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HomeMy WebLinkAbout111-98 RESOLUTION• RESOLUTION NO 111- 9 8 A RESOLUTION AWARDING BID NO. 98-57, IN THE AMOUNT OF $59,649, PLUS A CONTINGENCY AMOUNT OF $12,000, TO SWEETSER CONSTRUCTION, FOR THE LAKE LUCILLE SPILLWAY REPLACEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby awards Bid No. 98-57, in the amount of $59,649, plus a contingency amount of $12,000, to Jerry D. Sweetser, Inc., d/b/a Sweetser Construction, for the Lake Lucille Spillway Replacement Project; and authonzes the Mayor and City Clerk to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. . PASY.11)ISED AND APPROVED this 18th day of August , 1998. gi r •moi `^'', APPROVE ^ S -;r' :r - B _• %vs, t'•.....•... ,. ATT'Esre.000i."yPor / . By: �,r,..yA . /i�xxX HeatherlWoodruff, CiClerk 1 Fred Hanna, Mayor 111 1, 1� 1. 1 1. 1 1 1 1 1 1. I MICROFILMED DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS LAKE LUCIJ.J.F SPILLWAY REPLACEMENT BID NO. 98-57 July 1998 OPENING: AUGUST 3, 1998, 2:00 PM, ROOM 326 CITY HALL, 113 WEST MOUNTAIN STREET FAYETTEVII J F, ARKANSAS 6r.ti x,."07-4 Gy 1 • P,..s S 41 E; "' k•. ,.T< la C4 t 6.1.,,''-c.6 c .1 CL3 v ‘4.a.PNAI D,R ACORD • CERTIFICATE --- Agency Rd, Suite AR 72703 Davis Fax No. OF :LIABILITY INSURANCECSR sP DK. OA /DDrrY) 08/31/98 PRODUCER Eason Insurance 2340 Green Acres P.O. Box 4217 Fayetteville Robert Michael Phone No. 501-521-2233 --- #10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Bituminous Insurance Co. INSURED Jerry Sweetser, Inc. 590 W. Poplar Fayetteville AR 72703 COMPANY B COMPANY C COMPANY D COVERAGES:-.:.:"- - - - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDf/Y) POLICY EXPIRATION DATE (MM/DD/YY) UMTS A GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS MADE B CONTRACTOR'S LIABILITY OCCUR PROT CLP2306793 10/30/97 10/30/98 GENERAL AGGREGATE S 2,000,000 X PRODUCTS - COMP/OP AGG 52,000,000 1 X PERSONAL 8 ADV INJURY S 1 , 000 , 000 OWNER'S EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one fire) S 100,000 MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS CAP2508583 10/30/97 10/30/98 COMBINED SINGLE LIMIT S 1 , 000 , 000 X BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM CUP2520052 10/30/97 10/30/98 EACH OCCURRENCE S 1000000 X AGGREGATE 52000000 S A WORKERS COMPENSATION EMPLOYERSLIABILITY THE PROPRIETOR/ PARTNERS/EXECLMVE OFFICERS ARE: AND INCL EXCL WC3017427 10/30/97 10/30/98 WORV LIMRS OTH- ER EL EACH ACCIDENT S 100,000 ELDISEASE-POLICYUMTT 5500,000 EL DISEASE - EA EMPLOYEE S 100,000 OTHER DESCRIPTION LAKE OF OPERATIONS&OCATONSNEHICLES/SPECIAL ITEMS LUCILLE SPILLWAY REPLACEMENT JOB CERTIFICATEHOLDER: "... - _.,. .. _.... ........... .. - CIT1O10 CITY OF FAYETTEVILLE 113 W. MOUNTAIN ST. FAYETTEVILLE AR 72701 ACORD 25-S 0195) -`, ._ - - - - - CANCELLATION SHOULD ANY EXPIRATION 10 DAYSWRTITEN . - .... ... .:.: -- OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILTTY UPON THE COMPANY. ITS AGENTS OR RERRESENTATIVES. BUT FAILURE OF ANY KIND AUTHORIZED REPRESENTATIVE Robert Michael Davis .... ........ ._ .ACORDtORPORATION'1988:..: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contract 158 (Arkansas) (11-89) yWWW11111 /+del (t/U1111 /C:W4t((GVl fl7Jl1} UL1AMI11 U(< riNWIN) I1k311i'IJ(IfCalli> W4lig NNW�11i G tYIVA AWM41 N4-'-- t t UAIANTY COMPANY a heirs, and is may all such this action with or the it, or and Surety -,pEunya „ ., STATES State Surety, FlftyzNine..Thousand. Principal and contract if the the default, or performed Principal bond the (b) from the performance other personal exceed STALES UNITED STATES EG®EL9.I`: 4;r -lay 1 (A Stock Company) ARKANSAS STATUTORY PERFORMANCE We Jerry.. P...SWCRL.9f-.r...Z,r}C, as Principal, hereinafter called Principal, and UNITED coroporation organized and existing under the laws of the in the State of Arkansas, as Surety, hereinafter called City of Fayetteville.,.Arkanaas as Obligee, hereinafter called Owner, in the amount of . For tx. Nine .Dollars . and .00%1.00 Dollars ($.59,649.00 ), for the payment whereof personal representatives, successors and assigns, jointly Principal has by written agreement dated with Owner for furnishing all labor and materials Replacement, Fayetteville, Arkansas. which hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that on his part and shall fully indemnify and save harmless suffer by reason of failure so to do and shall fully reimburse which the Owner may incur in making good any such persons all indebtedness for labor or materials furnished persons shall have a direct right of action against the obligation, subject to the Owner's priority, then this obligation in full force and effect. No suit, action or proceeding shall be brought on this or proceeding shall be brought on this bond except by A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 proceeding shall be brought by the Owner after two years Contract falls due. AND PAYMENT BOND FIDELITY AND GUARANTY COMPANY, of Maryland and authorized to do business are held and firmly bound unto Six. Bundred..and. and Surety bind themselves, their severally, firmly by these presents. entered into a contract for Lake Lucille Spillway is by reference made a part hereof, Principal shall faithfully perform the Contract Owner from all cost and damage which he and repay the Owner all outlay and expense and, further, that if the Principal shall pay under said Contract, failing which and Surety, jointly and severally, under shall be null and void; otherwise it shall remain outside the State of Arkansas No suit, Owner unless it is brought in accordance (Supp. 1987) as amended. No suit, action the date on which final payment under Contract, or in the work to be done under of the Contract, or any other forberance shall not in any way release the Principal representatives, successors or assigns of any such alteration, extension or forbearance the sum set out herein. 19 Jerry ,r, S etser, In_c., . Principal ,' esident p� 2FIDE ITY ,AND GUARANTY COMPANY Any alterations which may be made in the terms of the giving by the Owner of any extension of time for the on the part of either the Owner or the Principal to the the Surety or Sureties, or either or any of them, their heirs, from their liability hereunder, notice to the Surety or Sureties being hereby waived. In no event shall the aggregate liability of the Surety Executed on this day of By UNITED ,09* -� . za_ Robert M.: Davis Attorney-in-fact "91hf(lklC IA11R°J1RIfS(M:' IfiftWAIIIMAMOMIlikkAMe `_:' .:: >r` .,;ic lull(Utininankik'MP10i" f11f4 ✓iTif Contract 158 (Arkansas) (11-89) 1 1 1 1 1 1. 1 1 1 1 1 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 106636 1130962 +?GSFIGSS KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint A.P. Eason, Jr. and Robert M. Davis ofthecityof Fayetteville ,Stare of Arkansas its true and lawful Attomey(s)-in-Fact. each in their separate capacity if more than one is earned above, to sign its name as surety to, and to execute, seal and acknowledge soy and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; sad exerting or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Via President and Assistant Secretary, this 22nd day of January , A.D. 1993 UNITED STATES FIDELITY AND GUARANTY COMPANY St j y/ l'1,44. „{i,, a\��i4F C+., ver.,.i. / (Signed) By /�•c. ¢. '_ �'.+ (Signed) By Senior Via President °e: 'r .� $ *Assistant Secretary STATE OF MARYLAND) SS: 4 BALTIMORE Ct1Y ) 115 .OS) Ontbis22nd dayof JanuaryA.D.1993,beforemepersomaltycame Robert J. Lamendola Senior Via President of tbc UNITED STATES FIDELITY AN ..GUARANTY COMPANY=andl* Paul D, Sims ,Assistant Secretary of said Company, with both of whom I am personnallly,sc`quaintcd, who being'b3rh severally duly s�womW, said that they, the said Robert J . Lamendola and Paul D.�.”` Sms ? were respectivelythe Senior Via President and the Assistant Secretary of r?� fc the said UNITE) STATES FIDELITY AND GUARANTY COMPANY. the cofporarion described in:and ail/Which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the'aeil>iffxed to sand Pov9ofd'tiomey was such.cotponte seal, that it was so affixed by order of the Board of Directors of said corporation, and that t.t le v' 'G - w r tpo they signed their Dames thereto by like older ss Senior Via PrMerident and Assistant Secretary, respectively, of the Company. My Commission expires the llth daayy in//C/.' l4archf .. ,N` A:D.I99955. ed)✓ Y.✓F!� -`-Ss.' AeN. (Sig¢ � ,48‘‘a (5‘) NOTARY PUBLIC This Power of Attorney is granted under and bytuthhority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septembl r 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Via President, ora Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and otber writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by suck facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in•Fact shall have the power and authority, unless subsequently revoked and, in any case subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDEIIIY AND GUARANTY COMPANY, do hereby cenity that the foregoing is a true excerpt from the Resolution of the said Conipany as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effort. L the undersigned Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. , In Tedimony Whereof, I have hereunto set my band and the seal of e l NCIED STATES FIDELITY AND GUARANTY COMPANY on this day of . 19 ma a FS 3 (10-92) K•� Assistant Secretary 43.1t "kv f - Table of Contents 1. Advertisement for Bids 3 2. Instructions to Bidders 4 3. Statement of Bidder's Qualifications 12 4. Bid Proposal 14 5. Contract 17 6. Form of Arkansas Performance and Payment Bond 19 8. Standard General Conditions of the Contract 21 9. Supplement to the General Conditions 22 10. Detailed Specifications 25 Part I, Contract Stipulations 26 Part II, Material Specifications 32 Part III, Construction Specifications 34 2 ADVERTISEMENT FOR BIDS Lake Lucille Spillway Replacement Bid No. 98-57 City of Fayetteville, Arkansas Sealed bids for the Lake Lucille Spillway Replacement will be received by the City of Fayetteville, Arkansas in Room 326 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas 72701, until 2:00 p.m. local time on August 3, 1998 and then at said office publicly opened and read aloud. The proposed work consists of the concrete work mvolved in removing the existing spillway and replacing it in place. The quantity of structural concrete involved is approximately 103 cubic yards The Contract Documents, including detailed plans and specifications for the work may be exammed and obtained at the City of Fayetteville Engineering Office, Room 004, City Admmistration Building, 113 West Mountain Street, Fayetteville, Arkansas. Each bid must be accompanied by a cashier's check or surety bond in an amount of five (5) percent of the whole bid Said bond shall be issued by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power of attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract, the owner shall retain said check or bond as liquidated damages. All bids shall be sealed and the envelope addressed to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701, and clearly marked on the bid envelope shall be the following information: The Bid Number, the project title, the date of the bid opening, the time of the bid opening, and the bidding contractors's name and license number. All bidders shall be licensed under the terms of Act 150 of the 1995 Acts of the Arkansas Legislature. No bidder may withdraw his bid within sixty (60) days after the actual date of bid opening. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities as deemed to be in the best interest of the City of Fayetteville. 3 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 shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, cis distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" will mean the lowest, qualified responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to the receipt of Bids). 2. Copies of the Bidding Documents. Complete sets of the Bidding Documents in the number and amount, in any, stated in the Advertisement to Invitation to Bid may be obtained from the Engineer upon request. Complete sets of Bidding Documents must be used in preparing Bids. Neither the Owner nor Engineer assumes any responsibility for error or misunderstandings resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders. When mcluded with, and made a part of the Bid Proposal the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award. 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of each Bidder before submitting a Bid, to: (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (c) consider all Local State and Federal Regulations and Laws which may affect cost, progress, safety, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and 4 (e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4 2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner nor Engineer does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing site conditions appear in Article 4 of the General Conditions and any associated Supplementary Conditions. 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain to the physical conditions of the surface and subsurface at, or contiguous to the site or otherwise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 Upon request in advance, the Owner will provide each Bidder access to the site to conduct any observations, explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall be required to fill in all holes and to restore all property to its former condition. 4.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. 4.7 The Bidder must satisfy themselves of the accuracy of the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been submitted, the Bidder shall not assert that there was any rmsunderstcmding concerning the quantities of Work or the nature of Work to be performed. 5 4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that he has complied with every provision and requirement of this paragraph four, that without exception the Bid is premised upon performing and furnishmg the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 5. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary by the Owner or Engineer, will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for questions and clarifications for this specific project is Don Bunn, P E., City Engineer (501) 575-8206. 6. Bid security. Each Bid must be accompanied by Bid security made payable to the Owner in an amount of five percent (5%) of the Bidder's total maximum bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed and included) issued by a surety meeting the requirements of the General and Supplementary Conditions The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of Agreement or the 61st day after the Bid opening, whereupon the Bid secunty furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number of days within which, or the dates by which, the Work is to be substantially completed are as set forth in the Bid Proposal, Contract Agreement and Technical Specifications. 8. Liquidated Damages. Provisions for liquidated damages, if any, cue set forth in the Bid Proposal and/or the Contract Agreement. 6 9. Substitute or "Or -equal" items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitutes or "or -equal" items. Substitute or "or -equal" items of matenals or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer Application for acceptance for possible substitutes or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application is set forth in Article 6.7 of the General Conditions or as may be specified in the Supplementary Conditions. 10. Subcontractors. Suppliers and Others. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner and Engineer. Nor will the Contractor allow any subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as required by the Contract Documents. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set forth in the Contract Documents including the Plans, Specifications, Contract and Bond(s). 11. Bid Proposal Form. 11.1 M bids must be made on the required Bid Proposal form contained in the Bidding Documents. Additional copies may be requested from the Engineer. 11.2 M blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. 11.3 Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must also be shown below the signature. 11.5 All names must be typed or clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 11.7. The address and telephone number for communications regarding the Bid must be shown. 12. Submission of Bids. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left portion with the Project Title, Bid Number, Date of the bid opening, time of the bid opening, bidding contractors' name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate sealed envelope with the notation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. Modification and Withdrawal of Bids Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at cmy time prior to the opening of Bids. Such modification document shall bear an original signature. If, within 24 hours after the opening of Bids, any Bidder files a duly signed, wntten notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Opening of Bids. Bids will be opened and publicly read aloud at the lime and location as specified in the advertisement of mvitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 15. Bids to Remain Subiect to Acceptance. All Bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, at its sole discretion, release any Bid and return the Bid security prior to that date. Additionally, if deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 16. Award of Contract. 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes to the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids The Owner further reserves the right to reject the Bid of 8 any Bidder if the Owner believes that if would not be in the best interest of the Project or Owner to make award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability, or of doubtful past performance, or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in the favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum 16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates unit prices, and other data, as may be requested in the Bid Proposal Form. 16.3 Owner may consider the qualifications and experience of the subcontractors, supphers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided for in the Contract Documents. Owner may also consider the operating costs, mamtencmce requirements, performance data and guarcmtees of major items of material and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability if Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time 16.5 if the contract is to be awarded, it will be awarded to the lowest responsive, responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that the award will be in the best interests of the Project and Owner. 16.6 if the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 17. Contract Security. Article 5 of the General Conditions, and the associated Supplementary Conditions set forth the Owner's requirements as to Performance cmd Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 9 18 Signing of Agreement. When the Owner gives the Contractor notice of its intent to deliver to the City Council a recommendation to award the Contract, the Contractor shall sign a copy of the Contract with the required notary and witnesses. The Owner shall include that signed Contract with the Council Agenda. Once the Council has authorized the Mayor and City Clerk to execute the Contract, the Contractor shall, within 10 calendar days, sign, execute and deliver three (3) counterparts of the Contract and attached documents to the Owner with the required Bonds. Within ten (10) days thereafter Owner will deliver one fully signed and executed Contract to the Contractor. 19. Compliance with State Licensing Law. Contractors must be licensed in accordance with the requirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit evidence of having a contractor's license before their Bids will be considered, and shall note their license number on the outside of their bid envelope 20. Labor Laws. The Contractor shall abide by all Federal State and Local Laws and Regulations governing labor The Contractor shall further agree to hold and save the Owner harmless from the payment of any contribution under the Stcrte Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas Stcrte Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. Wages and Labor Minimum wage rates shall be equal to the basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In cases where wage rate determinations are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, the Contractor shall make use of local common and/or skilled labor as is practical The Contractor and each subcontractor, where the amount exceeds $75,000.00 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14 630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor, 2) post the scale of wages in a prominent and easily accessible place at the site of the Work, 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages pcad to each of the workmen, which records shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. 10 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 workman employed by the Contractor or subcontractor has been, or is being paid a rate of wages less that the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate the Contractor's right to proceed with the Work or such part of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be hable for any costs occasioned thereby. 22. Compliance with Act 125, Arkansas Acts of 1965 The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965 This act provides for the payment of certain taxes on materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept of Finance and Administration, P.O. Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 25. Subcon ractors Bonds - Act 190, Arkansas Acts of 1993. The attention of Bidders is called to the provisions of Act 190, Arkansas Acts of 1993 In general, this act provides for the subcontractors to provide to the General Contractor performance and payment bonds, with certain regulations on form and time, when the subcontractor's bid is in excess of $50,000.00. 26 Excavation Safety. The attention all Bidders is called to the requirements of Act 291, Arkansas Acts of 1993 - Excavation and Trench Safety. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated by reference and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. 11 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered cmd the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate sheets and then attached to this statement. The Bidder may submit any additional information that he desires. 1. Name of Bidder. JERRY D. SWEETSER, INC 2. Permanent main office address and telephone number. POPI-AR 3. When organized. FAy�ILLE. AR 72709 / 96 7 4. If a corporation, where incorporated. ARKANSAS 5. Contractor's License number©Og 74763 I9 6. How many years have you been engaged in the contracting business under your present firm or trade name? 3 7. Contracts on hand. (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completions, and a point of contact for references.) 8. Have you ever failed to complete any work awarded to you? ND 9. Have you ever defaulted on a contract? If so, where and why? jvD 10. Experience in construction similar in size and scope to this project, along with the project owners and engineers. iUe„ to!///z.dv ,*N betZe .-s o. G/s%,FfzsQ 11. List of major equipmer3t available for this contract. 12. You will, upon rdquest, fill out a detailed financial statement, including credit worthiness, and furnish any other information that may be required by the Owner. NO 12 STATEMENT OF BIDDER S QUALIFICATIONS (Continued). J55 WEST POPLAR FAYET,'TEVILLE, AR 72703 Dated at this day of , 19_78 Name of Organization: JERRY D. SWEETSER, INC, By: WILLIAM G. SWEETSER Title: PRESIDENT State of ARKANSAS County of goSline gA7 WILLIAM G. SWEETSER being duly sworn deposes and says that he (she) is the PRESIDENT of JERRY D, £WEETsE C . Contractor(s), and that answers to the foregoing questions and all statements` therein contained are true and correct. Subscrib an. s before me this3Ld day of /4i/,fu.Sf 9g a AL a EFIRNME BOWERMAN OTARY PUBLIC -ARKANSAS PPON'UN/a M My commission �' M8 CO Ali. r.: 106 (seal) 13 BID PROPOSAL, BID 98-57 LAKE LUCII IF SPILLWAY REPLACEMENT (A Unit Price Contract) Place C/ Date r� /jt%// fiern >7ir Proposal of JERRY i% SWEETSER, INC hereinafter called Bidder• operating as a Corporation ii (], a Partnership [ ], or an Individual [ ] (check applicable box). If Bidder is a Corporation, the corporation is organized and exists under the laws of the State of KANSAS TO THE CITY OF FAYEITEVIJ.i.F, ARKANSAS: The Bidder, in compliance with your Invitation to Bid for the Lake Lucile Spillway Replacement, having examined the Plans and Specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to construct the project in accordance with the Contract Documents within the time set forth therein, and at the Unit Prices stated in this Proposal The Unit Prices given shall cover all expenses incurred in performing the work required under the Contract Documents, of which this Proposal is a part. Bidder agrees to commence work under this Contract in accordance with a written Work Order of the City Engineer and to substantially complete the work w'ithu'57 calendar days from the date given in the Notice to Proceed. Bidder further agrees to pay as liquidated damages (and not as a penalty), the sum of ($1500.00 per.day in the event the project is not substantially completed within the time specified. Bidder acknowledges the receipt of the following Addenda: 14 BID PROPOSAL, BID 98-57 (Cont'd) )aid Ouantity and Unit Price Schedule ITEM DESCRIPTION UNIT PRICE NO. OF WORK ITEM (Figures and Words) EXTENSION off/ 1. 103 Cu. Yds. ($ anal. /ITRFE 1�w izt l/oD s3' �1�0. Structural Concrete in Place 2. 100 Cu. Yds. ($ 02 /.CV) 7w w7/ 1ovE. /o02400 et° Washed Gravel in Place 3. 160 Tons ($ ,/O 5/ylE(4/ .:14 70. 5 /� Class 7 Base Under the Spillway Structure 00 4. 85 L.F. ($ ?(J• ) brie ' aF5 10" PVC Sewer in Place to 5. 22 L.F. ($.3 b ) 6" PVC Sewer in Place 6. 2 Each ($SGY�•) Connections to Existing Manhole co 7. 3 Cu. Yds. ($ ISO. ) Concrete for Encasement 8, 40 Cu. Yds. ($ 02 ) ralewr 4,zz Bedding and Backfill Material for Sewers tan - 9. 1 Each ($ / %8) /U/Mace LAN02iD function Box and " RCP 10. 1 Lump Sum ($ 99(7O.) Awe /fferis b Demolition 1 Lump Sum ($1/Pc23T) fota /�Ss#ie Site Restoration 12. 1 Lump Sum ($3 I00 ) TE lldl+axer Trench Safety TOTAL BID PRICE $ J eve s-� 11. ./980- 300 4 15 BID PROPOSAL, BID 98-57 (Cont'd) AMOUNTS ARE TO BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCY, THE AMOUNT SHOWN IN WORDS SHALL GOVERN NOTE: The cost of all work described in the specifications and shown on the plans or otherwise indicated or implied shall be included in the Lump Sum and Unit Prices shown above and no work will be pmd for separately. Bidder shall prepare a financial statement and equipment schedule as described in Paragraph I of the Instructions for Bidders. Such statement shall be submitted with this Proposal Bidder understands that the Owner reserves the right to reject any or all bids cmd to waive formalities in the bidding. Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days from the date set for receiving Bids. Upon receipt of notice of acceptance of this Bid, Bidder will immediately execute the formal Contract attached within and deliver to the City a Surety Bond or Bonds as required in the Specifications along with Certificates of Insurance. The Bid Security attached in the sum of Five (5) percent of the Total Bid is to become the property of the Owner in the event the Contractor is unable to enter into a Contract within 10 days from the time of Bid Award notification. SEAL (if corporation) JERRY D. SWEETSER; INC, Submitted by: WILLIAM G. SWEETSER If awarded the work, the following subcontractors will be used 16 • • CONTRACT. BID 98-57 1 THIS CONTRACT executed this _ day of , 1998 by and between The City of Fayetteville and , the Contractor: For and in consideration of the payments to be made as hereinafter set forth, the Contractor agrees to furnish all tools, labor, equipment, materials, and supplies required to construct the improvements described as I LAKE LUCILLE SPILLWAY REPLACEMENT for the City of Fayetteville, Arkansas, in exact accordance with the City's Plans and Specifications for said improvements and the Contractor's Proposal on file at the Office of ' the City Engineer, which Documents are incorporated by reference hereto, subject to the inspection of and to the complete satisfaction of the City. 1. The City agrees to pay and the Contractor agrees to accept as full and final compensation for all work done under this agreement, the Unit Prices and Lump Sum Prices named in the Contractor's Proposal, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 2. The Contractor agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. Time is expressly made of the essence of this Contract. lithe Contractor fails to complete the work in the time specified he shall pay to the City, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the damages specified in the Proposal for each day delayed, which shall be deducted from the final amount to be paid under the Contract. Extensions of time may be granted with waiver of liquidated damages as provided for in the Specifications. 3. The Contractor agrees to furnish a Bond, with Surety approved by the City and authorized to do business in the State of Arkansas, guaranteeing the performance of this Contract, for not less than one hundred (100) percent of the amount of this Contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion. I 1 17 1 Contract Bid 98-57 Lake Lucille Spillwcxy Replacement (Cont'd) 4. The Contractor agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workman's Compensation Insurance in amounts as required by these Specifications and by State Law. WITNESS OUR HANDS THIS DAY OF__ 9.8 Attest: aye,� tteville City Clerk (Seal) Corporate Seal (if any) CITY OF FAYEITEVILLE By red Hanna, Mayor CONTRACTOR JERRY D. SWEETSER, INC. Cotor Nome By PRESIDENT Name and Title WILLIAM G. SWEETSER Jerry D Sweetser Inc 59n W Poclar Fayetteville, AR 72703 , (501) 113-3026 ui-i-iCE (501) 442-0119 FAX Business Address ......, 1I FORM OF ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes) KNOW ALL MEN BY THESE PRESENTS: That we "Principal" and , hereinafter called the "Surety," are held and firmly bound unto the City of Fayetteville, Arkansas, hereinafter called "Owner" in the sum of: herein called Ei dollars ($ ), in lawful money of the United Stated, for the payment of which sum well and truly made, said principals and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner for the construction of NOW, THEREFORE if the Principal will well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such Contract and any extension or modification thereof, all amounts due for, but not limited to materials, lubricants, oil, gasoline, repair on machinery, equipment and tools consumed or used in connection with the work, fuel oil, insurance, rentals on machinery; also for taxes or payments due to the State of Arkansas or any political subdivision thereof which shall have arisen on account of, or in connection with, the wages earned by workmen covered by the bond; and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees that the terms of this bond shall cover the payment by the principal of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U.S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same, shall in any wise affect it's obligations on this bond, and it does hereby waive notice of any such change, extension of time, or alteration or addition to the terms of the contract as to the work or to the specifications. 