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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. • (' APPROVED. /1/1,4444 -- ATTEST': j � /' ByJ Ga�rv.- ���oaa Heather Woodruff, City Clerk/o By. Fred Hanna, Mayor reT • 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) _ _ , c . y, 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. • 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 • Article 9. MISCELLANEOUS. • 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.) • 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 e �- %y %% \ 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). • • 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` royal Signatures Da i1 �519g Date is /IV ;u. g Coordinator Date Date Budget Office Use Only Type: A B C ($5 E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requeste C:.4PPW8BUD\BAAD.NiVAC_BA.WK4 :4 • • 4 88-86# PTg • • LAIII0d NoIlb1nadl the (License # r 5 m = y 0 Vc (MOUNTAIN MECHANICAL CONTRACTOR ILicense # 4651099 (JOHNSON MECHANICAL CONTRACTORS License # 25810398 IAIRWORKS PRIME CONTRACTORS X ADD #1 x ADD #2 .•• Caa 0 CO OCA Z O O 413 vi- F C C • C C an OC r . fes. F . C C 1 PaP 00'OOS`6$ BASE BID wa rn at N 03 O` W • 0 0 Johnson Mech i w r rt 9 N• r4 E 0 M F N MECH. SUB- CONTRACTOR 'F I-1 C pp IT I--6 n n 0 c rt rt P C n w H. rt rt ELECT SUB- CONTRACTOR 88-86# PTg • • LAIII0d NoIlb1nadl the • ..n...._, �..q...;M:3:..=1;61.6:r._•Lfam-..r....• •......_ C) n 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 • ' 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 • 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