concrete I Contractor. The fineness modulus of the fine aggregate shall not be less than 2.3 nor ip more than 3.1 and shall not vary more than 0.20 from the value assumed in selecting proportions for the concrete. If this value is exceeded, the fine aggregate shall be rejected unless suitable adjustments are made in the proportions of fine and coarse aggregates. 4. Air -Entraining Agent. The air -entraining agent shall comply with the requirements of ASTM C260 °Standard Specification for Air -Entraining Admixtures for Concrete," and shall be added to the mixing water in solution. The Contractor shall submit evidence based on tests made in a recognized laboratory to show that the air -entraining admixture conforms to the requirements of the latest revision (ASTM C260) for seven and 28 day compressive and flexural strengths and resistance to freezing and thawings, except as provided in the following, paragraph. Tests for bleeding, bond strength and volume change will not be required. Tests may be made upon samples taken from a quantity submitted by the Contractor for use on the project or upon samples submitted and certified by the manufacturer as representative of the admixture to be supplied. An exception to the requirements in the preceding paragraph is the case of i• admixtures which are manufactured by neutralizing Vinsol resin with caustic soda (sodium hydroxide). When the Contractor proposes to use such an admixture he shall submit a certification concerning the admixture in the following form: 'This is to certify that the product (trade name) as manufactured and sold by the (company) is an aqueous solution of Vinsol resin that has been neutralized with sodium hydroxide. The ratio of sodium hydroxide to Vinsol resin is one part of sodium hydroxide to (number) parts of Vinsol resin. The percentage of solids based on the residue dried at 105° C. is (number). No other additive or chemical agent is present in this solution." When the Contractor proposes to use an air -entraining admixture which has been previously approved, he shall submit a certification stating that the admixture is the same as that previously approved. If an admixture offered for use is essentially the same (with only minor difference in concentration) as another previously approved material, a certification will be required stating that the produce is essentially the same as the approved admixture and that no other admixture or chemical agent is present. Either prior to or at any time during construction, the Engineer may require that the admixture selected by the Contractor be further tested to determine its effect upon the strength of the concrete. When so tested, seven day compressive strength of concrete made with the cement and aggregates in the proportions to be used in the work shall be not less than 90 percent of the strength of concrete made with the same materials and with the same cement content and consistency 500-4 1 I I I u I J I I LJ El I I I I I Section 500 Concrete but without the admixture. The percentage reduction in strength shall be calculated from the average strength of at least five standard 6 inch by 12 inch cylinders of each type of concrete. Specimens shall be made and cured in the laboratory in accordance with the requirements of the latest revision of ASTM Cl 92 and shall be tested in accordance with the requirements of the latest revision of ASTM C39. 5. Admixtures. All materials other than Portland cement, water, aggregates and the specified air -entraining agent that are added to the concrete shall be subject to the permission of the Engineer. Fly ash or other admixtures may be used when permission for its use is requested by the Contractor and such permission is given by the Engineer. The Contractor shall support his request with a manufacturer's certified formulation of the proposed agent and with sufficient evidence that the proposed agent has given satisfactory results on other similar work and that the material is in compliance with all applicable ASTM and ACI standards. Additional certification that the admixture will not reduce the durability or specified strength of the concrete or reinforcing steel shall be submitted. When permission is granted for use of an admixture, no additional compensation will be made for furnishing, placing, finishing, or curing the concrete containing the admixture. In general, the use of calcium chloride as an accelerating admixture in steel reinforced concrete sections will not be approved. However, certain conditions may warrant the use of calcium chloride, in which case permission of the Engineer must be obtained by the Contractor. D. CONCRETE QUALITY Concrete shall be composed of a minimum of 6.0 standard 94 -pound sacks of Portland cement, fine aggregate, coarse aggregate, water, and an air -entraining agent proportioned in accordance with ACI 318-84 and these Specifications to meet the following criteria. Specified Compressive Strength. The specified compressive strength (f'J shall be 3,500 pounds per square inch at 28 days. 2. Air Entrainment. The total air content (entrained and entrapped air) shall be 5 percent ±1 percent. Maximum total air content on troweled flatwork protected from the elements and receiving a surface hardener shall be 3 percent. 3. Slump. Slump shall be not less than 2 inches nor more than 4 inches. E. PROPORTIONING Proportions of ingredients for concrete shall be established to provide adequate durability, workability, and proper consistency to permit the concrete to be worked readily 11 500-5 Section 500 1 Concrete I into the forms and around reinforcement under the conditions of placement to be employed, without excessive segregation or bleeding. The concrete shall also be resistant to freezing and thawing and shall be in conformance with the strength requirements set out. The criteria hereinafter set out are solely for the purpose of establishing required mixture proportions and do not constitute a basis for confirming the adequacy of concrete strength. 