19 PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each of which shall be deemed an original, this _ day of 19_. ATTEST: SECRETARY (PRINCIPAL) (SEAL) WITNESS AS TO PRINCIPAL ATTEST: SECRETARY (SURETY) WITNESS AS TO ATTORNEY IN FACT (PRINCIPAL) (TITLE) (ADDRESS) (SURETY) (ATTORNEY IN FACT) (ADDRESS) Date of Bond must not be prior to Contract Date and must include 1. Correct name of Contractor 2. Whether Corporation, Partnership, or Individual 3. Correct name of Surety and correct name of Owner 5. Execution of bond by all Partners, if Partnership 6. Execution by Arkansas Local Resident Agency for Surety 20 GENERAL CONDITIONS - TABLE OF CONTENTS Article and Title Page No. 1. Definitions GC -2 2. Preliminary Matters GC -4 3. Contract Documents: Intent, Amending, GC -5 4. Availability of Lands, Subsurface and Physical Conditions; Reference Points • GC -6 5. Bonds and Insurance GC -9 6. Contractors' Responsibility @C-12 7. Other Work GC -19 8. Owners' Responsibility GC -19 9. Engineers' Status During Construction GC -20 10. Changes in the Work GC -22 11. Change of Contract Price GC -23 12. Change in Contract Times GC -25 13. Tests and Inspections @C-26 14. Payments to Contractor and Completion GC -28 15. Suspension of Work and Termination GC -32 16. Dispute Resolution GC -33 Dispute Resolution Agreement GC -34 17. Miscellaneous GC -33 GC- 1 GENERA, CONDITIONS THE 1, DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated. The definitions apply to both the singular and plural case. 1.1. Addenda - Written or graphic instructions issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement - The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment - The formal document accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents, 1.4. Asbestos - Any material that contains . more than one (1) 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 setting forth the prices for the Work to be performed. 1.6. Bidding Documents - The Advertisement or Invitation to Bid, Instructions to Bidders, the Bid form, and other documents and forms contained in the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements - The advertisement or invitation 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 ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1. and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2. 1 .1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price - The moneyspayable 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 given in the Agreement to achieve Substantial Completion, and (or) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR - The person, firm or corporation with whom OWNER has contracted to do the Work. f 1.14. Defective - An adjective which when modifying the word, Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents. Nor does it meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents. It also includes Work that has been damaged prior to ENGINEER's recommendation of final payment unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14. 10. 1.15. Drawings - The drawings which show the scope, extent and character of the Work to be furnished and performed 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. GC- 2 1.16. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER - The person, firm or corporation employed by the City act as such. 1.18. ENGINEER's Consultant - A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project. 1.19. Field Order - A written order issued by ENGINEER which orders minor chances in the Work in accordance with Paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20- General Requirements - Section 1 of Division of the Specifications. 1.21. Hazardous Waste - The term Hazardous Waste will have the meaning as given in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations - Any applicable laws, rules, regulations, ordinances, codes and orders of any governmental body or agency, including all courts having jurisdiction. 1.23. Liens - Liens, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed - 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. 1.27. OWNER - The public body or authority, corporation, 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 substantially 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. PBS - Pdlychlorinated biphenyl. 1.30. 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 - Special nuclear, or nuclear byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2.011 et seq.) as amended from time to time. 1.33. Resident Project Representative - The person authorized by the ENGINEER to be their representative on the Work site. 1.34. Samples - Physical examples of materials, equipment, or workmanship representative of some portion of the Work and which establishes the standards by which such portion of the Work will be judged. 1.35. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data 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 Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship 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. GC- 3 1.38. Substantial Completion - Completion of the Work (or a portion thereof) to the point where, in the opinion of ENGINEER, it is sufficient to be utilized for the purpose for which it was intended. 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 Conditions. 1.40. Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilities - All pipe lines, 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. 1.42. Unit Price Work - Work to be paid for on the basis of unit prices 1.43. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished 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 documents, all as required by the Contract Documents. - 1.44. Work Change Directive - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. 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 Directive 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 non - engineering or non -technical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2 -PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR will also deliver such Bonds as CONTRACTOR may be required to furnish in accordance with Paragraph 5.1. Copies of Documents: 2.2. OWNER will furnish CONTRACTOR up to three copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. CONTRACTOR will execute and return three bound copies of the Contract Documents to OWNER for, the purpose of execution by OWNER. The executed Bond or Bonds required by the Contract Documents must be submitted at the same time. The Contract and Bonds as submitted by CONTRACTOR will be undated, and the documents will be dated the date on which the OWNER executes the Contract. The OWNER will furnish the CONTRACTOR one original of the executed Contract Documents. OWNER will furnish to CONTRACTOR up to three (3) copies of the Contract Documents. Additional will be made available at a reasonable reproduction charge. copies Commencement of Contract Times and Notice to Proceed: 2.3. The Contract Times will continence to run on the thirtieth day after the Effective Date of'the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. GC- 4 Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date given in the Notice to Proceed. No work will be done at the site prior to that date. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR will carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR will promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and will obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR will not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (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 Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.7. Before any Work at the site is started, CONTRACTOR shall deliver to the OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which the OWNER may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, 5.6 and 5.7. Preconstruction Conference 2.8. Before a Notice to Proceed is issued, or within five days after the effective date of the Notice to Proceed, a conference attended by CONTRACTOR, ENGINEER and others as appropriate 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 Show Drawings and other submittals, Applications for Payment and other items. Initially Acceptable Schedules 2.9. Unless otherwise provided in the Contract Documents, at least ten (10) before submission of the first Application for Payment, CONTRACTOR shall submit schedules as provided by Paragraph 2.6 of these General Conditions. No progress payment will be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE: 3.1. The Contract Documents comprise the entire agreement 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 laws 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 constructed 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 code usage as 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 is used to describe Work, materials or equipment, such words or phrases will be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents will 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 References 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 references are specific or by implication, will mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated in the Contract Documents. cc -5 3.3.2 If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy 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 any such standard, specification, manual or code or of any instruction of any Supplier referred to in Paragraph 6.5, CONTRACTOR will report it to ENGINEER in writing at once, and, CONTRACTOR will not proceed with the Work of 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. CONTRACTOR will not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. a - 3.3.3 The Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or code that may be referenced in the Contract Documents. This paragraph also applies to any Law or Regulation except where such application would result in violation of such Law or Regulation. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved" or terms of like effect are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect are used to describe a requirement, direction, review or judgement of ENGINEER as to the Work, it is intended that such actions will be solely to evaluate, in general, the completed Work for compliance with the requirements of 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 will not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing the 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 Agreement, 3.5.2. a Change Order 3.5.3. a Work Change Directive 3.6. In addition, the requirements of the Contract Documents may be supplemented by authorization of minor variations and deviations in the Work in the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEERS' approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3.. ENGINEER's written interpretation or clarification. Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER, will not have or acquire any title to or ownership fights 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 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 Availability of Lands: 4.1. OWNER will 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 will furnish CONTRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein. OWNER will identify any 'encumbrances or restrictions GC -6 I n Li u ' not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise ' provided in the Contract Documents. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the reports and drawings identifying any ' subsurface or physical condition utilized by ENGINEER in his development of the Plans and Specifications. 4.2.1.1. This Paragraph is deleted. ' 4.2.1.2. This Paragraph is deleted. 4.2.2. Limited Reliance by CONTRACTOR of Authorized Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, however, such reports and drawings are not a part of these Contract Documents. CONTRACTOR may not 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, sequences and procedures of ' construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or ' 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: 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 I. 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 recognized as inherent in work of the character provided for in the Contract Documents, then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith lexcept in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt 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 respect 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 ENGINEER 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 decrease in CONTRACTOR'S of, or time required for performance of, the Work; subject, however, to the following: ' 4.2.6.1. such condition must meet any one 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 be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; ' 11 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 reasonably 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 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants will 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 information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER will not be responsible for the accuracy or completeness of any such information or data, and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for. (I) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or indicated: if an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, 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 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 concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR will be allowed 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 CONTRACTOR 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 entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12, However, OWNER, ENGINEER and ENGINEER's Consultants will not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Nothing in this paragraph shall be construed to relieve CONTRACTOR of his obligation to locate all Underground Facilities prior to commencement of the Work, whether such Underground Facilities are shown on the Plans or not. GC- 8 '! I Reference Points: 4.4. OWNER will provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR will be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PBS, Petroleum, Hazardous Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER will not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for whom CONTRACTOR is responsible. 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 required by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNERS will promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTORS will not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been ' rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If 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 CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12, 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. ARTICLE 5 - BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment 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 Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal ' Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agents' authority to act. 5.2. If at any time a surety on any such bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, CONTRACTOR shall within ten days thereafter substitute an acceptable bond or bonds in such form and sum and signed by other surety or sureties as may be satisfactory to the Owner. The premiums on such bonds will be paid by CONTRACTOR. No further payment will be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable bond to the Owner. 