HomeMy WebLinkAbout33-98 RESOLUTION•
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RESOLUTION NO 33-98
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $195,509.16, PLUS A CONTINGENCY
AMOUNT OF $30,000, TO MOBLEY CONSTRUCTION FOR
THE ARLINGTON TERRACE RECONSTRUCTION PROJECT;
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 a construction contract in the amount
of $195,509.16, plus a contingency amount of $30,000, to Mobley Construction for the Arlington
Terrace Reconstruction Project, and authorizes the Mayor and City Clerk to execute said contract
A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 9 The City Council hereby approves a budget adjustment in the amount of
$226,00 increasing Street Improvements, Acct. No. 4470 9470 5809 00 Project 98072 decreasing
Bridge & Drainage Improvements, Acct. No. 4470 9470 5817 00, Project 97042.
r1' 4, cifigSED 7 s D APPROVED this 1day of March , 1998.
•
"c"--..)
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FAPPROVE D-
?F'�,r, ��e��-
I
• • 1 j.
6 N
1.
ATTEST:
By: Y'IGG az,
Heather Woodruff, City
By:
Fred Hanna, Mayor
City of Fayetteville, Arkansai
Budget. Adjastrfhent Form
Budget Year
:L998
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
02/19/98
Adjustment #
Project or Item Requested:
Funding is requested for Arlington Terrace Street Reconstruction
project.
•
Project or Item Deleted:
• Funding proposed for this adju tment is from the Vista -Holly
Drainage Improvement project.
•
•
•
•
•
Justification of this Increase:
Arlington Terrace Street Reconstruction Project was originally
budgeted with Trust Street. Trust Street was bid and
constructed in 1997, however, all funding for the combined
project was utilized on Trust Street.
Justification of this Decrease: 3 olt.t
The Vista -Holly Drainage project will be reviewed for priority
ranking during 1999-2003 Capital Improvement Program process.
Increase Expen e (Decrease Revenue)
Amount ". t =q' Acco
u
ntNumber
',ri
Street Improvements
Account Name
Decrease Expense (Increase Revenue)
Amount .. Account Number
Bridge & Drainage Improvement 226,000
•
4470 9470
5817 00
Project Number
97042
Budget Office Use Only
rdinator
Date
Department Director
n
Admin. Se ices Director
Mayor
Date
Date
Date
,Type: .A. %13
c 7 ri:
Date of Approval
E.
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requester
CERTIFICATE OF NSURANCE
DATF. (MMAIHIYY)
02/27/98
PRODUCER 501-376-Q716
The Cashion Company, Inc.
P.O. Box 550
Little Rock, AR 72203
THIS CER'I'IF'ICA'E IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIM'S UPON TIIE CEWI'I FI CATE IIOIMER. TIIIS CERTIFICATE
DOES NOT AMEN ), EXTEND OR ALTER TIIE COVERAGE AFFORDED BY TIIE
POLIC 1•S BELO%'.
COMPANIES AFFORDING COVERAGE
COMPANY
A United Capitol (Crump)
INSURED
Mobley Contractors, Inc.
P.O. Box 150
Morrilton AR 72110
COMPANY
B General Accident
COMPANY
C Hartford (Crump)
COMPANY
D GRE Insurance Group
COVERAGES
THIS IS TO CERTIFY TIIAT TIIE POLICIES OF INSURANCE LASTED BELOW IIAVE B .EN ISSUED TO TIIE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANYREQUIREMENT. TERM OR CONDITION OF ANY coNrRACr OR OTHER DOCUMENT WITH RES ECT TO WIIICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIIE INSURANCE AFFORDED BY TIIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIIE TERMS,
EXCLUSIONS AND CONDITIONS OF SIJCII POLICIES. LIMITS SIIOWN MAY HAVE B .EN REDUCED BY PAID CLAIMS.
CO
TYPE 01' INSURANCE
POLICY NUMBER
POLICY ELY.
DATE IMMB)DIYV)
1'OLICI'NXP.
DATE (11M/DDIYY)
LIMITS
LTR
A
GENERAL LIABILITY
GLA1001817
4/23/97
4/23/98
GENERAL AGGREGATE
2000000
PROD-COMP/OPACC.
1000000
x
COMM. GENERAL LIABI I,IT\
PERS. & ADV. INJURY
1000000
CLAIMS MADE
X
OCCUR
EACII OCCURRENCE
1000000
OWNER'S & CONI "ACT S I ROT
FIRE DAMACE(One We)
MD) EXP(My one person)
5000
B
AUTOMOBILE
LIABILITY
8A017770902
4/23/97
4/23/98
COMBINED SINGLE
L1M°
1000000
X
AM'At"
BODILY INJURY
(Per pmron)
ALL OWNED AUroS
X
SCHEDULED AUTOS
BODILY INJURY
(Per nocIdenl
X
HIRED AUTOS
X
NON -OWNED AUTOS
PROPERTY DAMAGE
GAVAGE
LIABILITY
AUTO OST V-F.A ACCIDENT
OTIIERTIIAN AUTO ONLY:
ANY AUTO
EACII ACCIDENT
-----ILII
AGGREGATE
C
EXCESS LIABILITY
20HUSL5086
4/23/97
4/23/98
EACH OCCURRENCE
4000000
AGGREGATE
4000000
X
UMBRELLA FORM
OTHER TItAN UMBRELLA FORM
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC015237302
4/23/97
4/23/98
STATUTORY LIMITS
'"'---- ----
EACII ACCIDENT
500000
DISEASE -POLICY LIMIT
500000
THE PROPRIETOR/
PARTNERS/EXECUTIVE
INC!,
OFFICERS ARE:
EXCI,
DISEASE-EACII EMIL.
500000
D
°'"""
Installation Floater
Binder
2-27-98
4-23-98
Special W/Theft Subject
to Normal Exclusions.
$500,000. Each Jobsite
$500. Deductible
DESCRIPTION OF OI'ERATI ONSB,OCAI'I ONSNEIII CLEsrS PIM I A I. ITEMS
THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO
GENERAL LIABILITY AND A WAIVER IS APPLICABLE TO WORK COMP, IN REGARDS
TO THE ARLINGTON TERRACE RECONSTRUCTION JOB. IN FAYETTEVILLE, AR.
CERTIFICATE HOLDER CANCELLATION'
CITY OF FAYETTEVILLE
CITY ENGINEERING DIVISION
CITY HALL, 113 W. MOUNTAIN ST.
FAYETTEVILLE, AR 72701
SHOULD ANY OF TIIE ABOVE DESCRIBED POI,ICIES RE CANCELLED BEFORE THE
EXPIRATION DATF. THEREOF, THE ISSUING COMPANY unmonmet
MAI I. 30 DAYS WRIYI'KN NOTICE TO TIIE CERTIFICATE HOLDER NAMED TO TIM
I,E:FI',.o'rs•lo;•+on u.l e'E•Fuo's; .l•:SN Sg.c,w.v.lcu Fenu'a•o,:-
'o -t le::ove'o.�o':uot•'rir:o•o•ra Fuen o'o-'rrl•V•ra•r3.e462'
AUr11 t '17.F • "'PRESENTATIVE
/
i
de
ACORI> 254 (3193)
2- 28
? •
r
Res, 3d-98..
FORM OF ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we Upbe Ctxitxac s a(n)
c orpnra r; nn herein called °Principal" and Unnea balm - hereinafter
Fernsylvania
called the "Surety," are held and firmly bound unto e ity o
Fayetteville, Arkansas, hereinafter called "Owner" in the sum of
One Hundred Ninety Five Thousand
Five Hundred Nine and 16/100
$
dollars (V.95,509.16 )
in lawful money of the United Stated, for the pavment of which sum well and truly made,
said pnncipals and Surety bind themselves, their heirs, administrators, executors,
successors and assigns, jointly and severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into
a certain contract with the Owner for the construction of Arli Ttrn Teri rp Peen -1st -11 rtion
NOW, Tl-I)FORE if the Principal will well, truly and faithfully perform its duties all the
undertakings, covenants, terms, conditions, and agreements of said contract during the
original term thereof, and any extensions thereof which may be granted by the Owner,
with or without notice to the Surety, and if he shall satisfy all claims and demands
incurred under such contract, and shall fully indemnify and save harmless the Owner
from all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner may incur in
making good any default, and shall promptly make payment to all persons, firms,
subcontractors and corporations furnishing mcrtenal for or performing labor in the
prosecution of the work provided for in such Contract and any extension or modification
thereof, all amounts due for, but not limited to materials, lubricants, oil, gasoline, repair
on machinery, equipment and tools consumed or used in connection with the work, fuel
oil, insurance, rentals on machinery; also for taxes or payments due to the State of
Arkansas or any political subdivision thereof which shall have arisen on account of, or
in connection with, the wages earned by workmen covered by the bond, and for all labor
performed in such work whether by subcontractor or otherwise, then this obligation shall
be void, otherwise to remain in full force and effect.
The Surety agrees that the terms of this bond shall cover the payment by the principal of
not less than the prevailing hourly rate of wages as determined by the Arkansas
Department of Labor or U.S. Secretary of Labor, whichever is greater, to all workmen
performing work under the contract.
PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the
contract or to the work to be performed thereunder of the specifications accompanying
the same, shall in any wise affect it's obligations on this bond, and it does hereby waive
notice of any such change, extension of time, or alteration or addition to the terms of the
contract as to the work or to the specifications.
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PROVIDED FURTHER that no final settlement between the Owner and the contractor
shall abridge the nght of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each of which
shall be deemed on original, this _ day of 19 .
AI 'EST:
Mobley Contractors, Inc.
(PRINCIPAL)
SECRETARY (PRINCIPAL) (TITLE)
(SEAL)
P. 0. Box 150
Morrilton, AR 72110
WITNESS AS TO PRINCIPAL (ADDRESS)
AI 1EST:
United Pacific Insurance Company
(SURETY)
6.0c3
WITNE'i AS TO
ATTORNEY IN FACT
(ADDRESS)
greeny
JA, ee
-\ rr; % G -.ri.
4111. r‘or'777•
_ "' .^
^=�1
;hireIC 4r
William H. Griffin
(ATTORNEY IN FACT)
P. 0. Box 550
Little Rock, AR 72203
Date of Bond must not be prior to Contract Date and must include:
1. Correct name of Contractor
2. Whether Corporation, Partnership, or Individual
3. Correct name of Surety and correct name of Owner
5. Execution of bond by all Partners, if Partnership
6. Execution by Arkansas Local Resident Agency for Surety
BOND MUST BE FILED WITH THE CIRCUIT COURT OF WASHINGTON COUNTY
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M31A 01 31ONV NV led OlOH - )111VWU31VM 'VIJIJIl/V NV SNIV11103 1N3Wl000 SIHl dO NOVB 3H1
RELIANCE SURETY COMPANY
UNITED PACIFIC INSURANCE COMPANY
•
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY f
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that REUANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, end that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporation duly organized under the laws
of the Commonwealth of Pennsylvania end that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin therein collectively called -the Companies") and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Knight Cashion. Benson A. Cashion, Matthew Knight Cashion, Jt., Judy Schoggsn, William H. GHHM, William R. Plaggo,
Cynthia L. Wadley., of Little Rock, Arkansas their true and lawful Attorneyfs)-in-Fact, to maks, execute, seal and deliver for and on their behalf,
and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully end to the same extent es
if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and
sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance
hereof.
This Power of Attorney is granted under and by the authority of Article VII of the Sy -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE bbl • EXECUTION OF tONOS AND UNOERTAKINOS
1. The toed of Director., the Preede nit, the Channel of the Board. my Sala Vico President, are We President a Aae No Preidee or other officer dmgnaed by ter cord of
Oberon shad haee pewee rd rahenhy 10 (a) open Anemevlelinfect at to adheres them to .acute . bairn of the Company, bonds and utlrts/irp, receauame,, convects of rummy
and other whop obligatory in the nate thereof. and (bite remove arty such Atte reylhbKect at any Uma and revoke the power and aahairy even to them.
1. Ananybl-inEea NW have pewee and authority. sera to the tame ed !theatre el are Power of Attorney heed to them. to .ease deliver on bathed el the Company, bonds
amid vdatairps. recograne.. contracts of bdenrxty and aha writings *acetone in the news Mares. The coronets raw not ncerry for the vsidity of any bone ad urdrtakup,
recogrzames, co mecca of indemnity' and pale *entree ebdueoy in the nava thereof.
3. Attonn ysHn nett shell her pane and authority to .acute affidavits rodeo! to be enacted te bards. recognizance,. contracts a indemnity oe other candidate a obligatory
vdanadnse ani they snail dee have power and a treity to certify the financial eater. a of the Compare and to cope, ef the aylave at the Company or ley aocie is section thereof.
This Pewee of Attorney inbred and sealed by facsimile under ed by seaway of the followed resolution adopted by the Executive and Finance Committees of the Boatde of Director of Wheats
Insurance Compere, United Pacific Inatome Company and Reliance National hdaedy Conva y by Unarmed Career dated a a February 19. 1994 and by the Erasion and Financial
Committee of the Board of Director of Reliance Surety Compare by Unfmod Caw.. dated . of Mach 31, 1004.
"Resolved the the signature, of such *octan and officers and the seal of the Compere may be sffxed to any such Power on Attorney or eery certificate, related thereto by
Iaeamile.sd any such Pews a Attorney a certificate berld such facsimile senate, or femme, sea Mull be valid aril bindid Won In Company ad are such Power se
executed and Mined by herr signature, and facsimile sea stud bo valid ed binding Wal the Company, in tie Mus with respect to eery bond ce undertaking to Larch it is
attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1,
1998.
STATE OF Pennsylvania
COUNTY OF Philadelphia se.
On this, February 1, 1998, before me, Valencia Worthen, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice
President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that es such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
Cidat-
In witness whereof, 1 hereunto set my hand and official seal.
Notarial Seal Public
Valencia Wortham, Notary ty
My Commlisnia,sionPExpiresPNov. B 2000
Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
1, Anita Zippsrt, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above end foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _ day of
m ash
os rCuts
SGL i
fernt,
°FloWA/
Secretary
19
eta
1:13dVd 311HM NO ON1108ONOVB 03H0100 V SVH 1N3LNf1300 81141. 30 33V3 9111
ZWYo25 5/6P/i-rugs STAFF REVIEW
X `AGENDA REQUEST, City Council meeting of March 17, 1998
4'eS• 33- 98
Ghny omit /
/rood /e/
ICROFILMED 6-S'9i
FROM: Don Bunn
Name
Engineering
Division
Public Works
Department
ACTION REWIRED: The Mayor's signature on Change Order No. 1 for $24,246.60
in connection with the Arlington Terrace Reconstruction.
COST TO CITY:
$ 24,246.60
Cost -This Request
4470 9470 5809 00
Account Number
98072
Project Number
$ 226,000.00
Category/Project Budget
IRS,1lot 00
Funds Used To Date
? c %3S. 06
$ J0. -0-00.0o
Funds Remaining
Street Construction
Category/Project Name
Program Name
Sales Tax
Fund Category
B
G
T,CONTRACT REVIEW:
udget Coordinator
4
v
Purchasing Officer
X /Budgeted Item
7/98
ate
Date
Date
CMQ
62-3
Date
Budget Adj. Attached
Administrative Services Director
Internal Au
Date
4
Date
6'-1/ 4
itor Cn2. Date
STAFF RECOMMENDATION: It is the recommendation of the Staff that the Mayor
execute Change Order No. 1 in the amount of $24,246.60.
Admii42is D441 ctor
Ma or
2/18/98
Date
Date
)a e
44/9
Date
Y
Cross Reference
New Item: Yes
Prev Ord/Res #: ✓ -d
Orig Contract Date: 3 /l v/�f)
•
ARLINGTON TERRACE RECONSTRUCTION
CHANGE ORDER NO. 1
Description of Change Order No. 1
This change involves the re -working of the intersection at the north
intersection of Arlington Terrace and Kings Drive and the installation of a french
drain in the same intersection. The work is detailed on a plan sheet entitled
"Change Order No. 1".
Cost of Change Order No. 1
Existing Unit Prices Items:
1. Curb and Gutter L.F. 170 @ 9.66
2. Concrete Paving S.Y. 270 @ 33.40
4. Gravel (Hillside) T.Y. 220 @ 19.27
Subtotal
New Prices:
1. Four (4) Inch PVC L.F.
2. Washed Gravel C Y.
3. Disposal of Waste L S
4. Landscape Res. L S
Subtotal
75 @ 19.00
7 @ 18.00
Total Price, Change Order No. 1
Original Contract Price
Change Order No. 1
Revised Contract Price
$195,509.16
24, 246.60
$219,755.76
Approvals City of Fayetteville
Mobley Const.
Mayor Fred Hanna
N Ronald n U V/Y
$ 1,642.20
9,018.00
4.239.40
$14,889.60
$ 1,425.00
126.00
4,125.00
3, 681.00
$ 9,357.00
$24,246.60
9
ate
Date
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mcryor Fred Hanna
From: Don Bunn, City Engineer
Thru: Kevin Crosson, Public Works Director
Charles Venable, Asst PW Director
Subject: Change Order No. 1
Arlington Terrace Reconstruction
Date: June 2, 1998
Attached for your review and approval is Change Order No. 1 in connection
with the Arlington Terrace Reconstruction project. The change being requested
involves the improvement of the north intersection of Arlington and Kings Drive.
Subsurface water at that location and the generally poor condition of the Kings
Drive have combined with the contractor's equipment usage at that point has
caused a failure of most of the intersection. Also, we are installing a french
drain in an attempt to protect the intersection in the future.
The estimated cost of the work is $24,246.00, making the total contract price
$219,755.76. A total of $225,509.16 was approved by the Council for the project.
•
RESOLUTION NO 33-98
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $195,509.16, PLUS A CONTINGENCY
AMOUNT OF $30,000, TO MOBLEY CONSTRUCTION FOR
THE ARLINGTON TERRACE RECONSTRUCTION PROJECT;
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 a construction contract in the amount
of $195,509.16, plus a contingency amount of $30,000, to Mobley Construction for the Arlington
Terrace Reconstruction Project; and authorizes the Mayor and City Clerk to execute said contract.
A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 7 The City Council hereby approves a budget adjustment in the amount of
$226,00 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project 98072 decreasing
Bridge & Drainage Improvements, Acct. No. 4470 9470 5817 00, Project 97042.
PASSED AND APPROVED this 17`" day of March 1998.
ATTEST:
By.