1. Required Average Strength Above Specified Compressive Strength. Proportions, including water -cement ratio, shall be established on the basis either of laboratory trial batches or of field experience with the materials to be employed. The proportions shall be selected to produce an average strength at 28 days exceeding the specified compressive strength by the amount indicated below, when both air content and slump are the maximums permitted by the Specifications. If watertight concrete is required, the water -cement ratio shall not exceed 0.48. a Determination of the required average strength shall be in accordance with ACI 318 'Building Code Requirements for Reinforced Concrete," except that if suitable data from trial batches or field experience cannot be obtained, permission will not be granted to base concrete proportions on the water -cement ratio limits set out in the above referenced code. it a. Past Plant Performance. Proportions may be established on the actual field performance of the ready -mix producer. Where the concrete production facility has a record, based on at least 30 consecutive strength tests representing similar materials and conditions to those expected, the strength used as the basis for selecting proportions shall exceed the required f'C by at least: 400 psi if the standard 550 psi if the standard 700 psi if the standard 900 psi if the standard 1,200 psi if the standard c deviation deviation deviation deviation leviation i is is is is ss less than 300 psi; i, 300 to 400 psi; 400 to 500 psi; 500 to 600 psi; Lbove 600 psi or unknown. Strength data for determining standard deviation shall be considered to comply with the foregoing stipulations if they represent either a group of at least 30 consecutive tests or the statistical average for two groups totaling 30 or more tests. The tests used to establish standard deviation shall represent concrete produced to meet a specified strength or strengths within 1,000 psi of that specified for the proposed work. Changes in materials and proportions within the population of background tests shall not have been more closely restricted than they will be for the proposed work. b. Laboratory Trial Batches. When the ready -mix producer does not have a record of past performance, the combination of materials and the proportions selected shall be determined from trial mixes having proportions and consistencies suitable for the work based on ACI 211.1-77. 500-6 I. Section 500 Concrete When laboratory trial batches are used as the basis for selecting concrete proportions, strength tests shall be made in accordance with "Method of Test for Compressive Strength of Molded Concrete Cylinders" (ASTM C39) on specimens prepared in accordance with "Method of Making and Curing Test Specimens in the Laboratory" (ASTM C192). A curve shall be established showing the relationship between water -cement ratio (or cement content) and compressive strength. The curve shall be based on at least three points representing batches which produce strengths above and below that required. Each point shall represent the average of at least three specimens tested at 28 days or the earlier age designation. The average strength required shall exceed the specified compressive strength by 1,200 psi. IThe maximum permissible water -cement ratio (or minimum cement content) for the concrete to be used in the structure shall be that shown by the curve to produce the average strength indicated, but in no case shall the water -cement ratio exceed 0.53 by weight, or in the case watertight concrete is specified or shown on the Plans, it shall in no case exceed 0.48 by weight. F. SUBMITTALS The Contractor or ready -mix concrete producer shall submit either: 1. one copy of each of 30 consecutive strength test results and mix design used from a record of past performance; or 2. one copy of the laboratory trial mix designs and results, and one copy of the mix design proposed for use under this contract. The Contractor shall provide and pay all costs associated with testing services for the following: 1. any testing service required by the Contractor; and 2. qualification of the proposed materials and the establishment of mix designs in accordance with AC! 318, latest revision, and these Specifications. IAdditionally, when requested by the Engineer, the Contractor shall, at his own expense, submit samples of materials proposed for use in the concrete mix, including names, sources, and descriptions. G. TESTING Materials and operations shall be tested as the work progresses. The cost of all field testing of materials and work shall be borne by the Contractor. The testing laboratory shall be one recommended by the Contractor and approved by the Engineer. 1 500-7 Section 500 !. Concrete 1. Testing will be performed generally as set out below. For each 50 cubic yards of concrete placed or for each run representing a unit or portion of a finished structure, whichever is less (i.e, footing, wall, floor slab, columns, roof slab, etc.), the following tests shall be performed: a. Composite samples shall be served in accordance with ASTM C172-71 (Reapproved 1977) "Standard Method of Sampling Fresh Concrete.' b. Mold and laboratory cure three specimens from each test required in I accordance with ANSI/ASTM C31-69 (Reapproved 1975) "Standard Method of Making and Curing Concrete Test Specimens in the Field' T c. Test the specimens in accordance with ANSI/ASTM C39-72 (Reapproved 1979) "Standard Test Method for Compressive Strength of Concrete Specimens." Two specimens shall be tested at 28 days for acceptance and one specimen shall be tested at seven days for information. d. The slump of the normal -weight concrete sample for each strength test shall be determined in accordance with ANSI/ASTM C143-78 "Standard Test Method for Slump of Portland Cement Concrete' a e. Determine the -total air content of a normal -weight concrete sample for each strength test in accordance with ANSI/ASTM C238-83 "Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method," or in accordance with ANSI/ASTM C138-77 "Standard Test Method for Unit Weight, Yield, and Air Content (Gravimetric) of Concrete.' 