5.3. Licensed Sureties and Insurers: Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or ' GC- 9 L insurance policies for the limits and coverages so required, Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of 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 countersioninc of the bonds by a resident agent shall not be ffi n' No employers' liability, public liability -or workman's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any of the additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 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 will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which arc sustained; (I) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all- of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds, 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33, 5.4.11. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed -or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will -so provide), 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be- correcting, removing or replacing defective Work in accordance with paragraph 13.12, and GC- 10 J I 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to ' whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter), 5.5.14. The limits for liability for the insurance required by Paragraph 5.4 of the general Conditions shall provide coverage as specified in the Supplementary Conditions. ' 5.5. In addition to the insurance required to be provided by CONTRACTOR under Paragraph 5.4, CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall pay premiums for such insurance in an amount no less than $2,000,000 for property damage and bodily injury limits, and with such provisions as shall protect the OWNER and ' ENGINEER from contingent liability under this Contract. Property Insurance 5.6. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof, but not less than an amount equal to the total bid price. This insurance will include the interest of the OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom will be listed as insured or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all risk" builders' insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided for in the Supplementary Conditions, and shall include damages, losses, and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers, architects, attorneys, and other professionals). If not covered by the "all risk" insurance or otherwise provided for, 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 the CONTRACTOR in accordance with this Paragraph 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 the OWNER by certified mail and will contain waiver provisions in accordance with General Condition Paragraph 5.11.2. 5.7. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR shall be responsible for the determination of and procurement of any additional insurance needed. 5.6. Policies will also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to OWNER. All policies will provide for 30 days written notice by certified mail prior to cancellation or non -renewal. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon Company" shall be deleted from the Certificates. 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 identified deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wish property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. Paragraph 5.10 is deleted. 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 L other persons 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 I ' GC- 11 rl Supplementary 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 waivers 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, ENGINEER's Consultants and the officers,. directors, employees and agents of any of them, fora 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct physical 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. Receipt and Application of Insurance Proceeds 5.12. This Paragraph is deleted. - 5.13. This Paragraph is deleted. Acceptance of Bonds and Insurance, Option to Replace: 5.14. This Paragraph is deleted. Partial Utilization, Property Insurance: 5.15. This Paragraph is deleted. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: r 6.1. CONTRACTORS 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 Contract Documents. CONTRACTORS 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. CONTRACTORS shall be responsible for seeing that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTORS. shall keep a competent resident superintendent on the job at all times. The resident superintendent 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 CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials, and Equipment: 6.3. CONTRACTORS shall provide competent, suitably qualified personnel to Survey, lay out and construct the Work as required by the Contract Documents. CONTRACTORS shall at all times maintain good discipline 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 adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site -shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on 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 Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel. Power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR GC- 12 I . I C r L 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. CONTRACTORS shall adhere to the progress schedule established in accordance with Paragraph ' 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTORS shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. ' 6.6.3 An updated schedule, in the format specified in the Technical Specifications, shall be required with each submittal for progress payment by the CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to ' CONTRACTOR. 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 specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: ' 6.7.1.1. "Or Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently 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 proposed substitute item. CONTRACTOR shall submit sufficient information on the proposed substitute item to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Such information will include, but will not be limited to the manufacturer's material and performance data on the item, how the use of the substitute item will affect the design of the project, how the item will affect the project schedule and cost of the project, and potential maintenance costs of the item. The decision as to accept or deny the use of a proposed substitute item shall lie solely with ENGINEER and/or OWNER. CONTRACTOR will have no cause of action against the ENGINEER or OWNER as a result of any decision on substitute items. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of Construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or Procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, 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 ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEERS 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 be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or, other surety with respect to any "or equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the ' GC- 13 I I Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted 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 Subcontractor, 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 a reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has a reasonable objection. , 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal 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 Conditions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make a written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of a reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR 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 Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.9.2. 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 CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR 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 Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of •the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work, If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patent Fees and Royalties 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER,- ENGINEER's Consultants and the officers, directors, employees, agents and other consultants GC- 14 I I [I J 1 11 11 I L n I I J 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 incorporation 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 construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners ' for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable Ito furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. ' 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations 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 damage 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 arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold ' harmless OWNER, ENGINEER, 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 premises 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 shall maintain in a safe place at the site one record copy of all Drawings, Specifications. Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to Paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all ' GC- 15 I approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and shop drawings will be delivered to ENGINEER for OWNER. I Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs 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 properly at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall build and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them -in the 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 indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person 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 paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance 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 authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If 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. I 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 quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which GC- 16 I I C1 r I I ' intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. ' 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: P6.25.1.1, all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, 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 Cr specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements ' of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required 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. ENGINEERS' review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly 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 Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals, ' 6.27. AN ENGINEER'S review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 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 ENGINEER'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 pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. ' 6.30. CONTRACTOR's General 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. CONTRACTORS' warranty and guarantee hereunder excludes defects or damage caused by: ' GC- 17 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTORS', obligation to perform and complete 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 obligation 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 CONTRACTOR 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 acceptability 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. 6.30.3 For the warranty period See Supplementary Conditions for the warranty period), or longer if specified by law, the CONTRACTOR shall at his expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work supplied under these Contract Documents, and pay for any damage to other, works or property resulting from such defects. The CONTRACTOR shall hold the OWNER and ENGINEER harmless from any liability of any kind arising from said defects. The effective date for the beginning of the one year warranty period will be decided by the OWNER and will be either the date of the ENGINEER's recommendation for Final Payment, the date of the Final Payment and acceptance, or the date of Substantial Completion as specified in Article 14.8. The CONTRACTOR will make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from the OWNER. If the CONTRACTOR fails to make the repairs or replacements promptly, the OWNER may -perform the work and the CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof. Indemnification 6.31. To the fullest extent permitted by Laws and Regulations, 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 regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER 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 ENGINEER and ENGINEER'S Consultants, officers; directors, employees or agents caused by the professional negligence, errors or omissions of any of them. GC- 18 I I I Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 - OTHER WORK 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 Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (I) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires 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 additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: ' 7.4. if OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 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 authority 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 Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER, 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNERS' duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests 1. GC- 19 I 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. 8.5. This Paragraph is deleted. 8.6. OWNER is obligated to execute Chance Orders as indicated in paragraph 10.4. 8.7. OWNERS' responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's night to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. • 8.9. Neither the OWNER nor the ENGINEER will exercise control or authority over, nor be responsible for, CONTRACTOR'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 the Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Project Representative: 8.10. OWNERS' responsibility in respect to 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 that OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements 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 representative 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 ENGINEER 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 CONTRACTOR'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. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEERS' 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. ENGINEERS' 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 responsible for CONTRACTOR'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 performance of the Work. However, nothing in this Paragraph shall relieve the ENGINEER of any obligations under the separate contract with the OWNER for the furnishing of Construction Management or Observation. Project Representative: 9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER 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 ENGINEER's Consultant, agent or employee, the authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. GC- 20 ii [Ti Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations ' of the requirements 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. If 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, CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in the 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. Such minor variations may be accomplished by a Field Order and will be binding on CONTRACTOR who shall perform the Work involved promptly. If 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, CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: ' 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents, or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR and will review such findings with CONTRACTOR prior to inclusion in a particular Application for Payment. The signature of CONTRACTOR, ENGINEER, and OWNER on a particular Application for Payment (other than the Final Application for Payment) will not prejudice either CONTRACTOR or OWNER in seeking an adjustment of the unit quantities. However, the Final Application ' for Payment, when signed by the CONTRACTOR, ENGINEER, and OWNER shall be final and binding on all parties. 9.12. When functioning as interpreter and judge under appeal from ENGINEER's decision and: (1) an appeal from paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any ' exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. Decisions on Disputes: ' 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect to changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this Paragraph. Written notice of each such claim. Dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of ' the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data ' GC- 21 in support of such claim, dispute or other matter. The opposina party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal in accordance with this Paragraph. ENGINEER'S written decision on such claim, dispute. or other matter will be final and binding unless a written notice of intention to appeal from ENGINEER'S written decision is delivered by one of the parties 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. 9.13. Limitation of ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority nor responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. This Paragraph is deleted. 9.13.3. This Paragraph is deleted. 9.11.4. ENGINEERS' review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14-1.2 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 Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER'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, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an 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 11 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 appropriate Change Orders recommended by ENGINEER for Written Amendments) covering: 10.4.1. changes in the Workwhich 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. chances 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 rendered 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, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. GC- 22 II ' 10.5. If notice of any chance affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, diet giving of any such notice will be ' CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 - CHANGE OF CONTRACT PRICE ' 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work, All duties, responsibilities 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 adjustment 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 after 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 be 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 be valid if not submitted in accordance with this paragraph 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application 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 profit (determined as provided in paragraph 11.6) Cost of the Work 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractors' Cost GC- 23 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 laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. .11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof in accordance with the terms of 'said rental agreements. The rental of any such equipment, machinery or parts shall cease when the •use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. This Paragraph is deleted.. r 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4, all of which are to be considered administrative costs covered by the CONTRACTOR'S fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at:the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. '11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5 Costs due to the negligence of CONTRACTOR or any Subcontractor, or anyone directly employed by any of them or for whose acts any of them may be liable, including but not limited to, the damage to ion of defective Work, disposal of materials or equipment wrongly supplied and making good any g 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 CONTRACTOR for overhead and items under Paragraphs 11.4.1 and 11.4.2 and 5 percent for work under Paragraph aragrt shall be 15 percent for will be allowed except as may be mutually agreed upon. 11.5.3. No other fees GC- 24 II 11.6.1, 11.6.2 and subsequent subparagraphs are deleted 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 together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price ail allowances so named in the Contract Documents and shall cause the Work so covered to be furnished 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 CONTRACTOR (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. CONTRACTORS' costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Chance Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. 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 items indicated in the Contract Documents; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. If CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, and 11.9.3.4 If OWNER believes that the quantity variation entitles him to an adjustment in the Unit Price, then 11.9.3.5 either the OWNER or CONTRACTOR may seek an adjustment in the particular Unit Price in question. In the event no adjusted Unit Price can be agreed upon, the party seeking the adjustment may a formal claim in accordance with Article 11 of these General Conditions. ARTICLE 12 - CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim, Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All GC- 25 claims for adjustment in the Contract Times or Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics or abnormal weather conditions. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety or employee or agent of any of them, for damages arising out of or resulting from (I) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, 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 ENGINEERS have actual knowledge 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 jurisdictional 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 proper notification as detailed below and cooperate with the testing and inspection of the Work. 13.3.1 All tests require a minimum notice of 24 hours. The 24 hours is a minimum only, the exact time for testing and required inspections shall be determined. by the ENGINEER. 13.3.2 All field tests required for a project shall be witnessed by the City Engineering Division representatives in the presence of the ENGINEER and CONTRACTOR, or their approved representatives. 13.4. CONTRACTOR shall employ and pay for the services of an independent testing laboratory to perform all tests required by the Contract Documents. CONTRACTOR shall be responsible for the cost of all equipment, materials, labor, testing procedures and lab work for all tests as outlined in the Detailed Specifications. ENGINEER shall have the right to approve or reject CONTRACTOR's proposed lab based upon sound engineering principles. Copies of all testing reports must be forwarded directly to the ENGINEER by the testing laboratory. 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 representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval, CONTRACTOR shall also be responsible for arranging 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. GC- 26 I I I I I II I 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 requested 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 intention 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 request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall 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 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, 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 provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. if the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any 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 Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (I) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause 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 resulting from such removal and replacement )including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. GC- 27 I Acceptance of Defective Work: 13.13.4. If instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept the defective work, OWNER may do so. In that event, CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of the determination to accept - such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to, agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: .� 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.1.1. or if CONTRACTOR falls 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 proceed expeditiously. In connection with suchcorrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11- Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's- defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: I 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payments: 14.2 Application for Progress Payments shall be accomplished as follows: 14.2.1 Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month; or 14.2.2 Progress payments will be prepared at regular intervals, as scheduled by joint consent of the CONTRACTOR and ENGINEER. 14.2.3 the ENGINEER, based upon data gathered during the construction process, will make an estimate of the value of the Work done and materials furnished in place during the previous estimate period. The CONTRACTOR shall furnish to the ENGINEER such detailed information, including invoices from material suppliers, as the ENGINEER may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as determined by the ENGINEER. Retainage shall be 10 percent of said estimate until 50 percent of the Work has been fully completed. Thereafter progress payments shall be made without further retainage. Any decision to release any retainage prior to the Final Progress. Payment shall be made by the ENGINEER with the consent of the OWNER. Failure of the ENGINEER or OWNER to make an estimate for a progress payment at the time specified herein shall not be held to invalidate or void the Contract between OWNER and CONTRACTOR. 1 GC- 28 I CI II [l II II [] II II CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress 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 indicating In writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. After the required internal reviews and processing by the City, the City will diligently proceed to make payment to CONTRACTOR in accordance with the approved payment request. Every attempt will be made to pay the estimated amount within a 30 day period after the review has been completed, however, the City cannot make payment within that time. 14.5. ENGINEERS' recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's onsite 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, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications 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 separate Contract with the OWNER, or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEERS' recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR'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 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 recommend any such payment because of subsequently discovered 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. I. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence 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 CONTRACTOR'S performance or furnishing of the Work, GC- 29 11 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there. are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence 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 . 1 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 OWNER'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 writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR 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 substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or 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 complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties 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 CONTRACTOR 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 substantially completed part of the Work which: (I) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR 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 CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR may at any time notify OWNER and ENGINEER in writing that CONTRACTORS considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that portion of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to.be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete,. the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. GC- 3b I 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 written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals the Work to be incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Application for Final Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates 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, CONTRACTOR 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, Iii) 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, CONTRACTOR 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 falls to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation 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 payment. 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. Otherwise, ENGINEER will return the Application to CONTRACTOR, 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 Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will he paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER will, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted will he submitted by CONTRACTOR to ENGINEER with Application for such payment. Such payment will 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 I I I 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 pursuant to Paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations 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. GC- 31 I ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. Al any time and without cause OWNER may suspend 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 Times for such suspension of the Work. An increase or decrease in the Contract Price may be allowed as agreed upon between the CONTRACTOR and OWNER with concurrence by ENGINEER. If no agreement can be reached on the matter, either party may make a claim in accordance with Articles 11 and 12. OWNER May Terminate: 15.2. OWNER may terminate the Work upon the occurrence of any one of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents, including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.9. as adjusted from time to time pursuant to paragraph 6.6, 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction, 15.2.3. if CONTRACTOR disregards the authority of ENGINEER, or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR (and the surety) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs. losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Chance Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. , 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective 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 Documents 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 loss arising out of or resulting from such termination, revenue or other economic GC- 32 I I I I I II CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally 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 Agreement 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 ENGINEER 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 CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise 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. 