•
/24%
Heather Woodruff, City rk
APPROVED: •
•
By •: j/— %
Fred Hanna, Mayor
•
•
•
•
EXHIBIT. A
DETAILED SPECIFICATIONS
AND CONTRACT DOCUMENTS
MICROFILMED
ARLINGTON TERRACE RECONSTRUCTION
BID NO. 98-4
January 1998
CITY ENGINEERING DIVISION
CITY OF FAYETTEVILLE
CITY HALL, 113 WEST MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS
•
UNITED PACIFIC INSURANCE COMPANY
_ r
HOME OFFICE, PHILADELPHIA, PENNSYLVANIA
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
MOBLEY CONTRACTORS, INC.
as Principal, hereinafter called the Principal, and the UNITED PACIFIC
INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly
organized under the laws of the State of Pennsylvania, as Surety,
hereinafter called the Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT
OF THE TOTAL AMOUNT BID (5% of Bid), for the payment of which sum well
and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for:
ARLINGTON TERRACE RECONSTRUCTION
FAYETTEVILLE, ARKANSAS
NOW THEREFORE, if the Obligee shall accept the bid of the Principal
and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and
sufficient surety for the faithful performance of such Contract and
for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal
to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to
perform the Work covered by said bid, then this obligation shall be.'
null and void,otherwise to remain in full force and effect" t "- r.6">>
Signed and sealed FEBRUARY 10, 1998 `, 4? - '�
4 E c � ^s_
c'
MOBLEY CS1N'$RACTORS, INC.
y:/� . 4 MA
less
UNITED PACIFIC INSURA
By: /(Yd7,7[X
WILLIAM H. GRIFFIN
Attorney-in-fact
COMPANY :A'
O.
M3IA 01 31ONV NV 1V 01014 - )IUVW831VM 1VI31dIIHV NV SNIVINO3 1N341f1300 SIHI dO N3V8 3HI
RELIANCE SURETY COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin (herein collectively celled *the Companies') and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr.. Judy Schoggen, William H. Griffin, William R. Plegge,
Cynthia L. Wadley., of Little Rock, Arkansas their true end lawful Attorney(sl-in•Fect, to make, execute, seal and deliver for and on their behalf,
and as their act end deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as
if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and
sealed and attested by one other of such officers, and hereby ratifies and confines all that their said Attorney(s)-in-Fact may do in pursuance
hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in hill force and effect, reading as follows:
ARTICLE NI • EXECUTION OF BONOS 1,4140 UNOERTAXINOS
1. The gag of Diatom. the President the Channon el the Sora, any Serve hip PnwdoM, env Nes Pea -are et Arima a Vin Prelude* w otter eMlcr dseicmed by the Seed of
Diree:en V S h..n oewr end tshety to la; appoint Atenryts` a.F t and to ev wiz• Mom to execute en behalf or the Camyay, baits arnd vWnnWryd. recogwia tee. connects of indemnity
and other VI/MM. obgnery in the nouns thereof. and Ibl to remove any such AttenrybHmFeet et New tome N evoke deo power mg snthety per to them.
2. Attorney.I-inFect shall have pews rhe euthonty, subject to the terms and Iimitlone of the Power of Attorney Surd to them, to execute deliver an behalf af the Camp n , bonds
end undertakings, recognizance., contracts of indemnity ad other vintage *gigaton in the body* tfreef. The capers Md is not heceesry fa the vea}ty et any bonds and undertaking*,
reogiyiaheae, contacts a indemnity ity and ether writing* oblgray in the neve thereof.
3. AttorpeyleNnFct shell have power and authority 10 execute affidavits r.gw.d to be method to band*, rnogrdianeM, contracts of indemnity et other conditional et obligatory
undertakings rub they sole is. have pear end authority to certify the financial reement of the Gewgaw ere te copes of the Illy -Len of the Company to ow rues or section torso.
Tlie Pews s Attorney is waned and *seed by Iaoknn under ed by authority of IM foarw,rr resolution Waxed by the Executive and Henna. Commmen of the aero of Directors s Rskao.
Inflame. Cantoem, Urged Pudic (rrxa cal Compare/ and Reliance National Indemnity Cemprly by Unwmad Consent del ea of February 211, 1904 end by We Executive red Financial
Committee of the Saud al 0*Men Of Reliance Surety Camper by Unanimous Crest del as of Mrt 31, 1994.
'Resolved that the sienna. s such dinette*, and officers and the nal Of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by
faaimM,rnd ay such Fewer of Attorney or certificate bong such fame .ywvee et lecsmile ass she be valid end binding upon Mei Canpahy and rry such Power se
executed and artfied by facsimile Spnsuw and lace rnlle net Nal be valid and binding open the Company. n to fuse with respect to MY IUM undertaking to wlvch n le
attached.'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1,
1998.
STATE OF Pennsylvania
COUNTY OF Philadelphia
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
On this, February 1, 1998, before me, Valencia Wortham, personally appeared David T. Akan, who acknowledged himself to be the Senior Vice
President of the Reliance Surety C.ompeny, and the Vice Freskient u( Reliance insurance Company, United Pacific Insurance -Company, end
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself es its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
Notarial SeatpPuWio
Valencia Wonham, Notaryty
MyCommisnsionPExpi es Now. 8 20W
Notary Public in and for the State of Pennsylvania
Residing at Philadelphia
1, Anita Zappert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in hill force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand anu affixed the seals of said Companies this 1 Otaey of
February 19 98
Secretary
83dVd 31114M NO ONfOHO)13V8 0380103 V SVH 1N3Wf1000 SIH1 d0 30Vd 3111
ADDENDUM NO. 1
Bid Opening Time cmd Date Revision
The time and date set for opening Bids is hereby changed
1 FROM: 2:00 P.M. on February 3, 1998
1 TO: 2:00 P.M. on February 10, 1998
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City of Fayetteville Engineering Division
Monday, January 26, 1998
DETAILED SPECIFICATIONS
AND CONTRACT DOCUMENTS
ARLINGTON IU -(RACE RECONSTRUCTION
BID NO. 98- 4
January 1998
OPENING: FEBRUARY 3, 2:00 PM, ROOM 326
CITY HALL, 113 WEST MOUNTAIN STREET
FAYEITEVIII F, ARKANSAS
Table of Contents
1. Advertisement for Bids 3
2. Instructions to Bidders 4
3. Statement of Bidder's Qualifications 13
4. Bid Proposal 15
5. Contract 17
6. Form of Arkansas Performance and Payment Bond 19
8. Standard General Conditions of the Contract 22
9. Supplement to the General Conditions 23
10. Detailed Specifications 26
10 (a) Part I, Contract Stipulations 27
10 (b) Part II, Material Specifications 34
10 (c) Part III, Construction Specifications 35
10 (d) Part N, Minimum Street Standards 38
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ADVERTISEMENT FOR BIDS
Arlington Terrace Reconstruction, Bid No. 98-4
City of Fayetteville, Arkansas
Sealed bids for the construction of improvements to Arlington Terrace will be
received by the City of Fayetteville, Arkansas in Room 326, City Administration Building,
113 West Mountain Street, Fayetteville, Arkansas 72701, until 2:00 p.m. local time on
Tuesday, February 3, 1998 and then at said office publicly opened and read aloud.
The proposed work generally consists of the reconstruction of the existing
Arlington Terrace in place.
The Contract Documents, including detailed plans and specifications for the work may
be examined and obtained at the City of Fayetteville Engineering Office, Room 004, City
Administration Building, 113 West Mountain Street, Fayetteville, Arkansas.
Each bid must be accompanied by a cashier's check or surety bond in an amount of five
(5) percent of the whole bid. Said bond shall be issued by a resident local agent who is
licensed by the Arkansas State Insurance Commissioner to represent the surety
company executing scud bonds, and filing with such bonds his power of attorney. The
mere countersigning of the bonds by a resident agent shall not be sufficient. In the event
the successful bidder fails, neglects, or refuses to enter into the contract for the
construction of said work and furnish the necessary bonds in accordance with the
Contract, the owner will retain scud check or bond as liquidated damages.
All bids shall be sealed and the envelope addressed to the City of Fayetteville,
Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701,
and clearly marked on the bid envelope shall be the following mformation: The Bid
Number, the project title, the date of the bid opening, the time of the bid opening, and the
bidding contractors' name and license number.
All bidders shall be licensed under the terms of Act 150 of the 1995 Acts of the Arkansas
Legislature. No bidder may withdraw his bid within sixty (60) days after the actual date
of bid opening. The City of Fayetteville reserves the right to reject any and all bids and
to waive any formalities as deemed to be in the best interest of the City of Fayetteville.
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INSTRUCTIONS TO BIDDERS•
1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract shall have the meanings
assigned to them m the General and Supplementary Conditions. The term "Bidder"
means one who submits a Bid directly to the Owner, as distinct from a sub -bidder who
submits a bid to a Bidder. The term "Successful Bidder" will mean the lowest, qualified
responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation
as hereinafter provided) makes an award. The term "Bidding Documents" includes the
Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the
proposed Specifications and Contract Documents (including all Addenda issued prior
to the receipt of Bids).
2. Copies of the Bidding Documents. Complete sets of the Bidding Documents in the
number and amount, in any, stated in the Advertisement to Invitation to Bid may be
obtained from the Engineer upon request.
Complete sets of Biddmg Documents must be used in preparing Bids. Neither the Owner
nor Engineer assumes any responsibility for error or misunderstandings resulting from
the use of incomplete sets of Bidding Documents.
Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids on the Work and do not confer a
license or grant for any other use.
3. Oualifications of Bidders. When included with, and made a part of the Bid Proposal,
the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the
Bid Proposal The "Statement of Bidder's Qualifications" is required to demonstrate
qualifications to perform the Work and will be used in evaluating all bids as a basis for
award.
4. Examination of Contract Documents and Site.
4.1. It is the responsibility of each Bidder before submitting a Bid, to:
(a) examine the Contract Documents thoroughly,
(b) visit the site to become familiar with local and specific conditions which may
affect cost, progress, safety, performance or furnishing of the Work,
(c) consider all Local, State and Federal Regulations and Laws which may affect
cost, progress, safety, performcmce or furnishing of the Work,
(d) study and carefully correlate Bidder's observations with the Contract
Documents, and
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(e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract
Documents.
4.2 Information and data reflected in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is based upon information and data
furnished to the Owner and Engineer by owners of such Underground Facilities or others,
and Owner nor Engineer does not assume responsibility for the accuracy or
completeness thereof unless it is expressly provided otherwise in the Supplementary
Conditions.
4.3 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders on subsurface conditions, Underground Facilities and other physical
conditions, and possible changes in the Contract Documents due to differing site
conditions appear in Article 4 of the General . Conditions and any associated
Supplementary Conditions.
4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain
any additional information, examinations, explorations, tests and studies which pertain
to the physical conditions of the surface and subsurface at, or contiguous to the site or
otherwise which may affect cost, progress, safety, performance or furnishing of the Work
and which the Bidder deems necessary to determine the Bid for performing and
furnishmg the Work in accordance with the time, price and other terms and conditions
of the Contract Documents.
4.5 Upon request in advance, the Owner will provide each Bidder access to the site to
conduct any observations, explorations and tests as each Bidder deems necessary for
submission of a Bid. Bidder shall be required to fill in all holes and to restore all property
to its former condition.
4.6 The lands upon which the Work is to be performed, rights-of-way and easements
for access thereto and other lands designated for use by the Contractor in performing
the Work are identified in the Contract Documents. All additional lands and access
thereto required for temporary facilities or storage of materials and equipment are to be
provided by the Contractor. Easements for permanent structures or permanent changes
in existing structures are to be obtained in advance by the Owner unless specifically
noted otherwise in the Contract Documents.
4.7 The Bidder must satisfy themselves of the accuracy of the estimated quantities in the
Bid schedule by examination of the site and a review of the drawings and specifications
including any Addenda. After bids have been submitted, the Bidder shall not assert that
there was any misunderstanding concerning the quantities of Work or the nature of Work
to be performed.
4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that
he has complied with every provision and requirement of this paragraph four, that without
exception the Bid is premised upon performing and furnishing the Work required by the
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Contract Documents and such means, methods, techniques, sequences or procedures
of construction as may be indicated in or required by the Contract Documents, and that
the Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing the Work.
4.9 The AHTD Standard Specifications contained in the "Standard Specifications for
Highway Construction," Edition of 1993, published by the Arkansas State Highway
Commission are referenced cmd made a part of the Specifications and will apply to
specific instances and projects as noted on the Plans and within the Specifications.
These Standard Specifications are available for inspection in the Engineer's Office or
may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas.
5. Interpretations and Addenda. All questions about the meaning or intent of the
Contract Documents are to be directed to the Engineer. Interpretations or clarifications
considered necessary by the Engineer in response to such questions, and/or any
information deemed necessary by the Owner or Engineer, will be issued by Addenda
mailed or delivered to all parties recorded by the Engineer as having received the
Bidding Documents Only questions answered and/or other information furnished by
formal written Addenda will be binding.
The Point of Contact for questions and clarifications for this specific project is Don Bunn,
P E , City Engineer (501) 575-8206.
6. Bid security. Each Bid must be accompanied by Bid security made payable to the
Owner in cm amount of five percent (5%) of the Bidder's total maximum bid price and in
the form of a certified or bank check or a Bid Bond (on form attached, if a form is
prescribed and included) issued by a surety meeting the requirements of the General
and Supplementary Conditions.
The Bid security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required contract security, whereupon the Bid security
will be returned. If the Successful Bidder fails to execute and deliver the Agreement and
furnish the required contract security within 15 days after the Notice of Award, Owner
may annul the Notice of Award and the Bid secunty of that Bidder will be forfeited. The
Bid security of other Bidders whom the Owner believes to have a reasonable chance of
receiving the award may be retained by Owner until the earlier of the seventh day after
the Effective Date of Agreement or the 61st day after the Bid opening, whereupon the Bid
security furnished by such Bidders will be returned. Bid security with Bids which are not
competitive will be returned within 10 days of Bid opening.
7. Contract Time. The number of days within which, or the dates by which, the Work is
to be substantially completed are as set forth in the Bid Proposal Contract Agreement
and Technical Specifications.
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8. J4cpi1dcxted Damages. Provisions for liquidated damages, if any, are set forth in the
' Bid Proposal and/or the Contract Agreement.
9. Substitute or "Or -equal" items. The Contract, if awarded, will be on the basis of
' materials and equipment described in the Drawings or specified in the Specifications
without consideration of possible substitutes or "or -equal" items. Substitute or "or -equal"
items of materials or equipment, unless it is specified that no substitute will be allowed,
' may be furnished or used by the Contractor if acceptable to the Engineer. Application
for acceptance for possible substitutes or "or -equal" items will not be considered by the
Engineer until after the effective date of the Contract Agreement. The procedure for
submission of any such application is set forth in Article 6.7 of the General Conditions
and any associated Supplementary Conditions.
' 10. Subcontractors, Suppliers and Others. The Contractor shall not assign or sublet all
or any part of this Contract without the prior written approval of the Owner and Engineer.
' Nor will the Contractor allow any subcontractor to commence work until he has provided
and obtained approval of such compensation and public liability insurance as required
by the Contract Documents. The approval of each subcontract by the Owner will in no
' manner release the Contractor from any of his obligations as set forth in the Contract
Documents including the Plans, Specifications, Contract and Bond(s).
' 11. Bid Proposal Form.
11.1 All bids must be made on the required Bid Proposal form contained in the Bidding
' Documents. Additional copies may be requested from the Engineer.
11.2 All blank spaces for Bid prices must be filled in, in ink or type written, and the Bid
form must be fully completed and executed when submitted. Only one (1) copy of the Bid
form is required.
' 11.3 Bids by corporations must be executed in the corporate name by the president or
vice-president (or other corporate officer accompanied by evidence of authority to sign)
' and the corporate seal must be affixed and attested by the secretary or an assistant
secretary. The corporate address and state of incorporation must be shown below the
signature.
' 11.4 Bids by partnerships must be executed in the partnership name and signed by a
partner, whose title must appear under the signature and the official address of the
partnership must also be shown below the signature.
11.5 All names must be typed or clearly printed in ink below the signature.
11.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers
of which must be filled in on the Bid form).
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11.7. The address and telephone number for communications regarding the Bid must
be shown.
12. Submission of Bids. Bids shall be submitted at the time and place indicated in the
Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope,
marked in the lower left portion with the Project Title, Bid Number, Date of the bid
opening, time of the bid opening, bidding contractors' name and license number. The
Bid shall be accompanied with the Bid Security and other required forms and documents.
If the Bid is sent through the mail or other delivery system, the sealed envelope shall be
enclosed in a separate sealed envelope with the notation "Bid Enclosed" on the face of
the outer envelope.
THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE
BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS.
13. Modification and Withdrawal of Bids. Bids may be withdrawn or modified by an
appropriate duly executed document (in the manner that a Bid must be executed) and
delivered to the place where Bids are to be submitted at any time prior to the opening of
Bids. Such modification document shall bear an original signature.
If, within 24 hours after the opening of Bids, any Bidder files a duly signed, written notice
with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there
is a material and substantial mistake in the preparation of its Bid, that Bidder may
withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be
disqualified from further Bidding on the Work provided under the Contract Documents.
' 14. Opening of Bids. Bids will be opened and publicly read aloud at the time and
location as specified in the advertisement of invitation for bids. A tabulation of the
amounts of the Bids will be made available to the Bidders after preparation by the
Engineer.
15 Bids to remain subject to acceptance All Bids will remain subject to acceptance for
60 days after the day of the Bid opening, but Owner may, at its sole discretion, release
any Bid and return the Bid security prior to that date. Additionally, if deemed necessary
by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to
' extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal
or Contract Documents.
16. Award of Contract.
'16.1 Owner reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes to the Work, to negotiate contract terms
with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive,
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unbalanced or conditional bids. The Owner further reserves the right to reject the Bid of
any Bidder if the Owner believes that if would not be in the best interest of the Project or
Owner to make award to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability, or of doubtful past performance, or
fails to meet any other pertinent standard or criteria established by the Owner.
Discrepancies in the multiplication of units of Work and unit prices will be resolved in the
favor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct sum.
16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether
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or not Bids comply with the prescribed requirements, and such alternates, unit prices,
and other data, as may be requested in the Bid Proposal Form.
16.3 Owner may consider the qualifications and experience of the subcontractors,
suppliers and other persons and organizations proposed for those portions of the Work
' as to which the identity of subcontractors, suppliers and other persons and organizations
must be submitted as provided for in the Contract Documents. Owner may also consider
the operating costs, maintenance requirements, performance data and guarantees of
' major items of material and equipment proposed for incorporation in the Work when
such data is required to be submitted prior to the Notice of Award.
' 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability if Bidders, proposed subcontractors, suppliers and other persons and
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organizations to perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time.
16.5 If the contract is to be awarded, it will be awarded to the lowest responsive,
responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that
' the award will be in the best interests of the Project and Owner.
16.6 lithe contract is to be awarded, Owner will give the Successful Bidder a Notice of
Award within 60 days after the date of the Bid opening. If deemed necessary by the
Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend
the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or
' Contract Documents.