2. The Contractor, at his option, and under the direction of the Engineer, may secure and mold samples and perform the tests specified in ASTM C238-83, provided he has the necessary equipment for securing, molding and testing as set out in the referenced standards, and performs these tasks in strict accordance with the referenced standards. Any questions arising as to whether the tests are being performed in accordance with these standards, or whether an approved laboratory should be used, will be decided by the Engineer. H. EVALUATION AND ACCEPTANCE OF CONCRETE I 1. Strength Level. The strength level of the concrete shall be considered satisfactory if both of the following requirements are met: a. The average of all sets of three consecutive strength tests equal or exceed the specified f'c. b. No individual strength test (average of two cylinders) falls below required f'c by more than 500 psi. If either of the above requirements are not met, steps shall be taken immediately to increase the average of subsequent strength test results. 500-8 1 I Section 500 Concrete If any strength test of laboratory -cured cylinders falls below required f'c by more than 500 psi, steps shall be taken to assure that load -carrying capacity of the structure is not jeopardized. If the likelihood of low -strength concrete is confirmed and computations indicate that load -carrying capacity may have been significantly reduced, tests of cores drilled from the area in question may be required in accordance with 'Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete" (ASTM C42). In such case, three cores shall be taken for each strength test more than 500 psi below required f'c. ■ If concrete in the structure will be dry under service conditions, cores shall be air dried (temperature 60° to 80° F., relative humidity less than 60 percent) for seven days before test and shall be tested dry. If concrete in the structure will be more than superficially wet under service conditions, cores shall be immersed in water for at least 48 hours and be tested wet. Concrete in an area represented by core tests shall be considered structurally adequate if the average of three cores is equal to at least 85 percent of f'c and in no single core is less than 75 percent of f'c. To check testing accuracy, locations represented by erratic core strengths may be retested. If these criteria are not met, and if structural adequacy remains in doubt, the Engineer may order load tests for 1 the questionable portion of the structure, or take other action as he deems necessary, including non -acceptance of the structure. The cost of any additional testing to determine structural adequacy shall be borne by the Contractor. 2. Field -Cured Specimens. The Engineer may require supplementary strength tests of cylinders cured under field conditions when the adequacy of curing and protection of concrete in the structure is in question. Field -cured cylinders shall be cured under field conditions in accordance with Section 7.4 of 'Method of Making and Curing Concrete Test Specimens in the Field" (ASTM C31). Field -cured test cylinders shall be molded at the same time and from the same samples as laboratory -cured test cylinders. Procedures for protecting and curing concrete shall be improved when strength of field -cured cylinders at the test age designated for measuring f'. is less than 85 percent of that of companion laboratory- cured cylinders. When laboratory -cured cylinder strengths are appreciably higher than PC, field -cured cylinder strengths need not exceed f'. by more than 500 psi even though the 85 percent criterion is not met. 1 The cost of obtaining samples, transportation and testing shall be borne by the Contractor. H 1 500-9 Section 500 ,. Concrete I. MIXING. PLACING AND CURING CONCRETE All concrete shall be produced, mixed and delivered to the job site by a ready -mix concrete manufacturer. The Engineer will consider site mixing of concrete at the request of the Contractor. Concrete shall be mixed and placed as set out below. Before concrete is placed, all equipment for mixing and transporting the concrete shall be clean, all debris and ice shall be removed from the spaces to be occupied by the concrete, forms shall be properly coated, masonry filler units that will be in contact with concrete shall be well drenched, and the reinforcement shall be thoroughly clean of ice or other deleterious coatings. Water shall be removed from the place of deposit before concrete is placed unless a tremie is to be used or unless otherwise permitted by the Engineer. I All laitance and other unsound material shall be removed from hardened concrete before additional concrete is placed. 1. Mixing of Concrete. All concrete shall be mixed until there is a uniform distribution of the materials and shall be discharged completely before the mixer is recharged. (� Ready -mixed concrete shall be mixed and delivered in accordance with the requirements set forth in "Specification for Ready -Mixed Concrete" (ASTM C94). 2. Conveying. Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent segregation or loss of materials. Conveying equipment shall be capable of providing a supply of concrete at the site of placement without separation of ingredients and without interruptions sufficient to permit loss of plasticity between successive increments. 