17.2 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, a 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. Cumulative 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 CONTRACTOR 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. GC- 33 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 engineer, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT 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 relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association subject to the limitations of this Article 16. This agreement to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will specifically enforceable under the prevailing law of any court having jurisdiction. 16.2 No demand for arbitration of any claim, dispute or matter that is required to be referred to ENGINEER initially for decision in accordance with Paragraph 9.11 will be made until the earlier of (a) the date an which ENGINEER has rendered a decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER. No demand for arbitration of any such claim will be made later than 30 days after the date on 'which ENGINEER has rendered a written decision in respect thereof. If no demand for arbitration has been filed in that thirty day period then the decision by ENGINEER decision will be binding on all parties. Any decision made by ENGINEER after arbitration has begun may be used as evidence but will not supersede the proceedings. No demand for arbitration of any written decision of ENGINEER rendered in accordance with Paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in Paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty day period specified in Paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations. 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 who is not a party to this contract unless: 16.4.1 the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3 the written consent of the other person or entity sought to be included and of OWNER and 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, if a claim or dispute between OWNER and CONTRACTOR involved the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by Paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractors. Nothing in the Paragraph nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER, or ENGINEERS' Consultants that does not otherwise exist. r 16.6 The award rendered by the arbitrators will be final and judgement may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. GC- 34 II 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof j"disputes"), to mediation by The American Arbitration Association 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 arbitration 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. GC- 35 SUPPLEMENT TO THE GENERAL CONDITIONS 1 The following Supplementary Conditions amend or supplement the STANDARD GENERAL ' CONDITIONS and other provisions of the Contract Documents as specifically indicated. These Supplementary Conditions are specific in nature to the Lake Lucille Spillway ' Replacement project. 1. DEFINITIONS: OWNER shall mean the City of Fayetteville or any of its authorized representatives. ENGINEER shall mean the City of Fayetteville Engineering Division. Resident Project Representative shall be the authorized representative of the ENGINEER. Grade, as used in these specifications, shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the Plans. ' 2. ABBREVIATIONS: AASHTO - American Association of State Highway Officials ACI - American Concrete Institute AGA - American Gas Association ' AHTD - Arkansas Highway and Transportation Department AISC - American Institute of Steel Construction ANSI - American National Standards Institute ASA - American Standards Association ASTM - American Society for Testing Materials ' AWWA - American Water Works Association GSA - General Services Administration UL - Underwriters Laboratories ' cfs - Cubic feet per second CMP - Corrugated Metal Pipe DI - Ductile Iron gpm - Gallons per minute ppm - Parts per million psi - Pounds per square inch PVC - Polyvinyl Chloride RCP - Reinforced Concrete Pipe [I ' 22 3. INSURANCE: General All Bonds shall be issued by a company listed in the A.M. Best Rating Book and shall be rated A or higher. The contract amounts may not exceed 2% of the policyholder's surplus Uability Workers Compensation: a) State - b) Applicable Federal c) Employer's Liability Comprehensive General Liability Statutory Statutory $100,000 each occurrence $1,000,000 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, person injury with employment exclusion deleted, and broad form property damage. Comprehensive Automobile Liability Bodily Injury $1,000,000 Each person 2,000,000 Each Occurrence $500,000 each occurrence or a combined single limit of $2,000,000. Other insurance as may be noted in the General Conditions shall also be required to the extent that they do not directly conflict with the above requirements. 23 4. BONDS: Bid Bond A Bid Bond of 5 percent of the total Bid shall be provided as called for elsewhere e in these Specifications. Performance and Payment Bond A Performance and Payment Bond shall be provided for the full amount of the Contract Price as called for in the General Conditions. Maintenance Bond No Maintenance Bond will be required for this project, however, the Contractor shall warrant the materials used in the job and the workmanship for a period on one (1) year from the date of final and formal acceptance of the project by the City. 24 DETAILED SPECIFICATIONS PART I - CONTRACT STIPULATIONS I-1 SPECIFICATIONS: These Detailed Specifications are drawn with the object of securing first class workmanship and materials throughout the work embraced in these Contract Documents and of securing completed work properly and well done, with regard to all local conditions. I-2 EXTENT OF WORK: The scope of the work includes all traffic control, grading, excavation, embankment work, drainage, structural concrete, sewer replacements, and all other work required to construct the Lake Lucille Spillway Replacement as shown on the Plans and described in the Specifications. It is mutually agreed and understood that the Contractor will furnish all tools, labor, equipment, and materials, and supplies required to be furnished as hereby stipulated, and will construct complete all the work described herein. Any work and materials not specifically mentioned in the Specifications but forming an essential part of the work shall be furnished as though specifically mentioned. I-3 PLANS: The Plans consists of the separately bound Plans and the Detailed Specifications. The Plan Sheets are: 1. COVER SHEET 2. DEMOLITION PLAN 3. PLAN AND MISCELLANEOUS DETAILS 4. SEWER REPLACEMENT PLAN AND PROFILE I-4 RIGHTS OF WAY: The Contractor's access to the work area shall be from the west side of the spillway. No access to the work site shall be made from the east side and no disturbance of the east side will be allowed except where the junction box and 15" RCP is to be installed. I n I I The Contractor. shall make satisfactory provisions, without obligation to the Owner, for all temporary land easements that may be required storage of materials and equipment. I-5 SEQUENCE OF WORK AND CONTRACT TIME After the contract bonds and certificates of insurance have been delivered to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed, in accordance with the General Specifications, which shall designate the date the contract will begin. The contractor shall complete the project within forty-five (45) calendar days from the date specified in the Notice to Proceed. If conditions beyond the control of the Contractor justify, and the Contracting Authority approves an extension of contract time, the Contractor shall revise the construction schedule in accordance with the approved extension. I-6 SUBMITTALS: The following submittals will be required for this specific project: a) Concrete Mix Design b) Project Schedule d) Project Sign Layout f) Approvable Grading Plan for the Waste Material Disposal Site (if applicable) g) Sediment and Erosion Control Plan I-7 SCHEDULE: Before work is started, and in accordance with the General and Supplemental Conditions, the Contractor shall prepare a detailed schedule of all construction operations that will not only indicate the sequence of the work, but also the time of starting and completion of each part. Such schedule shall be submitted to the Engineer for approval and shall be revised throughout the project as necessary or requested by the Engineer. I-9 PROTECTION OF PUBLIC AND PRIVATE PROPERTY: The Contractor shall protect, shore, brace, support, and maintain all embankments and slopes, created by the Work so as to protect the Work and adjacent public and private property. The Contractor shall be responsible for all damage to public and private property or facilities regardless of location or character which may be caused the work. He shall likewise be responsible for all acts of any subcontractors he may have on the job. I-10 MAINTENANCE OF TRAFFIC: The Contractor shall be responsible for the maintenance of traffic through the project area. The street may not be closed except on a temporary basis. In no case shall the street remain closed overnight or beyond regular working hours as defined elsewhere in these specifications. I-11 UNDERGROUND INSTALLATIONS AND STRUCTURES: Unless noted otherwise on the Plans, pipelines and other existing underground installations and structures in the vicinity of the work are indicated on the Plans according to the best information available to the Engineer. The Engineer does not guarantee to accuracy of such information. House sewer connections, water and gas services, and other utility service lines are not indicated on the plans. The Contractor will make every effort to locate all underground pipelines, conduits, and structures by contacting the individual utilities or Arkansas One -Call, I 1 27 1-1 I-12 LINES AND GRADES: All work shall be done to the lines, grades, and elevations shown on the Plans. The Contractor will be responsible for hiring an engineer or other qualified person or firm to establish the grades as required for the execution of the work. All grades so established will be approved by the Engineer. Any work done which is off alignment or off grade shall be removed and replaced at the expense of the Contractor. I-13 PUBLIC NOTIFICATION: The Contractor shall notify all adjacent property owners a minimum of 48 hours in advance of the beginning of the work. I-14 HANDLING AND STORAGE OF MATERIALS: The Contractor shall be responsible for all of the material furnished by him and shall replace at this own expense all such material found defective in manufacture or damaged in handling. This shall include the furnishing of all material and labor required for the replacement of materials already installed and found defective prior to final acceptance of the work. The Contractor will be responsible for the delivery and distribution of materials to the site, and for the safe storage of material on the site. All materials shall be stored in strict conformance to the manufacturer's recommendations and in such a manner to ensure the preservation of their quality and fitness for the work. I-15 SATURDAY, SUNDAY. HOLIDAY, AND NIGHT WORK: Work hours for this job shall be 7:00 AM through 7:00 PM. Saturday, Sunday, and Holiday work shall normally be prohibited, except that work on those days may be approved by the Engineer if, in the opinion of the Engineer, such work is necessary due to circumstances involving projected rainy weather and lake levels. I-16 MONTHLY ESTIMATES AND PAYMENTS: Refer to Article 14 of the General Conditions and the associated Supplemental Conditions. 1-17 INTERRUPTION OF UTILITY SERVICES: When water, sewer, gas, power, or TV service to a house is cut off inadvertently, it shall be repaired by the affected utility or, when explicitly approved by the affected utility, by the Contractor. Where the service interruption is planned, the customer shall be given 24 hour notice of such service interruption and service shall be off for no more than the 9 hour work day. In no case shall service be off overnight, and the Contractor will not leave the job without service being restored. II 28 Ii I-18 TEMPORARY FACILITIES All water, power, and other utility services required by the Contractor for operation of Contractor's plant or equipment, or for any other use by the Contractor to conduct or to expedite the work shall be provided by the Contractor at his cost. The Contractor shall arrange for such service with the appropriate utility company, and shall assume liability for all charges. When applicable, the City will request the transfer of the service and assume liability for charges at the time of final acceptance of the work. The Contractor shall furnish temporary sanitary facilities at the site for the needs of the Construction workers and others performing work or furnishing services on the project. Sanitary facilities will be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest extent possible. At least one toilet per 20 workers will be provided and it shall be responsibility of the Contractor to enforce the use of the facilities by all personnel at the site. I-19 TREE AND PLANT PROJECTION: There are trees and brush in the work area which must be removed and disposed of as part of the work and are designated as such on the Plans. All trees and vegetation not designated to be removed shall be protected. If any of those trees or vegetation are destroyed or damaged by the Contractor, they shall be replaced at no expense to the Owner. I-20 SECURITY: The Contractor shall be responsible for protection of the site and all work, materials, equipment and existing facilities thereon. No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owner's property resulting from Contractor's failure to provide adequate security measures. ' I-21 SAFETY: The Contractor is further notified and reminded of the presence of children and pedestrians in the general vicinity of the project. The Contractor shall take all measures necessary and as required by the General Conditions to protect the General Public, animals, and property from harm due to the construction activities. I-22 PARKING: • The Contractor shall provide and maintain suitable parking areas for the use of the construction workers and others performing work or furnishing services in connection with the project. The intent of this section is to avoid any need of parking personal vehicles where they may interfere with the owner's operations or construction activities, or normal traffic operation on public ' and/or private roads. LI 1 29 I • I-23 DUST CONTROL: The Contractor shall take all reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or application of an approved chemical dust suppressant. I-24 TEMPORARY DRAINAGE AND EROSION CONTROL PROVISIONS: 'The Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in the performance of