17. Contract Security. Article 5 of the General Conditons, and the associated
' Supplementary Conditions set forth the Owner's requirements as to Performance and
Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner,
' it must be accompanied by the required Performance and Payment Bonds.
18. Sighing of Agreement. When Owner gives Notice of Award to the Successful Bidder,
' it will be accompanied by the required number of unsigned counterparts of the
Agreement with all other Contract Documents attached. Within 15 days thereafter,
Contractor shall sign, execute and deliver the required number of counterparts of the
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Agreement and attached documents to the Owner with the required quired Bonds. Within ten
(10) days thereafter Owner will deliver one fully signed and executed to Contractor.
19. Compliance with State Licensing Law. Contractors must be licensed in accordance
with the requirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Licensing
Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit
evidence of having a contractor's license before their Bids will be considered, and shall
note their license number on the outside of their bid envelope.
20. Labor Laws. The Contractor shall abide by all Federal, State and Local Laws and
Regulations governing labor. The Contractor shall further agree to hold and save the
Owner harmless from the payment of any contribution under the State Unemployment
Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State
Unemployment Act, he will make whatever contributions are required under and by virtue
of the provisions of said Act.
' 21. Wages and Labor. Minimum wage rates shall be equal to the basic rates as
established by common usage in the city and adjacent community for the various types
of labor and skills performed. In cases where wage rate determinations are specified
in the Contract Documents, the rates as specified shall be the minimum rates which
apply to the Project. Whenever available, the Contractor shall make use of local common
and/or skilled labor as is practical.
The Contractor and each subcontractor, where the amount exceeds $75,000.00 shall
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comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14-
630). The provisions are summarized below.
The Contractor and Subcontractor shall:
1) pay the minimum prevailing wage rates for each craft or type of workman and the
prevailing wage rate for holiday and overtime work, as determined by the
Arkansas Department of Labor,
2) post the scale of wages in a prominent and easily accessible place at the site
of the Work,
3) keep an accurate record showing the names and occupation and hours worked
of all workmen employed by them, and the actual wages paid to each of the
' workmen, which records shall be open at all reasonable hours to the inspection
of the Department of Labor or the Owner, its officers and agents.
The Owner shall have the right to withhold from amounts due the Contractor so much of
accrued payments as may be considered necessary to pay the workmen employed by
the Contractor or any subcontractor, the difference between the rates of wages required
by this Contract and the rates of wages received by such workmen.
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If it is found that any workman employed by the Contractor or subcontractor has been,
or is being paid a rate of wages less that the rate of wages required by this Contract, the
Owner may by written notice to the Contractor, terminate the Contractor's right to
proceed with the Work or such part of the Work as to which there has been a failure to
pay the required wages and to prosecute the Work to completion by Contract or
otherwise, and the Contractor and his sureties shall be liable for any costs occasioned
thereby.
22. Compliance with Act 125, Arkansas Acts of 1965. The attention of Bidders is called
to the provisions of Act 125, Arkansas Acts of 1965. This act provides for the payment of
certain taxes on materials and equipment brought into the State. It further provides for
methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall
' be complied with under this Contract.
23. Withholding State Income Taxes. The Contractor shall deduct and withhold
Arkansas income taxes, as required by Arkansas law, from wages paid employees,
whether such employees are residents or nonresidents of Arkansas.
24. Compliance with Rules and Regulations for the Enforcement and Administration of
Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the
provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident
Contractors and subcontractors notice and bond regulations by the Commissioner of
Revenues, Dept. of Finance and Administration, P.O. Box 1272, Little Rock, Arkansas
72203 prior to commencing work or undertaking to perform any duties under contract
within the State of Arkansas.
' 25. Subcontractors Bonds - Act 190. Arkansas Acts of 1993. The attention of Bidders is
called to the provisions of Act 190, Arkansas Acts of 1993. In general, this act provides
for the subcontractors to provide to the General Contractor performance and payment
' bonds, with certain regulations on form and time, when the subcontractor's bid is in
excess of $50,000.00.
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26. Excavation Safety. The attention all Bidders is called to the requirements of Act 291,
Arkansas Acts of 1993 - Excavation and Trench Safety. The current edition of
Occupational Safety and Health Administration Standard for Excavation and Trench
Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated and made a part
of these specifications and contract documents as required by Arkansas Act 291 of the
79th General Assembly of 1993. The Contractor shall be solely responsible for the
implementation of these requirements.
A copy of the OSHA regulations is included in this set of specifications as Appendix A.
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STATEMENT OF BIDDER'S OUAL.IFICATIONS
' All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on separate
' sheets and then attached to this statement. The Bidder may submit any additional
information that he desires.
1. Name of Bidder. Mo51cy Co.u4Cnc*0ts TN
' 2. Permanent main office address and telephone number. 952. Kw k aSI MoCtak l�onf ) ( R 7x11
(e1, ) (o!)3%-ac'o
3. When organized. Wi Z
i4. If a corporation, where incorporated. y es , Ac Kcws+s
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5. Contractor's License number. 0003(o(co89E
6. How many years have you been engaged in the contracting business under your
present firm or trade name? Zto y ears
7. Contracts on hand. (Schedule these, showing the amount of each contract and the
appropriate anticipated dates of completions, and a point of contact for references.)
* Sxe_ A-4-4aCk .cI
8. Have you ever failed to complete any work awarded to you? t.o
9. Have you ever defaulted on a contract? If so, where and why? 1(a
10. Experience in construction similar in size and scope to this project, along with the
project owners and engineers. P Sosr, A. -}ocher.(.
11. List of major equipment available for this contract.
)4- Sam 4 -44wcL-d.
12. You will, upon request, fill out a detailed financial statement, including credit
worthiness, and furnish any other information that may be required by the Owner. yes
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7. Contracts on Hand
1)
AHTD Job No. 080023
Contract Amount $2,934,472.36
Anticipated Date of Completion:
March 1998
2)
AHTD Job No. 04240
Contract Amount $430,219.50
Anticipated Date of Completion:
May 1998
3)
AHTD Job No. 005914
Contract Amount $1,706,483.00
Anticipated Date of Completion:
June 1998
4)
AHTD Job No. 060841
Contract Amount %512,234.94
Anticipated Date of Completion:
June 1998
5)
AHTD Job No. 009815
Contract Amount $5,775,768.04
Anticipated Date of Completion:
July 1998
6)
Water Treatment Plant Improvements
Contract Amount: $1,481,010.00
Anticipated Date of Completion:
November 1998
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' 10) Experience in construction similar in size to this project along with project Owners
and Engineers
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1) Benton Raw Water Intake Pump Station
' Owner: City of Benton, Arkansas
Engineer: Affiliated Engineers
' 2) Wastewater Outfall and Pumping Station
Owner: Little Rock District Corps of Engineers
Engineer: Little Rock District Corps of Engineers
' 3) Bella Vista Pump Station
Owner: Bella Vista Property Owners Association
Engineer: Crafton, Tull and Associates
4) North Garland County Water Treatment Plant
' Owner: North Garland County Water Association
Engineer: Malone and Associates
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' 1 •,>ti '. STATEMENT OF BIDDERS QUALIFICATION
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11. List the Major Equ.pment Available for this Contract
D6D DOZER
' CAT PRH DOZER
CAT D3C DOZER
CAT D4H DOZER (2)
CAT D9 DOZER
' LS -98A CRANE
LINKBELT LSLLB CRANE
' LS418 CRANE
LINKBELT 108-B CRANE
BUYCRUS 30B EXCAVATOR
GROVE BT522 CRANE
I. LINKBELT MOTOR CRANE -LS78
LINKBELT LS118 CRANE
BUCYRUS-ERIE 60T CRANE
' JOHN DEERE 310 BACKHOE
JOHN DEERE 310B BACKHOE
FORD 555A LOADER
CAT 416 BACKHOE (2)
CHAMPION MC)TOR PATROL
CAT 140G MOTORGRADER
( EUCLID ROLLER
RAYCO COMPACTOR
'
HUBER ROLLER
SULLAIR 185 AIR COMPRESSOR (4)
JOY AIR COMPRESSOR
LINCOLN DIESEL WELDER
CAT 613 (2)
LIGHT PLANT
GENERATORS
'LINKBELT HYD. EXC-LS5400
CAT 235 EXCAVATOR
PILE HAMMER (3)
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' Feb -09-98 03:40P Mobley Contractors 501 271 0814 P.01
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Dated at I. OO,4rt this � 19_?t
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Name of Organization: _ DM0c.
I3y:
Title: i�.�� e_• -
State of
County of
being duly sworn deposes and says that he (.she) is the
c r , Contractor(s), and that
answers to the foregoing questions and 1 statements therein contained are true and
correct.
Subscribed and sworn before me this/ L!dory of 19yd'
Not ry Public
My commission expires i- zce
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BID PROPOSAL, BID 98-4
(A Unit Price/Lump Sum Contract)
Place
Date Z- 1O-48
Proposal of M4Ucq Oohl roacbrs Lc hereinafter called Bidder, a CI)
organized and existing under the laws of the State of , a Partnership
or an Individual' doing business as
TO THE CITY OF FAYETTEVILLE, ARKANSAS:
•r The Bidder, in compliance with your Invitation to Bid for reconstruction of a portion of
Arlington Terrace in Fayetteville, having examined the Plans and Specifications with
related documents and the site of the proposed work, and being familiar with all of the
• conditions surrounding the construction of the proposed project including the availability
• of materials and labor, hereby proposes to construct the project in accordance with the
Contract Documents within the time set forth therein, and at the Unit Prices stated in this
Proposal. The Unit Prices given shall cover all expenses incurred in performing the work
required under the Contract Documents, of which this Proposal is a part.
Bidder agrees to commence work under this Contract in accordance with a written Work
Order of the City Engineer and to complete the work within the time given in Section 100,
General Project Requirements of the Detailed Specifications.
Bidder further agrees to pay as liquidated damages (not as a penalty), the sum of $
750.00 per day in the event the project is not substantially completed within the time
specified.
Bidder acknowledges the receipt of the following Addenda:
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BID PROPOSAL, BID 98-4 (Cont'd)
' Bid Quantity and Unit Price Schedule
ITEM DESCRIPTION UNIT PRICE EXTENSION
NO. OF WORK ITEM (Figures and Words)
' 1. 1750 Linear Feet* ($ 9 • b ) ,r.�r•�e ° °/ u o $_Ito q O 5. 00
' Curb and Gutter
2. 2,150 Sq. Yds* ($ 33.40) +h, r4 1 -+ntee y°/ioa '7i, giO. 00
' Concrete Paving
4. 2000 Truck Yds, ($ I9.2'1) n u..laa, . 27 38, 5'I0 • aRed Clay
Gravel (Hillside)
5. 88 Sq. Yds, ($ 5ti.9`1) F! -4..r 4%=• 'f831.3to Exposed
'• Aggregate**
Drive Replacement
' 6. 80 Sq. Yds. ($5't57 ) c.vw s��e� '-1(o05•U0
Concrete Drive/SW
Replacement.
7. LUMP SUM, ($18,'738.4x)etzk4<u.+ho4ond SQrryhwndud +hirt•(c50 %..— I SJ'13 .'40
' Restoration of Land-
scaped Areas, Final
Clean-up, Etc.
8. Lump Sum ($3d,33�. )+1uc4 ; awn 4w,.sand +htk. hnndr<d 4tw 4-j -two 3A, 33d • o O
Disposal of
Waste Concrete, etc.
9. Lump Sum ($1716. $ d ) cweu 4hd serer he,nd'a( /o.vh 8% , ---_ i ___ _o
' Mobilization/
Demobilization
' TOTAL BID PRICE ............... $ 19516Oc1•
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AMOUNTS ARE TO BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCY, THE
AMOUNT SHOWN IN WORDS SHALL GOVERN.
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BID PROPOSAL, BID 98-4 (Cont'd)
' NOTE: The cost of all work described in the specifications and shown on the plans or otherwise
indicated shall be included in the Lump Sum and Unit Prices shown above and no work will be
paid for separately.
* In the event the curb and gutter and the street are poured integrally, it shall be assumed for payment
'purposes that the curb and gutter is 2 feet wide measured from the back of the curb and that the
concrete pavement is 22 feet wide.
I* * The stone and mortar drive will be measured and paid for as exposed aggregate.
'Bidder shall prepare a financial statement and equipment schedule as described in Paragraph I of
the Instructions for Bidders. Such statement shall be submitted with this Proposal. B i d d e r
understands that the Owner reserves the right to reject any or all bids and to waive formalities in the
' bidding.
Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days
' from the date set for receiving Bids.
Upon receipt of notice of acceptance of this Bid, Bidder will immediately execute the formal Contract
attached within and deliver to the City a Surety Bond or Bonds as required in the Specifications along
with Certificates of Insurance.
The Bid Security attached in the sum of Five (5) percent of the Total Bid is to become the property of
the Owner in the event the Contractor is unable to enter into a Contract within 10 days from the time
of Bid Award notification.
Submitted by:("T I 1 it &
SEAL ('6�b i.J ( ciarr L
(if corporation)
'P
If awarded the work, the following subcontractors will be used'J
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Sri n
ram tt' •:'
r'r`nM1Y x
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CONTRACT'
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THIS CONTRACT executed this/mil day of 1998 by and between The City of
Fayetteville and mob Gonfracfors zna the Contractor:
WITNESSET'H:
For and in consideration of the payments to be made as hereinafter set forth, the
Contractor agrees to furnish all tools, labor, equipment, materials, and supplies required
to construct the improvements described as
Arlington Terrace Reconstruction
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for the City of Fayetteville, Arkansas, in exact accordance with the City's Plans and
Specifications for said improvements and the Contractor's Proposal on file at the Office
of the City Engineer, which Documents are incorporated by reference hereto, subject to
the inspection of and to the complete satisfaction of the City.
1. The City agrees to pay and the Contractor agrees to accept as full and final
compensation for all work done under this agreement, the Unit Prices and Lump Sum
Prices named in the Contractor's Proposal, such payment to be made in lawful money of
the United States, at the time and in the manner set forth in the Specifications.
2. The Contractor agrees, for the consideration above expressed, to begin and complete
the work within the time specified in the Proposal. Time is expressly made of the essence
of this Contract. If the Contractor fails to complete the work in the time specified he shall
pay to the City, as liquidated damages, ascertained and agreed, and not in the nature
of a penalty, the damages specified in the Proposal for each day delayed, which shall be
deducted from the final amount to be paid under the Contract. Extensions of time may
be granted with waiver of liquidated damages as provided for in the Specifications.
3. The Contractor agrees to furnish a Bond, with Surety approved by the City and
authorized to do business in the State of Arkansas, guaranteeing the performance of this
Contract, for not less than one hundred (100) percent of the amount of this Contract. Said
Bond shall be conditioned on full and complete performance of this Contract and
acceptance by the City of Fayetteville for the payment of all labor and materials entering
into or incident to the proposed improvements and shall guarantee the work against
faulty workmanship or materials for a period of one (1) year after completion.
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4. The Contractor agrees also to carry Public Liability Insurance, Property Damage,.,
Insurance, and Workman's Compensation Insurance in amounts as required-by'tlieser',
Specifications and by State Law. /x `ate y: r
/99B
' WITNESS OUR HANDS THIS/_ DAY OF /rwruf , -1988
Attest: CITY OF FAY) TI EVII LE. ! 5
Fayetteville City Cler
'l i��yyLu/
By
Fred1hanncz, Mayor
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(Seal)
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WITNES
Corporate Seal (if any)
• ' 4 S.
u�:.
•a - •n • -
M06Jcl OL&4r^Cln T, c
P o.$4'/Sc)
Ma r rl /f o.i i d,' V -//o
Business Address' "
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FORM OF ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we
a(n)
herein called "Principal" and of hereinafter
called the "Surety," are held and firmly bound unto the City of
Fayetteville, Arkansas, hereinafter called "Owner" in the sum of
H
dollars ($ ),
in lawful money of the United Stated, for the payment of which sum well and truly made,
said principals and Surety bind themselves, their heirs, administrators, executors,
' successors and assigns, jointly and severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
' a certain contract with the Owner for the construction of
NOW, THEREFORE if the Principal will well, truly and faithfully perform its duties, all the
' undertakings, covenants, terms, conditions, and agreements of said contract during the
original term thereof, and any extensions thereof which may be granted by the Owner,
with or without notice to the Surety, and if he shall satisfy all claims and demands
' incurred under such contract, and shall fully indemnify and save harmless the Owner
from all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner may incur in
' making good any default, and shall promptly make payment to all persons, firms,
subcontractors and corporations furnishing material for or performing labor in the
' prosecution of the work provided for in such Contract and any extension or modification
thereof, all amounts due for, but not limited to materials, lubricants, oil, gasoline, repair
on machinery, equipment and tools consumed or used in connection with the work, fuel
' oil, insurance, rentals on machinery; also for taxes or payments due to the State of
Arkansas or any political subdivision thereof which shall have arisen on account of, or
in connection with, the wages earned by workmen covered by the bond; and for all labor
' performed in such work whether by subcontractor or otherwise, then this obligation shall
be void, otherwise to remain in full force and effect.
The Surety agrees that the terms of this bond shall cover the payment by the principal of
not less than the prevailing hourly rate of wages as determined by the Arkansas
Department of Labor or U.S. Secretary of Labor, whichever is greater, to all workmen
performing work under the contract.
' PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms of the
contract or to the work to be performed thereunder of the specifications accompanying
' the same, shall in any wise affect it's obligations on this bond, and it does hereby waive
notice of any such change, extension of time, or alteration or addition to the terms of the
contract as to the work or to the specifications.
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ATTEST:
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PROVIDED FURTHER, that no final settlement between the Owner and the contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each of which
shall be deemed an original, this _ day of 19_.
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(PRINCIPAL)
SECRETARY (PRINCIPAL)
(SEAL)
WITNESS AS TO PRINCIPAL
(ADDRESS)
' ATTEST:
(SURETY)
SECRETARY (SURETY) (ATTORNEY IN FACT)
WITNESS AS TO
ATTORNEY IN FACT
(ADDRESS)
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Date of Bond must not be prior to Contract Date and must include:
1. Correct name of Contractor
2. Whether Corporation, Partnership, or Individual
3. Correct name of Surety and correct name of Owner
5. Execution of bond by all Partners, if Partnership
6. Execution by Arkansas Local Resident Agency for Surety
BOND MUST BE FILED WITH THE CIRCUIT COURT OF WASHINGTON COUNTY
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STANDARD GENERAL CONDITIONS OF THE CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and modified by the
CITY OF FAYETTEVII.LE, ARKANSAS
These GENERAL CONDITIONS are, by definition, general in nature and are not intended
to address this project in detail or be specific about any particular aspect of this project.
The conditions contained herein are valid as far as they are applicable to this job and
to the extent they are not superceded by other parts of these Specifications.
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GENERAL CONDITONS - TABLE OF CONTENTS.
Article and Title Page No.
1.