3. Depositing. Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The concreting shall be carried on at such a rate that the concrete is at all times plastic and will readily fill the spaces between the bars when vibrated as herein specified. No concrete that has partially hardened or been contaminated by foreign materials shall be deposited in the structure, nor shall retempered concrete or concrete which has been remixed after initial set be used. In placing, concrete shall not be allowed to drop a distance of more than six (6) feet W through free space. Tremies shall be used where the drop exceeds six feet. After concreting is started, it shall be carried on as a continuous operation until the placing of the panel or section is completed. The top surfaces of vertically formed lifts shall be generally level. All concrete shall be thoroughly consolidated by mechanical vibration during placement, and shall be thoroughly worked around the reinforcement and 500-10 1 Section 500 Concrete 1 embedded fixtures and into the corners of the forms. All vibration shall be internal and vibrating equipment shall be suitable to the Engineer. The Contractor shall provide a sufficient number of vibrators to properly compact each batch immediately after it is placed in the forms, and shall have in reserve at all times sufficient vibratory equipment to guard against shutdown of the work because of the failure of equipment in operation. 4. Curing. Concrete shall be maintained above 50° F. and in a moist condition for at least the first seven days after placing, except that high -early -strength concrete shall be so maintained for at least the first three days. Supplementary strength tests in accordance with Section 500-H.2 may be required to assure that curing is satisfactory. Curing by high pressure steam, steam at atmospheric pressure, heat and moisture, or other processes acceptable to the Engineer may be employed. Curing compounds, Visqueen, or burlene may be used if approved by the Engineer. Accelerated curing shall provide the compressive strength of the concrete at the load stage considered at least equal to the design strength required at that load stage. The curing process shall produce concrete with a durability at least equivalent to the curing method if steam or other acceptable methods are not utilized. a. Cold -Weather Requirements. Adequate equipment shall be provided for heating concrete materials and protecting concrete during freezing or near -freezing weather. No frozen materials or materials containing snow or ice shall be used. All reinforcement, forms, fillers, and ground with which the concrete is to come in contact shall be free from snow and ice. All concrete placed in forms shall have a temperature of 50° F. or higher after placement. Adequate means shall be provided for maintaining this temperature for three days. When high -early -strength concrete is used, a temperature of at least 50° F. shall be maintained for two days. In either case, additional time necessary to ensure proper curing of the concrete shall be provided as directed by the dependence shall be placed on salt or other chemicals for the prevention of freezing. Engineer. The housing, covering, or other protection used in curing shall remain intact at least 24 hours after artificial heating is discontinued. No b. Hot -Weather Requirements. In hot weather, suitable precautions shall be taken to avoid drying of the concrete prior to finishing operations. Use of windbreaks, sunshades, fog sprays, or other devices as directed by the Engineer shall be provided. Concrete deposited in hot weather shall not have a placing temperature that ' will cause difficulty from loss of slump, flash set, or cold joints. Concrete temperature shall be less than 90° F. unless higher temperatures are 1 500-11 Section 500 •i. Concrete permitted by the Engineer. J. FORMS Forms shall conform to shapes, lines and dimensions of the members as called for on the Plans, and shall be sufficiently tight to prevent leakage of mortar. They shall be properly braced or tied together so as to maintain position and shape. Unless otherwise specified, suitable moulding or bevel strips shall be placed in the angles of forms to round or bevel the edges of the concrete, as shown on the Plans or otherwise directed by the Engineer. Forms shall be removed in such a manner as to ensure the complete safety of the structure. In no case shall supporting forms or shoring be removed until members have acquired sufficient strength to support their weight and imposed loads safely. K. DEPOSITING CONCRETE UNDER WATER Concrete shall not be deposited in water except with the approval of the Engineer, and under his immediate supervision; and in this case, the method of placing shall be as hereinafter designated. I Concrete deposited in water shall be a seal or watertight concrete. To prevent segregation, it shall be carefully placed in a compact mass, in its final position, by means of a tremie, a bottom dump bucket or other approved method, and shall not be disturbed after being deposited. Still water shall be maintained at the point of deposit and the forms under water shall be watertight. For parts of structures under water, when possible, concrete seals shall be placed continuously from start to finish. The surface of the concrete shall be kept as nearly horizontal as practicable at all times. To ensure thorough bonding, each succeeding layer of seal shall be placed before the preceding layer has taken initial set. A tremie shall consist of a tube having a diameter of not less than 10 inches, constructed I in sections having flanged couplings fitted with gaskets. The tremies shall be supported so as to permit free movement of the discharge end over the entire top surface of the work and so as to permit