HomeMy WebLinkAbout159-98 RESOLUTION., -
1
RESOLUTION NO 15 9 - 9 8
A RESOLUTION AWARDING BID NO. 98-88 IN THE AMOUNT
OF $662,863 TO AIR WORKS DIVISION OF MULTICRAFT
CONTRACTORS, INC. FOR THE HVAC RENOVATION IN THE
CITY ADMINISTRATION BUILDING; APPROVAL OF
PROJECT CONTINGENCY AMOUNT OF $46,400; AND
APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 98-88 in the amount of
$662,863 to Air Works Division of Multicrafters Contractors, Inc for the HVAC renovation in the
city administration building; and authonzes the Mayor and City Clerk to execute a contract for said
amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 2.
$46,400.
The City Council hereby approves a project contingency in the amount of
Section 3. The City Council hereby approves a budget adjustment in the amount of
$316,000 increasing Building Improvements, Acct. No. 4470 9470 5804 00, Project 96028 8 by
decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget adjustment
is attached hereto marked Exhibit B and made a part hereof.
i:P.A$SEDIAND APPROVED 'this 1s ` day of December , 1998.
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APPROVED.
/1/1,4444
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ATTEST':
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ByJ Ga�rv.- ���oaa
Heather Woodruff, City Clerk/o
By.
Fred Hanna, Mayor
reT
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This document has important legal consequences; consultation with an attorney is encouraged with respect to its
completion or modification.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
(NATIONAL
SOCIETY OF
PROFESSIONAL
ENGINEERS
MIMI MI
AMERICAN
SOCIETY OF
CML
ENGINEERS
rou+oro
Ust
EXHIBIT A
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General Contractors of America
This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the
Construction Contract, (No. 1910-8) (1990 Edition). Their provisions are interrelated and a change in one may
necessitate a change in the others. The suggested language for instructions to bidders contained in the Guide to the
Preparation of Instructions to Bidders, (No. 1910-12) (1990 Edition) is also carefully interrelated with the language
of this Agreement. Comments concerning their usage are contained in the Commentary on Agreements for
Engineering Services and Contract Documents, (No. 1910-9) (1986 Edition). See also Guide to the Preparation of
Supplementary Conditions, (No. 1910-17) (1990 Edition).
EJCDC No. 1910-8-A-1 (1990 Edition)
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the
fifth day of November
EXHIBIT A
year 19 98 by and between City of Fayetteville, Arkansas
in the
(hereinafter called OWNER) and
Air Works, Division of Multicraft Contractors, Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Artide 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Renovation of the heating, ventilating and air conditioning (HVAC)
system in the City Administration Building, 113 West Mountain Street,
Fayetteville, Arkansas.
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
HVAC Renovations
Administration Building
City of Fayetteville
Article 2. ENGINEER.
The Project has been designed by Green Anderson Engineers, Inc.
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsiblities and have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
41,1001
Article 3. CONTRACT TIMES.
3.1 The Work will be substantially completed within 210 days after the date when the Contract
Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for
final payment in accordance with paragraph 14.13 of the General Conditions within 24u days after the
date when the Contract Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not completed within the times
specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the
General Conditions. They also recognize the delays, expense and difficulties involved in proving the
actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER 'No hundred fif y and 00/100
dollars ($ 250.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial
Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR
shall neglect, refuse or fail to complete the remaining Work wiihin the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER two hundred fifty dollars ($ 250.00 ) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final payment.
(Where failure to reach a Milestone on time is of such consequence to OWNER that the assessment of
liquidated damages is to be provided, appropriate amending or supplementing language should be
inserted here.)
(Strike any of the above paragraphs that are inapplicable)
_ _ ,
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Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an
amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below:
4.1 for all Work other than Unit Price Work, a Lump Sum of:
sixty-three dollars
Six hundred sixty-two thousand eight hundred ($667,1161 nn)
(use words) figures
All specific cash allowances are included in the above price and have been computed in accordance with
paragraph 11.8 of the General Conditions;
plus N/A
4.2 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 that item as indicated in this paragraph 4.2:
UNIT PRICE WORK
ESTIMATED UNIT TOTAL
NO. ITEM UNIT QUANTITY PRICE ESTIMATED
N/A
TOTAL OF ALL UNIT PRICES N/A $ (dollars)
(use words)
As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations
of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General
Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions.
(In special circumstances, the Bid may be attached to avoid extensive retyping. See paragraph 13.10
below. Any exhibits attached should be listed in Article 84
[1f adjustment prices for variations from stipulated Base Bid quantities have been agreed to, insert
appropriate provisions. See Suggested Bid Form Paragraph 4 and Comment 1.]
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or
about the * day of each month during construction as provided in paragraphs 5.1.1. and 5.1.2.
below. All such payments will be measured by the. schedule of values established in paragraph 2.9 of the
General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the
event there is no schedule of values, as provided in the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to _the
percentage indicated below, but, in each case, less the aggregate of payments previously made and less
such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph
14.7 of the General Conditions.
90 % of Work completed (with the balance being retainage). If Work has been 50%
completed as determined by ENGINEER, and if the character and progress of the Work have been
•satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed.
9n % (with the balance being retainage) of materials and equipment not incorporated in the
Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as
provided in paragraph 14.2 of the General Conditions).
5:1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRAC-
TOR to 100 % of the Contract Price (with the balance being retainage), less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13
of the General Conditions, OWNER shall pay the remainderof the Contract Price as recommended by
ENGINEER as provided in said paragraph 14.13.
* Within 30 days of the Contractor's application for payment
after approval and certification by the Engineer.
Article 6. INTEREST.
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All moneys not paid when due as provided in Article 14 of the. General Conditions shall bear interest at the
maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda
listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical
data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and
site conditions that may affect cost, progress, performance or furnishing of the Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations
that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or
contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the
"technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as
provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and
drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRAC-
TOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or
assumes responsibility for having done so) all such additional supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities)
at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the
Contract Times and in accordance with the other terms and conditions of the Contract Documents.
7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
site that relates to the Work as indicated in the Contract Documents.
7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observa-
tions obtained from visits to the site, reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepan-
cies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
c
Article 8. CONTRACT DOCUMENTS.
-;i
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1 to 8 , inclusive).
8.2. Exhibits to this Agreement (pages none to , inclusive).
8.3. Performance, Payment, and other Bonds, identified as exhibits and consisting of pages.
8.4. Notice to Proceed.
8 5 General Conditions (pages to 42 , inclusive).
8.6. Supplementary Conditions (pages 01400-10 01400-8inclusive).
HVAC Renovation Administration Building
8.7.1 Specifications bearing the title City of Fayetteville and consisting of 4 divisions and
66 pages, as listed in table of contents thereof.
M1 -M13, E1-E3,S1
8.8. Drawings consisting of a cover sheet and sheets numbered xttacogla , inclusive with
each sheet bearing the following general title: HVAC Renovation Administration Building City of
Fayetteville
(Fill in, and, if a set of Drawings is not attached to each signed counterpart of Agreement so indicate
in which case OWNER and CONTRACTOR should initial or otherwise appropriately idents each
Drawing.]
8.9. Addenda numbers 1 to 3 , inclusive.
[Those Addenda which pertain exclusively to the bidding process need not be listed.]
8.10. CONTRACTOR's Bid (pages01100-1 to 0.1100-2 inclusive) marked exhibit -
(Attach actual Bid only in special circumstances.)
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages none to
inclusive).
8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not
attached hereto: All Written Amendments and other documents amending, modifying or supplementing the
Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq above are attached to this Agreement (except as expressly noted
otherwise above).
There are no Contract Documents other than those listed above in this Article 13. The Contract Documents may
only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions.
1
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Article 9. MISCELLANEOUS.
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9.1. Terms used in this Agreement which and defined in Aiticle 1 of the General Conditions will have the
meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and, specifically
but without limitation, moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment will release•or
discharge the assignor from any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representa-
tives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all
covenants, agreements and obligations contained in the Contract Documents.
9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision. -
9.5 OTHER PROVISIONS.
(Insert other provisions here if applicable.)
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract
Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on
Effective Date of the Agreement).
November 17,
OWNER City of Fayetteville Arkansas
' ORPORATE SEAL]
,ate
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\ ti 7.
Address for_givinginotices
-�tt
113 West Mountain
Fayetteville, AR 72701
(If OWNER is a public body, attach evidence of.
authority to sign and resolution or other documents
authorizing execution of Agreement.
19 98 (which is the
CONTRACTOR Air Work a,-divisinn of
Multi—Craft Contractors, Inc
Address for giving notices
2300 Lowell Road
Springdale, AR 72764
License No 0025810397
Agent for service of process.
(If CONTRACTOR is a corporation, attach evidence
of authority to sign).
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ssed
City of Fayetteville, Arkarisas
Budget Adjustment Form
EXHIBIT B
Budget Year
1998
•
Department: Sales Tax Capital Improvements
Division:
Program:
Date Requested
11/05/98
Adjustment #
Project or Item Requested:
Additional funding is requested for the Building Improvements
Project.
Project or Item Deleted:
None. Use of fund balance is proposed for this adjustment.
Justification of this Increase:
The additional funding is needed to fund the cost of the project.
The work involved is more extensive than originally planned.
Justification of this Decrease:
Interest earning are in excess of projected sufficient to fund this
request.
Account Name
Building Improvements
Account Name
Increase Expense (Decrease Revenue)
Amount Account Number
316,000 4470 9470
Project Number
5804 00 96028 8
Decrease Expense (Increase Revenue)
Amount Account Number
Use of Fund Balance 316,000
4470 0947 4999 99
Project Number
Request`
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Date
Date
Budget Office Use Only
Type: A B C ($5 E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requeste C:.4PPW8BUD\BAAD.NiVAC_BA.WK4
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Tills document has important legal consequences: consultation with an attorney is encouraged with
respect to its completion or modification.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
NATIONAL
SOCIETY OF
PROFESSIONAL
ENGINEERS
IOUNDID n>,
and
Issued and Published Jointly By
AMERICAN
SOCIETY OF
CIVIL
ENGINEERS
rOONOL0
11112
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General
Contractors of America
These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or
1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved, the Standard Foran of Instructions to Bidders (No. 1910.12) (1990 Edition) may be used.
EJCDC No. 1910-8 (1990 Edition)
Reprinted 5/91
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph Page
Number & Title Number
1 DEFINITIONS - 13
1.1 Addenda 13
1.2 Agreement - 13
1.3 Application for Payment 13
1.4 Asbestos 13
1.5 Bid 13
1.6 Bidding Documents 13
1.7 Bidding Requirements 13
1.8 Bonds - 13
1.9 Change Order 13
1.10 Contract Documents - 13
1.11 Contract Price 13
1.12 Contract Times 13
1.13 CONTRACTOR 13
1.14 defective 13
1.15 Drawings 13
1.16 Effective Date of the Agreement 13
1.17 ENGINEER 13
1.18 ENGINEER's Consultant 13
1.19 Field Order 13
1.20 General Requirements 14
1.21 Hazardous Waste 14
1.22 Laws and Regulations; Laws or
Regulations 14
1.23 Liens 14
1.24 Milestone 14
1.25 Notice of Award 14
1.26 Notice to Proceed 14
1.27 OWNER 14
1.28 Partial Utilization 14
1.29 PCBs 14
1.30 Petroleum 14
1.31 Project 14
1.32 Radioactive Material 14
1.33 Resident Project Representative 14
1.34 Samples 14
1.35 Shop Drawings 14
1.36 Specifications 14
1.37 Subcontractor 14
1.38 Substantial Completion 14
1.39 Supplementary Conditions 14
1.40 Supplier 14
1.41 Underground Facilities 14
1.42 Unit Price Work 14
1.43 Work 15
1.44 Work Change Directive 15
1.45 Written Amendment 15
2. PRELIMINARY MATTERS
2.1 Delivery of Bonds
2.2 Copies of Documents
2.3 Commencement of Contract Times;
Notice to Proceed
2.4 Starting the Work
r
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Article or Paragraph Page
Number & Title Number
2.5-2.7 Before Starting Construction;
CONTRACTOR's Responsibility to
Report: Preliminary Schedules;
Delivery of Certificates of
Insurance 15
2.8 Preconstruction Conference 15
2.9 Initially Acceptable Schedules 16
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.1-3.2 Intent
3.3 Reference to Standards and
Specifications of Technical Societies;