Definitions
GC -1
2.
Preliminary Matters
GC -4
3.
Contract Documents: Intent, Amending,
GC -5
4.
Availability of Lands, Subsurface and
Physical Conditions; Reference Points
GC -6
5.
Bonds and Insurance
GC -9
6.
Contractors' Responsibility
GC -13
7.
Other Work
GC -21
8.
Owners' Responsibility
GC -21
9.
Engineers' Status During Construction
GC -22
10.
Changes in the Work
GC -25
11.
Change of Contract Price
GC -25
12.
Change in Contract Times
GC -29
13.
Tests and Inspections
GC -29
14.
Payments to Contractor and Completion
GC -32
15.
Suspension of Work and Termination
GC -36
16.
Dispute Resolution
GC -37
Dispute Resolution Agreement
GC -39
17.
Miscellaneous 37
GC -37
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GENERAL CONDITIONS
ARTICLE 1, DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following
terms have the meanings indicated. The definitions apply to both the singular and plural
case.
I 1.1. Addenda - Written or graphic instructions issued prior to the opening of Bids which
clarify, correct or change the Bidding Requirements or the Contract Documents.
1.2. Agreement - The written contract between OWNER and CONTRACTOR covering the Work to
' be performed; other Contract Documents are attached to the Agreement and made a part thereof
as provided therein.
1.3. Application for Payment - The formal document accepted by ENGINEER which is to be
used by CONTRACTOR in requesting progress or final payments and which is to be accompanied
by such supporting documentation as is required by the Contract Documents,
1.4. Asbestos - Any material that contains more than one (1) percent asbestos and is
friable or is releasing asbestos fibers into the air above current action levels established
by the United States Occupational Safety and Health Administration.
1.5. Bid - The offer or proposal of the bidder setting forth the prices for the Work to
be performed.
I 1.6. Bidding Documents - The Advertisement or Invitation to Bid, Instructions to Bidders,
the Bid form, and other documents and forms contained in the proposed Contract Documents
(including all Addenda issued prior to receipt of Bids).
1.7. Bidding Requirements - The advertisement or invitation to Bid, Instructions to
Bidders, and the Bid form.
1.8. Bonds - Performance and Payment bonds and other instruments of security.
1.9. Change Order - A document recommended by ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the
Contract Price or the Contract Times, issued on or after the Effective Date of the
' Agreement. 1.10. Contract Documents - The Agreement, Addenda (which pertain to the Contract
Documents) , CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid
' documentation submitted prior to the Notice of Award) when attached as an exhibit to the
Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the same are more specifically identified
in the Agreement, together with all written Amendments, Change Orders, Work Change
Directives, Field Orders and ENGINEER's written interpretations and clarifications issued
I pursuant to paragraphs 3.5, 3.6.1. and 3.6.3 on or after the Effective Date of the
Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2. 1 .1 and 4.2.2.2 are not Contract
Documents.
I 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 given in the Agreement to achieve
Substantial Completion, and (or) to complete the Work so that it is ready for final payment
as evidenced by ENGINEER's written recommendation of final payment in accordance with
paragraph 14.13.
1.13. CONTRACTOR - The person, firm or corporation with whom OWNER has contracted to do
the Work.
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' 1.14. Defective - An adjective which when modifying the word, Work refers to Work that is
unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents.
Nor does it meet the requirements of any inspection, reference standard, test or approval
1 referred to in the Contract Documents. It also includes Work that has been damaged prior
to ENGINEER's recommendation of final payment unless responsibility for the protection
thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph
14.8 or 14. 10.
1.15. Drawings - The drawings which show the scope, extent and character of the Work to
be furnished and performed by CONTRACTOR and which have been prepared or approved by
ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as
so defined.
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 1.17. ENGINEER - The person, firm or corporation employed by the City act as such.
1.18. ENGINEER's Consultant - A person, firm or corporation having a contract with ENGINEER
to furnish services as ENGINEER's independent professional associate or consultant with
' respect to the Project.
1.19. Field Order - A written order issued by ENGINEER which orders minor 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.
1.20. General Requirements - Section 1 of Division of the Specifications.
' 1.21. Hazardous Waste - The term Hazardous Waste will have the meaning as given in Section
1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
1.22. Laws and Regulations - Any applicable laws, rules, regulations, ordinances, codes
and orders of any governmental body or agency, including all courts having jurisdiction.
' 1.23. Liens - Liens, charges, security interests or encumbrances upon real property or
personal property.
1 1.24. Milestone - A principal event specified in the Contract Documents relating to an
intermediate completion date or time prior to Substantial Completion of all the Work.
1.25. Notice of Award - The written notice by OWNER to the apparent successful bidder
1 stating that upon compliance by the apparent successful bidder with the conditions
enumerated therein, within the time specified, OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to
ENGINEER) fixing the date on which the Contract Times will commence to run.
' 1.27. OWNER - The public body or authority, corporation, association, firm or person with
whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.
1.28. Partial Utilization - Use by OWNER of a substantially completed part of the Work for
the purpose for which it is intended (or a related purpose) prior to Substantial Completion
of all the Work.
' 1.29. PBS - Polychlorinated biphenyl.
1.30. Petroleum - including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non -Hazardous Wastes and crude oils.
1.31. Project - The total construction of which the Work to be provided under the Contract
Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.
GC- 2
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' 1.32. Radioactive Material - Special nuclear, or nuclear byproduct material as defined by
the Atomic Energy Act of 1954 (42 USC Section 2.011 et seq.) as amended from time to time.
1.33. Resident Project Representative - The person authorized by the ENGINEER to be their
representative on the Work site.
1.34. Samples - Physical examples of materials, equipment, or workmanship representative
of some portion of the Work and which establishes the standards by which such portion of
the Work will be judged.
1.35. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which
are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to
' illustrate some portion of the Work.
1.36. Specifications - Those portions of the Contract Documents consisting of written
technical descriptions of materials, equipment, construction systems, standards and
workmanship as applied to the Work, and certain administrative details applicable thereto.
1.37. Subcontractor - An individual, firm or corporation having a direct contract with
CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the
site.
1.38. Substantial Completion - Completion of the Work (or a portion thereof) to the point
where, in the opinion of ENGINEER, it is sufficient to be utilized for the purpose for which
it was intended. The terms "substantially complete" and "substantially completed" as applied
Ito all or part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions - The part of the Contract Documents which amends or
supplements these General Conditions.
' 1.40. Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor
having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or
equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor.
' 1.41. Underground Facilities - All pipe lines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels or other such facilities or attachments, and any encasements
containing such facilities which have been installed underground.
1.42. Unit Price Work - Work to be paid for on the basis of unit prices.
1.43. Work - The entire completed construction or the various separately identifiable parts
thereof required to be furnished under the Contract Documents. Work includes and is the
result of performing or furnishing labor and furnishing and incorporating materials and
' equipment into the construction, and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive - A written directive to CONTRACTOR, issued on or after the
Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering
an addition, deletion or revision in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be performed as provided in paragraph 4.2
or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the
Contract Price or the Contract Times, but is evidence that the parties expect that the
change directed or documented by a Work Change Directive will be incorporated in a
subsequently issued Change Order following negotiations by the parties as to its effect,
if any, on the Contract Price or Contract Times as provided in paragraph 10.2.
1.45. Written Amendment - A written amendment of the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with
the non -engineering or non -technical rather than strictly construction -related aspects of
the Contract Documents.
GC- 3
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Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR will also
deliver such Bonds as CONTRACTOR may be required to furnish in accordance with Paragraph
5.1.
' Copies of Documents:
2.2. OWNER will furnish CONTRACTOR up to three copies (unless otherwise specified in the
Supplementary Conditions) of the Contract Documents as are reasonably necessary for the
' execution of the Work. Additional copies will be furnished, upon request, at the cost of
reproduction.
CONTRACTOR will execute and return three bound copies of the Contract Documents to OWNER
for the purpose of execution by OWNER. The executed Bond or Bonds required by the Contract
Documents must be submitted at the same time. The Contract and Bonds as submitted by
CONTRACTOR will be undated, and the documents will be dated the date on which the OWNER
executes the Contract. The OWNER will furnish the CONTRACTOR one original of the executed
Contract Documents.
' OWNER will furnish to CONTRACTOR up to three (3) copies of the Contract Documents.
Additional copies will be made available at a reasonable reproduction charge.
' Commencement of Contract Times and Notice to Proceed:
2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date
of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice
to Proceed. A Notice to Proceed may be given at any time within thirty days after the
Effective Date of the Agreement.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work on the date given in the Notice to
Proceed. No work will be done at the site prior to that date.
Before Starting Construction:
' 2.5. Before undertaking each part of the Work, CONTRACTOR will carefully study and compare
the Contract Documents and check and verify pertinent figures shown thereon and all
applicable field measurements. CONTRACTOR will promptly report in writing to ENGINEER any
conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and will obtain a
written interpretation or clarification from ENGINEER before proceeding with any Work
affected thereby; however, CONTRACTOR will not be liable to OWNER or ENGINEER for failure
to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless
CONTRACTOR knew or reasonably should have known thereof.
' 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified
in the General Requirements), CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the times (numbers of days or
dates) for starting and completing the various stages of the Work, including any Milestones
specified in the Contract Documents;
' 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list
each required submittal and the times for submitting, reviewing and processing such submit-
tal;
2.7. Before any Work at the site is started, CONTRACTOR shall deliver to the OWNER, with
copies to each additional insured identified in the Supplementary Conditions, certificates
of insurance (and other evidence of insurance which the OWNER may reasonably request) which
CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, 5.6 and
5.7.
' GC- 4
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Pxeconstruction Conference:
2.8. Before a Notice to Proceed is issued, or within five days after the effective date
of the Notice to Proceed, a conference attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working understanding among the parties as to the
Work and to discuss the schedules referred to in Paragraph 2.6, procedures for handling Show
Drawings and other submittals, Applications for Payment and other items.
' Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Documents, at least ten (10) before
submission of the first Application fox Payment, CONTRACTOR shall submit schedules as
provided by Paragraph 2.6 of these General Conditions. No progress payment will be made to
CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING REUSE:
3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary; what is called for by one
is as binding as if called for by all. The Contract Documents will be construed in
accordance with the laws of the place of the Project.
' 3.2. It is the intent of the Contract Documents to describe a functionally complete
Project (or part thereof) to be constructed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred from the Contract Documents
' or from prevailing custom or code usage as required to produce the intended result will be
furnished and performed whether or not specifically called for. When words or phrases which
have a well known technical or construction industry or trade meaning is used to describe
Work, materials or equipment, such words or phrases will be interpreted in accordance with
' that meaning. Clarifications and interpretations of the Contract Documents will be issued
by ENGINEER as provided in Paragraph 9.4
3.3 Reference to Standards and Specifications of Technical Societies, Reporting and
Resolving Discrepancies:
' 3.3.1 References to standards, specifications, manuals, or codes of any technical
society, organization or association, or to the Laws or Regulations of any governmental
authority, whether such references are specific or by implication, will mean the latest
standard, specification, manual, code or Laws or Regulations in effect at the time of
opening of Bids except as may be otherwise specifically stated in the Contract Documents.
3.3.2 If, during the performance of the Work, CONTRACTOR discovers any conflict,
error, ambiguity or discrepancy within the Contract Documents or between the Contract
Documents and any provision of any such Law or Regulation applicable to the performance of
the Work or any such standard, specification, manual or code or of any instruction of any
Supplier referred to in Paragraph 6.5, CONTRACTOR will report it to ENGINEER in writing at
once, and, CONTRACTOR will not proceed with the Work of the Work affected thereby (except
in an emergency as authorized by Paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6.
• CONTRACTOR will not be liable to OWNER or ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known
thereof.
3.3.3 The Contract Documents shall take precedence in resolving any conflict, error,
ambiguity or discrepancy between the provisions of the Contract Documents and the provisions
of any standard, specification, manual, or code that may be referenced in the Contract
Documents. This paragraph also applies to any Law or Regulation except where such
application would result in violation of such Law or Regulation.
3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as
required," "as allowed," "as approved" or terms of like effect are used, or the adjectives
"reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like
effect are used to describe a requirement, direction, review or judgement of ENGINEER as
to the work, it is intended that such actions will be solely to evaluate, in general, the
completed Work for compliance with the requirements of the Contract Documents and
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conformance with the design concept of the completed Project as a functioning whole as shown
or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise). The use of any such term or adjective will not be effective to assign to 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 provisions of paragraph
9.13 or any other provision of the Contract Documents.
Amending and Supplementing the Contract Documents:
3.5. The Contract Documents may be amended to provide for additions, deletions and
revisions in the Work or to modify the terms and conditions thereof in one or more of the
following ways:
3.5.1. a formal Written Agreement,
3.5.2. a Change Order
3.5.3. a Work Change Directive
3.6. In addition, the requirements of the Contract Documents may be supplemented by
authorization of minor variations and deviations in the Work in the following ways:
3.6.1. a Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEERS' approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26
and 6.27), or
3.6.3. ENGINEER's written interpretation or clarification.
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with OWNER,
will not have or acquire any title to or ownership fights in any of the Drawings.
Specifications or other documents (or copies of any thereof) prepared by or bearing the seal
of ENGINEER or ENGINEER's Consultant, and shall not reuse any of such Drawings,
Specifications, other documents or copies on extensions of the Project or any other project
without written consent of OWNER and ENGINEER and specific written verification or adaption
by ENGINEER.
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER will furnish, as indicated in the Contract Documents, the lands upon which the
Work is to be performed, rights -of -way and easements for access thereto, and such other
lands which are designated for the use of CONTRACTOR. Upon reasonable written request,
OWNER will furnish CONTRACTOR with a correct statement of record legal title and legal
description of the lands upon which the Work is to be performed and OWNER's interest
therein. OWNER will identify any encumbrances or restrictions not of general application
but specifically related to use of lands so furnished with which CONTRACTOR will have to
comply in performing the Work. Easements for permanent structures or permanent changes in
existing facilities will be obtained and paid for by OWNER, unless otherwise provided in
the Contract Documents.
4.2. Subsurface and Physical
4.2.1. Reports and Drawings:
subsurface or physical condil
Specifications.
4.2.1.1. This Paragraph
4.2.1.2. This Paragraph
Conditions:
Reference is made to the reports and drawings identifying any
ion utilized by ENGINEER in his development of the Plans and
is deleted.
is deleted.
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' 4.2.2. Limited Reliance by CONTRACTOR of Authorized Technical Data: CONTRACTOR may
rely upon the general accuracy of the "technical data" contained in such reports and
drawings, however, such reports and drawings are not a part of these Contract Documents.
CONTRACTOR may not make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants
with respect to:
4.2.2.1. the completeness o₹ such reports and drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the means, methods, techniques, sequences and
procedures of construction to be employed by CONTRACTOR and safety precautions and programs
incident thereto, or
4.2.2.2. other data, interpretations, opinions and information contained in such
I. reports or shown or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical
data" or any such data, interpretations, opinions or information.
' 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR
believes that any subsurface or physical condition at or contiguous to the site that is
uncovered or revealed either:
' 4.2.3.1. is of such a nature as to establish that any "technical data" on which
CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
' 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or
4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily
'
encountered and generally recognized as inherent in work o₹ 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. CONTRACTOR shall not further disturb such conditions or perform any Work in
connection therewith (except as aforesaid) until receipt of written order to do so.
' 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions,
determine the necessity of OWNER's obtaining additional exploration or tests with respect
thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and
' conclusions.
4.2.5 Possible Contract Documents Change: If ENGINEER concludes that a change in the
Contract Documents is required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as
' provided in Article 10 to reflect and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract
Price or in the Contract Times, or both, will be allowed to the extent that the existence
' o₹ such uncovered or revealed condition causes an increase or decrease in CONTRACTOR'S of,
or time required for performance of, the Work; subject, however, to the following:
4.2.6.1. such condition must meet any one of the categories described in Paragraphs
' 4.2.3,1 through 4.2.3.4, inclusive;
4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition precedent to entitlement to any such adjustment;
' 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment
in Contract Price will be subject to the provisions of paragraphs 9, 10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or
Times if:
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4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time
CONTRACTOR made a final corznitment to OWNER in respect of Contract Price and Contract Times
by the submission of a bid or becoming bound under a negotiated contract; or
' 4.2.6.4.2. the existence of such condition could reasonably have been discovered
or revealed as a result of any examination, investigation, exploration, test or study of
the site and contiguous areas required by the Bidding Requirements or Contract Documents
to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment,
' or
4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as
required by paragraph 4.2.3.
' If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length
of any such equitable adjustment in the Contract Price or Contract Times, a claim may be
made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's
Consultants will not be liable to CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any other project or anticipated project.
4.3. Physical Conditions - Underground Facilities:
' 4.3.1. Shown or Indicated: The information and data shown or indicated in the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER or ENGINEER by the owners of such
Underground Facilities or by others. Unless it is otherwise expressly provided in the
' Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER will not be responsible for the accuracy or completeness
of any such information or data, and
' 4.3.1.2. The cost of all of the following will be included in the Contract Price and
CONTRACTOR shall have full responsibility for. (i) reviewing and checking all such
information and data, (ii) locating all Underground Facilities shown or indicated in the
Contract Documents, (iii) coordination of the Work with the owners of such Underground
' Facilities during construction, and (iv) the safety and protection of all such Underground
Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from
the Work.
4.3.2. Not Shown or indicated: if an Underground Facility is uncovered or revealed
at or contiguous to the site which was not shown or indicated in the Contract Documents,
CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner of such Underground Facility
and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly
review the Underground Facility and determine the extent, if any, to which a change is
required in the Contract Documents to reflect and document the consequences of the existence
of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents
' is required, a Work Change Directive or a Change Order will be issued as provided in Article
10 to reflect and document such consequences. During such time, CONTRACTOR shall be
responsible for the safety and protection of such Underground Facility as provided in
paragraph 6.20. CONTRACTOR will be allowed an increase in the Contract Price or an extension
' of the Contract Times, or both, to the extent that they are attributable to the existence
of any Underground Facility that was not shown or indicated in the Contract Documents and
that CONTRACTOR did not know of and could not reasonably have been expected to be aware of
or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or
' the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR
may make a claim therefor as provided in Articles 11 and 12, However, OWNER, ENGINEER and
ENGINEER's Consultants will not be liable to CONTRACTOR for any claims, costs, losses or
damages incurred or sustained by CONTRACTOR on or in connection with any other project or
anticipated project. Nothing in this paragraph shall be construed to relieve CONTRACTOR of
his obligation to locate
all Underground Facilities
prior
to
commencement
of
the
Work,
whether such Underground
Facilities are shown on the
Plans
or
not.
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Reference Points:
4.4. OWNER will provide engineering surveys to establish reference points for construction
which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR will be responsible for laying out the Work, shall protect and preserve the
established reference points and shall make no changes or relocations without the prior
written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate replacement or relocation of such
reference points by professionally qualified personnel.