rapid lowering when necessary to retard or stop the flow of concrete. The discharge end shall be closed at the start of work so as to prevent water entering the tube and shall be entirely sealed at all times. The tremie tube shall be kept full to the bottom of the hopper. When a batch is dumped into the hopper, the flow of concrete shall be induced by slightly raising the discharge end, always keeping it in the deposited concrete. The flow shall be continuous until the work is completed. Depositing of concrete by the drop bottom bucket method shall conform to the following specification. The top of the bucket shall be open. the bottom door shall open freely and outward when tripping. The bucket shall be completely filled and slowly lowered to avoid backwash. It shall not be dumped until it rests on the surface upon which the concrete is to be deposited and when discharged, shall be withdrawn slowly until well above the concrete. The slump of concrete shall be maintained between 4 and 8 inches. 500-12 11 Section 500 Concrete Dewatering may proceed when the concrete seal is sufficiently hard and strong. All I laitance or other unsatisfactory materials shall be removed from the exposed surface by scraping, chipping or other means which will not injure the surface of the concrete. L. FALSEWORK AND CENTERING Unless otherwise provided, detailed Plans for falsework or centering shall be supplied to the Engineer on request; but, in no case shall the Contractor be relieved of responsibility for results obtained by the use of these Plans. For designing falsework and centering, a weight of 150 pounds per cubic foot shall be assumed for green concrete. All falsework shall be designed and constructed to provide the necessary rigidity and to support the loads without appreciable settlement or deformation. The Engineer may require the Contractor to employ screw jacks or hardwood wedges to take up any settlement in the formwork either before or during the placing of concrete. fiFalsework which cannot be founded on a satisfactory footing shall be supported on piling which shall be spaced, driven and removed in a manner approved by the Engineer. Falsework shall be set to give the finished structure the camber specified or indicated on the Plans. Arch centering shall be constructed according to centering plans approved by the Engineer. Provision shall be made by means of suitable wedges, sand boxes or other devices for the gradual lowering of centers, and rendering the arch self-supporting. When directed, centering shall be placed upon approved jacks in order to take up and correct any slight settlement which may occur after the placing has begun. M. FOUNDATION PITS AND FORMS All foundation pits and forms shall be inspected and approved by the Engineer prior to placing any part of the structure and the methods employed in performing the work and all equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer. All equipment, tools and machinery used must be maintained in a satisfactory working condition. Forms shall conform to the shape, lines and dimensions of the concrete as called for on the Plans. All plane form surfaces shall be constructed so that the finished concrete surfaces will be true planes, free from waves and irregularities. Lumber used in forms for exposed surfaces shall be straight, dressed to uniform width and thickness and shall be free from loose knots or other defects. Joints in forms shall be horizontal or vertical. For unexposed surfaces, undressed lumber may be used. Lumber once used in forms shall have nails withdrawn and surfaces to be in contact with the concrete thoroughly cleaned before being used again. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. They shall be properly braced or tied together in such a manner that they will maintain their original 1 500-13 Section 500 1 Concrete position and shape under the superimposed loads and the fluid pressure of the concrete. If adequate foundations for shores cannot be secured, trussed supports shall be provided. Where required by the Technical Specifications, concrete shall be poured against waterproofed Douglas fir plywood, or waterproofed tempered hardpressed fiberboard, of a make and quality approved by the Engineer, and installed in strict conformity to the manufacturer's specifications. Forms used for backing up and otherwise supporting form lining shall have a flat surface but need not be tight. I At the top of all walls or other surfaces which are to be finished to a true line, the top of the form shall be brought to a true line and grade so that the surface may be finished by means of a float or template resting on the top edge of the form. Forms, on one side of the wall at least, shall not extend over horizontal construction joints. Flat steel bars or rods, unless otherwise authorized, shall be used for internal form ties. They shall be provided with lugs,nuts, cones or other approved devices, which will serve as spreaders or form spacers, and the ties shall have sufficient mechanical strength, stiffness and rigidity to hold the forms in proper position, spacing and alignment. The ties shall be of such design that the body of the tie will remain embedded in the concrete, with the ends of the ties not closer than 1/2 inch from the outer concrete surfaces. The ends of the embedded portion of the tie shall be provided with holes, corrugations, hooks, or other approved type of mortar clinch, and these ends shall be protected from the concrete by means of cone shaped shields of sufficient depth to provide adequate anchorage for the cement mortar plugs which shall be placed in the holes left by these shields. Wire form ties will be permitted only on light and unimportant work and with the approval of the Engineer. They shall not be used through surfaces where discoloration would be