Reporting and Resolving
Discrepancies
3.4 Intent of Certain Terms or Adjectives
3.5 Amending Contract Documents
3.6 Supplementing Contract Documents
3.7 Reuse of Documents
4. AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS; REFERENCE POINTS .
4.1 Availability of Lands
4.2 Subsurface and Physical Conditions
4.2.1 Reports and Drawings
4.2.2 Limited Reliance by CONTRACTOR
Authorized; Technical Data
4.2.3 Notice of Differing Subsurface or
Physical Conditions
4.2.4 ENGINEER's Review
4.2.5 Possible Contract Documents Change .
4.2.6 Possible Price and Times Adjustments .
4.3 Physical Conditions -Underground
Facilities
4.3.1 Shown or Indicated
4.3.2 Not Shown or Indicated
4.4 Reference Points
4.5 Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material
16
16
16
17
17
17
17
17
17
17
17
18
18
18
18
18
18
18
19
19
19
5. BONDS AND INSURANCE 20
5.1-5.2 Performance, Payment and Other Bonds 20
5.3 Licensed Sureties and Insurers;
Certificates of insurance 20
5.4 CONTRACTOR's Liability Insurance 20
5.5 OWNER's Liability Insurance 21
5.6 Property Insurance 21
5.7 Boiler and Machinery or Additional
15 Property Insurance 21
15 5.8 Notice of Cancellation Provisions 21
15 5.9 CONTRACrOR's Responsibility for
Deductible Amounts 22
15 5.10 Other Special Insurance 22
15 5.11 Waiver of Rights 22
1
1.1
•
4
•
Article or Paragraph Page
Number & Tide Number
5.12-5.13 Receipt and Application of Insurance
Proceeds 22
5.14 Acceptance of Bonds and Insurance;
Option to Replace 22
5.15 Partial Utilization -Property
Insurance - 23
6. CONTRACTOR'S RESPONSIBILITIES
6.1-6.2 Supervision and Superintendence
6 3-6 5 Labor, Materials and Equipment
6.6 Progress Schedule
6.7 Substitutes and "Or -Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation
6.8-6.11 Concerning Subcontractors, Suppliers
and Others; Waiver of Rights
6.12 Patent Fees and Royalties
6.13 Permits
6.14 Laws and Regulations
6.15 Taxes
6.16 Use of Premises
6.17 Site Cleanliness
6.18 Safe Structural Loading 26
6.19 Record Documents 26
6.20 Safety and Protection 26
6.21 Safety Representative 26
6.22 Hazard Communication Programs 27
6.23 Emergencies 27
6 24 Shop Drawings and Samples 27
6.25 Submittal Procedures;
CONTRACTOR's Review Prior to
Shop Drawing or Sample Submittal . 27
6.26 Shop Drawing & Sample Submittals
Review by ENGINEER
6.27 Responsibility for Variation From
Contract Documents
6.28 Related Work Performed Prior to
ENGINEER's Review and Approval
of Required Submittals -
6.29 Continuing the Work
6.30 CONTRACTOR's General
Warranty and Guarantee
6.31-6.33 Indemnification _
6.34 Survival of Obligations 28
23
23
23
23
Article or Paragraph
Number & Title
8.6 Change Orders
8.7 Inspections, Tests and Approvals
8.8 Stop or Suspend Work; Terminate
CONTRACTOR s Services
8.9 Limitations on OWNER's
Responsibilities
8.10 Asbestos, PCBs, Petroleum, Hazardop
Waste or Radioactive Material
8.11 Evidence of Financial Arrangements
9. ENGINEER'S STATUS DURING
CONSTRUCTION 30
9.1 OWNER's Representative 30
9.2 Visits to Site 30
9.3 Project Representative 30
23 9.4 Clarifications and Interpretations 30
9.5 Authorized Variations in Work 30
24 9.6 Rejecting Defective Work 30
Page
Number
29
29
s
29
30
30
30
9.7-9.9 Shop Drawings, Change Orders and
25
25
Payments 31
25 9.10 Determinations for Unit Prices 31
ZS 9.11-9.12 Decisions on Disputes; ENGINEER as
Initial Interpreter 31
26
9.13 Limitations on ENGINEER's
26
Authority and Responsibilities 31
10. CHANGES IN THE WORK 32
10.1 OWNER Ordered Change 32
10.2 Claim for Adjustment 32
10.3 Work Not Required by Contract
Documents 32
10.4 Change Orders
10.5 Notification of Surety
11. CHANGE OF CONTRACT PRICE
11.1-11.3 Contract Price; Claim for Adjustment;
27 Value of the Work
11.4 Cost of the Work
27 11.5 Exclusions to Cost of the Work
11.6 CONTRACTIDR's Fee
11.7 Cost Records
27 11.8 Cash Allowances
28 11.9 Unit Price Work
28 12. CHANGE OF CONTRACT TIMES
28 12.1 Claim for Adjustment
12.2 Time of the Essence
12.3 Delays Beyond CONTRACTOR s
Control
12.4 Delays Beyond OWNER's and
CONTRACTOR's Control
7. OTHER WORK 29
7.1-7.3 Related Work at Site 29
7.4 Coordination
8. OWNER'S RESPONSIBILITIES 29
8.1 Communications to Contractor 29
8.2 Replacement of ENGINEER
8.3 Furnish Data and Pay Promptly When
Due
8.4 Lands and Easements; Reports and
Tests
8.5 Insurance
13. TESTS AND INSPECTIONS; CORRECTION,
29 REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK 36
29 13.1 Notice of Defects 36
13.2 Access to the Work 36
29 13.3 Tests and Inspections; Contractor's
29 Cooperation 36
32
32
32
33
34
34
34
35
35
35
35
35
35
35
2
j
i
w
•
•
•
•
•
Article or Paragraph Page
Number & Title Number
13.4 OWNER's Responsibilities;
Independent Testing Laboratory 36
13.5 CONTRACTOR s Responsibilities 36
13.6-13.7 CoveringWork Prior to Inspection,
Testing or Approval 36
13.8-13.9 Uncovering Work at ENGINEER's
Request 36
13.10 OWNER May Stop the Work 36
13.11 Correction or Removal of Defective
Work 37
13.12 Correction Period
13.13 Acceptance of Defective Work 37
13.14 OWNER May Correct Defective
Work 37
14. PAYMENTS TO CONTRACTOR AND
COMPLETION 37
14.1 Schedule of Values 37
14.2 Application for Progress Payment 38
14.3 CONTRACTOR s Warranty of Title 38
14.4-14.7 Review of Applications for
Progress Payments 38
14.8-14.9 Substantial Completion 39
14.10 Partial Utilization - 39
14.11 Finallnspection 39
Article or Paragraph Page
Number & Tide Number
14.12 Final Application for Payment 40
14.13-14.14 Final Payment and Acceptance 40
14.15 Waiver of Claims 40
15. SUSPENSION OF WORK AND
TERMINATION 40
15.1 OWNER May Suspend Work 40
15.2-15.4 OWNER May Terminate 40
15.5 CONTRACTOR May Stop Work or
Terminate 41
16. DISPUTE RESOLUTION 41
17. MISCELLANEOUS
17.1 Giving Notice
17.2 Computation of Times
17.3 Notice of Claim
17.4 Cumulative Remedies
17.5 Professional Fees and Court Costs
Included
EXHIBIT GC -A (Optional):
Dispute Resolution Agreement (Optional)
16.1-16.6 Arbitration
16.7 Mediation
GC -A1
GC -AI
GC -A2
42
42
42
42
42
42
•
•
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of -
Bonds and Insurance 5.14
defective Work 10.4.1, 13.13, 13.15
final payment 9.12, 14.15
insurance 5.14
other Work, by CONTRACTOR 7 3
Substitutes and "Or -Equal" Items 6.7.1
Work by OWNER 2 5 6 30, 6 34
Access to the -
Lands, OWNER and CONTRACTOR
responsibilities 4.1
site, related work 7 2
Work, 13.2, 13.14, 14.9
Acts or Omissions-, Acts and Omissions -
CONTRACTOR 6.9.1, 9.13.3
ENGINEER 6.20, 9.13.3
OWNER 6 20, 8.9
Addenda -definition of (also see
definition of Specifications) (1.6, 1.10, 6.19) 1.1
Additional Property Insurances 5.7
Adjustments
Contract Price or Contract
Times 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5,
10.2-10.4,11,12,14.8,15.1
progress schedule 6.6
Agreement -
definition of 1.2
All risk Insurance, policy form 5.6.2
Allowances, Cash 11.8
Amending Contract Documents 3.5
Amendment, Written -
in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,
10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to 9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment -
definition of 1.3
ENGINEER's Responsibility 9.9
final payment 9.13.4, 9.13.5, 14.12-14.15
in general 2.8, 2.9,'5.6.4, 9.10, 15.5
progress payment 14.1, 14.7
review of 14.4-14.7
Arbitration (Optional) 16.1-16.6
Asbestos -
claims pursuant thereto -
CONTRACTOR authorized to stop Work
definition of
OWNER responsibility for 4.5.1, 8.10
possible price and times change 4.5.2
Authorized Variations in Work 3.6, 6.25, 6.27, 9.5
Availability of Lands 4.1, 8.4
Award, Notice of -defined 1 25
Before Starting Construction 2.5-2.8
Bid -definition of 1.5
(1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9,1)
4.5.2, 4.5.3
4.5.2
1.4
4
Article or Paragraph
Number
Bidding Documents -definition of 1.6 (6.8.2)
Bidding Requirements -definitions of 1.7 (1.1, 4.2.6.2)
Bonds -
acceptance of 5.14
additional bonds 10.5, 11.4.5.9
Cost of the Work 11.5.4
definition of 1.8
delivery of 2 1 5 1
final application for payment 14.12-14.14
general 1 10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6
performance, Payment and Other 5.1-5.2
Bonds and Insurance -in general 5
Builder's risk "all risk" policy form
Cancellation Provisions, Insurance
Cash Allowances
Certificate of Substantial Completion
5.6.2
5.4.11., 5.8, 5.15
11.8
1.38, 6.30.2.3,
14.8, 14.10
Certificates of Inspection 9.13.4, 13.5, 14.12
Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price -
Cash Allowances 11.8
claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2,
94 95 911 102 105, 11 2, 13.9,
13.13, 13.14, 15.1, 15.5
CONTRACTOR's fee 11.6
Cost of the Work
general 11.4-11.7
Exclusions to 11.5
Cost Records 11.7
in general 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11
Lump Sum Pricing 11.3.2
Notification of Surety 10.5
Scope of 10.3-10.4
Testing and Inspection, Uncovering the Work 13.9
Unit Price Work 11.9
Value of Work 11.3
Change in Contract Times -
Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13,
13.14, 14.7, 15.1, 15.5
Contractual time limits 12.2
Delays beyond CONTRACTOR s control 12.3
Delays beyond OWNER's and CONTRACTOR s con-
trol 12.4
Notification of surety 10.5
Scope of change 10.3-10.4
Change Orders -
Acceptance of Defective Work 13.13
Amending Contract Documents 3.5
Cash Allowances 11.8
Change of Contract Price 11
Change of Contract Times 12
Changes in the Work 10
CONTRACTOR's fee 11.6
Cost of the Work 11.4-11.7
ti
•
Article or Paragraph
Number
Cost Records 11.7
definition of 1.9
emergencies 6.23
ENGINEER's responsibility 9.8, 10.4, 11.2, 12.1
execution of 10.4
Indemnification 6.12, 616, 6.31, 6.33
Insurance, Bonds and 5 10, 5.13, 10.5
OWNER may terminate 15.2-15.4
OWNER's Responsibility 8.6, 10.4
Physical Conditions -
Subsurface and, - 4.2
Underground Facilities 4.3.2
Record Documents 6 19
Scope of Change 10.3-10.4
Substitutes 6.7.3, 6.8.2
Unit Price Work - 11.9
value of Work, covered by 11.3
Changes in the Work 10
Notification of surety 10.5
OWNER's and CONTRA, R's responsibilities 10.4
Right to an adjustment 10 2
Scope of change 10.3-10.4
Claims -
against CONTRACIUR 6 16
against ENGINEER 6.32
against OWNER 6.32
Change of Contract Price 9 4, 11.2
Change of Contract Times - 9.4, 12.1
CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10:2, 11.2, 11.9,
12.1, 14.8, 15.1, 15.5, 17.3
CONTRACTOR s Fee 11.6
CONTRACTOR's liability 5.4, 6.12, 6.16, 6.31
Cost of the Work - 11.4, 11.5
Decisions on Disputes 9.11, 9.12
Dispute Resolution 16.1
Dispute Resolution Agreement 16.1-16.6
ENGINEER as initial interpretor - 9.11
Lump Sum Pricing 11.3.2
Notice of - 17.3
OWNER's 94 95 9 II, 10.2, 11.2, 11.9, 12.1,
13.9, 13.13, 13.14, 17.3
OWNER's liability 5.5
OWNER may refuse to make payment 14.7
Professional Fees and Court Costs Included - 17.5
request for formal decision on - 9 11
Substitute items 6.7.1.2
Time Extension - 12.1
Time requirements 9 11, 12.1
Unit Price Work - 11.9.3
Value of 113
Waiver of -on Final Payment 14.14, 14.15
Work Change Directive 10.2
written notice required 9 1;1, 11.2, 12.1
Clarifications and Interpretations 3 6 3, 9.4, 9.11
Clean Site 6.17
Codes of Technical Society, Organization or
Association 3.3.3
Commencement of Contract Times
Communications -
23
5
1
•
Article or Paragraph
Number
general 6.2, 6.9.2, 8.1
Hazard Communication Programs 6.22
Completion -
Final Application for Payment 14.12
Final Inspection 14.11
Final Payment and Acceptance 14.13-14.14
Partial Utilization 14.10
Substantial Completion 1.38, 14.8-14.9
Waiver of Claims 14.15
Computation of Times 17.2.1-17.2.2
Concerning Subcontractors,
Suppliers and Others 6.8-6.11
Conferences -
initially acceptable schedules 2.9
preconstruction 2.8
Conflict, Error, Ambiguity, Discrepancy -
CONTRACTOR to Report 2.5, 3.3.2
Construction, before starting by CONTRACTOR .... 2.5-2.7
Construction Machinery, Equipment, etc. 6.4
Continuing the Work 6.29, 10.4
Contract Documents -
Amending 3 5
Bonds 5.1
Cash Allowances 11.8
Change of Contract Price 11
Change of Contract Times 12
Changes in the Work 10 4-10 5
check and verify 2.5
Clarifications and Interpretations 3 2, 3.6, 9.4, 9.11
definition of 1.10
ENGINEER as initial interpreter of 9.11
ENGINEER as OWNER's representative 9.1
general 3
Insurance 5.3
Intent 3.1-3.4
minor variations in the Work 3 6
OWNER's responsibility to furnish data 8.3
OWNER's responsibility to make
prompt payment 8.3, 14.4, 14.13
precedence 3.1, 3.3.3
Record Documents 6.19
Reference to Standards and Specifications
of Technical Societies 3.3
Related Work 7.2
Reporting and Resolving Discrepancies 2.5, 3.3
Reuse of 3.7
Supplementing 3.6
Termination of ENGINEER's Employment 8.2
Unit Price Work 11.9
variations 3.6, 6.23, 6.27
Visits to Site, ENGINEER's 9.2
Contract Price -
adjustment of 3 5 4 1, 9.4, 10.3, 11.2-11.3
Change of 11
Decision on Disputes 9.11
definition of 1.11
Contract Times -
adjustment of 3.5, 4.1, 9.4, 10.3, 12
Change of 12.1-12.4
Article or Paragraph
Number
Commencement of 2.3
definition of 1.12
CONTRACTOR -
Acceptance of Insurance 5.14
Limited Reliance on Technical Data Authorized 4.2.2
Communications 6.2, 6.9.2
Continue Work 6.29, 10.4
coordination and scheduling 6.9.2
definition of 1.13
May Stop Work or Terminate 15.5
provide site.access to others 7.2, 13.2
Safety and Protection 4.3.1.2, 6.16, 6.18, 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review Prior to Submittal . 6.25
Stop Work requirements 4.5.2
CONTRACTOR's-
Compensation 11.1-11.2
Continuing Obligation 14.15
Defective Work 9 6, 13.10.13.14
Duty to correct defective Work 13.11
Duty to Report -
Changes in the Work caused by
Emergency 6.23
Defects in Work of Others 7.3
Differing conditions 4.2.3
Discrepancy in Documents 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated 4.3.2
Emergencies 6.23
Equipment and Machinery Rental, Cost
of the Work 11.4.5.3
Fee -Cost -Plus 11.4.5.6, 11.5.1, 11.6
General Warranty and Guarantee 6.30
Hazard Communication Programs 6.22
Indemnification 6.12, 6.16, 6.31-6.33
Inspection of the Work 7.3, 13.4,
Labor, Materials and Equipment 6 3-6.5
Laws and Regulations, Compliance by 6.14.1
Liability Insurance 5 4
Notice of Intent to Appeal 9.10, 10.4
obligation to perform and complete the Work 6 30
Patent Fees and Royalties, paid for by 6.12
Performance and Other Bonds 5.1
Permits, obtained and paid for by 6.13
Progress Schedule 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1
Request for formal decision on disputes 9.11
Responsibilities -
Changes in the Work 10.1
Concerning Subcontractors, Suppliers and Others . 6.8-
6.11
Continuing the Work 6 29, 10.4
CONTRACTOR s expense 6.7.1