the work. Drainage facilities will be adequate Ito prevent damage to the work, the site, adjacent properties and downstream properties. The Contractor shall prevent the erosion of soil on the site and adjacent property resulting from ' the construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation or other operations that will disturb the natural vegetation or protection. Erosion measures may include hay bales, silt fencing, jute mat, fast growing ' vegetation, and silt ponds. Work on exposed areas subject to erosion shall be scheduled for the shortest possible time, and natural vegetation shall be preserved to the greatest extent possible. The Contractor shall be responsible for application and acquisition of all necessary permits, including coverage under the Federal/State NPDES Regulations for Storm Water Management and the City of Fayetteville's Excavation and Grading Ordinance. I-25 CLFAN-UP DURING CONSTRUCTION: 1 During construction the Contractor shall keep the construction area in a clean, neat, and workman like condition at all times. Pipe, equipment, and all other materials shall be stored and ' protected in an area away from the construction activities. As soon as practicable the area around all structures shall be backfilled and the entire areas maintained in a neat condition. I-26 SITE ACCESS FOR CITY REPRESENTATIVES: The Contractor shall provide for safe and ready access to the construction activities during working hours or as requested to authorized representatives of the City and to State and Federal Agencies as required. I-27 CONSTRUCTION OBSERVATION AND INSPECTIONS: Construction observation and inspection will be by the City of Fayetteville Engineering Division. • The Contractor shall note the requirements of a detailed schedule and note all requirements for the scheduling of tests and test requirements as noted in the Technical Specifications. The ' Engineer will have no responsibility to the Contractor or any subcontractor for the supervision of the Contractor's personnel or the layout of the work. ' 1-28 TESTING: The Contractor shall be responsible for the cost of all equipment, materials, labor, testing ' procedures and lab work for all tests as outline in these specifications. The City of Fayetteville will have the right to approve or reject the Contractor's proposed lab based on sound ' 30 Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. All field tests required for a project shall be witnessed by the City Engineering Division representative in the presence of the Contractor. I-29 EXPLOSIVES: Explosives will not be allowed on this job. I-30 EXCAVATION SAFETY: The Contractor shall be responsible for the safety of all excavations and shall comply with OSHA regulations in all of the work. I-31 PROTECT SIGNS: The Contractor shall provide one (1) project sign before construction starts. The sign shall be placed near the construction site on street right of way. The sign shall be 4' by 4' and shall be constructed from plywood or aluminum plate suitable to last the project life. The sign shall be erected upon posts and braced as needed. The Contractor shall be responsible for maintenance of the sign during the project life. The sign shall have a white or yellow background with black block lettering with this information: 1. City of Fayetteville Sales Tax at Work 2. City of Fayetteville Engineering Department (575-8206) 3. Name of the Contractor 31 PART II, MATERIAL SPECIFICATIONS II -1 CONCRETE AND CONCRETE MATERIALS: Structural Concrete - The concrete for structures shall have a compressive strength of 4000 psi at 28 days. Concrete shall be air -entrained with an air content of 4.0 to 7.5 percent. Refer to Table 802-1 (1993 AHTD Specifications), concrete Class S(AE) for cement factor, maximum water content, and slump range. All concrete shall be of the ready -mix type and shall not be batched or mixed on site except with the written permission of the Engineer. Structural concrete, including the portland cement, fine aggregate, coarse aggregate; reinforcing steel, and any admixtures that may be approved, shall conform in all respects to the Division 800 of the "Standard Specifications for Highway Construction", 1993 Edition as published by the Arkansas Highway and Transportation Department. Where these specifications and the Arkansas Department specifications are in conflict, these specifications shall apply. Concrete for Encasement - Concrete for encasement shall have a compressive strength of no less than 3000 psi at 28 days. Concrete shall have a minimum of 5 bags of cement per cubic yard. Slump range shall be 1 "-4". II -2 BASE MATERIAL: Base material shall be Class 7 material as defined in the AHTD Specifications. II -3 REINFORCED CONCRETE PIPE: Reinforced Concrete Pipe shall be manufactured and furnished according to AASHTO T 280. Joints shall be sealed with either preformed rubber gaskets or bitumen/butyl rubber plastic gaskets (AASHTO M 198, Type A or B). I Ii II II -4 JUNCTION BOX RING AND LID: Rings and lids shall conform to the requirements of ASTM A 48, Class 30A. Bearing surfaces shall be cast or machined so as to provide a uniform bearing surface. 32 I II -5 SEWER MATERIALS: a) Sewer Pipe - All sewer pipe shall be PVC and shall meet the requirements of ASTM 3034 and shall have an SDR of 26. Joints shall be of the bell and spigot type and shall be formed integrally with the pipe. Bells shall have a factory installed elastomeric gasket. b) Waterstop - Waterstops for use in making connections to existing manholes shall be constructed of elastomeric PVC as manufactured by Fernco, or equal. manufactured by d) Bedding Material - Class 7 base material as defined by the Arkansas Highway and Transportation Department Specifications Manual, latest edition. II -6 WASHED GRAVEL Washed gravel shall be durable stone or gravel similar to coarse concrete aggregate without II -7 Reinforcement Deformed billet -steel bars conforming to ASTM A615, grade 60, unless otherwise noted. PART III CONSTRUCTION SPECIFICATIONS III -1 CLEARING: The trees (as noted specifically on the Plans) and other brush and standing vegetation shall be removed and disposed of in a manner approved by the Engineer. The trees shall be cut at or below ground level. The stump and root system shall be not be disturbed except where necessary to facilitate construction. Trees which appear at this time to require grubbing are marked for "removal" on the Plans. The final decision as to whether a trees is to be cut, removed completely, or protected will be made in the field. No tree shall be cut or otherwise damaged without first being marked in the field for removal by the Engineer. III -2 PLACEMENT OF STRUCTURAL CONCRETE: Structural Concrete shall be defined as concrete used for the junction box and the walls and floor of the spillway structure. All other concrete shall be defined as Concrete for Encasement. Unless otherwise noted on the Plans or stated in these Specifications, the placement of all structural concrete shall be in accordance with Division 800 of the Arkansas Highway Department's "Standard Specification for Highway Construction", 1993 Edition. All concrete shall be placed to the line and grade as shown on the Plans. The forms shall be of sufficient strength to carry the dead weight of the concrete as a liquid without deflection, and tight enough to prevent mortar leakage. All exposed edges shall have a 1 inch chamfer. The inside of the forms shall be coated with an approved oil or thoroughly wetted prior to the placement of the concrete. The finish shall be a Class I Ordinary Surface Finish for unexposed, and class 2 for all exposed surfaces as defined by Section 802.20 of the Highway Department Specifications. Pumping and/or chuting of concrete will be required for this job and shall be done in a manner which minimizes segregation of the concrete. The cost of all structural concrete and all work associated with the placement thereof, including any additional excavation that might be required and the placement reinforcing steel, shall be included in the Unit Price as given in the Proposal for Structural Concrete or in the Lump Sum Price for the Junction Box and 15" RCP, as appropriate. Measurement shall be based on the line and grades shown on the Plans or as may be approved in the field. At least one concrete cylinder shall be taken for test purposed for each day a concrete pour is made, but no less than three (3) shall be taken overall. It shall be the Contractor's responsibility to collect samples, prepare casting specimens, and to protect, cure, and transport the samples to the laboratory. The cost of testing and all other work under this section shall be included in W When concrete of insufficient strength is discovered the Owner may, at his sole discretion, require the concrete to be removed and replaced, or effect an alternative remedy. Alternative remedies shall include, but shall not be limited to, a reduction in the Unit Price of the concrete as a penalty. Where the final strength of the concrete is 3200 psi or less, there shall be no other remedy except to remove and replace the defective material. The subgrade on which the spillway is to be constructed shall be either the native sandstone, shale, or thoroughly compacted native material as described in the soil boring results. Any materials not suitable, in the opinion of the Engineer, as subgrade material shall be removed and replaced with compacted Class 7 Base. The Proposal contains an item for base material under the spillway structure. It is the intent that all costs of excavation associated with the removal of native material and replacement with compacted Class 7 base be included in the Unit Price for Class 7 Base Under the Spillway Structure. Measurement shall be based on truck yards delivered to the site. The quantity given in the Proposal is for the purpose of obtaining a bid and does not represent an exact number of yards expected to be required. Washed gravel shall be placed behind the walls of the structure as noted on the Plans. Washed gravel shall be measured and paid for as Washed Gravel at the Unit Price given in the Proposal. III -3 SEWER REPLACEMENT: shall be removed and replaced existing line and grade. The 10" sewer is encased in concrete and the top of the encasement is incorporated into the bottom of the spillway floor. The 6" line is not encased in concrete according to the "as -built" plans on file. The replacement of the sewer lines may require the pumping or storage of sewage. The cost of such pumping or storage shall be included in the Unit Prices given for 6" and 10" Sewer as given in the Proposal. a) Trench Excavation and Sewer Installation - The trench for the new lines shall be on the scone grade and line as the existing sewer lines. The lines shall be laid in accordance with the manufacturer's recommendations. The connection to the existing lines shall be made with a coupling manufactured for the purpose. The connection between the new 10" line and the existing line shall be encased as shown on the Plans. The cost of all work under this paragraph shall be included in the Ur installation as given in the Proposal and none shall be paid for separately. b) Bedding and Backfill - The existing bedding may be used for the new lines if, in the opinion of the Engineer, the existing material is suitable. Otherwise, the lines shall be bedded in Class 7 base. The backfill shall consist of compacted class 7 base. Where the sewer is under the spillway, the class 7 base shall extend up to the top of the planned subgrade. Where the sewer is outside of the spillway, the class 7 base shall extend to a point 12 inches above the top of the pipe. The balance shall be backfilled with the excavated material and compacted to a density equal to the density of the adjacent material. The cost of all work included under this paragraph shall be measured and paid for at the Unit Price for 6" or 10" Sewer as given in the Proposal, except that the class 7 base shall be measured and paid for at the Unit Price for Sewer Bedding and Backfill Material as given in the Proposal. No work will be paid for separately. c) Connection to Existing Manhole - Care shall be taken in the removal of the existing sewer lines so that no unnecessary damage is done to the existing manhole and that the opening into the manhole is no larger than necessary to properly connect the new lines. The connections shall be made using a waterstop and grouting inside and out with a non -shrink grout. All work under this paragraph shall be paid for in the Unit Price for 6" or 10" PVC Sewer in Place and none shall be paid for separately. d) Sewer Construction Alternatives: It shall be assumed by the Bidder that the City will elect to replace the sewers as shown on the Plans and described in these specifications. However, the City may, at its option, decide to select one of the options given below as the method of dealing with the existing sewer lines indicated on the Plans to be replaced, and the Contractor shall have no claim whatsoever against the City because of its decision to do so. Option 1 - If the spillway floor can be removed without disturbing the sewer lines, the Engineer may, at his discretion, delete those portions of the Contract Documents relating to the replacement of the either or both sewer lines entirely. In that event the Contractor shall excavate over the existing line or lines to a point at least 12 inches below the subgrade and replace the material with compacted class 7 base. The class 7 base so placed shall be paid for at the Unit Price for Bedding and Backfill Material as given in the Proposal. Measurement shall be at the cubic yard in place. Option - If it is the decision of the Engineer that replacement of the 10 inch sewer line is not desirable or feasible for any reason and it is evident that removal of the spillway floor over the line with is not possible without disturbing the sewer line, then the City will authorize extraordinary measures to remove that portion of the floor and negotiate with the Contractor for a suitable price for doing so. III -4 SITE RESTORATION: All areas disturbed by the construction shall be restored as nearly as possible to their original except that no replacement of trees shall be required except where the contractor damages or destroys trees or vegetation specifically selected to be protected or trees or vegetation outside of the work area. In that case, the Contractor shall be responsible for replacement of the trees and/or vegetation at his expense. 36 I I I U I I I I I 1l I I I I I El I On the west side of the spillway the area shall be restored by the placement of 4 inches of topsoil over the impacted area, seeding with an appropriate grass mixture, and thoroughly mulching with straw. On the east side of the spillway the affected slopes shall be topsoiled (4 inches), seeded and mulched and held in place with an approved landscape fabric. All work under this section shall be paid for at the Lump Sum Price given in the Proposal for Site Restoration and none shall be paid for separately. I1I-5 PREVAILING WAGE RATE: If the contract amount on this project is $75,000.00 or greater, the minimum allowable wage rate shall be as given in the attached Prevailing Wage Rate Determination - Heavy Rate as issue by the Arkansas Department of Labor. 