objectionable. wire ties, where used, must not be tightened by twisting, but shall be tightened by means of wedges placed outside the forms. No more initial stress is to be placed in the wire tie than is necessary to remove all slack. Shores supporting successive stories shall be placed directly over those below or so designated that the load will be transmitted directly to them. Forms shall be set to line and grade and so constructed and fastened as to provide and maintain true lines. Special care shall be used to prevent bulging. The forms for all walls should be such as to allow continuous pouring from the bottom to the top of the wall. Unless otherwise specified, suitable moulding or bevel strips shall be placed in the angles of forms to round or bevel the edges of the concrete. Bevel strips on the exposed corners of beams and girders shall be carried to the face of the beam support. Bevel strips on the exposed corners of columns shall be carried to their intersection with the edge of a beam or girder of the column. The ends of all triangle bevel strips which do not extend the full length of the corners they occupy shall be cut off on an angle of 45°. 1 Unless otherwise authorized by the Engineer, the inside of forms shall be coated with non -staining paraffin oil, or other approved material, applied before the reinforcement is 500-14 1 Section 500 Concrete placed, and all surplus oil removed from the surface of the forms by thorough wiping with soft absorbent cloths. Temporary openings shall be placed at the bottom of the column and wall forms, and at other points where necessary to facilitate cleaning and inspection immediately before depositing concrete. Forms shall not be disturbed until the concrete has adequately hardened. Shoring shall not be removed until the member has acquired sufficient strength to support its weight and the load upon ft. Members subject to additional loads during construction shall be adequately shored to support both the member and construction loads in such a manner as will protect the member from damage by the loads; this shoring shall not be removed until the member has acquired sufficient strength to support safely its weight and the load upon ft. The following table gives the minimum time which shall elapse between the time of placing the concrete and the removal of forms at various average temperatures. 1 Class of Work Above 60° 50° to 60° 400 to 50° Below 400 Walls in Mass Work 1 day 2 days 5 days Not until tests have been made indicating concrete is set. Thin Walls - 12 inches 2 days 4 days 7 days Ior less in thickness Columns - if girders 3 days 5 days 10 days are shored Bottom forms of slabs 4 days 8 days 14 days (5 foot or less span) Bottom forms of beams 14 days 20 days 28 days and girders (less than 14 foot span) If high early strength cement is used, these periods may be reduced as directed by the Engineer. When field operations are controlled by beam or cylinder tests, the removal of forms, supports and housing, and the discontinuance of heating and curing may be begun when 1 the concrete is found to have a modulus of rupture of not less than 600 pounds per square inch or a compressive strength of 3,000 pounds per square inch, provided further that in no case shall supports be removed in less than seven days after pouring the concrete. The beams of cylinders shall be cured under conditions which are not more favorable than the most unfavorable conditions for the portions of the concrete which 1 500-15 Section 500 ,. Concrete I they represent. Form work in buildings should be so designed that the column forms may be removed without in any way disturbing the supports of the beams or girders, in order than any defect in the column may be detected and remedied before any load is placed on the column. Dimensions of all forms shall be carefully checked by the Contractor and the Engineer after they are erected and before the concrete is placed. The Contractor will be held responsible for the accuracy of all construction. N. CONSTRUCTION JOINTS Construction joints shall be made only where located on the Plans or shown in the placing schedule, unless otherwise approved by the Engineer. If not detailed on the Plans, or in the case of emergency, construction joints shall be, placed as directed by the Engineer. Shear keys or inclined reinforcement shall be used where necessary to transmit shear or bond the two sections together. Waterstops shall be placed as shown on the Plans and shall conform to requirements I specified elsewhere in these Specifications. O. HONEYCOMBING All concrete which, upon removal of the forms, is found to be porous or •honeycombed" shall be immediately cut out and removed entirely from the body of the concrete. The I parts removed shall extend not less than 1 inch back of the reinforcement steel where such steel is present in the concrete face which is being repaired, removing sound concrete, it necessary, to obtain this depth. If reinforcement steel is not present, the parts removed shall extend into the concrete not less than 3 inches and the opening dovetailed in such a manner that the new concrete filling will be securely anchored. In replacing concrete so removed, forms shall be built with a spout or hopper outside the I concrete surface, which shall be filled with fresh concrete to a point not less than 12 inches above the top of the hole caused by removing the porous concrete. The fresh concrete shall be properly bonded to the old concrete surfaces, as hereinbefore specified, and shall be well puddled. The hopper shall be removed after the concrete has hardened and within 24 hours after the concrete is placed, the excess concrete carefully cut away, and the surface pointed and rubbed smooth. Concrete used in replacing porous concrete shall be protected from premature drying. Where