CONTRACTOR's General Warranty and Guaran-
tee 6.30
CONTRACTOR'S review prior to Shop Drawing or Sam-
ple submittal 6.25
Coordination of Work 6.9.2
Emergencies 6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items 6.7.3
Article or Paragraph
Number
For Acts and Omissions of Others 6.9.1-6.9.2, 9.13
for deductible amounts, insurance 5.9
general 6, 7.2, 7.3, 8.9
Hazardous Communication Programs 6.22
Indemnification 6.31-6.33
Labor, Materials and Equipment 6.3-6.5
Laws and Regulations 6.14
Liability Insurance 5.4
Notice of variation from Contract Documents 6.27
Patent Fees and Royalties 6.12
Permits 6.13
Progress Schedule 6.6
Record Documents 6.19
related Work performed prior to ENGINEER'S
approval of required submittals 6.28
safe structural loading 6.18
Safety and Protection 6.20, 7.2, 13.2
Safety Representative 6.21
Scheduling the Work 6.9.2
Shop Drawings and Samples 6 24
Shop Drawings and Samples Review
by ENGINEER 6.26
Site Cleanliness 6.17
Submittal Procedures 6.25
Substitute Construction Methods and
Procedures 6.7.2
Substitutes and "Or -Equal" Items 6 7.1
Superintendence 6.2
Supervision 6.1
Survival of Obligations 6.34
Taxes 6.15
Tests and Inspections 13.5
To Report 2.5
Use of Premises 6.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6.25
Right to adjustment for changes in the Work 10.2
right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1,
13.9, 14.8, 15.1, 15.5, 17.3
Safety and Protection 6.20-6.22, 7.2, 13.2
Safety Representative 6.21
Shop Drawings and Samples Submittals 6.24-6.28
Special Consultants 11.4.4
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2
Subcontractors, Suppliers and Others 6 8-6.11
Supervision and Superintendence 6.1, 6.2, 6.21
Taxes, Payment by 6.15
Use of Premises 6.16-6.18
Warranties and guarantees 6.30, 65
Warranty of Title 14.3
Written Notice Required -
CONTRACTOR stop Work or terminate 15.5
Reports of Differing Subsurface and Physical Condi-
tions 4.2.3
Substantial Completion 14.8
CONTRACTORS -other 7
Contractual Liability Insurance 5.4.10
Contractual Time Limits 12.2
Coordination
•
Article or Paragraph
Number
CONTRACTOR's responsibility 6.9.2
Copies of Documents
Correction Period 13.12
Correction, Removal or Acceptance of
Defective Work
in general 10.4.1, 13.10-13.14
Acceptance of Defective Work 13.13
Correction or Removal of Defective Work 6.30, 13.11
Correction Period 13.12
OWNER May Correct Defective Work 13.14
OWNER May Stop Work 13.10
Cost -
of Tests and Inspections 13.4
Records 11.7
Cost of the Work -
Bonds and insurance, additional 11.4.5.9
Cash Discounts 11.4.2
CONTRACTOR's Fee 11.6
Employee Expenses 11.4.5.1
Exclusions to 11.5
General 11.4-11.5
Home office and overhead expenses 11.5
Losses and damages 11.4.5.6
Materials and equipment 11.4.2
Minor expenses 11.4.5.8
Payroll costs on changes 11.4.1
performed by Subcontractors 11.4.3
Records 11.7
Rentals of construction equipment and machinery . 114.5.3
Royalty payments, permits and license fees 11.4.5.5
Site office and temporary facilities 11.4.5.2
Special Consultants, CONTRACTOR's 11.4.4
Supplemental 11.4.5
Taxes related to the Work 11.4.5.4
Tests and Inspection 13.4
Trade Discounts 11.4.2
Utilities, fuel and sanitary facilities - 11.4.5.7
Work after regular hours 11.4.1
Covering Work 13.6-13.7
Cumulative Remedies 17.4-17.5
Cutting, fitting and patching 7.2
Data, to be furnished by OWNER 8.3
Day -definition of 17.2.2
Decisions on Disputes - 9 11, 9.12
defective -definition of 1.14
defective Work -
Acceptance of 10.4.1, 13.13
Correction or Removal of 10 4 1 13.11
Correction Period 13.12
in general 13, 14.7, 14.11
Observation by ENGINEER 9.2
OWNER May Stop Work - 13.10
Prompt Notice of Defects 13.1
Rejecting 9 6
Uncovering the Work 13.8
Definitions 1
Delays 4.1, 6.29, 12.3-12.4
Delivery of Bonds - 2.1
Delivery of certificates of insurance - 2.7
22
7
Article or Paragraph
Number
Determinations for Unit Prices 9.10
Differing Subsurface or
Physical Conditions
Notice of
ENGINEER's Review 4 2 4
Possible Contract Documents Change 4.2.5
Possible Price and Times Adjustments 4.2.6
Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2
Dispute Resolution -
Agreement 16.1-16.6
Arbitration 16.1-16.5
general 16
Mediation 16.6
Dispute Resolution Agreement 16.1-16.6
Disputes, Decisions by ENGINEER 9.11-9.12
Documents -
Copies of 2.2
Record 6.19
Reuse of 3.7
Drawings -definition of 1 15
Easements 4.1
Effective date of Agreement -definition of 1.16
Emergencies 6.23
ENGINEER -
as initial interpreter on disputes 9.11-9.12
definition of 1.17
Limitations on authority and
responsibilities 9.13
Replacement of 8 2
Resident Project Representative 9.3
ENGINEER's Consultant -definition of 1.18
ENGINEER's-
authority and responsibility, limitations on 9.13
Authorized Variations in the Work 9.5
Change Orders, responsibility for 9.7, 10, 11, 12
Clarifications and Interpretations 3.6.3, 9.4
Decisions on Disputes 9 11-9.12
defective Work, notice of 13.1
Evaluation of Substitute Items 6 7 3
Liability 6.32, 9.12
Notice Work is Acceptable 14.13
Observations 6.30.2, 9.2
OWNER's Representative 9 1
Payments to the CONTRACTOR,
Responsibility for 9.9, 14
Recommendation of Payment 14.4, 14.13
Responsibilities -
Limitations on 9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions 4.2.4
Shop Drawings and Samples, review
responsibility 6.26
Status During Construction -
authorized variations in the Work 9.5
Clarifications and Interpretations 9.4
Decisions on Disputes 9.11-9.12
Determinations on Unit Price 9.10
ENGINEER as Initial Interpreter 9.11-9.12
ENGINEER's Responsibilities 9 1-9.12
423
Article or Paragraph
Number
Limitations on ENGINEER's Authority and
Responsibilities ....................................
9.13
OWNER's Representative .........................
9.1
Project Representative .. ,6 6 6 .....................
6. 9.3
Rejecting Defective Work ..........................9.6
Shop Drawings, Change Orders and
Payments.................................9.7-9.9
Visits to Site ......................................
9.2
Unit Price Determinations .......6.......6.....66....
9.10
Visits to Site .................6.6.6..6................
9.2
Written consent required ..........................
7.2, 9.1
Equipment, Labor, Materials and .6.3-6.5
Equipment rental, Cost of the Work ................
11.4.5.3
Equivalent Materials and Equipment ....66......6..6....
6.7
Errors or omissions...................................6.33
Evidence of Financial Arrangements ...................
8.11
Explorations of physical conditions ...................4.2.!
Fee, CONTRACTOR's—Costs-Plus 6 .............
6.6 6. 11.6
Field Order —
definition of ........................................
1.19
issued by ENGINEER .........................
3.6.1, 9.5
Final Application for Payment ........................
14.12
Final Inspection ......................................
14.11
Final Payment —
and Acceptance ...66.........6.......6.......
14.13-14.14
Prior to, for cash allowances ...66.....6.6...........
11.8
General Provisions ...........6.6..........6.6....
17.3-17.4
General Requirements—
defintion of.........................................1.20
principal references to ..............
2.6, 6:4, 6.66.7, 6.24
Giving Notice.........................................17.1
Guarantee of Work —by
CONTRACTOR ..............................
6.30, 14.12
Hazard Communication Programs .....................
6.22
Hazardous Waste —
definition of........................................1.21
general..............................................4.5
OWNER's responsibility for .6.......6........6.6...
8.10
Indemnification ........6...4 6.6........
6.12, 6.16, 6.31-6.33
Initially Acceptable Schedules ..........................
2.9
Inspection —
Certificates of .........................
9.13.4, 13.5, 14.12
Final..................6........6...........6....6.
14.11
Special, required by ENGINEER ....................9.6
Tests and Approval ........................8.7.
13.3-13.4
Insurance —
Acceptance of, by OWNER .........................
5.14
Additional, required by changes
in the Work ..............6...66...6.........
11.4.5.9
Before starting the Work .............................
2.7
Bonds and in general ....................
I............. 5
Cancellation Provisions ..............................
5.8
Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13,
5.6.5, 5.8, 5.14,
9.13.4, 14.12
completed operations ..............................
5.4.13
CONTRACTOR's Liability ...........................
5.4
CONTRACfOR's objection to coverage ............. 5.14
Contractual Liability ..............................5.4.10
Article or Para
Ni
deductible amounts, CONTRACTOR's
responsibility ..................................
Final Application for Payment ......................
Licensed Insurers ..................................
Notice requirements, material
changes ..................................
5.8,
Option to Replace .................................
other special insurances ............................
OWNER as fiduciaryfor insureds ..............
5.1
OWNER's Liability ................................
OWNER's Responsibility ..........................
Partial Utilization, Property Insurance ..............
Property........................................5.
Receipt and Application of Insurance Proceeds ..
5.1
Special Insurance ..................................
Waiver of Rights ...................................
Intent of Contract Documents .......................
3
Interpretations and Clarifications ........6........3.6.
Investigations of physical conditions ..................
Labor, Materials and Equipment ....................
Lands —
and Easements.................6..................
Availability of...................................4.
Reports & Tests ...................................
Laws and Regulations —Laws or Regulations —
Bonds...........................................
5
Changes in the Work ...............................
Contract Documents ...............................
CONTRACTOR's Responsibilities ..................
Correction Period, defective Work ....4 .............
Cost of the Work, taxes .........................I
I
definition of .......................................
general............................................
Indemnification................................6.3
Insurance ..........................................
Precedence....................................3.1
Reference to .......................................
Safety and Protection ..........................
6.2(
Subcontractors, Suppliers and Others ............
6.
Tests and Inspections ...........66..........66.....
Use of Premises ...................................
Visits to Site .......................................
Liability Insurance—
CONTRACfOR's ...4............0 ..............66.
OWNER's.........................................
Licensed Sureties and Insurers .......................
Liens —
Application for Progress Payment ............6666..
Contractor's Warranty of Title ......................
Final Application for Payment ......................
definitionof .......................................
Waiver of Claims ..................................
Limitations on ENGINEER's authority and
responsibilities ....................................
Limited Reliance by CONTRACTOR Authorized
......
Maintenance and Operating Manuals=
Final Application for Payment ......................
Manuals (of others) —
Precedence.......................................?
Article or Paragraph
Number
Reference to in Contract Documents ................ 3.3.1
Materials and equipment —
6.3
furnished by CONTRACTOR ............. • •
not incorporated in Work .............14.2
Materials or equipment —equivalent .....................67
...................
Mediation (Optional)..............16.7
. 7
1.24
Milestones definition of .........................
0....
Miscellaneous —
17.2
Computation of Times ......................
0
17.4
Cumulative Remedies .........................
..4
17.1
Giving Notice .......................................
Notice of Claim...........17.3
Professional Fees and Court Costs Included ..........
17.5
Multi -prime contracts ...........
4.3.2
Not Shown or Indicated
...... 4
Notice of—
14.13
Acceptability of Project ............................
Award, definition of .................................
17.3
Claim ..............................................
13.1
Defects, .....................0........
..............
Differing Subsurface or Physical Conditions ........:.4.2.
3
Giving ..........................................
17.3
Tests and Inspections .............................
..
6.27
Variation, Shop Drawing and Sample 00............00
Notice to Proceed —
1.26
definition of ........................................
givingof .........................................0...2.3
10.5
Notification to Surety .................................
6.30, 9.2
Observations, by ENGINEER .....................
5.15,
6.30.2.4, 14.10
Occupancy of the Work .0............
6.9, 9.13
Omissions or acts by CONTRACTOR .. • • .. .
. . . . . .
"Open peril" policy form, Insurance ...................5.6.2
Option to Replace ...............................
......5.14
7
"Or Equal" Items............................4.......0.
6
Other work .......................................
6
Overtime Work —prohibition of ...............
. ......... .3
OWNER —
Acceptance of defective Work ........13.13
8.2
appoint an ENGINEER ..............................
5.12-5.13
as fiduciary ...............5.12-5.13 .. ........0.........000
Availability of Lands, responsibility .................4.1
1.27
definition of
8.3
data, furnish ........................................
13.4
May Correct Defective Work .................
• ..
May refuse to make payment ........................114
May Stop the Work .............13.10
may suspend work,
13.10, 15.1-15.4
terminate ..............8.8.
14.4, 14.13
Payment, make prompt .... 0 0.0 ......0....8.3,
7.1
performance of other Work ...............
-•
6.13
permits and licenses, requirements ..................
5.6-5.10
purchased insurance requirements ...............
OWNER's—
6.30.2.5
.Acceptance of the Work ..............• •••-••••
Change Orders, obligation to
10.4
execute.............8.6,
8.1
Communications
..... • •
7.4
Coordination of the Work .......... ..............
.
9.11
Disputes, request for decision ......0.......>........
Article or Paragraph
Number
Inspections, tests and approvals ................. 8.7, 13.4
3.4
Liability Insurance ..................................