4.5. Asbestos, PBS, Petroleum, Hazardous Waste or Radioactive Material:
4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste
or Radioactive Material uncovered or revealed at the site which was not shown or indicated
in Drawings or Specifications or identified in the Contract Documents to be within the scope
of the Work and which may present a substantial danger to persons or property exposed
thereto in connection with the Work at the site. OWNER will not be responsible for any such
materials brought to the site by CONTRACTOR, Subcontractor, Suppliers or anyone else for
whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such
hazardous condition and in any area affected thereby (except in an emergency as required
by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice
in writing). OWNERS will promptly consult with ENGINEER concerning the necessity for OWNER
to retain a qualified expert to evaluate such hazardous condition or take corrective action,
if any. CONTRACTORS will not be required to resume Work in connection with such hazardous
condition or in any such affected area until after OWNER has obtained any required permits
related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such
condition and any affected area is or has been rendered safe for the resumption of Work,
or (ii) specifying any special conditions under which such Work may be resumed safely. If
OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an
adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage
or such special conditions under which Work is agreed by CONTRACTOR to be resumed, either
party may make a claim therefor as provided in Articles 11 and 12,
4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to
resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such
Work under such special conditions, then OWNER may order such portion of the Work that is
in connection with such hazardous condition or in such affected area to be deleted from the
Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of
an adjustment, if any, in Contract Price or Contract Times as a result of deleting such
portion of the Work, then either party may make a claim therefor as provided in Articles
11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces
or others in accordance with Article 7.
' ARTICLE 5 - BONDS AND INSURANCE
Performance, Payment and Other Bonds:
' 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least
equal to the Contract Price as security for the faithful performance and payment of all
CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment becomes due except as provided
otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also
' furnish other Bonds as are required by the Supplementary Conditions. All Bonds shall be
in the form prescribed by the Contract Documents except as provided otherwise by Laws or
Regulations, and shall be executed by such sureties as are named in the current list of
"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable
Reinsuring Companies"
as published in
Circular 570 (amended) by the Audit
'
Staff, Bureau
of Government Financial
Operations, U.S.
Treasury Department. All Bonds signed
by an agent must be accompanied by a
certified copy
of such agents' authority to act.
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' 5.2. If at any time a surety on any such bond is declared bankrupt or loses its right to
do business in the State of Arkansas or is removed from the above list of surety companies,
CONTRACTOR shall within ten days thereafter substitute an acceptable bond or bonds in such
form and sum and signed by other surety or sureties as may be satisfactory to the Owner.
' The premiums on such bonds will be paid by CONTRACTOR. No further payment will be deemed
due nor shall be made until the new surety or sureties shall have furnished an acceptable
bond to the Owner.
' 5.3. Licensed Sureties and Insurers: Certificates of Insurance:
5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and
maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that
' are duly licensed or authorized in the jurisdiction in which the Project is located to issue
Bonds or insurance policies for the limits and coverages so required, Such surety and
insurance companies shall also meet such additional requirements and qualifications as may
be provided in the Supplementary Conditions.
CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of
General Conditions executed by a resident local agent who is licensed by the Arkansas State
Insurance Commissioner to represent the surety company executing said bonds, and filing with
such bonds his Power of Attorney. The mere countersicninc of the bonds by a resident agent
shall not be sufficient. No employers' liability, public liability or workman's collective
insurance policy shall be written in any casualty company not authorized to do business in
the State of Arkansas. These policies shall likewise be issued by a resident local agent
licensed by the Insurance Commission of the State of Arkansas.
' 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured
identified in the Supplementary Conditions, certificates of insurance (and other evidence
of insurance requested by OWNER or any of the additional insured) which CONTRACTOR is
required to purchase and maintain in accordance with paragraph 5.4.
' 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is
appropriate for the Work being performed and furnished and will provide protection from
claims set forth below which may arise out of or result from CONTRACTOR's performance and
•' furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents,
whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier,
or by anyone directly or indirectly employed by any of them to perform or furnish any of
the work, or by anyone for whose acts any of them may be liable:
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5.4.1. claims under workers' compensation, disability benefits and other similar
employee benefit acts;
5.4.2. claims for damages because of bodily injury, occupational sickness or disease,
' or death of CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury, sickness or disease, or death of
any person other than CONTRACTOR's employees;
' 5.4.4. claims for damages insured by customary personal injury liability coverage
which arc sustained: (I) by any person as a result of an offense directly or indirectly
related to the employment of such person by CONTRACTOR, or (ii) by any other person for any
other reason;
5.4.5. claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property wherever located, including loss of use resulting
therefrom; and
' 5.4.6. claims for damages because of bodily injury or death of any person or property
damage arising out of the ownership, maintenance or use of any motor vehicle.
' The policies of insurance so required by this paragraph 5.4 to be purchased and maintained
shall:
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5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6
inclusive, include as additional insureds (subject to any customary exclusion in respect
of professional liability) OWNER, ENGINEER, ENGINEER's Consultants and any other persons
or entities identified in the Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective officers and employees of all
such additional insureds,
5.4.8. include the specific coverages and be written for not less than the limits of
liability provided in the Supplementary Conditions or required by Laws or Regulations,
whichever is greater,
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity
obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33,
5.4.11. contain a provision or endorsement that
canceled, materially changed or renewal refused until
notice has been given to OWNER and CONTRACTOR and
identified in the Supplementary Conditions to whom a
issued (and the certificates of insurance furnished by t
5.3.2 will so provide),
the coverage afforded will not be
at least thirty days prior written
to each other additional insured
certificate of insurance has been
ie CONTRACTOR pursuant to paragraph
5.4.12. remain in effect at least until final payment and at all times thereafter when
CONTRACTOR may be correcting, removing or replacing defective Work in accordance with
paragraph 13.12, and
5.4.13. with respect to completed operations insurance, and any insurance coverage
written on a claims -made basis, remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other additional insured identified in the
Supplementary Conditions to whom a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional insured of continuation of such insurance at
final payment and one year thereafter),
' 5.5.14. The limits for liability for the insurance required by Paragraph 5.4 of the
general Conditions shall provide coverage as specified in the supplementary Conditions.
5.5. In addition to the insurance required to be provided by CONTRACTOR under Paragraph
' 5.4, CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured
or by endorsement), and shall pay premiums for such insurance in an amount no less than
$2,000,000 for property damage and bodily injury limits, and with such provisions as shall
protect the OWNER and ENGINEER from contingent liability under this Contract.
17
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Property Insurance
5.6. CONTRACTOR shall purchase and maintain until final payment property insurance upon
the Work at the site to the full insurable value thereof, but not less than an amount equal
to the total bid price. This insurance will include the interest of the OWNER, CONTRACTOR,
Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom will be listed
as insured or additional insured parties), shall insure against the perils of fire and
extended coverage, shall include "all risk" builders' insurance for physical loss and damage
including theft, vandalism and malicious mischief, collapse, flood, and water damage, and
such other perils as may be provided for in the Supplementary Conditions, and shall include
damages, losses, and expenses arising out of or resulting from any insured loss or incurred
in the repair or replacement of any insured property (including but not limited to the fees
and charges of engineers, architects, attorneys, and other professionals). If not covered
by the "all risk" insurance or otherwise provided for, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the Work stored on and off the site or
in transit when such portions of the Work are to be included in an application for payment.
The policies of insurance required to be purchased and maintained by the CONTRACTOR in
accordance with this Paragraph will contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or renewal refused until at least 30
days prior written notice has been given to the OWNER by certified mail and will contain
waiver provisions in accordance with General Condition Paragraph 5.11.2.
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5.7. The CONTRACTOR is to protect the OWNER against all loss during the course of the
Contract. If, due to the nature of the Project insurance coverage other than that specified
is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR shall
be responsible for the determination of and procurement of any additional insurance needed.
5.8. Policies will also specify that insurance provided by CONTRACTOR will be considered
primary and not contributory to any other insurance available to OWNER. All policies will
provide for 30 days written notice by certified mail prior to cancellation or non -renewal.
Any such wording as "will endeavor" or "but failure to mail such notice shall impose no
obligation or liability of any kind upon Company" shall be deleted from the Certificates.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance
to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent
of any deductible amounts that are identified in the Supplementary Conditions. The risk
of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractor
or others suffering any such loss and if any of them wish property insurance coverage within
the limits of such amounts, each may purchase and maintain it at the purchaser's own
expense.
5.10. Paragraph 5.10 is deleted.
5.11. Waiver of Rights:
5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with
paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and all other persons or entities identified in the Supplementary Conditions
to be listed as insureds or additional insureds in such policies and will provide primary
coverage for all losses and damages caused by the perils covered thereby. All such policies
shall contain provisions to the effect that in the event of payment of any loss or damage
the insurers will have no rights of recovery against any of the insureds or additional
insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their
respective officers, directors, employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by such policies and any other
property insurance applicable to the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities
identified in the Supplementary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None of the above waivers shall
extend to the rights that any party making such waivers may have to the proceeds of
insurance held by OWNER as trustee or otherwise payable under any policy so issued,
5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and the officers, directors, employees and agents of any
of them, for:
5.11.2.1. loss due to business interruption, loss of use or other consequential loss
extending beyond direct physical loss or damage to OWNER's property or the Work caused by,
arising out of or resulting from fire or other peril, whether or not insured by OWNER; and
5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out
of or resulting from fire or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by OWNER during partial utilization
pursuant to paragraph 14.10, after substantial completion pursuant to Paragraph 14.8 or
after final payment pursuant to paragraph 14.13.
Receipt and Application of Insurance Proceeds
5.12. This Paragraph is deleted.
5.13. This Paragraph is deleted.
Acceptance of Bonds and Insurance, Option to Replace:
5.14. This Paragraph is deleted.
GC- 12
6.1. CONTRACTORS shall supervise, inspect and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Documents. CONTRACTORS shall be solely
responsible for the means, methods, techniques, sequences and procedures of construction,
but CONTRACTOR shall not be responsible for the negligence of others in the design or
specification of a specific means, method, technique, sequence or procedure of construction
which is shown or indicated in and expressly required by the Contract Documents. CONTRACTORS
shall be responsible for seeing that the completed Work complies accurately with the
Contract Documents.
6.2. CONTRACTORS shall keep a competent resident superintendent on the job at all times.
The resident superintendent shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's
representative at the site and shall have authority to act on behalf of CONTRACTOR. All
communications to the superintendent shall be as binding as if given to CONTRACTOR.
CONTRACTORS shall provide competent, suitably qualified personnel to Survey, lay out
construct the Work as required by the Contract Documents. CONTRACTORS shall at all
) maintain good discipline and order at the site. Except as otherwise required for the
=y or protection of persons or the Work or property at the site or adjacent thereto,
:xcept as otherwise indicated in the Contract Documents, all Work at the site shall be
)rmed during regular working hours and CONTRACTOR will not permit overtime work or the
)rmance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent
i after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel. Power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and completion of the Work.
6.5. All materials and equipment shall be of good quality and new, except as otherwise
provided in the Contract Documents. All warranties and guarantees specifically called for
by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR 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.
6.6. CONTRACTORS
Paragraph 2.9 as it
6.6.1. CONTRACTORS shall submit to ENGINEER for a
in paragraph 2.9) proposed adjustments in the progress
Contract Times (or Milestones). Such adjustments will
schedule then in effect and additionally will comply 1
Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress sche
Times (or Milestones) shall be submitted in accordance
12.1. Such adjustments may only be made by a Change Order
with Article 12.
established ii
provided below:
(to the extent indicated
that will not change the
generally to the progress
provisions of the General
that will change
i the requirements
Written Amendment
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6.6.3 An updated schedule, in the format specified in the Technical Specifications,
shall be required with each submittal for progress payment by the CONTRACTOR. Failure to
provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse
progress payment to CONTRACTOR.
6.7. Substitutes and "Or Equal" Items:
6.7.1. Whenever an item of material or equipment is specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular Supplier, the
specification or description is intended to establish the type, function and quality
required. Unless the specification or description contains or is followed by words reading
that no like, equivalent or "or equal" item or no substitution is permitted, other items
of material or
equipment or
material or equipment
of other Suppliers
may be accepted
by
ENGINEER under
the following
circumstances:
6.7.1.1. "Or Equal": If in ENGINEER's sole discretion an item of material or equipment
proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that
no change in related Work will be required, it may be considered by ENGINEER as an "or
equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance with some or all of the requirements for
acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or
equipment proposed by CONTRACTOR does not qualify as an "or equal" item under subparagraph
6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit
sufficient information on the proposed substitute item to allow ENGINEER to determine that
the item of material or equipment proposed is essentially equivalent to that named and an
acceptable substitute therefor. Such information will include, but will not be limited to
the manufacturer's material and performance data on the item, how the use of the substitute
item will affect the design of the project, how the item will affect the project schedule
and cost of the project, and potential maintenance costs of the item. The decision as to
accept or deny the use of a proposed substitute item shall lie solely with ENGINEER and/or
OWNER. CONTRACTOR will have no cause of action against the ENGINEER or OWNER as a result
of any decision on substitute items.
6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any
proposed "or equal" or substitute item will be at CONTRACTOR's expense.
6.7.2. Substitute Construction Methods or Procedures: If a specific means, method,
technique, sequence or procedure of
Construction is shown or indicated in and expressly required by the Contract Documents,
CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or
Procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient
information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be similar to that provided in subparagraph
6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEERS will be allowed a reasonable time within
which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or equal" or substitute will be
ordered, installed or utilized without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or, other
surety with respect to any "or equal" or substitute. ENGINEER will record time required
by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct contract with OWNER for work on the
Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed
or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER
and ENGINEER's Consultants for evaluating each such proposed substitute item.
11
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' Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or
organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph
6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have a
reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor,
Supplier or other person or organization to furnish or perform any of the Work against whom
CONTRACTOR has a reasonable objection.
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6.8.2. If the Supplementary Conditions require the identity of certain
Subcontractors, Suppliers or other persons or organizations (including those who are to
furnish the principal items of materials or equipment) to be submitted to OWNER in advance
of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the
Supplementary Conditions, OWNER's or ENGINEER's acceptance (either in writing or by failing
to make a written objection thereto by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or
other person or organization so identified may be revoked on the basis of a reasonable
objection after due investigation, in which case CONTRACTOR shall submit an acceptable
substitute, the Contract Price will be adjusted by the difference in the cost occasioned
by such substitution and an appropriate Change Order will be issued or Written Amendment
signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other
person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject
defective Work.
6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and
omissions of the Subcontractors, Suppliers and other persons and organizations performing
or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as
CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract
Documents shall create for the benefit of any such Subcontractor, Supplier or other person
or organization any contractual relationship between OWNER or ENGINEER and any such
Subcontractor, Supplier or other person or organization, nor shall it create any obligation
on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such
Subcontractor, Supplier or other person or organization except as may otherwise be required
by Laws and Regulations.
6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the
Work of Subcontractors, Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR
shall require all Subcontractors, Suppliers and such other persons and organizations
performing or furnishing any of the Work to communicate with the ENGINEER through
CONTRACTOR.
I
6.10. The divisions and sections of the Specifications and the identifications of any
Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers
or delineating the Work to be performed by any specific trade.
' 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant
to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which
specifically binds the Subcontractor or Supplier to the applicable terms and conditions of
the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement
' is with a Subcontractor or Supplier who is listed as an additional insured on the property
insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier
waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other
additional insureds for all losses and damages caused by, arising out of or resulting from
' any of the perils covered by such policies and any other property insurance applicable to
the Work, If the insurers on any such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, CONTRACTOR will obtain the same.
1 Patent Fees and Royalties
6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident
to the use in the performance of the Work or the incorporation in the Work of any
' invention, design, process, product or device which is the subject of patent rights or
' GC- 15
Li
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copyrights held by others. If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the performance of the Work and if to the
actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others, the existence of such
rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent
permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER,
ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other
consultants of each and any of them from and against all claims, costs, losses and damages
arising out of or resulting from any infringement of patent rights or copyrights incident
to the use in the performance of the Work or resulting from the incorporation in the Work
of any invention, design, process, product or device not specified in the Contract
Documents.
Permits:
6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain
land pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when
necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of the Work, which are applicable
at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the
Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work,
•' and OWNER shall pay all charges of such utility owners for capital costs related thereto
such as plant investment fees.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations
applicable 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 CONTRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is
contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages
caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's
' primary responsibility to make certain that the Specifications and Drawings are in
accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's
obligations under paragraph 3.3.2.
' Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to
be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the
Project which are applicable during the performance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and
equipment and the operations of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas permitted by Laws and
Regulations, rights of way, permits and easements, and shall not unreasonably encumber the
premises with construction equipment or other materials or equipment, CONTRACTOR shall
assume full responsibility for any damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting from the performance of the
Work. Should any claim be made by any such owner or occupant because of the performance
of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or
otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.
CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly
employed by any of them from and against all claims, costs, losses and damages arising out
of or resulting from any claim or action, legal or equitable, brought by any such owner or
occupant
against OWNER,
ENGINEER or
any other party indemnified hereunder to the extent
caused by
or based upon
CONTRACTOR's
performance of the Work.
I GC- 16
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' 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris resulting from the Work. At the
completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances, construction equipment and
machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for
occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration by the Contract Documents.
' 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
' Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all
Drawings, Specifications. Addenda, Written Amendments, Change Orders, Work Change
' Directives, Field Orders and written interpretations and clarifications (issued pursuant
to Paragraph 9.4) in good order and annotated to show all changes made during construction.
These record documents together with all approved Samples and a counterpart of all approved
Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work,
these record documents, Samples and shop drawings will be delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all
' safety precautions and programs in connection with the Work, CONTRACTOR shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be affected by the Work;
6.20.2. all the Work and materials and equipment to be incorporated therein, whether
in storage on or off the site; and
6.20.3. other properly at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not
designated fox removal, relocation or replacement in the course of construction. CONTRACTOR
shall comply with all applicable Laws and Regulations of any public body having jurisdiction
' for safety of persons or property or to protect them from damage, injury or loss; and shall
build and maintain all necessary safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground Facilities and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
' protection, removal, relocation and replacement of their property, All damage, injury or
loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any of them to perform or furnish
any of the Work or anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed
by any of them or anyone for whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or
' any Subcontractor, Supplier or other person or organization directly or indirectly employed
by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of
the Work shall continue until such time as all the Work is completed and ENGINEER has issued
a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is
acceptable (except as otherwise expressly provided in connection with Substantial
Completion).
Safety Representative:
6.21. CONTRACTOR shall designate a qualified and experienced safety representative at the
site whose duties and responsibilities shall be the prevention of accidents and the
maintaining ar,.d supervising of safety precautions and programs.