the structural integrity of the structure may be in question due to honeycombing, the Engineer shall decide the appropriate action. P. FINISHING CONCRETE Face forms shall be removed as soon as practicable in order to facilitate finishing the I 500-16 ii Section 500 1 Concrete concrete surfaces. Care shall be taken to avoid roughening or injuring corners, and to keep all edges sharp. Immediately after the forms are removed, any fins or other projections shall be carefully removed, rough spots in the faces of the walls and any broken corners or edges shall be repaired and all bolt holes shall be plugged and entirely filled with mortar containing one part by volume of cement and two parts by volume of sand screened over a No. 8 screen. Pointing shall be brought smooth with the surface by means of a wooden float. A steel trowel shall not be used to finish the surface. Plastering will not be permitted. After the pointing has set sufficiently to permit it, all exposed surfaces on outside walls above finished grade and inside walls in tanks above the normal liquid level and inside walls of structures shall be thoroughly wetted and rubbed with a medium carborundum stone followed by a second rubbing with a fine carborundum stone to obtain an entire surface of a smooth texture and uniformity in color. A cement wash or plaster coat shall not be used. Particular attention is called to the fact that the tops of all walls shall be finished true to line and grade. The finish shall match the wall finish. Floors, sidewalks, and other exposed wearing surfaces which require finishing shall be poured against carefully set screeds and troweled smooth with power operated trowels. Excess water shall be drained away or otherwise removed. The final finish with a steel trowel shall not be made until the cement has acquired its initial set. No more troweling shall be done than is necessary to obtain a smooth surface. The top surfaces of walks shall be finished with a light broom or brush and an edging tool instead of a trowel. Sidewalks shall be laid out in blocks with an approved grooving tool as shown on the Plans or as directed by the Engineer. Care must be taken to avoid drawing an excess of cement to the surface of floors or walks. Dry cement or a dry mixture of cement and sand shall not be sprinkled directly on the surface. Floors shall be marked at the direction of the Engineer. Care shall be taken that all floor surfaces drain properly and that the grooving tool does not raise the surface of the floor and form pockets which do not drain. Floor requiring a mortar wearing coat will be so indicated on the Plans. Alternate or additional finishing specifications may be set out elsewhere on the Plans or in the Specifications. I END OF SECTION I L 1 500-17 ISection 590 Reinforcing Steel I TECHNICAL SPECIFICATIONS REINFORCING STEEL A. GENERAL The work to be included under this section includes providing all materials, labor, tools, equipment and incidentals necessary for furnishing and placing all reinforcing steel of the shape and dimension shown on the Plans and as specified. Miscellaneous metals are also specified in this section. 1 B. MATERIALS 1. Bar Reinforcement. Bar reinforcement for concrete shall be of the deformed type and shall conform to either of the standards below: a. ASTM A 615-82, "Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement " 11 L Fl I I fl I b. ASTM A 617-82a, "Standard Specification for Axle -Steel Deformed and Plain Bars for Concrete Reinforcement." All reinforcing bars shall be Grade 60 as defined in the above referenced standards, unless otherwise shown on the Plans. 2. Welded Wire Fabric. Unless otherwise shown on the Plans, welded wire fabric shall mean smooth type welded wire fabric conforming to the requirements of ASTM A 185, "Welded Wire Fabric for Concrete Reinforcement." The wire used in the manufacture of the fabric shall conform to ASTM A 82, "Cold Drawn Steel Wire for Concrete Reinforcement." 3. Bar Mat Reinforcement. Deformed bar mat reinforcement for concrete shall conform to the requirements of ASTM A 184, "Fabricated Deformed Steel Bar Mats for Concrete Reinforcement." 4. Structural Shapes. Structural shapes used as reinforcement in concrete shall conform to the requirements of ASTM A 6 and A 36, and to the AISC "Manual of Steel Construction" specifications. 5. Wire Bar Supports. Bar supports shall be wire bar supports conforming to the requirements for Class 1 (plastic protected bar supports) or Class 2 (stainless steel protected bar supports) contained in the "Manual of Standard Practice" of the Concrete Reinforcing Steel Institute. C. FABRICATION Bent bars shall be cold bent by the fabricator to the shapes shown on the Plans, and 1 unless otherwise authorized by the Engineer, hooks and bends shall be made in Li 590-1 Section 590 1 Reinforcing Steel accordance with ACI 318, latest revision, °Building Code Requirements for Reinforced Concrete." Bar reinforcement shall be shipped in standard bundles, tagged and marked in accordance with the "Manual of Standard Practice" of the Concrete Reinforcing Steel Institute. D. ORDER LISTS Before ordering material, all order lists and bending diagrams shall be furnished by the Contractor for review by the Engineer, and no materials shall be ordered until such lists and bending diagrams have been reviewed. The review of order lists and bending diagrams by the Engineer shall in no way relieve the Contractor of responsibility for the correctness of such lists and diagrams. Any expense incident to the revision of material furnished in accordance with such lists and diagrams to make it comply with the design drawings shall be borne by the Contractor. Unless otherwise noted, all dimensions relating to reinforcing steel are to center of bars. E. PLACING AND FASTENING All steel reinforcement