Notice of Defects....................13.1
Representative —During Construction,
ENGINEER's Status ..................9.1
Responsibilities —
Asbestos, PCB's, Petroleum, Hazardous
Waste on Radioactive Material ..................8.10
Change Orders .................................... 8.6
Changes in the Work .............................. 10.1
communications ..................Do. 8.1
CONTRACTOR's responsibilities ...00..00......... 8.9
evidence of financial arrangements ................ 8.11
inspections, tests and approvals .................... 8.7
Insurance................8.5
lands and easements ............................... 8.4
prompt payment by ................................ 8.3
replacement of ENGINEER ................8.2
reports and tests ................................... 8.4
stop or suspend Work .................. 8.8, 13.10, 15.1
terminate CONTRACTOR's services .......... 8.8, 15.2
separate representative at site .00.....0.....0...... 9.3
independent testing 13.4
.......................
use or occupancy of the 5.15, 14.10
Work.................................
written consent or approval required ......9.1, q, l 6.3, 11.4........................
written notice
required..........7.1,9.4,9.11,11.2,11.9,14.7,15.4
PCBs —
definition of ........................................
general ................ 0.04.0.... 4.5
................
0000
OWNER's responsibility for .................8.10
Partial Utilization —
definition of ........................................ 1.28
general 0....0.4 6.30.2.4, 14.10
...........................
Property Insurance 5.15
Patent Fees and Royalties ............................. 6.12
5.1-5.2
payment Bonds ...................................
Payments, Recommendation of ............. 14.414.7, 14.13
Payments to CONTRACTOR and Completion —
...................34.2 for Progress Payments
CONTRACTOR's Warranty of Tit14.3
Final Application for Payment ..0........0.00....... 14.12
Final Inspection ...0.0..0.0 ....................... 14.11
Final Payment and Acceptance ............... 14.13-14.14
general...............8.3. 14
Partial Utilization 14.10
..................................
Retainage......................00...40............. 14.2
Review of Applications for Progress
Payments .............................. 14.4-1
4.7
prompt payment .....................60...01....... 4 3
14.1
Schedule of Values ................... ..............
SubstantialCompletion ...............14.8-34.9
Waiver of Claims .................................. 14.15
when payments due ................. 14.4, 14.13
.........
withholding payment ........................• 5.114.7
Performance 34.7
Bonds ................................... 65.2
Permits.................... .......................
Article or Paragraph
Number
Petroleum —
definition of ........................................
1.30
general ..............................................
4.5
OWNER's responsibility for ........................
8.10
Physical Conditions —
Drawings of, in or relating to .....................
4.2.1.2
ENGINEER's review ..............................
4.2.4
existing structures..................................4.2.2
general...........................................4.2.1.2
Subsurface and .......................................
4.2
Underground Facilities ...............................
4.3
Possible Contract Documents Change ...............
4.2.5
Possible Price and Times Adjustments ..............
4.2.6
Reports and Drawings ..............................4.2.
Notice of Differing Subsurface or ...................4.2.3
..................
4.2.3
Subsurface and......................................4.2
Subsurface Conditions ............................
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized ....................
4.2.2
Underground Facilities—
general..........................................4.3
Not Shown or Indicated .......................
4.3.2
Protection of ...............................
4.3, 6.20
Shown or Indicated ............................
4.3.1
Technical Data.....................................4.2.2
Preconstruction Conference ............................
2.8
Preliminary Matters ......................................2
Preliminary Schedules..................................2.6
Premises, Use of.................................6.16.6.18
Price, Change of Contract ...............................ii
Price, Contract —definition of ..........................
1.11
Progress Payment, Applications for ....................
14.2
Progress payment—retainage ..........................
14.2
Progress schedule, CONTRACTOR's .....26.
2.8, 2.9, 6.6,
6.29, 10.4, 15.2.1
Project —definition of ..................................
1.31
Project Representative—
ENGINEER's Status During Construction ............ 9.3
Project Representative, Resident
--definition of......................................1.33
prompt payment by OWNER ...........................
8.3
Property Insurance
Additional ...........................................
5.7
general...................................:......5.6-5.10
Partial Utilization ...........................5.15,
14.10.2
receipt and application of
proceeds..................................5.12-5.13
Protection, Safety and .......................6.20-6.21,
13.2
Punchlist............................................14.11
Radioactive Material—
definition...........................................1.32
general..............................................45
OWNER's responsibility for ........................
8.10
Recommendation of Payment ..............14.4.
14.5, 14.13
Record Documents .............................6.19,
14.12
Records, procedures for maintaining ....................
2.8
Reference Points.......................................4.4
Reference to Standards and Specifications
of Technical Societies................................3.3
Article or Para
N.
Regulations, Laws and (or) ...........................
Rejecting Defective Work .............................
Related Work —
atSite ...........................................
Performed prior to Shop Drawings
and Samples submittals review .................
Remedies, cumulative ............................
17.'
Removal or Correction of
Defective Work ....................................
rental agreements, OWNER approval
required......................................ii
replacement of ENGINEER, by OWNER ............
Reporting and Resolving Discrepancies ....
2.5, 3.3.2,
Reports —
and Drawings .....................................
and Tests, OWNER's responsibility ................
Resident Project Representative —
definition of .......................................
provision for .......................................
Resident Superintendent, CONTRACTOR's
...........
Responsibilities—
CONTRACTOR's-in general .......................
ENGINEER's-in general ...........................
Limitations on ...................................
OWNER's-in general .............4................
Retainage............................................
Reuse of Documents .................................
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal .....................
Review of Applications for Progress
Payments......................................14.
Right to an adjustment ...............................
Rightsof Way ........................................
Royalties, Patent Fees and ............................
Safe Structural Loading ..............................
Safety —
and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2
general........................................6.2
Representative, CONTRACTOR's ..................
Samples —
definition of .......................................
general........................................6.2
Review by CONTRACTOR ........................
Review by ENGINEER .......................
6.2(
related Work .......................................
submittal of .......................................
submittal procedures ...............................
Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29,
10.4,
Schedule of Shop Drawing and Sample
Submittals ....................... 2.6, 2.8-2.9,
6.2
Schedule of Values ........................ 2.6,
2.8-2.S
Schedules —
Adherence to .....................................
Adjusting..........................................
Change of Contract Times .........................
Initially Acceptable ...............................
2
Preliminary........................................
Scope of Changes ..............................to.
Subsurface Conditions ..............................z
10
9{
Article or Paragraph
Number
Shop Drawings —
and Samples, general ............................6.24-6.28
Change Orders & Applications for
Payments, and ...............................9.7-9.9
definition of ........................................
1.35
ENGINEER's approval of .........................
3.6.2
ENGINEER's responsibility
for review ...............................
9.7, 6.24-6.28
related Work........................................6.28
review procedures .........................
2.8, 6.24-6.28
submittal required .................................
6.24.1
Submittal Procedures ...............................
6.25
use to approve substitutions ........................
6.7.3
Shown or Indicated...................................4.3.1
Site Access.......................................7.2,
13.2
Site Cleanliness.......................................6.17
Site, Visits to —
by ENGINEER................................9.2,
13.2
by others ...........................................13.2
"Special causes of loss" policy form, insurance ....... 5.6.2
Specifications —
definition of........................................1.36
of Technical Societies, reference to .................
3.3.1
precedence........................................3.3.3
Standards and Specifications of Technical
Societies ..........................................
3.3
Starting Construction, Before .......................2.5-2.8
Starting the Work ......................................
2.4
Stop or Suspend Work —
by CONTRACTOR .................................
15.5
by OWNER .............................
8.8, 13.10, 15.1
Storage of materials and equipment .................
4.1, 7.2
Structural Loading, Safety .............................
6.18
Subcontractor—
Concerning......................................
6.8-6.1I
definition of........................................1.37
delays..............................................12.3
waiver of rights.....................................6.1
Subcontractors —in general ........................
6.8-6.11
Subcontracts —required provisions ........
5.11, 6.11, 11.4.3
Submittals —
Applications for Payment ...........................
14.2
Maintenance and Operation Manuals ...............
14.12
Procedures ..........................................
6.25
Progress Schedules ..............................
2.6, 2.9
Samples.......................................6.24-6.28
Schedule of Values .............................2.6.
14.1
Schedule of Shop Drawings and
Samples Submissions ....................
2.6, 2.8-2.9
Shop Drawings .................................
6.24-6.28
Substantial Completion —
certification of ........................
6.30.2.3, 14.8.14.9
definition of........................................1.38
Substitute Construction Methods or Procedures ....... 6.7.2
Substitutes and "Or Equal" Items ......................
6.7
CONTRACTOR's Expense .......................
6.7.1.3
ENGINEER's Evaluation ..........................6.7.3
.,Or -Equal.. ........................................
6.7.1
Substitute Construction Methods of Procedures ..... 6.7.2
Article or Paragraph
Number
Substitute Items ..................................
6.7.1.2
Subsurface and Physical Conditions —
Drawings of, in or relating to .....................
4.2.1.2
ENGINEER's Review .............................
4.2.4
general..............................................4.2
Limited Reliance by CONTRACTOR
Authorized....................................4.2.2
Notice of Differing Subsurface or
Physical Conditions................................4.2.3
Physical Conditions.................................4.2.1.2
Possible Contract Documents Change .................
4.2.5
Possible Price and Times Adjustments ................
4.2.6
Reports and Drawings ..........4...0...........0.....
4.2.I
Subsurface and......................................4.2
Subsurface Conditions at the Site .................
4.2.1.1
Technical Data.....................................4.2.2
Supervision—
CONTRACTOR's responsibility ......................
6.1
OWNER shall not supervise .........................
8.9
ENGINEER shall not supervise ...............
9.2, 9.13.2
Superintendence.......................................6.2
Superintendent, CONTRACTOR's resident
........... 6.2
Supplemental costs..................................11.4.5
Supplementary Conditions —
definition of........................................1.39
principal reference to .... 1.10, 1.18, 2.2, 2.7,
4.2, 4.3, 5.1,
5.3,5.4,5.65.9,5.11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents ....................
3.6
Supplier —
definition of........................................I.4()
principal references to .................. 3.7,
6.5,6.8-6.11,
6.20, 6.24, 9.13, 14.12
Waiver of Rights....................................6.11
Surety —
consent to final payment .....................
14.12, 14.14
ENGINEER has no duty to .........................
9.13
Notification of ...........................
10.1, 10.5, 15.2
qualification of...................................5.1-5.3
Survival of Obligations................................6.34
Suspend Work, OWNER May .4..............
13.10, 15.1
Suspension of Work and Termination— ..................
15
CONTRACTOR May Stop Work or
Terminate...........4............................
15.5
OWNER May Suspend Work .......................
15.1
OWNER May Terminate .......................15.2-15.4
Taxes -Payment by CONTRACTOR ....................
6.15
Technical Data —
Limited Reliance by CONTRACTOR ...............
4.2.2
Possible Price and Times Adjustments ..............
4.2.6
Reports of Differing Subsurface and
Physical Conditions ..............................
4.2.3
Temporary construction facilities ........................
4.1
Termination —
by CONTRACTOR.................................15.5
by OWNER ...............................
8.8, 15.1.15.4
of ENGINEER's employment ........................
8.2
Suspension of Work-in general ........................IS
Terms and Adjectives..................................3.4
Tests and Inspections—
Article or Paragraph
Number
Access to the Work, by others ......................
13.2
CONTRACTOR's responsibilities ....................
13.5
costof..............................................13.4
covering Work prior to .........................
13.6-13.7
Laws and Regulations (or) ..........................
13.5
Notice of Defects...................................13.1
OWNER May Stop Work ..........................
13.10
OWNER's independent testing ......................
13.4
special, required by ENGINEER .....................
9.6
timely notice required ...............................
13.4
Uncovering the Work, at ENGINEER's
request......13.8-13.9
Times —
Adjusting............................................
6.6
Change of Contract...................................12
Adjusting............................................6.6
Computation of .....................................
17.2
Contract Times —definition of .......................
1.12
day................................................17.72
Milestones ...........................................
12
Requirements—
appeals..........................................16
clarifications, claims and
disputes .............................
9.11, 11.2, 12
commencement of contract times ...................
2.3
preconstruction conference .........................
2.8
schedules ..................................
2.6, 2.9, 6.6
starting the Work..................................2.4
Title, Warranty of .....................................
14.3
Uncovering Work ................................
13.8.13.9
Underground Facilities, Physical Conditions —'-
definition of ........................................
1.41
Not Shown or Indicated ............................
4.3.2
protection of ............................4.......4.3,
6.20
Shown or Indicated................................4.3.1
Unit Price Work —
claims............................................
11.9.3
definition of
1.42
........................................
general..........11.9,
14.1, 14.5
Unit Prices —
general...........................................
11.3.1
Determination for...................................9.10
Use of Premises ........................ 6.16,
6.18, 6.30.2.4
Utility owners ......................6.13, 6.20, 7.1-7.3, 13.2
Article or Par,
A
Utilization, Partial ............... 1.28, 5:15,
6.30, 2.4
Value of the Work ...................................
Values, Schedule of .......................2.6.
2.8-2.
Variations in Work —Minor
Authorized ................................
6.25, 6.
Visits of Site —by ENGINEER ......................
Waiver of Claims -on Final
Payment..........................................
Waiver of Rights by insured parties ...............
5.1
Warranty and Guarantee, General —by
CONTRACTOR .................................
.
Warranty of Title, CONTRACTOR'S .................
Work —
Access to .........................................
byothers, ........................................
Changes in the ...................................
Continuing the . ...................................
CONTRACTOR May Stop Work
or Terminate .................................
Coordination of ...................................
Cost of the .....................................
II
definition of ......................................
neglected by CONTRACTOR .....................
otherWork .......................................
OWNER May Stop Work .........................
OWNER May Suspend Work .................
13.1
Related, Work at Site .............................
Starting the .......................................
Stopping by CONTRACTOR ......................
Stopping by OWNER ..........................
15
Variation and deviation authorized,
minor........................................
Work Change Directive —
claims pursuant to ................................
definition of ......................................
principal references to ....................
3.5.3, 10
Written Amendment —
definition of ......................................
principal references to ... 1.10, 3.5, 5.10, 5.12,
6.6.2.
6.19,10.1,10.4,11.2,12.1,13.12.2,
Written Clarifications and
Interpretations ...........................
3.6.3, 9.
Written Notice Required —
by CONTRACTOR ........ 7.1, 9.10-9.11,
10.4, I1.:
by OWNER ....................9.10.9.11,
10.4, 11.2
12
GENERAL CONDITIONS
ARTICLE 1 -DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
I.I. Addenda —Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1.3. Application for Payment —The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid —The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents —The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Bidding Requirements —The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
1.8. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Times, issued
on or after the Effective Date of the Agreement.
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents), CONTRACTOR's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw-
ings as the same are more specifically identified in the Agree-
ment, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract Price —The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times —The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEER's recommendation of final payment (unless responsi-
bility for the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1.15. Drawings —The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. Effective Date of the Agreement —The date indicated
in the Agreement on which it becomes effective, but if no such
date is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEER —The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consultant —A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order —A written order issued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
13
1.20. General Requirements —Sections of Division I of the
Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies,
authorities and courts having jurisdiction.