1
GC- 17
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' 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data
sheets or other hazard communication information required to be made available to or
exchanged between or among employers at the site in accordance with Laws or Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection o£ persons or the Work or property
at the site Cr adjacent thereto, CONTRACTOR, without special instruction or authorization
' from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby. If ENGINEER determines that a change in the Contract Documents is required because
' of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive
or Change Order will be issued to document the consequences of such action.
6.24. Shop Trawings and Samples:
1 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in
accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph
2.9). All submittals will be identified as ENGINEER may require and in the number of copies
specified in the General Requirements.
' The data shown on the Shop Drawings will be complete with respect to quantities, dimensions,
specified per:ormance and design criteria, materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the
' information for the limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in
accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample
will be ident:.£ied 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 numbers of
each Sample to be submitted will be as specified in the Specifications.
' 6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have
determined and verified:
' 6.25.1.1, all field measurements, quantities, dimensions, specified performance criteria,
installation requirements, materials, catalog numbers and similar information with respect
thereto,
' 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling,
storage, assembly and installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of
means, methods, techniques, sequences and procedures of construction and safety precautions
and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop
Drawing or Saxple 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 CONTRACTOR's obligations under the Contact Documents with respect
to CONTRACTOR'S review and approval of that submittal.
' 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop Drawing or Sample submitted may
have from the requirements of the Contract Documents, such notice to be in a written
communication separate from the submittal; and, in addition, shall cause a specific notation
• to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval
of each such variation.
' GC- 18
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6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by
paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered
by the submittals will, after installation or incorporation in the Work, conform to the
information given in the Contract Documents and be compatible with the design concept of
the completed Project as a functioning whole as indicated by the Contract Documents.
ENGINEERS' review and approval will not extend to means, methods, techniques, sequences or
procedures o:` construction (except where a particular means, method, technique, sequence
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval
of a separate item as such will not indicate approval of the assembly in which the item
functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the
required numbir of corrected copies of Shop Drawings and submit as required new Samples for
review and approval. CONTRACTOR shall direct specific attention in writing to revisions
other than the corrections called for by ENGINEER on previous submittals,
6.27. AN ENGINEER'S review and approval of Shop Drawings or Samples shall not relieve
CONTRACTOR from responsibility for any variation from the requirements of the Contract
Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such
variation at 1:he time of submission as required by paragraph 6.25.3 and ENGINEER has given
written approval of each such variation by specific written notation thereof incorporated
in or accompanying the Shop Drawing or Sample approval nor will any approval by ENGINEER
relieve CONTRACTOR from responsibility for complying with the requirements of paragraph
6.25.1.
6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule
of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9,
any related Work performed prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of CONTRACTOR.
Continuing the Work
6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with OWNER. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in writing.
CONTRACTOR's General Warranty and Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's
Consultants that all Work will be in accordance with the Contract Documents and will not
be defective. CONTRACTORS' warranty and guarantee hereunder excludes defects or damage
caused by:
abuse, modification or improper maintenance or operation by persons other than
Subcontractors or Suppliers; or
normal wear and tear under normal usage.
6.30.2. CONTRACTORS' obligation to perform and complete the Work in accordance with
the Contract Documents shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents:
observations by ENGINEER,
recommendation of any progress or final payment by ENGINEER,
6.30.2.3. the issuance of a certificate of Substantial Completion or
OWNER to CONTRACTOR under the Contract Documents,
use or occupancy of the Work or any part thereof by OWNER,
6.30.2.5. any acceptance by OWNER or any failure to do so;
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6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance
of a notice of acceptability by ENGINEER pursuant to Paragraph 14.13;
' 6.30.2.7. any inspection, test or approval by others; or
6.30.2.8. any correction of defective Work by OWNER.
6.30.3 For the warranty period (See Supplementary Conditions for the warranty
' period), or longer if specified by law, the CONTRACTOR shall at his expense make all repairs
and replacements necessitated by defects in the materials, workmanship or prosecution of
the Work supplied under these Contract Documents, and pay for any damage to other works or
property resulting from such defects. The CONTRACTOR shall hold the OWNER and ENGINEER
' harmless fron. any liability of any kind arising from said defects. The effective date for
the beginning of the one year warranty period will be decided by the OWNER and will be
either the date of the ENGINEER's recommendation for Final Payment, the date of the Final
Payment and acceptance, or the date of Substantial Completion as specified in Article 14.8.
' The CONTRACTOR will make all repairs or replacements promptly upon receipt of written order
for the repairs or replacements from the OWNER. If the CONTRACTOR fails to make the repairs
or replacements promptly, the OWNER may perform the work and the CONTRACTOR and the
CONTRACTOR's Surety shall be liable for all costs thereof.
' Indemnification
6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify
and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors,
employees, agents and other consultants of each and any of them from and against all claims,
costs, losses and damages (including but not limited to all fees and charges of engineers,
architects, al:torneys and other professionals and all court or arbitration or other dispute
resolution costs) caused by, arising out of or resulting from the performance of the Work,
provided that any such claim, cost, loss or damage: (I) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other than
the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole
or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier,
any person o;: organization directly or indirectly employed by any of them to perform or
furnish any o the Work or anyone for whose acts any of them may be liable, regardless of
whether or not caused in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed upon such indemnified party by Laws
and Regulations regardless of the negligence of any such person or entity.
' 6.32. In any and all claims against OWNER or ENGINEER or any of their respective
consultants, agents, officers, directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not be limited in any way by any
limitation or. the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor, Supplier or other person or organization under
' workers' compensation acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend
to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or
' agents caused by the professional negligence, errors or omissions of any of them.
survival of Obligations:
' 6.34. All representations, indemnifications, warranties and guarantees made in, required
by or given in accordance with the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final payment, completion and acceptance
of the Work and termination or completion of the Agreement.
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' ARTICLE 7 - OTHER WORK
7.1. OWNER may perform other work related to the Project at the site by OWNER's own
forces, or let other direct contracts therefor which shall contain General Conditions
' similar to these, or have other work performed by utility owners. If the fact that such
other work is to be performed was not noted in the Contract Documents, then: (I) written
notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii)
CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR
' believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct
' contract and each utility owner (and OWNER, if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work
and shall properly connect and coordinate the Work with theirs. Unless otherwise provided
' in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work
that may be required to make its several parts come together properly and integrate with
such other wo:tk. CONTRACTOR shall not endanger any work of others by cutting, excavating
or otherwise altering their work and will only cut or alter their work with the written
consent of ENGINEER and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility
owners and other contractors to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and
other contractors.
7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work
performed by others under this Article 7, CONTRACTOR shall inspect such other work and
promptly report to ENGINEER in writing any delays, defects or deficiencies in such other
work that render it unavailable or unsuitable for the proper execution and results of
CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such
other work as fit and proper for integration with CONTRACTOR's Work except for latent or
nonapparent defects and deficiencies in such other work.
' Coordination:
7.4. if OWNER contracts with others for the performance of other work on the Project at
the site, the following will be set forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have authority and responsibility for
coordination of the activities among the various prime contractors will be identified,
7.4.2. the specific matters to be covered by such authority and responsibility will
be itemized, and
7.4.3. the extent of such authority and responsibilities will be provided.
' Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority
and responsibility in respect of such coordination.
' ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all
communications to CONTRACTOR through ENGINEER,
8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer
whose status under the Contract Documents shall be that of the former ENGINEER.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly
' and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs
14.4 and 14.13.
GC- 21
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8.4. OWNERS' duties in respect of providing lands and easements and providing engineering
surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of
explorations and tests of subsurface conditions at the site and drawings of physical
' conditions in existing structures at or contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents.
8.5. This Paragraph is deleted.
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4.
8.7. OWNERS' responsibility in respect of certain inspections, tests and approvals is set
' forth in paragraph 13.4.
8.8. In connection with OWNER's night to stop Work or suspend Work, see paragraphs 13.10
and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under
certain circumstances.
' 8.9. Neither the OWNER nor the ENGINEER will exercise control or authority over, nor be
• responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of
construction or the safety precautions and programs incident thereto, or for any failure
' of CONTRACTOR to comply with the Laws and Regulations applicable to the furnishing or
performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract Documents.
' Project Representative:
8.10. OWNERS' responsibility in respect to undisclosed Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive materials uncovered or revealed at the site is set forth in Paragraph
4.5.
' 8.11 If and to the extent that OWNER has agreed to furnish CONTRACTOR reasonable evidence
that financial, arrangements have been made to satisfy OWNER's obligations under the Contract
Documents, OWNER's responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
' OWNER's Repre.sentative:
9.1. ENGINEER will be OWNER's representative during the construction period. The duties
and responsibilities and the limitations of authority of ENGINEER as OWNER's representative
' during construction are set forth in the Contract Documents and shall not be extended
without written consent of OWNER and ENGINEER.
Visits to Site:
' 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages
of construction as ENGINEER deems necessary in order to observe as an experienced and
qualified design professional the progress that has been made and the quality of the various
' aspects of CONTRACTOR's executed Work. Based on information obtained during such visits
and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general,
if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be
required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the Work. ENGINEERS' efforts will be directed toward providing for OWNER a
greater degree of confidence that the completed Work will conform generally to the Contract
Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER
informed of the progress of the work and will endeavor to guard OWNER against defective
Work. ENGINEERS' visits and on -site observations are subject to all the limitations on
' ENGINEER's authority and responsibility set forth in.paragraph 9.13, and particularly, but
without limitation, during or as a result of ENGINEER's on -site visits or observations of
CONTRACTOR's Work. ENGINEER will not supervise, direct, control or have authority over or
be responsible: for CONTRACTOR's means, methods, techniques, sequences or procedures of
' GC- 22
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' construction, or the safety precautions and programs incident thereto, or for any failure
of CONTRACTCR to comply with Laws and Regulations applicable to the furnishing or
performance of the Work. However, nothing in this Paragraph shall relieve the ENGINEER of
any obligations under the separate contract with the OWNER for the furnishing of
' Construction Management or Observation.
Project Representative:
9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative
to assist ENGINEER in providing more continuous observation of the Work. The
responsibilities and authority and limitations thereon of any such Resident Project
Representative and assistants will be as provided in Paragraph 9.13 and in the Supplementary
' Conditions. If OWNER designates another representative or agent to represent OWNER at the
site who is not ENGINEER's Consultant, agent or employee, the authority and limitations
thereon of such other person will be as provided in the Supplementary conditions.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness such written clarifications or
interpretations of the requirements of the Contract Documents (in the form of Drawings or
otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent
of and reasonably inferable from Contract Documents. Such written clarifications and
interpretations will be binding. If CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price or the Contract Times and the
parties are unable to agree to the amount or extent thereof, if any, CONTRACTOR may make
•
a written claim therefor
as provided
in Article
11
or Article
12.
Authorized Variations in
the Work:
9.5. ENGINEER may authorize minor variations in the Work from the requirements of the
'
Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Times and are compatible with the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents. Such minor variations may be accomplished by
a Field Order and will be binding on CONTRACTOR who shall perform the Work involved
promptly.
If CONTRACTOR
believes that a Field
Order justifies an adjustment in
the
Contract
'
Price or
the Contract Times and the parties are
unable to agree as to the amount
or extent
thereof,
CONTRACTOR may
make a written claim
therefor as provided in Article
11
or 12.
' Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes
to be defective, or that ENGINEER believes will not produce a completed Project that
conforms to the Contract Documents, or that will prejudice the integrity of the design
' concept of the completed Project as a functioning whole as indicated by the Contract
Documents. ENGINEER will also have authority to require special inspection or testing of
the Work as povided 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 fox Payment, see Article
14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work
performed by CONTRACTOR and will review such findings with CONTRACTOR prior to inclusion
in a particular Application for Payment. The signature of CONTRACTOR, ENGINEER, and OWNER
on a particular Application for Payment (other than the Final Application for Payment) will
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9.13. Limitation of ENGINEER's Authority and Responsibilities:
' 9.13.1. Neither ENGINEER's authority nor responsibility under this Article 9 or under
any other provision of the Contract Documents nor any decision made by ENGINEER in good
faith either to exercise or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority or responsibility by ENGINEER shall
' create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor,
any Supplier, any other person or organization, or to any surety for or employee or agent
of any of them..
9.13.2. This Paragraph is deleted.
9.13.3. This Paragraph is deleted.
not prejudice either CONTRACTOR or OWNER in seeking an adjustment of the unit quantities.
However, the Final Application for Payment, when signed by the CONTRACTOR, ENGINEER, and
OWNER shall be final and binding on all parties.
9.12. When functioning as interpreter and judge under appeal from ENGINEER's decision and:
(i) an appeal from paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or
CONTRACTOR and will not be liable in connection with any interpretation or decision rendered
in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to
paragraphs 9.1.0 or 9.11 with respect to any such claim, dispute or other matter (except any
which have been waived by the making or acceptance of final payment as provided in paragraph
14.15) will be: a condition precedent to any exercise by OWNER or CONTRACTOR of such rights
or remedies as either may otherwise have under the Contract Documents or by Laws or
Regulations in respect of any such claim, dispute or other matter pursuant to Article 16.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the requirements of the Contract
Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other
matters relating to the acceptability of the Work or the interpretation of the requirements
of the Contract Documents pertaining to the performance and furnishing of the Work and
Claims under Articles 11 and 12 in respect to changes in the Contract Price or Contract
Times will be referred initially to ENGINEER in writing with a request for a formal decision
in accordance with this Paragraph. Written notice of each such claim. Dispute or other
matter will be: delivered by the claimant to ENGINEER and the other party to the Agreement
promptly (but in no event later than thirty days) after the start of the occurrence or event
giving rise thereto, and written supporting data will be submitted to ENGINEER and the other
party within sixty days after the start of such occurrence or event unless ENGINEER allows
an additional period of time for the submission of additional or more accurate data 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 in accordance
with this Paragraph. ENGINEER'S written decision on such claim, dispute or other matter will
be final and binding unless a written notice of intention to appeal from ENGINEER's written
decision is deLivered by one of the parties to the other and to ENGINEER within thirty days
after the date of such decision and a formal proceeding is instituted by the appealing party
in a forum of competent jurisdiction to exercise such rights or remedies as the appealing
party may have with respect to such claim, dispute or other matter in accordance with
applicable Laws and Regulations within sixty days of the date of such decision, unless
otherwise agreed in writing by OWNER and CONTRACTOR.
9.11.4. ENGINEERS' review of the final Application for Payment and accompanying
'
documentation and all maintenance and operating instructions, schedules, guarantees, bonds
and certificates of inspection, tests and approvals and other documentation required to be
delivered by paragraph 14.1.2 will only be to determine generally that their content
complies with the requirements of, and in the case of certificates of inspections, tests
' and approvals that the results certified indicate compliance with, the Contract Documents.
9.13.5. The limitations upon authority and responsibility set forth in this paragraph
9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and
' assistants.
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ARTICLE 10 - CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at
any time or from time to time, order additions, deletions or revisions in the Work, Such
additions, deletions or revisions will be authorized by a Written Amendment, a Change Order,
or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly
proceed with the Work involved which will be performed under the applicable conditions of
the Contract Documents (except as otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an
adjustment in the Contract Price or an adjustment of the Contract Times that should be
allowed as a result of a Work Change Directive, a claim may be made therefor as provided
t in Article 11 or Article 12.
10-3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension
of the Contract Times with respect to any Work performed that is not required by the
' Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and
3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER
' (or Written Amendments) covering:
10.4.1. changes in the Work which are (I) ordered by OWNER pursuant to paragraph 10.1.
(ii) required because of acceptance of defective Work under paragraph 13.13 or correcting
' defective Work under paragraph 13.14, or (iii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Times which are agreed to by the
parties; and
10.4.3. changes in the Contract Price or Contract Times which embody the substance of
any written decision rendered by ENGINEER pursuant to Paragraph 9.11; provided that, in lieu
of executing any such Change Order, an appeal may be taken from any such decision in
accordance w:Lth the provisions of the Contract Documents and applicable Laws and
Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to
the progress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of the Work or the provisions
of the Contract Documents (including, but not limited to, Contract Price or Contract Times)
is required by the provisions of any Bond to be given to a surety, the giving of any such
notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be
adjusted accordingly.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to authorized
adjustments) payable to CONTRACTOR for performing the Work, All duties, responsibilities
and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense
without change. in the Contract Price.
11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment.
Any claim for an adjustment in the Contract Price shall be based on written notice delivered
by the party making the claim to the other party and to ENGINEER promptly (but in no event
later than thirty days) after the start of the occurrence or event giving rise to the claim
' and stating the general nature of the claim. Notice of the amount of the claim with
supporting data shall be delivered within sixty days after the start of such occurrence or
event (unless ENGINEER allows additional time for claimant to submit additional or more
accurate data in support of the claim) and shall be accompanied by claimant's written
statement that the adjustment claimed covers all known amounts to which the claimant is
' entitled as a result of said occurrence or event. All claims for adjustment in the Contract
Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in
the Contract Price will be valid if not submitted in accordance with this paragraph
' GC- 25
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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:
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11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the
performance of the Work under schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without limitation superintendents, foremen and
other personnel employed full time at the site. Payroll costs for employees not employed
full time on the Work shall be apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries and wages plus the cost of
fringe benefits which shall include social security contributions, unemployment, excise and
payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto. The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the
extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and incorporated in the Work,
including costs of transportation and storage thereof, and Suppliers' field services
required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER
deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts
shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or
furnished by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids
from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted.
If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of
the Work Plus a fee, the Subcontractors' Cost of the Work and fee shall be determined in
the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4,
11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the
Contract Documents insofar as applicable.
11.4.4. Costs of special consultants
(including
but not limited
to engineers,
architects, testing
laboratories, surveyors,
attorneys
and accountants)
employed for
services specifically
related to the Work.
11.4.5. supplemental costs including the following:
11.4.5.1. The. proportion of necessary transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in discharge of duties connected with the Work.
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11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site and hand tools
not owned by 1:he workers, which are consumed in the performance of the Work, and cost less
market value of such items used but not consumed which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof in accordance with the terms of said rental
agreements. The rental of any such equipment, machinery or parts shall cease when the use
thereof is no longer necessary for the work.
11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable, and royalty payments and fees for permits and licenses.
11.4.5.6. This Paragraph is deleted.
11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone
service at the site, expressage and similar petty cash items in connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds and insurance required because of
changes in the Work.
11.5. The term Cost of the Work shall not include any of the following:
11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives,
principals (of partnership and sole proprietorships), general managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the
site or in CONTRACTOR's principal or a branch office for general administration of the Work
and not specifically included in the agreed upon schedule of job classifications referred
to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4, all of which are to
be considered administrative costs covered by the CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's
office at the site.