37 I Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: July 11, 1995 DETERMINATION II: 95-003 PROJECT: Water Line Replacements COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATE: 1-11-96 SURVEY II: AHO5 BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS Bricklayer/Pointer,Cleaner,Caulkner 7.20 Carpenter 7.75 Concrete Finisher/Cement Mason 8.00 Electrician 12.00 .46 Laborer 6.65 Pipelayer 7.00 Truck Driver 9.05 Power Equipment Operators: Group III 8.70 Group IV 8.10 Crane. Derrick, Dragline, Shovel I. & Backhoe, 1-1/2 yds. or less 11.00 .89 Crane, Derrick, Dragline, Shovel & Backhoe, over 1-1/2 yds. 9.90 Mechanic 6.90 Welders --receive rate prescribed for craft performing operation to which welding is incidental. Certified July 7, 1995 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 be made as soon as you notice that a required classification is missing, normally this would be during the bid process. I I 1 1 . page 2 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: July 11, 1995 DETERMINATION q: 95-003 PROJECT: Water Line Replacements COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATE: 1-11-96 SURVEY II: AH05 Power Equipment Operators: Group III 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, 10S and larger, finishing machines, boiler fireman high or low pressure, asphalt spreaders, hydro truck crane, multiple drum hoist, irrespective of motive power, rotary, cable tool, core drill or churn drill, water well and foundation drilling machines, regardless of size, regardless of motive power and dredge tender operator. Group 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 workmen from floor to floor and handling building material, Lad-A-Vator, conveyor, batch plant, and mortar or concrete mixers, below 105, end dump euclid, pumperete, spray machine and pressure grout machine, air compressors, regardless of size. All 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. o� iii-Rq LAILE U_ c.ILLC STAFF REVIEW FORM AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW For the Fayetteville's City Mayor's signature. FROM: MICROFILMED Wayne Ledbetter/%wV Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order 1 to the Contract for Construction of the Lake Lucille Spillway with Sweetser Construction in the amount of $ 9,318.56. COST TO CITY: S 9,318.56 S 71.649 Bridge/Drainage Imnvts Cost of this Request Category/Project Budget Category/Project Name 4470-9470-5817-00 S 60,836 Account Number Funds Used To Date Program Name 98037 $ 10,813 Sales Tax Project Number Remaining Balance Fund BBUDytylGET REVIEW: xxxx Budgeted It _____Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acco tind M ger Date 00 dinator Date / C t Attory Date I rnal Auditoxi$5 Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends that the Mayor approve the Change Order with Sweetser Construction for Lake Lucille Spillway. (itnoHead Date Cross Reference New Item: Yes D artm nt hector Date m Q Prey Ord/Res 41: ___,Y�� Admini$ rative ervices Director Da e Orig Contract Date: Mayo Date FAYETTEVILLE THE CITY OF.FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Mayor Fred Hanna Thru: Charles Venable, Public Works Director Don Bunn, Assistant Public Works Director Jim Beavers, City Engineer From: Wayne Ledbetter, Engineering Date: February 26, 1999 RE: Lake Lucille Spillway This project reconstructed the concrete spillway on the outfall end of Lake Lucille. The structure through the years had deteriorated and as a result, portions of the structure had failed. We have rebuilt the structure and improved some of its features. During this construction we have encountered some situations that require changing from the Original Plans. These changes are as follows: Change Order No. 1 will add pay items 13,14,15, and 16. These are Additional Demolition, Additional Rebar, Manhole, and Additional Dirt, respectively. The accompanying letter enumerates each item. The original bid was $ 59,649 with a contingency of $ 12,000, totaling $ 71,649. The amount of construction costs with this change order totals $ 68,967.56. Staff Recommendation. The Staff recommends that the Mayor approve this Change Order Ito the construction contract with Sweetser Construction for the construction of Lake Lucille Spillway. This amount is $ 9,318.56. FAYETTEVI LLE THE CITY OF FAYETTEv1LLE, ARKANSAS February 25, 1999 Mr. William Sweetser Sweetser Construction 590 West Poplar Fayetteville, AR 72703 RE: Lake Lucille Spillway Fayetteville, Arkansas Change Order No. 1 Dear Mr. Sweetser: Please find enclosed revisions of the Quantities and Bid Items for the above mentioned project. I respectfully request that you review these and confirm price changes on these construction items. These changes, which have been discussed with you and your people previously, are as follows: 1. Item 13: Additional Demolition. This Lump Sum item essentially covers the removal of the concrete encasement that interferes with the proposed spillway concrete floor. This reflects the man-hours and equipment -hours for that work. This amount is $ 4,639.76. 2. Item 14: Additional Rebar. This item was needed to pay for the additional rebar #5 instead of #4 for the 7 foot walls. The price for this additional rebar is $0.65 per pound. The quantity of 121.23 pounds of rebar is $ 78.80. 3. Item No. 15, Manhole. Due to replacing the existing 6" sewer line a manhole was needed. This item was $ 1,000.00 each. The quantity of this item is one. 4. Item No. 17, Additional Dirt. Instead of using all gravel for backfill we asked for replacement of gravel with compacted hillside. The price of this item is $ 24.00 per cubic yard. The quantity is 150 cubic yards. 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 The prices and quantities of items before the Change Order are as follows: No. Item Unit Price Estimated Total ($) Quantity ($) 1 Structural Concrete 300.00 103 30900.00 2 Washed Gravel in Place 24.00 100 2400.00 3 Class 7 Base Under Spillway Struct. 16.00 160 2560.00 4 10" PVC Sewer in Place 40.00 85 3400.00 5 6" PVC Sewer in Place 37.00 22 814.00 6 Connections to Existing Manhole 500.00 2 1000.00 7 Concrete for Encasement 150.00 3 450.00 8 Bedding & Backfill for Sewers 24.00 40 960.00 9 Junction Box and 18" RCP 1980.00 1 1980.00 10 Demolition 9960.00 1 9960.00 11 Site Restoration 4925.00 1 4925.00 12 Trench Safety 300.00 1 300.00 TOTAL $ 59,649.00 Price and quantities of items after the Change Order is as follows: No. Item Unit Price Revised Total ($) Quantity ($) 1 Structural Concrete 300.00 103 30,900.00 2 Washed Gravel in Place 24.00 100 2400.00 3 Class 7 Base Under Spillway Struct. 160 160 2560.00 4 10" PVC Sewer in Place 40.00 85 3400.00 5 6" PVC Sewer in Place 37.00 22 814.00 6 Connections to Existing Manhole 500.00 2 1000.00 7 Concrete for Encasement 150.00 3 450.00 8 Bedding and Backfill for Sewers 24.00 40 960.00 9 Junction Box and 18" RCP 1980.00 1 1980.00 10 Demolition 9960.00 1 9960.00 11 Site Restoration 4925.00 1 4925.00 12 Trench Safety 300.00 1 300.00 13 Additional Demolition 4639.76 1 4639.76 14 Additional rebar 0.65 121.23 78.80 15 Manhole 1000.00 1 1000.00 16 Additional Dirt 24.00 150 3600.00 TOTAL $ 68,967.56 2 The Net Change Order Amount = Revised Total - Original Total of the items enumerated above. $ 68,967.56 - $ 59,649.00 = $ 9.318.56 Please review this change order data and confirm by signing the accompanying EJCDC Change Order. This project has mandated several items of extra work due to changes. This change order covers extra work that you claim from the beginning of the project to the date of this document. Please let me know if this is correct. Remember this change order does not reflect reconciliation on all pay items. The reconciliation of quantities will be Change Order No. 2. Thank you for your cooperation regarding this matter. If you have any questions please contact this office at 501-444-3417. Enclosures cc: Don Bunn, P.E., Assistant Public Works Director File 3 CHANGE ORDER (Instructions on reverse side) No. I ,1 PROJECT .... M F. G%U E ` w,1 Y DATE OF ISSUANCE .... G( Z. 4./qq....::......... EFFECTIVE DATE ........................................... OWNER ......i.1T. L....O F....t j ? Et%I LI.E.................................................................... Ck OWNER's Contract No. ..... . X8.-5 �............. CONTRACTOR�FF► I. Dr.'At) lz-. INC ENGINEER .....6cP!... OF.. L'!4'I ?'i€!!! u':E...... You are directed to make the following changes in the Contract Documents. Description: ¶*t Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price $ Net changes from previous Change Orders No. to No. Contract Price prior to this Change Order $ Net Increase (decrease f this Change Order $ 4318- Contract Price with all approved Change Orders $ CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: 519 Ready for final payment: o days or dazes Net change from previous Change Orders No. to No. days Contract Times prior to this Change Order Substantial Completion: 50 Ready for final payment: 50 days or dates Net Increase (decrease) of this Change Order ID ys Contract Times with all approved Change Orders Substantial Completion: &0 Ready for final payment: o days or dates RECOWimneer ED: APPROVLeh,,,_ E ACCEPTS By ulhori, Sig ure) By 'Owner (Authorized Slgnainrc) By out or (Amhorixed Signature) Date:______________ Date:______________/ Date: (X EJCDC No. 1910--8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Wayne Ledbetter, Engineering From: Heather Woodruff, City Clerk Date: March 16, 1999 Attached is a copy of the staff review form and change order number one to the contract with Sweetser Construction for the Lake Lucille Spillway for your files. The original will be microfilmed and filed with the city clerk. cc. Internal Auditor File STAFF REVIEW FORM AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Mayor's signature. MICROFILMED FROM: Wayne Ledbetter /'__' Engineering Public Works Name &�N(I Division Department ACTION REQUIRED: Approval of Reconciliation of Quantities(Change order #2) to the construction contract of Lake Lucille Spillway totaling $ 5,758.40. COST TO CITY: $ 5.758.40 Cost of this Request 4470-9470-5817-00 Account Number $ 100,000 Category/Project Budget S 68,967 Funds Used To Date Bridge/Drainage Imbvts Category/Project Name Program Name 98037 $ 31,033 Sales Tax Project Number Remaining Balance Fund BUDGET REVIEW: xxxx Budgeted Item Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acco i D er Date ADA Coordinator Date 3 7 City Attorney Date Z ernal Auditor �g5 Date Pv 39c% Purchasing Officer Date STAFF RECOMbIENDATION: Staff recommends that the Mayor approve the Reconciliation of Quantities(Change order #2) with Sweetser Construction on Lake Lucille Spillway. i/o//n D to Date Date 3/r If Date Cross Reference New Item: Yes Prey Ord/Res #: Orig Contract Date: FAYETTEVILLE DEPARTMENTAL CORRESPONDENCE Mayor Fred Hanna Charles Venable, Public Works Director Don Bunn, Assistant Public Works Director Jim Beavers, City Engineer Wayne Ledbetter, Engineering n This project reconstructed the concrete spillway on the outfall end of Lake Lucille. The structur through the years had deteriorated and as a result, portions of the structure had failed. We have rebuilt the structure and improved some of its features. During this construction, we have encountered some quantities that vary from the Original Quantities. The changes in quantities are noted in the accompanying letter. The original bid was $ 59,649. With change order #1, the contract price became $ 68,967. Wit reconciliatiion of quantities, the total contract price is $ 74, 725.96. Staff Recommendation. The Staff recommends that the Mayor approve this Reconciliation of Quantities (Change Order 2) to the construction contract with Sweetser Construction for the construction of Lake Lucille Spillway. This amount is $ 5,758.40. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS February 26, 1999 Mr. William Sweetser Sweetser Construction 590 West Poplar Fayetteville, AR 72703 RE: Lake Lucille Spillway Fayetteville, Arkansas Reconciliation Change Order No. 2 Dear Mr. Sweetser: Please find enclosed revisions of the Quantities for the above mentioned project. I respectfully request that you review these and confirm these items. The prices and quantities of items before the Reconciliation Change Order are as follows: No. Item Unit Price Estimated Total ($) Quantity ($) 1 Structural Concrete 300.00 103 30900.00 2 Washed Gravel in Place 24.00 100 2400.00 3 Class 7 Base Under Spillway Struct. 16.00 160 2560.00 4 10" PVC Sewer in Place 40.00 85 3400.00 5 6"(8") PVC Sewer in Place 37.00 22 814.00 6 Connections to Existing Manhole 500.00 2 1000.00 7 Concrete for Encasement 150.00 3 450.00 8 Bedding & Backfill for Sewers 24.00 40 960.00 9 Junction Box and 18" RCP 1980.00 1 1980.00 10 Demolition 9960.00 1 9960.00 11 Site Restoration 4925.00 1 4925.00 12 Trench Safety 300.00 1 300.00 13 Additional Demolition 4639.76 1 4639.76 14 Additional Rebar 0.65 121.23 78.80 15 Manhole 1000.00 1 1000.00 16 Additional Dirt 24.00 150 3600.00 TOTAL $ 68,967.00 I 113 WEST MOUNTAIN 72701 501.521-7700 FAX 501-575-8257 Price and quantities of items after the Reconciliation Change Order is as follows: No. Item Unit Price Revised Total ($) Quantity ($) 1 Structural Concrete 300.00 133 39,900.00 2 Washed Gravel in Place 24.00 109.1 2618.40 3 Class 7 Base Under Spillway Struct. 160 160 2560.00 4 10" PVC Sewer in Place 40.00 0 0.00 5 6"(8")PVC Sewer in Place 37.00 72 2664.00 6 Connections to Existing Manhole 500.00 1 500.00 7 Concrete for Encasement 150.00 0 0.00 8 Bedding and Backfill for Sewers 24.00 0 0.00 9 Junction Box and 18" RCP 1980.00 1 1980.00 10 Demolition 9960.00 1 9960.00 11 Site Restoration 4925.00 1 4925.00 12 Trench Safety 300.00 1 300.00 13 Additional Demolition 4639.76 1 4639.76 14 Additional rebar 0.65 121.23 78.80 15 Manhole 1000.00 1 1000.00 16 Additional Dirt 24.00 150 3600.00 TOTAL $ 74,725.96 The Net Change Order Amount = Revised Total - Original Total of the items enumerated above. $ 74,725.96 - $ 68,967.56 = $ 5,758.40 Please review this change order data and confirm by signing the accompanying EJCDC Change Order. This project had some items that overran the original quantities. This change order covers the reconciliation of all work that you claim from the beginning of the project to the date of this document. Please let me know if this is correct. Thank you for your cooperation regarding this matter. If you have any questions please contact this office at 501-444-3417. Enclosures cc: Don Bunn, P.E., Assistant Public Works Director File 2 - CHANGE ORDER (Instructions on reverse side) No. Z PROJECT...L14KE...WeCt .. AY DATE OF ISSUANCE ............................... 'EFFECTIVE DATE ........................................... OWNER ... .......l......4�... F/t}y 17�r,1�li4.E.................................................................. OWNER's Contract No. ..... l� .. '1841 ............... CONTRACTOR Y'P•. ?EE; Sr{Z IntoENGINEER ...< Y.. ..FAiI��! JIU-E... You are directed to make the following changes in the Contract Documents. Description: C.O/JG1L1Jg17DN VF 'aQANTMF,5 Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: So S 641 Ready for final payment: days or dates Net changes from previous Ch Orders No. I to No. ? Net change from previous Change Orders No. I. to No. a /p _'7,3e9— days Contract Price prior to this Change Order. Contract Times prior to this Change Order , gy _I Substantial Completion: Ready for final payment: O days or dates Net Increase (decrease) of this Change Order $___________________ ¢= Net Increase (decrease) of this Change Order 5 days Contract Price with all approved Change Orders Contract Times with all approved Change Orders nA �� $ 74, J .'�C Substantial Completion: bs Ready for final payment: dap or dates APPROVED: By: Owned t oozed Signature) Date: ACCEPTED: By. C u Auth Signature) Date: —..2_C f7 EJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Wayne Ledbetter, Engineering From: Heather Woodruff, City Clerk Date: March 16, 1999 Attached is a copy of the staff review form and change order number two to the contract with Sweetser Construction for the Lake Lucille Spillway for your files. The original will be microfilmed and filed with the city clerk. cc. Internal Auditor File