1.23. Liens —Liens, charges, security interests or encum-
brances upon real property or personal property.
1.24. Milestone —A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work.
1.25. Notice ofAward—The written notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
1.26. Notice to Proceed —A written noticegiven byOWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER —The public body or authority, corpora-
tion, association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Partial Utilization —Use by OWNER of a substan-
tially completed part of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion
of all the Work.
1.29. PCBs —Polychlorinated biphenyls.
1.30. Petroleum —Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum, fuel
oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non -Hazardous Wastes and crude oils.
1.31. Project —The totalconstruction of which the Work to
be provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to
time.
1.33. Resident Project Representative— The autt
representative of ENGINEER who may be assigned to:
or any part thereof.
1.34. Samples —Physical examples ofmaterials,equi
or workmanship that are representative of some portior
Work and which establish the standards by which such 1
of the Work will be judged.
1.35. Shop Drawings —All drawings, diagrams, i
tions, schedules and other data or information whi
specifically prepared or assembled by or for CONTRA
and submitted by CONTRACTOR to illustrate some poi
the Work.
1.36. Spechcations—Those portions of the Contrac
uments consisting of written technical descriptions of i
als, equipment, construction systems, standards and woi
ship as applied to the Work and certain administrative
applicable thereto.
1.37. Subcontractor —An individual, firm or corp
having a direct contract with CONTRACTOR or wi
other Subcontractor for the performance of a part of tht
at the site.
1.38. Substantial Completion —The Work (or a sr
part thereof) has progressed to the point where, in the c
of ENGINEER as evidenced by ENGINEER's de
certificate of Substantial Completion, it is sufficientl'
plete, in accordance with the Contract Documents, so t
Work (or specified part) can be utilized for the purpo
which it is intended; or if no such certificate is issued, wi
Work is complete and ready for final payment as evider.
ENGINEER's written recommendation of final payn
accordance with paragraph 14.13. The terms "subst:
complete" and "substantially completed" as applied u
part of the Work refer to Substantial Completion there,
1.39. Supplementary Conditions —The part of the C
Documents which amends or supplements these Gener
ditions.
1.40. Supplier —A manufacturer, fabricator, suppli
tributor, materialman or vendor having a direct contra
CONTRACTOR or with any Subcontractor to furnish
als or equipment to be incorporated in the Work by
TRACTOR or any Subcontractor.
1.41. Underground Facilities —All pipelines, conduits
cables, wires, manholes, vaults, tanks, tunnels or othr
facilities or attachments, and any encasements container
facilities which have been installed underground to furn
of the following services or materials: electricity, gases,
liquid petroleum products, telephone or other comn
tions, cable television, sewage and drainage removal, tr
other control systems or water.
1.42. Unit Price Work —Work to be paid for on the I
unit prices.
14
1.43. Work —The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction,
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive —A written directive to CON-
TRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. Written Amendment —A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction -related aspects of the Contract Docu-
ments.
ARTICLE 2 —PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed:
2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement, or, if a Notice
to Proceed is given, on the day indicated in the Notice to Proceed.
A Notice to Proceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement, whichever date is earlier.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error, ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started, CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4, 5.6 and 5.7.
Preconstruction Conference:
2.8. Within
twenty days
after
the
Contract Times start to
run, but before
any Work at
the
site
is started, a conference
15
attended by CONTRACTOR. ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals, processing Applications for
Payment and maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
'IOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
provided below. The progress schedule will be acceptable to
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI-
NEER responsibility for the sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor. CONTRACTOR'S
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3 —CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project. (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usage as being required to produce the intended result
will be furnished and performed whether or not specifically
called for. When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
cations and interpretations of the Contract Documents
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Specifications of Technic
Societies; Reporting and Resolving Discrepancies:
3.3.1. Reference to standards, specifications, ma
codes of any technical society, organization or assc
or to the Laws or Regulations of any governmental at
whether such reference be specific or by implicatic
mean the latest standard, specification, manual, L
Laws or Regulations in effect at the time of opening
(or, on the Effective Date of the Agreement if there
Bids), except as may be otherwise specifically state
Contract Documents.
3.3.2. If, during the performance of the Work
TRACTOR discovers any conflict, error, ambiguit)
crepancy within the Contract Documents or betty
Contract Documents and any provision of any such
Regulation applicable to the performance of the We
any such standard, specification, manual or code o
instruction of any Supplier referred to in paragn
CONTRACTOR shall report it to ENGINEER in w
once, and, CONTRACTOR shall not proceed with tl
affected thereby (except in an emergency as autho
paragraph 6.23) until an amendment or supplemer
Contract Documents has been issued by one of the i
indicated in paragraph 3.5 or 3.6; provided, howe'
CONTRACTOR shall not be liable to OWNER or
NEER for failure to report any such conflict, error,
ity or discrepancy unless CONTRACTOR knew or
ably should have known thereof.
3.3.3. Except as otherwise specifically stated
Contract Documents or as may be provided by amt
or supplement thereto issued by one of the meth(
cated in paragraph 3.5 or 3.6, the provisions of the t
Documents shall take precedence in resolving any
error, ambiguity or discrepancy between the prov
the Contract Documents and:
3.3.3.1. the provisions of any such standard,
fication, manual, code or instruction (whether
specifically incorporated by reference in the Cc
Documents); or
3.3.3.2. the provisions of any such Laws or
lations applicable to the performance of the
(unless such an interpretation of the provisions
Contract Documents would result in violation o
Law or Regulation).
No provision of any such standard, specification.
code or instruction shall be effective to change the d
responsibilities of O W N ER, CONTRACTOR or ENC
or any of their subcontractors, consultants. agents
ployees from those set forth in the Contract Docum
shall it be effective to assign to OWNER, ENGIP
any of ENGINEER's Consultants, agents or emplo
duty or authority to supervise or direct the Turn
16
performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9.13 or any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contract Documents the terms "as
ordered," "as directed," "as required," "as allowed," "as
approved" or terms of like effect or import are used, or the
adjectives"reasonable, "'suitable, "`acceptable, "'proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Field Order (pursuant to paragraph 9.5).
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or organization performing or furnishing any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
of the Drawings, Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant, and (ii) shall not reuse any of
,such Drawings, Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
ARTICLE 4 —AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Avaitabiluy of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be performed,
rights -of -way and easements for access thereto, and such other
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request, OWNER shall furnish CON-
TRACTOR with a correct statement of record legal title and
legal description of the lands upon which the Work is to be
performed and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights -of -way or easements,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions.
4.2.1. Reports and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Conditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities) that have been utilized by ENGINEER in prepar-
ing the Contract Documents.
17
C.
.
4.2.2. Limited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical data" contained lin such reports and
drawings, but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech-
nical data," CONTRACTOR may not rely upon or make any
claim against OWNER, ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not limited
to, any aspects of the means, methods, techniques, se-
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, interpretations, opinions and infor-
mation contained in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclu-
sion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either:
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2.
is of such
a nature
as to require a change in the
Contract
Documents,
or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents; then
CONTRACTOR shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency as permitted by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
4.2.5. Possible Contract Documents Change: It
NEER concludes that a change in the Contract Docu
required as a result of a condition that meets one or me
categories in paragraph 4.2.3., a Work Change Direct
Change Order will be issued as provided in Article 10 t
and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An e
adjustment in the Contract Price or in the Contract T
both, will be allowed to the extent that the existence
uncovered or revealed condition causes an increast
creaseS in CONTRACTOR's cost of, or time requ
performance of, the Work; subject, however, to the fo
4.2.6.1. such condition must meet any one or mo
categories described in paragraphs 4.2.3.1 through
inclusive;
4.2.6.2. a change in the Contract Documents put
paragraph 4.2.5 will not be an automatic authorizatic
a condition precedent to entitlement to any such adjr
4.2.6.3. with respect to Work that is paid for or
Price Basis, any adjustment in Contract Price will be
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the exist
such conditions at the time CONTRACTOR mad
commitment to OWNER in respect of Contract P
Contract Times by the submission of a bid or bt
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition co
sonably have been discovered or revealed as a r
any examination, investigation, exploration, test t
of the site and contiguous areas required by the
Requirements or Contract Documents to be condt
or for CONTRACTOR prior to CONTRACTOR's
such final commitment; or
4.2.6.4.3. CONTRACTOR failed to give the
notice within the time and as required by paragrar
If OWNER and CONTRACTOR are unable to at
entitlement to or as to the amount or length of ar
equitable adjustment in the Contract Price or Contract
a claim may be made therefor as provided in Articles II
However, OWNER. ENGINEER and ENGINEER's
ants shall not be liable to CONTRACTOR for any
costs, losses or damages sustained by CONTRACTOR
connection with any other project or anticipated proje
4.3. Physical Conditions —Underground Facilities:
4.3.1. Shown or Indicated: The information and dau
or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is b
information and data furnished to OWNER or ENGINEER by
the owners of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or data; and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sibility for. (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, CON-
TRACTOR shall, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except' in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time, CONTRACTOR shall be respon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims, costs, losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for laying
out the Work, shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
active Material:
4.5.1. OWNER shall be responsible for any Asbestos,
PCBs, petroleum, Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles II and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles 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.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations, OWNER shall indemnify and hold harmless CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's
19
FI
Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom,
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entityfrom and against
the consequences of that person's or entity's own negli-
gence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5 —BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except as
provided otherwise by Laws or Regulations or' by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended)
by the Audit Staff, Bureau of Government Financial Opera-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
Project is located or it ceases to meet the requirements of
paragraph 5.1, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to 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 th
diction in which the Project is located to issue Bc
insurance policies for the limits and coverages so re,
Such surety and insurance companies shall also met
additional requirements and qualifications as may t
vided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNEF
copies to each additional insured identified in the
mentary Conditions, certificates of insurance (and
evidence of insurance requested by OWNER or an)
additional insured) which CONTRACTOR is requi
purchase and maintain in accordance with paragrar
OWNER shall deliver to CONTRACTOR, with col
each additional insured identified in the Supplem
Conditions, certificates of insurance (and other evide
insurance requested by CONTRACTOR or any othe
tional insured) which OWNER is required to purcha
maintain in accordance with paragraphs 5.6 and 5.7 f
CONTRACTOR's liability Insurance:
5.4. CONTRACTOR shall purchase and maintain
liability and other insurance as is appropriate for the
being performed and furnished and as will provide Prot
from claims set forth below which may arise out of or
from CONTRACTOR's performance and furnishing .
Work and CONTRACTOR's other obligations under the
tract Documents, whether it is to be performed or fumist
CONTRACTOR, any Subcontractor or Supplier, or by a
directly or indirectly employed by any of them to perfc
furnish any of the Work, or by anyone for whose acts
them may be liable:
5.4.1. claims under workers' compensation, dis:
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injur
cupational sickness or disease, or death of CONT
TOR's employees;
5.4.3. claims for damages because of bodily injury
ness or disease, or death of any person other than
TRACTOR's employees;
5.4.4. claims for damages insured by customary pet
injury liability coverage which are sustained: (i) b:
person as a result of an offense directly or indirectly r.
to the employment of such person by CONTRACTOR,
by any other person for any other reason;
5.4.5. claims for damages, other than to the Work
because of injury to or destruction of tangible prc
wherever located, including loss of use resulting there
and
5.4.6. claims for damages because of bodily inju
death of any person or property damage arising out
ownership, maintenance or use of any motor vehicle.
20
The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under paragraphs
6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims -made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
OWNER's Liability Insurance:
5.5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
ance upon the Work at the site in the amount of the full
replacement cost. thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER, CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11.
21
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR, Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR,
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7, OWNER shall, if possi-
ble, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. Waiver of Rights:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. In addition, OWNER waives all rights against
CONTRACTOR, Subcontractors, ENGINEER, ENGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for:
5.11.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER; and
5.11.2.2. loss or damage to the completed Pro
part thereof caused by, arising out of or resulting fn
or other insured peril covered by any property ins'
maintained on the completed Project or part ther
OWNER during partial utilization pursuant to par.
14.10, after substantial completion pursuant to par.
14.8 or after final payment pursuant to paragraph I
Any insurance policy maintained by OWNER coverii
loss, damage or consequential loss referred to in this par,
5.11.2 shall contain provisions to the effect that in the eA
payment of any such loss, damage or consequential Ic
insurers will have no rights of recovery against any of
TRACTOR, Subcontractors, ENGINEER, ENGINEER'
sultants and the officers, directors, employees and agc
any of them.
Receipt and Application of Insurance Proceeds
5.12. Any insured loss under the policies of inst
required by paragraphs 5.6 and 5.7 will be adjuster
OWNER and made payable to OWNER as fiduciary I
insureds, as their interests may appear, subject to the rt
merits of any applicable mortgage clause and of paragrap
OWNER shall deposit in a separate account any moi
received, and shall distribute it in accordance with such
ment as the parties in interest may reach. If no other
agreement is reached the damaged Work shall be repai
replaced, the moneys so received applied on account t
and the Work and the cost thereof covered by an apps
Change Order or Written Amendment.
5.13. OWNER as fiduciary shall have power to adjt
settle any loss with the insurers unless one of the par
interest shall object in writing within fifteen days aft
occurrence of loss to OWNER's exercise of this power.
objection be made, OWNER as fiduciary shall make sett
with the insurers in accordance with such agreement
parties in interest may reach. If no such agreement amc
parties in interest is reached, OWNER as fiduciary shall
and settle the loss with the insurers and, if required in
by any party in interest, OWNER as fiduciary shall giv.
for the proper performance of such duties.
Acceptance of Bonds and Insurance; Option to Replace
5.14. If either party (OWNER or CONTRACTOR) I;
objection to the coverage afforded by or other provision
Bonds or insurance required to be purchased and mair
by the other party in accordance with Article 5 on the t
non-conformance with the Contract Documents, the ob.
party shall so notify the other party in writing within to
after receipt of the certificates (or other evidence reqi
required by paragraph 2.7. OWNER and CONTRACTO
each provide to the other such additional information in i
of insurance provided as the other may reasonably reqi
either party does not purchase or maintain all of the Bon
insurance required of such party by the Contract Docu
such party shall notify the other party in writing of such
to purchase prior to the start of the Work, or of such fai
maintain prior to any change in the required coverage. V
prejudice to any other right or remedy, the other pan
elect to obtain equivalent Bonds or insurance to proter
other party's interests at the expense of the party wt
22
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
Partial Udlitation Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACTOR shall be solely responsible
for the means, methods, techniques, sequences and procedures
of construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
specific means, method, technique, sequence of procedure of
construction which is shown or indicated in land expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good 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 perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation, con-
struction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary facilities, tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and comple-
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall 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.