' 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's
capital employed for the Work and charges against CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR
' is required by the Contract Documents to purchase and maintain the same (except for the cost
of premiums covered by subparagraph 11.4.5.9 above).
11.5.5 Costs due to the negligence of CONTRACTOR or any Subcontractor, or anyone
' directly employed by any of them or for whose acts any of them may be liable, including but
not limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied and making good any damage to property.
Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be 15
percent for items under Paragraphs 11.4.1 and 11.4.2 and 5 percent for work under Paragraph
' 11.5.3. No other fees will be allowed except as may be mutually agreed upon.
11.6.1, 11.6.2 and subsequent subparagraphs are deleted.
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' 11.7. Whenever the cost of any Work is to be determined pursuant to Paragraphs 11.4 and
11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally
accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in the Contract Price ail allowances
ISO named in the Contract Documents and shall cause the Work so covered to be furnished and
performed fox such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade
' discounts) o:: materials and equipment required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRACTORS' costs for unloading and handling on the site, labor, installation
costs, overhead, profit and other expenses contemplated for the allowances have been
' included in the Contract Price and not in the allowances and no demand for additional
payment on account of any of the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by
' ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances,
and the Contract Price shall be correspondingly adjusted.
11.9. Unit Price Work:
' 11.9.1. Where the Contract Documents provide that all or part of the Work is to be
Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit price for each separately identified
item of Unit Price Work times the estimated quantity of each item as indicated in the
' Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are
solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed
by CONTRACTOR will be made by ENGINEER in accordance with Paragraph 9.10.
' 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR
to be adequate to cover CONTRACTOR's overhead and profit for each separately identified
item.
' 11.9.3. The unit price of an item of Unit Price Work shall be subject to reevaluation
and adjustment, under the following conditions:
11.9.3.1. if the total cost of a particular item of Unit Price Work amounts to 25
' percent or more of the Contract Price and the variation of the quantity of that particular
item o£ Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the
estimated quantity of such items indicated in the Contract Documents; and
11.9.3.2. there is no corresponding adjustment with respect to any other item of work;
and
11.9.3.3. :If CONTRACTOR believes that CONTRACTOR has incurred additional expense as a
' result thereof, and
11.9.3.4 If OWNER believes that the quantity variation entitles him to an adjustment
in the Unit Price, then
11.9.3.5 either the OWNER or CONTRACTOR may seek an adjustment in the particular Unit
Price in question. In the event no adjusted Unit Price can be agreed upon, the party seeking
the adjustment may a formal claim in accordance with Article 11 of these General conditions.
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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 a:; a result of the occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph
9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the
Contract Times (or Milestones) will be valid if not submitted in accordance with the
requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from completing any part of the Work within the
Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract
Times (or Milestones) will be extended in an amount equal to the time lost due to such delay
if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect
of utility owners or other contractors performing other work as contemplated by Article 7,
fires, floods, epidemics or abnormal weather conditions. Delays attributable to and within
the control of a Subcontractor or Supplier shall be deemed to be delays within the control
of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from completing any part of the Work within the
Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR,
an extension of the Contract Times (or Milestones) in an amount equal to the time lost due
to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event
shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or
organization, or to any surety or employee or agent of any of them, for damages arising out
of or resulting from (I) delays caused by or within the control of CONTRACTOR, or (ii)
delays beyond the control of both parties including but not limited to fires, floods,
epidemics, abnormal weather conditions, or acts or neglect by utility owners or other
contractors performing other work as contemplated by Article 7.
ARTICLE 13 - TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEERS
have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work.
13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of
OWNER, independent testing laboratories and governmental agencies with jurisdictional
interests will have access to the Work at reasonable times for their observation, inspecting
and testing. CONTRACTOR shall provide them proper and safe conditions for such access and
advise them of CONTRACTOR's site safety procedures and programs so that they may comply
therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER proper notification as detailed below and cooperate
with the testing and inspection of the Work.
13.3.1 All tests require a minimum notice of 24 hours. The 24 hours is a minimum
only, the exact time for testing and required inspections shall be determined by the
ENGINEER.
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' 13.3.2 All field tests required for a project shall be witnessed by the City
Engineering Division representatives in the presence of the ENGINEER and CONTRACTOR, or
their approved representatives.
' 13.4. CONTRACTOR shall employ and pay for the services of an independent testing laboratory
to perform all tests requited by the Contract Documents. CONTRACTOR shall be responsible
for the cost of all equipment, materials, labor, testing procedures and lab work for all
tests as outlined in the Detailed Specifications. ENGINEER shall have the right to approve
' or reject CON"RACTOR's proposed lab based upon sound engineering principles. Copies of all
testing reports must be forwarded directly to the ENGINEER by the testing laboratory.
13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or
' part thereof) specifically to be inspected, tested or approved by an employee or other
representative of such public body, CONTRACTOR shall assume full responsibility for
arranging and obtaining such inspections, tests or approvals, pay all costs in connection
therewith, and furnish ENGINEER the required certificates of inspection, or approval,
CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs
'
in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's
acceptance of materials or equipment to be incorporated in the Work, or of materials mix
designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for
incorporation in the Work.
13.6. If any Work (or the work of others) that is to be inspected, tested or approved is
covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by
ENGINEER, be uncovered for observation.
' 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if
requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's
' expense.
13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by
ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover,
' expose or otherwise make available for observation, inspection or testing as ENGINEER may
require, that portion of the Work in question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims,
costs, losses and damages caused by, arising out of or resulting from such uncovering,
exposure, observation, inspection and testing and of satisfactory replacement or
t
reconstruction (including but not limited to all costs of repair or replacement of work of
others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and,
if the parties are unable to agree as to the amount thereof, may make a claim therefor as
provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR
' shall be allowed an increase in the Contract Price or an extension of the Contract Times
(or Milestones) , or both, directly attributable to such uncovering, exposure, observation,
inspection, testing, replacement and reconstruction; and, if the parties are unable to agree
as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in
' Articles 11 and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled
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workers or suitable materials or equipment, or fails to furnish or perform the Work in such
a way that the completed Work will conform to the Contract Documents, OWNER may order
CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been
eliminated, however, this right of OWNER to stop the Work shall not give rise to any duty
Ion the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or
other party.
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Correction or Removal of Defective Work:
13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either
correct all defective Work, whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the site and replace it with Work that
is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or
resulting from such correction or removal (including but not limited to all costs of repair
or replacement of work of others).
13.12. Correction Period:
13.12.1. If within one year after the date of Substantial Completion or such longer
period of time as may be prescribed by Laws or Regulations or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provision of the
Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without
cost to OWNER and in accordance with OWNER's written instructions: (I) correct such
defective Work, or, if it has been rejected by OWNER, remove it from the site and replace
it with Work that is not defective, and (ii) satisfactorily correct or remove and replace
any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not
promptly comply with the terms of such instructions, or in an emergency where delay would
cause serious risk of loss or damage, OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs, losses and damages caused by or
resulting from such removal and replacement (including but not limited to all costs of
repair or replacement of work of others) will be paid by CONTRACTOR.
13.12.2. In special circumstances where a particular item of equipment is placed in
continuous service before substantial Completion of all the Work, the correction period for
that item may start to run from an earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. 'Where defective Work (and damage to other Work resulting therefrom) has been
corrected, removed or replaced under this paragraph 13.12, the correction period hereunder
with respect to such Work will be extended for an additional period of one year after such
correction or removal and replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13.4. If instead of requiring correction or removal and replacement of defective
Work, OWNER prefers to accept the defective work, OWNER may do so. In that event, CONTRACTOR
shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of the
determination to accept such defective Work (such costs to be approved by ENGINEER as to
reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease
in the Contract Price, and, if the parties are unable to agree as to the amount thereof,
OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. if CONTRACTOR fails within a reasonable time after written notice from
ENGINEER to correct defective Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.1.1. or if CONTRACTOR falls to perform the Work
in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other
provision of the Contract Documents, OWNER may, after seven days' written notice to
CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies
under this paragraph OWNER shall proceed expeditiously. In connection with 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, construction equipment and machinery at
the site and incorporate in the Work all materials and equipment stored at the site or for
which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER
and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and damages incurred or sustained
by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a
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1 Change Order will be issued incorporating the necessary revisions in the Contract Documents
with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may
make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will
include but not be limited to all costs of repair or replacement of work of others destroyed
or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR
shall not be allowed an extension of the Contract Times (or Milestones) because of any delay
the performance of the Work attributable to the exercise by OWNER of OWNER's rights and
1 remedies hereunder.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
1 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 will be incorporated into a form of Application fox Payment
acceptable to the ENGINEER. Progress payments on account of Unit Price Work will be based
on the number of units completed.
Application for Progress Payments:
' 14.2 Application for Progress Payments shall be accomplished as follows:
14.2.1 Monthly estimates will be prepared to include all work accomplished for the
' period ending the third Friday of each month; or
14.2.2 Progress payments will be prepared at regular intervals, as scheduled by joint
consent of the CONTRACTOR and ENGINEER.
' 14.2.3 the ENGINEER, based upon data gathered during the construction process, will
make an estimate of the value of the Work done and materials furnished in place during the
previous estimate period. The CONTRACTOR shall furnish to the ENGINEER such detailed
information, including invoices from material suppliers, as the ENGINEER may request to aid
' in the preparation of the progress payment estimate. All payment requests are subject to
retainage as determined by the ENGINEER. Retainage shall be 10 percent of said estimate
until 50 percent of the Work has been fully completed. Thereafter progress payments shall
be made without further retainage. Any decision to release any retainage prior to the Final
' Progress Payment shall be made by the ENGINEER with the consent of the OWNER. Failure of
the ENGINEER or OWNER to make an estimate for a progress payment at the time specified
herein shall not be held to invalidate or void the Contract between OWNER and CONTRACTOR.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
covered by any Application for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either
indicate in writing a recommendation of payment and present the Application to OWNER, or
return the Application to CONTRACTOR indicating In writing ENGINEER's reasons for refusing
to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and
resubmit the Application. After the required internal reviews and processing by the City,
the City will diligently proceed to make payment to CONTRACTOR in accordance with the
approved payment request. Every attempt will be made to pay the estimated amount within a
30 day period after the review has been completed, however, the City cannot make payment
within that time.
I 14.5. ENGINEERS' recommendation of any payment requested in an Application for Payment will
constitute a representation by ENGINEER to OWNER, based on ENGINEER's onsite observations
of the executed Work as an experienced and qualified design professional and on ENGINEER's
review of the Application for Payment and the accompanying data and schedules, that to the
best of ENGINEER's knowledge, information and belief:
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14.5.1. the Work has progressed to the point indicated,
14.5.2. the quality of the Work is generally in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents,
to a final determination of quantities and classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated in the recommendation), and
14.5.3.
the conditions precedent to CONTRACTOR's
being entitled
to
such payment
appear
to
have been
fulfilled in so far as it is ENGINEER's
responsibility
to
observe the
Work.
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However, by recommending any such payment ENGINEER will not thereby be deemed to have
represented that: (I) exhaustive or continuous on -site inspections have been made to check
the quality ox the quantity of the Work beyond the responsibilities specifically assigned
to ENGINEER in the Contract Documents or separate Contract with the OWNER, or (ii) that
there may not be other matters or issues between the parties that might entitle CONTRACTOR
to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR.
14.6. ENGINEERS' recommendation of any payment, including final payment, shall not mean
that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or
procedures of construction, or the safety precautions and programs incident thereto, or for
any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing
or performance of Work, or for any failure of CONTRACTOR to perform or furnish work in
accordance with the Contract Documents,
14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in
ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to
in paragraph 14.5. ENGINEER may also refuse to recommend any such payment because of
subsequently discovered evidence or the results of subsequent inspections or tests, nullify
any such payment previously recommended, to such extent as may be necessary in ENGINEER's
opinion to protect OWNER from loss because:
14.7. I. the Work is defective, or completed Work has been damaged requiring correction
or replacement„
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order,
14.7.3. OWNER has been required to correct defective Work or complete Work in
accordance with paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events
enumerated in paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or
furnishing of the Work,
14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has
delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge
of such Liens,
14.7.7. there are other items entitling OWNER to a set-off against the amount
recommended, or
14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated
in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating
the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any
adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's
satisfaction the reasons for such action.
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ISubstantial Completion
14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall
notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except
for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue
a Certificate of Substantial Completion. Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will
notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work
substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of Substantial Completion. There shall
be attached to the certificate a tentative list of items to be completed or corrected before
final payment, OWNER shall have seven days after receipt of the tentative certificate during
which to make written objection to ENGINEER as to any provisions of the certificate or
attached list. If, after considering such objections, ENGINEER concludes that the Work is
not substantially complete, ENGINEER will within fourteen days after submission of the
tentative cer'=ificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor.
If, after consideration of OWNER's objections, ENGINEER considers the Work substantially
complete, ENGINEER will within said fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list
of items to be completed or corrected) reflecting such changes from the tentative
certificate a:; ENGINEER believes justified after consideration of any objections from OWNER.
At the time o:: delivery of the tentative certificate of Substantial Completion ENGINEER will
deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities
pending fina]. payment between OWNER and CONTRACTOR with respect to security, operation,
safety, maintenance, heat, utilities, insurance and warranties and guarantees, Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to
ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's
aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or
correct items on the tentative list.
' Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work
which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose without significant interference
with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to
substantial Completion of all the Work subject to the following:
14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and
substantially complete. If CONTRACTOR agrees that such part of the Work is substantially
complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is
substantially complete and request ENGINEER to issue a certificate of Substantial Completion
for that part of the Work. CONTRACTOR may at any time notify OWNER and ENGINEER in writing
that CONTRACTORS considers any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a certificate of Substantial completion
for that portion of the Work. Within a reasonable time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider that part of the Work to be
substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the Work to be substantially complete,
the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of
Substantial Completion of that part of the Work and the division of responsibility in
respect thereof and access thereto.
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.
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' Final Inspection
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion
thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and
will notify CONTRACTOR in writing of all particulars in which this inspection reveals the
Work to be incomplete or defective. CONTRACTOR shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
Application for Final Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of
ENGINEER and delivered in accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5.4, certificates of inspection, marked -up record documents
(as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for
final payment. following the procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered) by: (i) all documentation
called for in the Contract Documents, including but not limited to the evidence of insurance
required by subparagraph 5.4.13, (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, CONTRACTOR may furnish receipts or releases in
full and an affidavit of CONTRACTOR that; (i) the releases and receipts include all labor,
services, material and equipment for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills and other indebtedness connected with the Work for which OWNER
or OWNER's property might in any way be responsible have been paid or otherwise satisfied.
If any Subcontractor or Supplier falls to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER
against any Lien.
' Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of the Work during construction and
final inspection, and ENGINEER's review of the final Application for Payment and
' accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's other obligations under the Contract Documents
have been fulfilled, ENGINEER will, within ten days after receipt of the final Application
for Payment, indicate in writing ENGINEER's recommendation of payment and present the
Application to OWNER for payment. At the same time ENGINEER will also give written notice
to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph
14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing
the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make
' the necessary corrections and resubmit the Application. Thirty days after the presentation
to OWNER of the Application and accompanying documentation, in appropriate form and
substance and with ENGINEER's recommendation and notice of acceptability, the amount
recommended by ENGINEER will become due and will he paid by OWNER to CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final completion of the Work is
significantly delayed and if ENGINEER so confirms, OWNER will, upon receipt of CONTRACTOR's Appl
ication plication for Payment and recommendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion of the Work fully completed and
' accepted. If the remaining balance to be held by OWNER for Work not fully completed or
corrected is less than the retainage stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5.1, the written consent of the surety to the payment
of the balance due for that portion of the Work fully completed and accepted will he
submitted by CONTRACTOR to ENGINEER with Application for such payment. Such payment will
be made under the terms and conditions governing final payment. except that it shall not
constitute a waiver of claims.
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Waiver of Claims:
14.15. The making and acceptance of final payment will constitute:
14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph
14.11, from failure to comply with the Contract Documents or the terms of any special
guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract
Documents, and
14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously
made in writing and still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:
15.1. Al any time and without cause OWNER may suspend the Work or any portion thereof for
a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which
will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the
date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Times for such
suspension of the Work. An increase or decrease in the Contract Price may be allowed as
agreed upon between the CONTRACTOR and OWNER with concurrence by ENGINEER. If no agreement
can be reached on the matter, either party may make a claim in accordance with Articles 11
and 12.
OWNER May Terminate:
15.2. OWNER may terminate the Work upon the occurrence of any one of the following events:
15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the
Contract Documents, including, but not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment or failure to adhere to the progress schedule
established under Paragraph 2.9. as adjusted from time to time pursuant to paragraph 6.6,
15.2.2. if
CONTRACTOR disregards
Laws or Regulations
of any public
body
having
jurisdiction,
15.2.3. if CONTRACTOR disregards the authority of ENGINEER, or
15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the
Contract Documents,
OWNER may, after giving CONTRACTOR (and the surety) seven days' written notice and to the
extent permit,:ed by Laws and Regulations, terminate the services of CONTRACTOR, exclude
CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools,
appliances, construction equipment and machinery at the site and use the same to the full
extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and equipment stored at the site or for
which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER
may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further
payment until the Work is finished. If the unpaid balance of the Contract Price exceeds
all claims, costs, losses and damages sustained by OWNER arising out of or resulting from
completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses
and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such
claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their
reasonableness and when so approved by ENGINEER incorporated in a 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 terminated by OWNER, the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may
thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not
release CONTRACTOR from liability.
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' 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause
and without prejudice to any other right or remedy of OWNER, elect to terminate the
Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items):
' 15.4.1. for completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable sums
for overhead and profit on such Work;
' 15.4.2. for expenses sustained prior to the effective date of termination in
performing services and furnishing labor, materials or equipment as required by the Contract
Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead
and profit on such expenses;
1 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 authority, or ENGINEER
' fails to act on any Application for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then
CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER
or ENGINEER do not remedy such suspension or failure within that time, terminate the
Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice to any other right or remedy,
if ENGINEER has failed to act on an Application for Payment within thirty days after it is
submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined
to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGINEER stop the
' Work until payment of all such amounts due CONTRACTOR, including interest thereon. The
provisions of this Paragraph 15.5 are not intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by
' this Paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
' If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for
resolving disputes between them that may arise under this Agreement, such dispute resolution
method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution
Agreement," to be attached hereto and made a part hereof. If no such agreement on the
' method and procedure for resolving such disputes has been reached, and subject to the
provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise such rights
or remedies as either may otherwise have under the Contract Documents or by Laws or
Regulations in. respect of any dispute.
ARTICLE 17 - MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents requires the giving of written
notice, it will be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is
' intended, or i:` delivered at or sent by registered or certified mail, postage prepaid, to
the last business address known to the giver of the notice.
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' 17.2 Computation of Times.