shall be accurately placed in the positions shown on the Plans I and firmly held during the placing and setting of concrete. When placed in the work, it shall be free from dirt, detrimental rust, loose scale, paint, oil or other foreign material which may destroy or reduce bond. Bars shall be tied at all Intersections except where spacing is less than 1 foot in each direction when alternate intersections shall be tied. Distances from the forms shall be maintained by means of approved stays, concrete I blocks, ties, hangers, or other approved supports, except that reinforcing in superstructure shall be supported by metal chairs and bar supports. Blocks for holding reinforcement from contact with the forms shall be precast mortar blocks or metal chairs as specified. Layers of bars shall be separated by metal bar supports or by other equally suitable devices. The use of pebbles, pieces of broken stone or brick, metal pipe and wooden blocks shall not be permitted. Reinforcement in any member shall be placed I and then inspected by the Engineer before the placing of concrete begins. If fabric reinforcement is shipped in rolls, it shall be straightened into flat sheet before f placing. No bars partially embedded in concrete shall be field bent except when specifically permitted by the Engineer. F. SPLICING All reinforcement shall be furnished in the full lengths indicated on the Plans. Splicing of bars, except where shown on the Plans, will not be permitted without the written approval of the Engineer. Splices shall be staggered as far as possible. 590-2 I Section 590 Reinforcing Steel 1 Unless otherwise shown on the Plans, bars shall be lapped 40 diameters to make the splice. In lapped splices, the bars shall be placed in contact and wired together in such a manner as to maintain the minimum distance to the surface of the concrete shown on the Plans. Welding of reinforcing steel shall be done only if detailed on the Plans or if authorization is made by the Engineer in writing. Welding shall conform to the current specifications for Welded Highway and Railway Bridges of the American Welding Society. G. LAPPING D Sheets of welded wire fabric or bar mat reinforcement shall overlap each other sufficiently to maintain a uniform strength and shall be securely fastened at the ends and edges. The lap shall be as shown on the Plans, but in no case less than one mesh in width. H. SUBSTITUTIONS Substitutions of bars which differ in size from that shown on the Plans will be permitted only with specific authorization by the Engineer. If steel is substituted, it shall have an area equivalent to the design area or larger. I. METHOD OF MEASUREMENT When a separate bid item is included in the proposal for reinforcing steel, reinforcing steel placed and accepted in concrete for structures will be measured in pounds based on the total computed weight for the sizes and lengths of bars, mesh or mats as shown on the Plans or authorized. The weight of mesh will be computed from the theoretical weight of plain wire. If the weight per square foot is given on the Plans, that weight shall be used. The weight of plain or deformed bars or bar mat will be computed from the theoretical weight of plain round bars of the same nominal size as shown on the following table. Size Weight Pounds Number Round Bars Per Foot 2 0.250" 0.167 3 0.375' 0.376 4 0.500" 0.668 5 0.625' 1.043 6 0.750' 1.502 7 0.875' 2.044 8 1.000' 2.670 9 1.128 3.400 10 1.270' 4.303 11 1.410' 5.313 The weight of all reinforcement used in railings, when they are paid for on a linear foot basis or included in other bid items, shall not be included. The weight of reinforcement in precast piles, reinforced concrete masonry units, and other items where reinforcement is included in the contract price for the item shall not be included. I 1 590-3 Section 590 I!, Reinforcing Steel I No allowance will be made for clips, wire, separators, wire supports, and other material used in fastening the reinforcing in place. If bars are substituted upon the Contractor's request, and as a result, more steel is used than specified, only the amount specified shall be included. When laps are made for splices, other than those shown on the Plans, for the convenience of the Contractor, the extra steel shall not be included. J. TESTING The Contractor shall furnish to the Engineer, prior to delivery of materials, the manufacturer's affidavit stating that all materials conform to the requirements of these Specifications, and that all tests specified herein have been performed and that all test requirements have been met. a END OF SECTION I 1 III S 11 T 590-4 I Section 1200 Payment I TECHNICAL SPECIFICATIONS METHODS OF MEASUREMENT AND PAYMENT A. GENERAL Methods of measurement and payment as set out in the Specifications covering the various items of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in the applicable section of the Specifications shall govern. Payment for all work under this contract shall be made at the lump sum prices bid under the various items of the Bid as hereinafter set out. I I I I I I I !1 H I l ii Bid Item 1 - Grading and Drainage Improvements Payment for this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for furnishing all materials, tools, equipment and labor for site preparation including clearing and grubbing, excavation and disposal of unsuitable material, furnishing and placement of engineered fill, construction of storm drainage system including reinforced concrete pipe and corrugated metal arch pipe, inlet structures, junction box and associated headwalls and flared end structures, topsoil, seeding and mulch, solid sod, stone riprap, and all items required for a complete installation. Bid Item 2 - Trench or Excavation Safety System Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. END OF SECTION 1200-1