6.7. Subsrilules 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 equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
23
J
6.7.1.1. "Or -Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
"or -equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or -equal" item
under subparagraph 6.7.1.1, it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi-
cient information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
.acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRAC7OR'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 req
the Contract Documents, CONTRACTOR may fur
utilize a substitute means, method, technique, sequ
procedure of construction acceptable to ENGINEER
TRACTOR shall submit sufficient information to allow
NEER, in ENGINEER's sole discretion, to determine
substitute proposed is equivalent to that expressly calle
the Contract Documents. The procedure for review by
NEER will be similar to that provided in subparagraph
6.7.3. Engineer's Evaluation: ENGINEER will be
a reasonable time within which to evaluate each prof
submittal made pursuant to paragraphs 6.7.1.2 anc
ENGINEER will be the sole judge of acceptability. I'
equal" or substitute will be ordered, installed or
without ENGINEER's prior written acceptance which
evidenced by either a Change Order or an approve,
Drawing. OWNER may require CONTRACTOR to fu:
CONTRACTOR's expense a special performance guare
other surety with respect to any "or -equal" or sut
ENGINEER will record time required by ENGINES
ENGINEER's Consultants in evaluating substitutes pr
or submitted by CONTRACTOR pursuant to paragraphs
and 6.7.2 and in making changes in the Contract Documi
in the provisions of any other direct contract with OWN
work on the Project) occasioned thereby. Whether
ENGINEER accepts a substitute item so proposed or
ted by CONTRACTOR, CONTRACTOR shall reii
OWNER for the charges of ENGINEER and ENGIN
Consultants for evaluating each such proposed substitut
Concerning Subcontactors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any S,
tractor, Supplier or other person or organization (inc
those acceptable to OWNER and ENGINEER as in(
in paragraph 6.8.2), whether initially or as a sub
against whom OWNER or ENGINEER may have r
able objection. CONTRACTOR shall not be requi
employ any Subcontractor, Supplier or other per:
organization to furnish or perform any of the Work
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require tht
tity of certain Subcontractors, Suppliers or other pets
organizations (including those who are to furnish the
pal items of materials or equipment) to be submit
OWNER in advance of the specified date prior
Effective Date of the Agreement for acceptance by ON
and ENGINEER, and if CONTRACTOR has subm,
list thereof in accordance with the Supplementary
tions, OWNER's or ENGINEER's acceptance (eit
writing or by failing to make written objection thereto
date indicated for acceptance or objection in the b
documents or the Contract Documents) of any such Si
tractor, Supplier or other person or organization so ide
may be revoked on the basis of reasonable objectior
due investigation, in which case CONTRACTOR sha.
mit an acceptable substitute, the Contract Price w
adjusted by the difference in the cost occasioned by
24
substitution and an z».. -tae Change Order will be issued
or Written Amendnear 1ct. No acceptance by OWNER
or ENGINEER of c: c;:bcontractor, Supplier or other
person or organimct t, t2 „nstitute a waiver of any right
of OWNER or o reject defective Work.
6.9.1. CONTRKT' ;gall be fully responsible to
OWNER and ENGI':?i-;r lix all acts and omissions of the
Subcontractors, Strrji.—, :md other persons and organiza-
tions performing orlrru-,},sg any of the Work under a direct
or indirect contras CONTRACTOR just as CON-
TRACTOR is resperr}jr ;rx CONTRACTOR's own acts
and omissions. Notoeq in the Contract Documents shall
create for the beneftt rf, ury such Subcontractor, Supplier or
other person or orgcava},n any contractual relationship
between OWNER rx f-w,INEER and any such Subcon-
tractor, Supplier or 't Wson or organization, nor shall it
create any obligation, .x, the part of OWNER or ENGI-
NEER to pay or to vi v, the payment of any moneys due
any such Subcontraarx Supplier or other person or organi-
zation except as may ntt'erwise 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 M;,,nt and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Supplier,, and each other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGIN('p.R through CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing tilt Work among Subcontractors or
Suppliers or delineating he Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contrictor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifrerhlly hinds the Subcontractor or Supplier
to the applicable terms find conditions of the Contract Docu-
ments for the benefit of O W N ER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5,6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER. CONTRACTOR, ENGINEER,
ENGINEER's Consult;utts and all other additional insureds for
all losses and damages t•;tttsed by, arising out of or resulting
from any of the perils "elhj by such policies and any other
property insurance appl�;tble to the Work. If the insurers on
any such policies requi r s'cl\trate waiver forms to be signed by
any Subcontractor or SulV4ier, CONTRACTOR will obtain the
same.
Patent Fees and Hot,
6.12. CONTRACil1R shall pay all license fees and royal-
ties and assume all 'c -s r; , ent to the use in the performance
of the Work or the incorporation in the \V -t cy any imrntion,
design, process, product or device whL-t is the Stit*tt of
patent rights or copyrights held by ot,,^rs ft a ratticular
invention, design, process, product or devi,' iS �r'sc'7ti.C 3 in the
Contract Documents for use in the perf,� rt tr ,c of the Work
and if to the actual knowledge of OWNER .v 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 M' Laws and
Regulations, CONTRACTOR shall indemnify and bald harm-
less OWNER, ENGINEER, ENGINEER'S (\,nsultmits and
the officers, directors, employees, agents and Qthtrintiftants
of each and any of them from and against ;111 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 front the Incorpora-
tion in the Work of any invention, design, pro,'ess, product or
device not specified in the Contract Documents.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and ptly for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such Permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
Laws and Regalations:
6.14.1. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neither OWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses and damages caused by, arising out of or resulting
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the Laws and Regulation% of the place of
25
the Project which are applicable during the performance of the the Work, these record documents, Samples and Sh
Work. ings will be delivered to ENGINEER for OWNER.
Use of Premises: Safety and Protection:
6.16. CONTRACTOR shall confine construction equip- 6.20. CONTRACTOR shall be responsible for
ment, the storage of materials and equipment and the opera- maintaining and supervising all safety precautions
tions of workers to the site and land and areas identified in and grams in connection with the Work. CONTRACTOR
permitted by the Contract Documents and other land and areas all necessary precautions for the safety of, and sh:
permitted by Laws and Regulations, rights -of -way, permits and the necessary protection to prevent damage, injury
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment. 6.20.1. all persons on the Work site or wh
CONTRACTOR shall assume full responsibility for any dam- affected by the Work;
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the 6.20.2. all the Work and materials and equipr
performance of the Work. Should any claim be made by any incorporated therein, whether in storage on or o
such owner or occupant because of the performance of the and
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra- 6.20.3. other property at the site or adjacei
tion or other dispute resolution proceeding or at law. CON- including trees, shrubs, lawns, walks, pavements.
TRACTOR shall, to the fullest extent permitted by Laws and structures, utilities and Underground Facilities
Regulations, indemnify and hold harmless OWNER, ENGI- nated for removal, relocation or replacement in th
NEER, ENGINEER's Consultant and anyone directly or construction.
indirectly employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from any CONTRACTOR shall comply with all applicable
claim or action, legal or equitable, brought by any such owner Regulations of any public body having jurisdiction f
or occupant against OWNER, ENGINEER or any other party persons or property or to protect them from damag
indemnified hereunder to the extent caused by or based upon loss; and shall erect and maintain all necessary saf
CONTRACTOR's performance of the Work. such safety and protection. CONTRACTOR shall i
ers of adjacent property and of Underground Fa
6.17. During the progress of the Work, CONTRACTOR utility owners when prosecution of the Work may
shall keep the premises free from accumulations of waste and shall cooperate with them in the protectiot
materials, rubbish and other debris resulting from the Work. At relocation and replacement of their property. F
the completion of the Work CONTRACTOR shall remove all injury or loss to any property referred to in paragra
waste materials, rubbish and debris from and about the pre- 6.20.3 caused, directly or indirectly, in whole or
mises as well as all tools, appliances, construction equipment CONTRACTOR, any Subcontractor. Supplier of
and machinery and surplus materials. CONTRACTOR shall person or organization directly or indirectly emplc
leave the site clean and ready for occupancy by OWNER at of them to perform or furnish any of the Work or
Substantial Completion of the Work. CONTRACTOR shall whose acts any of them may be liable, shall be r
restore to original condition all property not designated for CONTRACTOR (except damage or loss attribu
alteration by the Contract Documents. fault of Drawings or Specifications or to the acts c
of OWNER or ENGINEER or ENGINEER's C
6.18. CONTRACTOR shall not load inor permit any part of anyone employed by any of them or anyone for wh
any structure to be loaded in any manner that will endanger the of them may be liable, and not attributable, dire
structure, nor shall CONTRACTOR subject any part of the rectly, in whole or in part, to the fault or n'
Work or adjacent property to stresses or pressures that will CONTRACTOR or any Subcontractor, Supplier ,
endanger it. son or organization directly or indirectly employ'
them). CONTRACTOR's duties and responsibiliti
and for protection of the Work shall continue until
Record Documents: all the Work is completed and ENGINEER has is:
to OWNER and CONTRACTOR in accordanc
6.19. CONTRACTOR shall maintain in a safe place at the graph 14.13 that the Work is acceptable (except
site one record copy of all Drawings, Specifications, Addenda, expressly provided in connection with Substan
Written Amendments, Change Orders, Work Change Direc- lion).
tives, Field Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 944) in good order and Sae Representative:
annotated to show all changes made during construction. f ty P
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be 6.21. CONTRACTOR shall designate a qualif
available to ENGINEER for reference. Upon completion of rienced safety representative at the site whos
26
1 .K
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval inaccordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
ple, CONTRACTOR shall have determined and verified:
6.25.1.1. all field measurements, quantities, dimen-
sions, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.25.1.2. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly and
installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRACTOR's
sole responsibilities in respect of means, methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACTOR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
27
Documents unless CONTRACTOR has in writing called EN-
GINEER'S attention to each such variation at the time of
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Continuing the Work
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. COM'RAC7OR'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. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or final
payment by ENGINEER;
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents;
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
do so;
6.30.2.6. any review and approval of a Shop
or Sample submittal or the issuance of a notice c
ability by ENGINEER pursuant to paragraph 1'
6.30.2.7. any inspection, test or approval by c
6.30.2.8. any correction of defective Work by C
Indemnification:
6.31. To the fullest extent permitted by Laws and
tions, CONTRACTOR shall indemnify and hold I
OWNER, ENGINEER, ENGINEER's Consultants
officers, directors, employees, agents and other consu
each and any of them from and against all claims, cost.
and damages (including but not limited to all fees and
of engineers, architects, attorneys and other professio
all court or arbitration or other dispute resolution costs
by, arising out of or resulting from the perfornanct
Work, provided that any such claim, cost, loss or dama
attributable to bodily injury, sickness, disease or deat
injury to or destruction of tangible property (other t
Work itself), including the loss of use resulting therein
(ii) is caused in whole or in part by any negligent
omission of CONTRACTOR, any Subcontractor, any S
any person or organization directly or indirectly empk
any of them to perform or furnish any of the Work or
for whose acts any of them may be liable, regardless of'
or not caused in part by any negligence or omission of a
or entity indemnified hereunder or whether liability is u
upon such indemnified party by Laws and Regulations
less of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or
NEER or any of their respective consultants, agents, c
directors or employees by any employee (or the sury
personal representative of such employee) of CONTRA
any Subcontractor, any Supplier, any person or organ
directly or indirectly employed by any of them to pert
furnish any of the Work, or anyone for whose acts any c
may be liable, the indemnification obligation under par
6.31 shall not be limited in any way by any limitation
amount or type of damages, compensation or benefits p
by or for CONTRACTOR or any such Subcontractor, S
or other person or organization under workers' comper
acts, disability benefit acts or other employee benefit at
6.33. The indemnification obligations of CONTRA
under paragraph 6.31 shall not extend to the liability of I
NEER and ENGINEER'S Consultants, officers, dirt
employees or agents caused by the professional negli:
errors or omissions of any of them.
Survival of Obligations:
6.34. All representations, indemnifications, warrantit
guarantees made in, required by or given in accordance
W,
the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final pay-
ment, completion and acceptance of the Work,and termination
or completion of the Agreement.
ARTICLE 7 —OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these, or have other work performed by
utility owners. If the fact that such other work is to 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) CONTRAC-
TOR may make a claim therefor as provided in Articles II
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work .performed by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. 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.
Cooniination:
7.4. If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized; and
7.4.3.
the extent
of such authority and
responsibilities
will be
provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8 —OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
']
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for, CONTRAC-
TOR's means, methods, techniques, sequences or procedures
of construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents, OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9 —ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that has been
made and the quality of the various aspects of CONTRAC-
TOR's executed Work. Based on information obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. EN-
GINEER will not be required to make exhaustive or continu-
ous on -site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On
the basis of such visits and on -site observations, ENGINEER
will keep OWNER informed of the progress of the Work and
will endeavor to guard OWNER against defective Work. EN-
GINEER's visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation,
during or as a result of ENGINEER'S on -site visits or
observations of CONTRACTOR's Work ENGINEER w
supervise, direct, control or have authority over or be re
sible for CONTRACTOR's means, methods, technique
quences or procedures of construction, or the safety pi
tions and programs incident thereto, or for any fail[
CONTRACTOR to comply with Laws and Regulations
cable to the furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEE
furnish a Resident Project Representative to assist E
NEER in providing more continuous observation of the t
The responsibilities and authority and limitations there
any such Resident Project Representative and assistants v
as provided in paragraph 9.13 and in the Suppleme
Conditions. If OWNER designates another representati
agent to represent OWNER at the site who is not E
NEER's Consultant, agent or employee, the responsib
and authority and limitations thereon of such other perso
be as provided in the Supplementary Conditions.
Cfariftcatons and Interpretations:
9.4. ENGINEER will issue with reasonable promp
such written clarifications or interpretations of the ret
ments of the Contract Documents (in the form of Drawir
otherwise) as ENGINEER may determine necessary,
shall be consistent with the intent of and reasonably infe
from Contract Documents. Such written clarification:
interpretations will be binding on OWNER and CONT
TOR. If OWNER or CONTRACTOR believes that a w
clarification or interpretation justifies an adjustment ii
Contract Price or the Contract Times and the parties are u
to agree to the amount or extent thereof, if any, OWNI
CONTRACTOR may make a written claim therefor as
vided in Article II or Article 12.
Author zed Variations in Work:
9.5. ENGINEER may authorize minor variations
Work from the requirements of the Contract Documents s
do not involve an adjustment in the Contract Price o
Contract Times and are compatible with the design cones
the completed Project as a functioning whole as indicau
the Contract Documents. These may be accomplished
Field Order and will be binding on OWNER and als
CONTRACTOR who shall perform the Work involved pron
If OWNER or CONTRACTOR believes that a Field
justifies an adjustment in the Contract Price or the Cor
Times and the parties are unable to agree as to the amou
extent thereof, OWNER or CONTRACTOR may ma
written claim therefor as provided in Article II or 12.
Rejecting Defective Work:
9.6.
ENGINEER will have
authority
to disapprov
reject
Work which ENGINEER
believes
to be defectiv
30
that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9,
whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER'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 CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC -A,
"Dispute Resolution Agreement;" entered into between
OWNER and CONTRACTOR pursuant to Article 16, or (ii) if
no such Dispute Resolution Agreement has been entered into,
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly
(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 in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal, if any, in accordance with this
paragraph. ENGINEER's written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC -A, "Dispute Reso-
lution Agreement;' entered into between OWNER and CON-
TRACTOR pursuant to Article 16, or (ii) if no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 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.
9.13. Limitations on ENGINEER's Authority and Responsibilities:
9.13.1. Neither ENGINEER's authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
create, impose or give rise to any duty owed by ENGINEER
to CONTRACTOR, any Subcontractor, any Supplier, any
other person or organization, or to any surety for or em-
ployee or agent of any of them.
31
9.13.2. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
fumishingor performance of the Work. ENGINEER will not
be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor,
any Supplier, or of any other person or organization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER,s review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees.
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER's Consultants, Resident Project Representative and
assistants.
ARTICLE I0 --CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions or revisions in the Work.
Such additions, deletions or revisions will be authorized by
a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document, CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are tunable to agree
as to the extent, if any, of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive, a claim may be made
therefor as provided in Article II or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase in
the Contract Price or an extension of the Contract Times with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
priate Change Orders recommended by ENGINEER (I
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordt
OWNER pursuant to paragraph 10.1, (ii) required be
acceptance of defective Work under paragraph I
correcting defective Work under paragraph 13.14,
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
which are agreed to by the parties; and
10.4.3., changes in the Contract Price or Contract
which embody the substance of any written decisi'
dered by ENGINEER pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change Or
appeal may be taken from any such decision in accc
with the provisions of the Contract Documents and apt
Laws and Regulations, but during any such appeal,
TRACTOR shall carry on the Work and adhere to the p
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general sc
the Work or the provisions of the Contract Documents
ing. but not limited to, Contract Price or Contract Tit
required by the provisions of any Bond to be given to a
the giving of any such notice will be CONTRACTOR's r
sibility, and the amount of each applicable Bond c
adjusted accordingly.
ARTICLE Ii —CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total corn
tion (subject to authorized adjustments) payable to
TRACTOR for performing the Work. All duties, respo
ties and obligations assigned to or undertaken by CONTRP
shall be at CONTRACTOR's expense without change
Contract Price.
11.2. The Contract Price may only be changed by a C
Order or by a Written Amendment. Any claim for an
ment in the Contract Price shall be based on written
delivered by the party making the claim to the other par
to ENGINEER promptly (but in no event later than
days) after the start of the occurrence or event giving rise
claim and stating the general nature of the claim. Notice
amount of the claim with supporting data shall be del
within sixty days after the start of such occurrence or
(unless ENGINEER allows additional time for claim.
submit additional or more accurate data in support of the
and shall be accompanied by claimant's written statemei
the adjustment claimed covers all known amounts to whi
claimant is entitled as a result of said occurrence or eves
claims for adjustment in the Contract Price shall be deter
by ENGINEER in accordance with paragraph 9.11 if ON
and CONTRACTOR cannot otherwise agree on the at
involved. No claim for an adjustment in the Contract PH(
32
i
be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. 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 lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll costs for employees not
employed full time on the Work shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the
cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, work-
ers' 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 equipmentfumished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to OWNER,
and CONTRACTOR and shall deliver such bids to OWNER
who will then 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 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, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's em-
ployees incurred in discharge of duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof --all 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 negli-
gence 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.
33
y
11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee. If, however, any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, ar-
chitects, estimators, attorneys, auditors, accountants, pur-
chasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph 11.4.4 —all of which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 above).
11.5.5. Costs due to the negligence of CON7
TOR, any Subcontractor, or anyone directly o
rectly employed by any of them or for whose ac
of them may be liable, including but not limited i
correction of defective Work, disposal of mater,
equipment wrongly supplied and making goo
damage to property.
Other overhead or general expense costs of an•
and the costs of any item not specifically and exp
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CON7
TOR for overhead and profit shall be determined as foil
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then
based on the following percentages of the vs
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs
and 11.4.2, the CONTRACTOR's fee shall be I
percent;
11.6.2.2. for costs incurred under paragraph I
the CONTRACTOR's fee shall be five percent;
11.6.2.3. where one or more tiers of subcontrac
on the basis of Cost of the Work plus a fee and no fix,
is agreed upon, the intent of paragraphs 11.4.1, I
11.4.3 and 11.6.2 is that the Subcontractor who ac
performs or furnishes the Work, at whatever tier, w
paid a fee of fifteen percent of the costs incurred by
Subcontractor under paragraphs 11.4.1 and 11.4.2 an,
any higher tier Subcontractor and CONTRACTOF
each be paid a fee of five percent of the amount paid I
next lower tier Subcontractor;
11.6.2.4. no fee shall be payable on the basis of
itemized under paragraphs 11.4.4, 11.4.5 and 11.5;
11.6.2.5. the amount of credit to be allowed by C
TRACTOR to OWNER for any change which result
net decrease in cost will be the amount of the actuz
decrease in cost plus a deduction in CONTRACTOR
by an amount equal to five percent of such net decr
and
11.6.2.6. when both additions and credits are invc
in any one change, the adjustment in CONTRACT(
fee shall be computed on the basis of the net chant
accordance with paragraphs 11.6.2.1 through II .€
inclusive.
11.7. Whenever the cost of any Work is to be detent
pursuant to paragraphs 11.4 and 11.5, CONTRACTOR
establish and maintain records thereof in accordance
generally accepted accounting practices and submit in I
acceptable to ENGINEER an itemized cost breakdowr
gether with supporting data.
34
S.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and han-
dling on the site, labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to ireflect 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 classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sepa-
rately identified item.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article 1I if:
11.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that'CONTRAC-
TOR is entitled to an increase in Contract Price as a result
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12 —CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
TOR, the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRACTOR shall include, but not be limited
to, acts or neglect by OWNER, acts or neglect of utility owners
or other contractors performing other work as contemplated by
Article 7, fires, floods, epidemics, abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (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 CONTRAC-
TOR, any Subcontractor, any Supplier, any other person or
organization, or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACTOR, or (ii)
35
delays beyond the control of both parties including but not
limited to fires, floods, epidemics, abnormal weather condi-
tions, acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
ARTICLE 13 —TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing Iabogatories and governmental agencies with jurisdic-
tional interests will have access to the Work atireasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such access
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely no-
tice of readiness of the Work for all required inspections, tests
or approvals, and shall cooperate with inspection and testing
personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections, tests,
or approvals required by the Contract Documents except:
13.4.1. for inspections, tests or approvals covered by
paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragraph 13.9; and
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body. having
jurisdiction require any Work (or part thereof) specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body, CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACTOR shall also be responsible ft
ing and obtaining and shall pay all costs in connection
inspections, tests or approvals required for OWN!
ENGINEER's acceptance of materials or equipme
incorporated in the Work, or of materials, mix de.
equipment submitted for approval prior to CONTRF
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that
inspected, tested or approved is covered by CONTR
without written concurrence of ENGINEER, it mu:
quested by ENGINEER, be uncovered for observatic
13.7. Uncovering Work as provided in paragraph I.
be at CONTRACTOR's expense unless CONTRACT
given ENGINEER timely notice of CONTRACTOR'
tion to cover the same and ENGINEER has not act
reasonable promptness in response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
of ENGINEER, it must, if requested by ENGINE
uncovered for ENGINEER's observation and reph
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or ad
that covered Work be observed by ENGINEER or in
or tested by others, CONTRACTOR, at ENGINEE:
quest, shall uncover, expose or otherwise make availa
observation, inspection or testing as ENGINEER may r
that portion of the Work in question, furnishing all nec
labor, material and equipment. If it is found that such
defective, CONTRACTOR shall pay all claims, costs,
and damages caused by, arising out of or resulting fror
uncovering, exposure, observation, inspection and testi
of satisfactory replacement or reconstruction (including t
limited to all costs of repair or replacement of work of o
and OWNER shall be entitled to an appropriate decrease
Contract Price, and, if the parties are unable to agree as
amount thereof, may make a claim therefor as provi,
Article II. If, however, such Work is not found to be def
CONTRACTOR shall be allowed an increase in the Cc
Price or an extension of the Contract Times (or Mileston.
both, directly attributable to such uncovering, exposur
servation, inspection, testing, replacement and reconstru
and, if the parties are unable to agree as to the amount or i
thereof, CONTRACTOR may make a claim therefor a
vided in Articles II and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR ft
supply sufficient skilled workers or suitable materials ore
ment, or fails to furnish or perform the Work in such a wa-
the completed Work will conform to the Contract Docum
OWNER may order CONTRACTOR to stop the Work, o
portion thereof, until the cause for such order has
eliminated; however, this right of OWNER to stop the
36
A
shall not give rise to any duty on the pan 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 pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defective, CONTRACTOR
shall promptly, without cost to OWNER and lin accordance
with OWNER's written instructions: (i) correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply
with the terms of such instructions, or in itn 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 re-
moval and replacement (including but not limited to all costs
of repair or replacement of work of others) will be paid by
CONTRACTOR.
13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service before Substan-
tial Completion of all the Work, the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
13.12.3. Where defective Work (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 re-
moval and replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to ENGI-
NEER's recommendation of final payment, also ENGINEER)
prefers to accept it, OWNER may do so. CONTRACTOR shall
pay all claims, costs, losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to
ENGINEER's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in
Article II. If the acceptance occurs after such recommenda-
tion, 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 13.11, or if CON-
TRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents, OWNER
may, after seven days' written notice to CONTRACTOR,
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall pro-
ceed expeditiously. In connection with such corrective and
remedial action, OWNER may exclude CONTRACTOR from
all or part of the site, take possession of all or part of the Work,
and suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construc-
tion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the 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 con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as
provided in Article II. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE 14 —PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
37
If is
ZS 1
4 a
will be incorporated into a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleted.
Application for Progress Payment
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and other arrangements to protect OWNER'S interest therein,
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
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 indi-
cating in writing ENGINEER's reasons for refusing to recom-
mend payment. In the latter case, CONTRACTOR may make
the necessary corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation, the amount
recommended will (subject to the provisions of the last sen-
tence of paragraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGI NEER to O WNER, based on ENGINEER's
on -site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER's knowledge, infor-
mation and belief:
14.5.1. the Work has progressed to the point inc
14.5.2. the quality of the Work is generally in
dance with the Contract Documents (subject to an
ation of the Work as a functioning whole prior to c
Substantial Completion, to the results of any subs
tests called for in the Contract Documents, to
determination of quantities and classifications fo
Price Work under paragraph 9.10, and to any other
fications stated in the recommendation), and
14.5.3. the conditions precedent to CONTRAC
being entitled to such payment appear to have
fulfilled in so far as it is ENGINEER's responsibi
observe the Work.
However, by recommending any such payment ENGIP
will not thereby be deemed to have represented th
exhaustive or continuous on -site inspections have been
to check the quality or the quantity of the Work beyor
responsibilities specifically assigned to ENGINEER i
Contract Documents or (ii) that there may not be other in
or issues between the parties that might entitle CONT
TOR to be paid additionally by OWNER or entitle OWN
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any paymer
cluding final payment, shall not mean that ENGINEI
responsible for CONTRACTOR's means, methods, techni
sequences or procedures of construction, or the safety pr
tions and programs incident thereto, or for any failu
CONTRACTOR to comply with Laws and Regulations t
cable to the furnishing or performance of Work, or for
failure of CONTRACTOR to perform or furnish Wor
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the who
any part of any payment if, in ENGINEER's opinion, it w
be incorrect to make the representations to OWNER refs
to in paragraph 14.5. ENGINEER may also refuse to rer
mend any such payment, or, because of subsequently dis
ered evidence or the results of subsequent inspections or t
nullify any such payment previously recommended, to
extent as may be necessary in ENGINEER's opinion
protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by V
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct de
tive Work or complete Work in accordance with paragr
13.14, or
14.7.4. ENGINEER has actual knowledge of the
currence of any of the events enumerated in paragra
15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amo
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER
account of CONTRACTORS performance or furnishing
the Work,
.a
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 occur-
rence of any of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWN -
ER's satisfaction the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONTRAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter, OWNER, CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete, ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that the
Work is not substantially 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, EN-
GINEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list Hof items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pend-
ing final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utili-
ties, insurance and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion, ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees that such part of the Work is substan-
tially complete, CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request,
OWNER, CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider
that part of the Work to be substantially complete, ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
-S'
I
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certifi-
cates or other evidence of insurance required by paragraph 5.4,
certificates of inspection, marked -up record documents (as
provided in paragraph 6.19) and other documents, CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered)
by: (i) all documentation called for in the Contract Documents,
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety, if any, to final
payment, and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER, CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed, and (ii) all payrolls, material and equipment bills and
other indebtedness connected with the Work for which OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for .Payment and
accompanying documentation as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRACTOR,s other obligations under the
Contract Documents have been fulfilled, ENGINEER will,
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise, ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability, the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
CONTRACTOR,
14.14. If, through no-fault of CONTRACTOR, final
pletion of the Work is significantly delayed and if ENGIN
so confirms, OWNER shall, upon receipt of CONTRACT
final Application for Payment and recommendation of Ei
NEER, and without terminating the Agreement, make
ment of the balance due for that portion of the Work
completed and accepted. If the remaining balance to be he
OWNER for Work not fully completed or corrected isless
the retainage stipulated in the Agreement, and if Bonds
been furnished as required in paragraph 5.1, the written
sent of the surety to the payment of the balance due for
portion of the Work fully completed and accepted sha
submitted by CONTRACTOR to ENGINEER with the A
cation for such payment. Such payment shall be made u
the terms and conditions governing final payment, except
it shall not constitute a waiver of claims.
Waiver of Claims:
14.15. The making and acceptance of final payment
constitute:
14.15.1. a waiver of all claims by OWNER ag:
CONTRACTOR, except claims arising from unsettled L
from defective Work appearing after final inspection pt
ant to paragraph 14.11, from failure to comply with
Contract Documents or the terms of any special guarar
specified therein, or from CONTRACTOR'S continuing
ligations under the Contract Documents; and
14.15.2. a waiver of all claims by CONTRACTOR ag:
OWNER other than those previously made in writing
still unsettled.
ARTICLE 15 —SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may
Pend the Work or any portion thereof for a period of not r
than ninety days by notice in writing to CONTRACTOR
ENGINEER which will fix the date on which Work wi:
resumed. CONTRACTOR shall resume the Work on the
so fixed. CONTRACTOR shall be allowed an adjustment ii
Contract Price or an extension of the Contract Times, or t
directly attributable to any such suspension if CONTRAC-
makes an approved claim therefor as provided in Article
and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of
following events:
0
a.
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents (in-
cluding, but not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction;
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety,
if any,) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR front the site and
take possession of the Work and of all CONTRACTOR's
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere,
and finish the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished: If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRACTOR's services have 'been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not 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 effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor,
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity, or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles ii and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16 —DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for 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
41
4.
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE 17 —MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
Computation of Times:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error, omission or
act of the other party or of any of the other party's employt
or agents or others for whose acts the other party is legs
liable, claim will be made in writing to the other party withi
reasonable time of the first observance of such injury
damage. The provisions of this paragraph 17.3 shall not
construed as a substitute for or a waiver of the provisions
any applicable statute of limitations or repose.
Cumulative Remedies:
17.4. The duties and obligations imposed by these Gene
Conditions and the rights and remedies available hereunder
the parties hereto, and, in particular but without limitation, I
warranties, guarantees and obligations imposed upon CO
TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13
13.12, 13.14, 14.3 and 15.2 and all of the rights and remed
available to OWNER and ENGINEER thereunder, are
addition to, and are not to be construed in any way a:
limitation of, any rights and remedies available to any or all
them which are otherwise imposed or available by Laws
Regulations, by special warranty or guarantee or by otl
provisions of the Contract Documents, and the provisions
this paragraph will be as effective as if repeated specifically
the Contract Documents in connection with each particu
duty, obligation, right and remedy to which they apply.
Professional Fees and Court Costs Included:
17.5. Whenever reference is made to "claims, costs, los:
and damages," it shall include in each case, but not be limi
to, all fees and charges of engineers, architects, attorneys e
other professionals and all court or arbitration or other disp
resolution costs.
(The remainder of this page was left blank intentionally.]
42
EXHIBIT GC -A to General Conditions of the
Agreement Between OWNER and CON-
TRACTOR Dated
For use with EJCDC No. 1910-8 (1990 ed.)
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 relat-
ing to the Contract Documents or the breach thereof (except
for claims which have been waived by the making or accep-
tance of final payment as provided by paragraph 14.15) will be
decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Asso-
ciation then obtaining, subject to the limitations of this Article
16. This agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable under
the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9.11 will be
made until the earlier of (a) the date on which ENGINEER has
rendered a written decision or (b) the thirty-first day after the
parties have presented their evidence to ENGINEER if a
written decision has not been rendered by ENGINEER before
that date. No demand for arbitration of any such claim, dispute
or other matter will be made later than thirty days after the date
on which ENGINEER has rendered a written decision in
respect thereof in accordance with paragraph 9.11; and the
failure to demand arbitration within said thirty drys' period will
result in ENGINEER's decision being final and binding upon
OWNER and CONTRACTOR. If ENGINEER renders a de-
cision after arbitration proceedings have been initiated, such
decision may be entered as evidence but will not supersede the
arbitration proceedings, except where the decision is accept-
able to the parties concerned. No demand for arbitration of any
written decision of ENGINEER rendered in 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 or ten- day period specified in
paragraph 16.2 as applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand be
made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limita-
tions.
16.4. Except as provided in paragraph 16.5 below, no
arbitration arising out of or relating to the Contract Documents
shall include by consolidation, joinder or in any other manner
any other person or entity (including ENGINEER, ENGI-
NEER's Consultant and the officers, directors, agents, em-
ployees or consultants of any of them) who is not a party to this
contract unless:
16.4.1. 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 in-
volved 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, dispute or
other matter in question between OWNER and CONTRAC-
TOR involves the Work of a Subcontractor, either OWNER or
CONTRACTOR may join such Subcontractor as a party to the
arbitration between OWNER and 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 Subcontrac-
tor. Nothing in this paragraph 16.5 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 ENGINEER's Consultants that
does not otherwise exist.
16.6. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having jurisdic-
tion thereof, and it will not be subject to modification or appeal.
[The remainder of this page was left blank intentionally.]
GC -A 1
F
I:'
•
t a v
n' f
16.7. OWNER and CONTRACTOR agree that they shall tion would irrevocably prejudice one of the parties.
first submit any and all unsettled claims, counterclaims, dis- respective thirty and ten day time limits within which to fi:
putes and other matters in question between them arising out of demand for arbitration as provided in paragraphs 16.2 and
or relating to the Contract Documents or the breach thereof above shall be suspended with respect to a dispute submitte'
("disputes"), to mediation by The American Arbitration As- mediation within those same applicable time limits and sl
sociation under the Construction Industry Mediation Rules of remain suspended until ten days after the termination of
the American Arbitration Association prior to either of them mediation. The mediator of any dispute submitted to medial
initiating against the other a demand for arbitration pursuant to under this Agreement shall not serve as arbitrator of si
paragraphs 16.1 through 16.6, unless delay in initiating arbitra- dispute unless otherwise agreed.
GC -A2
Y 4
4 i i-
e_
w
Green -
Anderson Letter of Transmittal
ENGINEERS, Inc. 12/21/98
2233 North Green Acres Road
Fayetteville, Arkansas 72703
Phone: (501) 442-4682
Fax: (501) 442-0413
To: City of Fayetteville
Fayetteville, AR
Attention : Harold Dahlinger
Project: Fytville City Admin Bldg Project #: 98013
1310 V -a'8.
1Ylu-I-hit oa
iYRG E4)11
F*mtncf
Pty
We are Sending You:
®
Attached
❑
Under Separate Cover
Via OMG
❑
Modem
"' ®
Delivered
❑
Pickup
.❑'Overnight Courier ❑ Bus
❑
Regular Mail
❑
Drawings
❑
Specs
❑ Report / Booklet ❑ Letter
El
Submittals
❑
Reproducible
❑
Copies
® Originals ❑ Report
❑
Electronic Files
❑
Preliminary
❑
Design Development
% Complete Progress
❑
Final
1
12-21-98
Iiq.iwirfltuii
Arkansas Statutory Performance and Payment Bond
12-21-98
Certificate of LiabiliInsurance
These are transmitted as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit
® For your use ❑ Approved as noted ❑ As requested
❑ For your review & comment ❑ Returned for corrections
lI
Remarks:
Copy to: file Signed: Lt J261 CL
UNITED STATES
(A Stock Company)
43-0120-5669698-1
COMPANY
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
Multi -Craft Contractors, Inc.
We................................................................................................................
........... 4 ................P...0... Box .1760., . Sp.ri ngdal e,..Ar. kans as .....72765...........................
as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a
coroporation organized and existing under the laws of the State of Maryland and authorized to do business
in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto..C.ity..of....
F.ay Mountain.,. Fayettev.i 1.1 e,. Arkansas .....72701 ........................
as Obligee, hereinafter called Owner, in he amount of..S thousand e1 ht
hundred .sixty. three. And.P1Q/.�.Qp*******r****************r***r*****r*************
Dollars ($..662,.86.3..00.. ),,for -the, payment, whereof.Principal-and•Surety-bind themselves, their heirs,
personal representatives, successors and assigns, jointly and severally, firmly by these presents.
Principal has by written agreement dated......(1Q.vembQr..5.,..j9.9a............ entered into a contract
with Owner for HVAC renovation, Administration Building, City of Fayetteville.
, which contract is by reference made a part hereof, and is
hereinafter referred to as the Contract.
THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract
on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may
suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all
persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such
persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this
obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain
in full force and effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action
or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with
A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or
proceeding shall be brought by the Owner after two years from the date on which final payment under the
Contract falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or
the giving by the Owner of any extension of time for the performance of the Contract, or any other forberance
on the part of either the Owner or the Principal to the other shall not in any way release the Principal and
the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns
from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance
being hereby waived.
In no event shall the aggregate liability of the Surety exceed the sum set out herein.
Executed on this .....18th...........day of...... December 19 .98..
Multi -Craft Contractors,.. Inc..
�.........
Principal By - UNITED ST ES FIDELIT
LAND GUARANTY COMPANY
By......
Wl.l ................Su.
U Attorney -in -fact
Contract 158 (Arkansas) (11-89)
• '
1627375
United States Fidelity and Guaranty Company j
Power of Attorney o U U l +U•
No. 110502
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 Cityof Baltimore. in the State of Maryland, does hereby constitute and appoint Ronald Gardner, Jr.,
Fred Stone, Jerry M. Dollins, Tyler White, Jackie C. Bingham and Carolyn Sue Brown
of the City of Springdale . State of Arkansas its true and lawful Atmmey(s)in.Fact each in their separate capacity if more than
one is named above, to sign its name as surety to, and to execute, seal and acknowledge any 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: and executing 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
thesignatures of its Vice President and Assistant Secretary, this 8th day of August , AD. 1997.
United States Fidelity and-Guarantynty Company,
A lY /G dO (Signed) By............�a
vice President
AH7 (Signed) By + -!..*.t. .. ...!..1M5.> �' `- :.............
ststant Secretary
State of Maryland I
SS:
Baltimore City
On this 8th day of August . AD. 19 97, before me personally came Gary A. Wilson, Vice President of United States Fidelity and
Guaranty Company, and Thomas E Huibregtse, Assistant Secreteryoof said Company, with both of whom I am personally abguainted, who being by me severally duly sworn,
said, that they, the said Gary A. Wilson and Thomas E. Huibregbre were respectively the Vice President and the Assistant Secretary of the said United States Fidelity and
Guaranty Company, the corporation described in and which executed the foregoing Power of Attorney, that they ea bh knew the seal of said corporation: that the seal affixed
to said Power of Attorney was such corporate seal, that it was so affixed byntertf the Board of Directdls rot said corporation, and that they signed their names thereto by
like order as Vice President and Assistant Secretary, respectively, of theCpapany.
My Commission expires the 1st day of August A.D.19 9'8 -
+,'/_',. `:. (Signed) By. ,•.. /d.4. ..... .l.:C.
^vim ryPublic)
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company on September 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 Attorney(s)-in-fact pursuant to a Power of Attorney issued in accordance with
these resolutions. Said Power(sl 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 Vice President or a 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 Attorney(s)-in-fact for purposes only of exeauno
and attesting bonds and undertakings and other writings obligatory in the nature thereof, 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 such 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 Attorneyls-in-Fact shall have the power and authority, 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 Attomeylsl-in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and
attested to by the Secretaryof the Company.
I, Thomas E. Huibregm• an Assistant Secretary of the United Stares Fidelity and Guaranty Company, do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24.1992 and that these Resolutions are in full force and effect
I, the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in lull
force and effect and has not been revoked.
In T simony Where I. I have ereunto set m nd and the seal of the United States Fidelity and Guaranty Company,
on this 18Th day of 5ecemdey;'.19
84;07,�l
Assistant Secretary
FS 3(12/96)
A • • i
1 fe1 n.
3
ACORD: CERTIFICATE
OF
L
ABILITY INSURANCE : DATE(MWDDIYY)
:.,
... 12/18/98 ?;
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Rebsamen Insurance/SPO
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1501 West Sunset
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. 0. BOX 829
COMPANIES AFFORDING COVERAGE
Springdale, AR 72765-0829
COMPANY
='(501) 756-1400
A The Hartford Insurance Company
INSURED
COMPANY
Multi -Craft Contractors, Inc.
B
Airworks Division of Multi -Craft Contractors, Inc.
COMPANY
P. 0. Box 1760
C
2300 Lowell Rd.
COMPANY
_ SpringfaIe, AR 72765-1760
U
-COVERAGES ..: .....
.--..
THISIS TOCERTIFY THAT THEPOLICIES OF INSURANCE LISTED BELO W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOT W ITHSTANDING ANY REOUIREMENT,TERMOR CONDITIONOF ANYCONTRACTOROTHER DOCUMENT W ITHRESPECT TO W HICHTHIS
CERTIFICATE MAYBE 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
TYPEOFINSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
LTR
DATE (MMIDD/YY)
DATE (MMRIDIYY)
_ _....
.�_._..- �i��
. ./ ,_ __. '
+ r .-.-.err • . •ti.� S:'
•-
--
-GENERALLIABaITY
38UUNGS3542
9101198
9101/99
GENERAL AGGREGATE
$ 2,000,000
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGO
S 2,000,000
CLAIMS MADE
x
OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
OWNER'S a CONTRACTOR'S PROT
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
S 300,000
MED EXP (Any one person)
$ 10.000
A
AUTOMOBILE LIABILITY
38UENGS3496
9101/98
9101/99
COMBINED SINGLE LIMIT
$
X
ANY AUTO
1,000,000
ALL OWNED AUTOS
BODILY INJURY
(Per person)
$
SCHEDULED AUTOS
X
HIRED AUTOS
BODILY INJURY
$
X -
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
A
EXCESSUABILITY
38RHUGV9258
9/01198
9/01/99
EACH OCCURRENCE
$ 5,000,000
X
UMBRELLA FORM
AGGREGATE
$ 5,000,000
OTHER THAN UMBRELLA FORM
$
A
WORKERS COMPENSATION AND
38WBD06382
9/01/98
9/01/99
WC STATU.
OTH-
..�-.'.;-;
EMPLOYERS' LIABLITY
EL EACH ACCIDENT
$ 100,000
THE PROPRIETOR/
INCL
EL DISEASE -POLICY LIMIT
$ 500,000
PARTNERS/EXECUTIVE
OFFICERS ARE:
EXCL
EL DISEASE -EA EMPLOYEE
$ 100,000
OTHER
DESCRIPTION OFOPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
JOB: ADMINISTRATION BUILDING FOR CITY OF FAYETTEVILLE
With respect to the Commercial General Liability Coverage,
the Certificate Holder is named as an Additional Insured
CERTIFICATE HOLDER.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fayettevl i le
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL
113 W. Mountain
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Fayettev i II., AR 72701
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AynUPI,D REPRESENTATIVE
Jan Martin
... .. .. .. ..... .... ........... .... ....... ...... .. ....... ......
ACORO 25.5 1195
. _._. _.......
ACORD CORPORATION 1988 '.
CERTIFICATE: 016/001/ 00030