17.2.1. When any period of time is referred to in the Contract Documents by days, it
will be computed to exclude the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by
the law of the applicable jurisdiction, such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next
' midnight will constitute a day.
Notice of Claim:
' 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of
any error, om:Lssion or act of the other party or of any of the other party's employees or
agents or others for whose acts the other party is legally liable, a claim will be made in
writing to the! other party within a reasonable time of the first observance of such injury
or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute
' for or a waiver of the provisions of any applicable statute of limitations or repose.
Cumulative Remedies:
' 17.4. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to the parties hereto, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs
6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and
' remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be
construed in any way as a limitation of, any rights and remedies available to any or all
of them which are otherwise imposed or available by Laws or Regulations, by special warranty
or guarantee or by other provisions of the Contract Documents, and the provisions of this
paragraph will be as effective as if repeated specifically in the Contract Documents in
' connection with each particular duty, obligation, right and remedy to which they apply.
Professional Fees and Court Costs Included:
17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include
in each case, :out not be limited to, all fees and charges of engineer, architects, attorneys
and other professionals and all court or arbitration or other dispute resolution costs.
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EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement
between OWNER and CONTRACTOR is amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR
arising out of or relating to the Contract Documents or the breach thereof (except for
claims which have been waived by the making or acceptance of final payment as provided by
paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association subject to the limitations of this
Article 16. This agreement to arbitrate and any other agreement or consent to arbitrate Article into in accordance herewith as provided in this 16 will specifically
enforceable under the prevailing law of any court having jurisdiction.
16.2 No demand for arbitration of any claim, dispute or matter that is required to be
' referred to ENGINEER initially for decision in accordance with Paragraph 9.11 will be made
until the earlier of (a) the date an which ENGINEER has rendered a decision or (b) the
thirty-first day after the parties have presented their evidence to ENGINEER. No demand for
arbitration of any such claim will be made later than 30 days after the date on which
' ENGINEER has rendered a written decision in respect thereof. If no demand for arbitration
has been filed in that thirty day period then the decision by ENGINEER decision will be
binding on all parties. Any decision made by ENGINEER after arbitration has begun may be
used as evidence but will not supersede the proceedings. No demand for arbitration of any
' written decision of ENGINEER rendered in accordance with Paragraph 9.10 will be made later
than ten days after the party making such demand has delivered written notice of intention
to appeal as provided in Paragraph 9.10.
16.3. Notice of the demand for arbitration will be filed in writing with the other party
Ito the Agreement and with the American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will be made within the thirty day
period specified in Paragraph 16.2 as applicable, and in all other cases within a reasonable
time after the claim, dispute or other matter in question has arisen, and in no event shall
' any such demand be made after the date when institution of legal or equitable proceedings
based on such claim would be barred by the applicable statute of limitations.
16.4 Except as provided in Paragraph 16.5 below, no arbitration arising out of or relating
Ito the Contract Documents shall include by consolidation, joinder or in any other manner
any other person or entity who is not a party to this contract unless:
16.4.1 the inclusion of such other person or entity is necessary if complete relief
is to be afforded among those who are already parties to the arbitration, and
' 16.4.2 :such other person or entity is substantially involved in a question of law or
fact which is common to those who are already parties to the arbitration and which will
arise in such proceedings, and
16.4.3 the written consent of the other person or entity sought to be included and
of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make
specific reference to this Paragraph; but no such consent shall constitute consent to
' arbitration of any dispute not specifically described in such consent or to arbitration with
any party not specifically identified in such consent.
16.5 Notwithstanding Paragraph 16.4, if a claim or dispute between OWNER and CONTRACTOR
involved the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor
as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by Paragraph 6.11 a specific provision whereby the
Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR
involving the 1Work of such Subcontractors. Nothing in the Paragraph nor in the provision
of such subcontract consenting to joinder shall create any claim, right or cause of action
in favor of Subcontractor and against OWNER, ENGINEER, or ENGINEERS' Consultants that does
not otherwise exist.
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' 16.6 The award rendered by the arbitrators will be final and judgement may be entered upon
it in any court having jurisdiction thereof, and it will not be subject to modification or
appeal.
' 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question between them arising out of or
relating to the Contract Documents or the breach thereof ("disputes"), to mediation by The
American Arbitration Association under the Construction Industry Mediation Rules of the
' American Arbitration Association prior to either of them initiating against the other a
demand for arbitration pursuant to Paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties. The respective thirty and ten
day time limits within which to file a demand for arbitration as provided in paragraphs 16.2
' and 16.3 above shall be suspended with respect to a dispute submitted to mediation within
those same applicable time limits and shall remain suspended until ten days after the
termination of the mediation. The mediator of any dispute submitted to mediation under this
Agreement shall not serve as arbitrator of such dispute unless otherwise agreed.
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SUPPLEMENT TO THE GENERAL CONDITIONS
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' AASHTO American Association of State Highway Officials
ACI - American Concrete Institute
AGA - American Gas Association
AI-ITD - Arkansas Highway and Transportation Department
' AISC - American Institute of Steel Construction
ANSI - American National Standards Institute
ASA - American Standards Association
' ASTM - American Society for Testing Materials
AM/WA - American Water Works Association
GSA - Gereral Services Administration
' UL - Underwriters Laboratories
cfs - Cubic feet per second
CMP - Corrugated Metal Pipe
DI - Ductile Iron
gpm - Gallons per minute
ppm - Parts per million
' psi - Pounds per square inch
PVC - Polyvinyl Chloride
RCP - Reinforced Concrete Pipe
The following Supplementary Conditions amend or supplement the STANDARD
GENERAL CONDITONS and other provisions of the Contract Documents as specifically
indicated. These Supplementary Conditions are specific in nature to the Arlington
Terrace Reconstruction project.
1. DFINITIONS:
OWNER shall mean the City of Fayetteville or any of its authorized representatives.
ENGINEER shall mean the City of Fayetteville Engineering Division.
Resident Project Representative shall be the authorized representative of the ENGINEER.
Grade, as used in these specifications, shall mean and indicate the established
elevations of the paving, flow lines of sewers and other appurtenances as shown on the
Plans.
2. ABBREVIATIONS:
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3. INSURANCE:
General
All Bonds shall be issued by a company listed in the A.M. Best Rating Book as
follows:
Contract in excess of $100, 000.00 - B+ or higher
Contracts in excess of $1,000,000 - A or higher
The contract amounts may not exceed 2% of the policyholder's surplus
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Workers Compensation:
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a) State - Statutory
b) Applicable Federal Statutory
c) Employer's Liability $100,000 each occurrence
Comprehensive General Liability
$1,000,000 Combined Single Limit
PoliciE?s will include premise/operations, products, completed operations,
independent contractors, explosions, collapse, underground hazard, Broad Form
contractual, person injury with employment exclusion deleted, and broad form
property damage.
Comprehensive Automobile Liability
Bodily Injury
$1, 000, 000 Each person
2,000,000 Each Occurrence
$500,000 each occurrence or a combined single limit of $2,000,000.
Other insurance as may be noted in the General Conditions shall also be required to the
extent that they do not directly conflict with the above requirements.
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4. BONDS:
Bid Bond
A Bid Bond of 5 percent of the total Bid shall be provided as called for elsewher e
in these Specifications.
Performance and Payment Bond
A Performance and Payment Bond shall be provided for the full amount of the
Contract Price as called for in the General Conditions.
Maintenance Bond
A Maintenance Bond of 100 percent of the Contract Price shad be provided to run
for a period of two years from the date of substantial completion.
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I-1 SPECIFICATIONS:
These Detailed Specifications are drawn with the object of securing first class
workmanship and materials throughout the work embraced in this Contract and of
securing completed work properly and well done, with regard to all local conditions.
I-2 EXTENT OF WORK:
The scope of the work includes all traffic control, site work, grading, excavation and
embankment, drainage and pavement construction required to reconstruct Arlington
Terrace as shown on the Plans and described in the Specifications.
It is mutually agreed and understood that the Contractor will furnish all tools, labor,
equipment, and materials, and supplies required to be furnished as hereby stipulated,
and will construct complete all the work described herein.
Any work and materials not specifically mentioned in the Specifications but forming an
essential part of the work shall be furnished as though specifically mentioned.
I-3 PLANS:
The Plans consists of the separately bound plan, profile, and detailed specifications as
well as the AHTD Standard Specifications, and Standard Drawings. Where these
detailed Plans and Specifications may be in conflict with the above referenced AHTD
Specifications and Drawings, these Plans and Specifications will govern.
I I-4 RIGHTS OF WAY:
The right of way for this project consists of the 50 foot standard right of way width as
I shown on the Plans. No other easements, either temporary or permanent, will be
provided by the City. Note that the east -west portion of this street is not centered in the
right of way. The Contractor shall make satisfactory provisions, without obligation to the
Owner, for all temporary land easements or rights of ways which may be required for
storage of materials and equipment.
1-5 SEOUENC:E OF WORK AND CONTRACT TIME:
After the contract bonds and certificates of insurance have been delivered to the Owner,
and the contract has been executed, the Engineer will issue a Notice to Proceed, in
accordance with the General Specifications, which shall designate the date the contract
will begin.
The contractor shall complete the project within seventy-five (75) calendar days from the
date specified. in the Notice to Proceed. If conditions beyond the control of the Contractor
I justify, and the Contracting Authority approves an extension of contract time, the
Contractor shall revise the construction schedule in accordance with the approved
extension.
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I-6 SUBMIT'I'ALS:
The following submittals will be required for this specific project:
a) Pavement Mix Design
• b) Hillside Origination Site and Required Proctors
c) Project Schedule
d) Project Sign Layout
e) Traffic Control Plan (narrative description of how traffic is to be maintained)
• f) Waste Material Disposal Site along with an approvable Grading Plan.
g) Sediment and Erosion Control Plan
1-7 SCHEDULE;
Before work is started, and in accordance with the General and Supplemental
Conditions, the Contractor shall prepare a detailed schedule of all construction
operations that will not only indicate the sequence of the work, but also the time of
' starting and completion of each part. Such schedule shall be submitted to the Engineer
for approval and shall be revised throughout the project as necessary or requested by
the Engineer.
1-8 REFERENCED AHTD STANDARD SPECIFICATIONS AND DRAWINGS:
The AHTD Standard Specifications contained in the "Standard Specifications for
Highway Construction," Edition of 1993, published by the Arkansas State Highway
Commission are hereby referenced and made a part of the Specifications.
' These Standard Specifications are available for inspection in the Engineer's Office or
may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas.
1-9 PROTECTION OF PUBLIC AND PRIVATE PROPERTY:
The Contractor shall protect, shore, brace, support, and maintain all underground
constructions uncovered or otherwise affected by the construction work performed by
him. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires,
and other surface structures affected by construction operations in connection with the
' performance of the Contract, together with all sod and shrubs in yards and parking
removed or otherwise damages, shall be restored to their original condition as
determined and approved by the Engineer.
The Contractor shall be responsible for all damage to public and private property or
facilities regardless of location or character which may be caused by moving, hauling,
' or otherwise transporting equipment, materials, or men to or from the work. He shall
likewise be responsible for all acts of any subcontractors he may have on the job.
All fire hydrants and water control valves shall be kept free from obstruction and
available for use at all times.
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I-10 MAINTENANCE OF TRAFFIC:
' The Contractor shall be responsible for the maintenance of traffic through the project
area. Individual driveways may be closed and inaccessible on a temporary basis only
(except when traffic must be kept off of freshly poured concrete) without the specific
' knowledge and permission of the homeowner involved. In all cases access will be
provided on demand in an emergency situation to the individual homeowner involved or
to emergency services personnel and vehicles (fire, police, EMS, etc).
Where, due to unavoidable circumstances, a driveway must be closed and inaccessible
overnight, it must be coordinated with the homeowner involved. When the street is to be
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closed to through traffic overnight, all emergency services must be notified of the exact
location along Rockcliff where the street is blocked. Permission of the Engineer is
' required for any street closing.
It is the intent of this Section that the Contractor maintain access to all driveways along
' the project crea, notify all emergency services aware of any necessary street closing,
and to work with individual property owners in assuring absolute minimal interruptions
of traffic during the job.
I-11 UNDERGROUND INSTALLATIONS AND STRUCTURES:
Unless noted otherwise on the Plans, pipelines and other existing underground
installations and structures in the vicinity of the work are indicated on the Plans
according to the best information available to the Engineer. The Engineer does not
guarantee to accuracy of such information. House sewer connections, water and gas
services, and other utility service lines are not indicated on the plans. The Contractor will
make every effort to locate all underground pipelines, conduits, and structures by
contacting the individual utilities or Arkansas One -Call.
The water line shown in Arlington Terrace is to be replaced by the City prior to the award
of this bid. The relocated water line will be just off of the center of the street and will be
placed with 4 feet of cover from the existing subgrade. The trench will be backfilled with
Class 7 Base and will be compacted for the full depth of the trench.
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1-12 LINES AND GRADES:
' All work shal] be done to the lines, grades, and elevations shown on the Plans. It is the
intent of the Plans and Specifications that the finished grades shall be essentially the
same as the existing grades. There are two areas of the street where the street grade is
irregular. One such area is in the vicinity of Station 1 + 50 and the other is in the area of
• Station 6+5(I (on the west side). If it is possible to smooth out these areas without
significantly affecting areas back of the curb (drives or slopes), then it is the intent of
these specifications that it is done.
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The Contractor will be responsible for hiring an engineer or other qualified person or firm
to establish the grades as required for the execution of the work. All grades so
established will be approved by the Engineer. On this job the final grades will match the
existing grades as closely as possible, except that the grades at two (2) locations may
be altered to remove irregularities in the existing grade if field condition's permit.
Any work done which is off alignment or off grade shall be removed and replaced at the
expense of the Contractor.
I-13 PUBLIC NOTIFICATION:
The Contractor shall notify all adjacent property owners a minimum of 48 hours in
advance of the beginning of the work, and shall continue to notify property owners of
specific closings and work conditions as required in Section I-10 of these Specifications.
I-14 STORAGE OF MATERIALS:
In general, the Contractor shall be responsible for all of the material furnished by him
and shall replace at this own expense all such material found defective in manufacture
or damaged in handling. This shall include the furnishing of all material and labor
required for the replacement of materials already installed and found defective prior to
final acceptcnce of the work.
The Contractor will be responsible for the delivery and distribution of materials to the site,
and for the safe storage of material on the site. All materials shall be stored in strict
conformance to the manufacturer's recommendations and in such a manner to ensure
the preservation of their quality and fitness for the work.
I-15 SATURDAY. SUNDAY, HOLIDAY. AND NIGHT WORK:
No Saturday, Sunday, Holiday, or night work will be allowed on this project, except that
after-hours work will be allowed when necessary to provide needed access to driveways
and for emergency vehicles.
Work hours shall be 8:00 AM through 5:00 PM during weekdays only. The Contractor shall
respond to calls for emergency maintenance on a 24 hour, 7 days per week basis.
I-16 MONTHLY ESTIMATES AND PAYMENTS:
Refer to Article 14 of the General Conditions and the associated Supplemental
Conditions.
I-17 INTERRUPTION OF UTILITY SERVICES:
When water, sewer, gas, power, or TV service to a house is cut off inadvertently, it shall
' be repaired by the affected utility or, when explicitly approved by the affected utility, by
the Contractor. Where the service interruption is planned, the customer shall be given
24 hour notice of such service interruption and service shall be off for no more than the
' 9 hour work clay. In no case shall service be off overnight, and the Contractor will not
leave the job without service being restored.
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1-18 TEMPORARY FACILITIES:
All water, power, and other utility services required by the Contractor for operation of
Contractor's plant or equipment, or for any other use by the Contractor to conduct or to
expedite the work shall be provided by the Contractor at his cost.
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I-20 SECURITY
' The Contractor shall be responsible for protection of the site and all work, materials,
equipment and existing facilities thereon. No claim shall be made against the Owner by
reason of any act of an employee or trespasser, and the Contractor shall make good all
' damage to Owner's property resulting from Contractor's failure to provide adequate
security measures.
The Contractor shall arrange for service at this discretion from the appropriate utility
company, and shall assume liability for all charges. When applicable, the City will
request the liansfer of the service and assume liability for charges at the time of final
acceptance of the work.
The Contraci.or shall furnish temporary sanitary facilities at the site for the needs of the
Construction workers and others performing work or furnishing services on the project.
Sanitary facilities will be of reasonable capacity, properly maintained throughout the
construction period, and obscured from public view to the greatest extent possible. At
least one toilet per 20 workers will be provided and it shall be responsibility of the
Contractor to enforce the use of the facilities by all personnel at the site.
1-19 TREE AND PLANT PROTECTION:
No trees or cultured plants off of the 50 foot right of way shall be cut, trimmed, or removed
without the expressed permission of the landowner involved. Landscaping on the right
of way shall be removed only to the extent required by the work.
There are numerous trees (none of which are shown specifically on the Plans) within the
Arlington Terrace right of way. It is possible that some of those trees will have to be
removed to facilitate the work. Any such trees so removed will be replaced by the City.
Any existing trees endangered by the work shall be protected in accordance with
Fayetteville Ordinance on'TREE PROTECTION AND PRESERVATION."
All landscaping shall be replaced in accordance with other provisions of these
Specifications.
' 1-21 SAFETY:
The Contractor is further notified and reminded of the presence of children and
pedestrians in. the general vicinity of the project. The Contractor shall take all measures
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necessary and as required by the General Conditions to protect the General Public,
animals, and property from harm due to the construction activities.
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' I-22 PARKING
' The Contractor shall provide and maintain suitable parking areas for the use of the
construction, workers and others performing work or furnishing services in connection
with the project. The intent of this section is to avoid any need of parking personal
vehicles where they may interfere with the owner's operations or construction activities,
or normal traffic operation on public and/or private roads.
' I-23 DUST CONTROL: The Contractor shall take all reasonable measures to prevent unnecessary dust. Earth
surfaces subject to dusting shall be kept moist with water or application of an approved
chemical dust suppressant.
I-24 TEMPORARY DRAINAGE AND EROSION CONTROL PROVISIONS:
The Contractor shall provide for the drainage of storm water and such water as may be
applied or discharged on the site in the performance of the work. Drainage facilities will
' be adequate to prevent damage to the work, the site, adjacent properties and
downstream properties.
' Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented
as necessary to carry increased runoff attributable to the Contractor's operations.
Temporary dikes shall be constructed as necessary to divert increased runoff from
' entering adjacent properties (except in natural channels or storm sewers), to protect the
Owner's property, facilities, and the work; and to direct water into natural channels or
conduits.
' The Contractor shall prevent the erosion of soil on the site and adjacent property
resulting from the construction activities. Effective measures shall be initiated prior to the
commencement of clearing, grading, excavation or other operations that will disturb the
natural vegetation or protection. Erosion measures may include hay bales, silt fencing,
' jute mat, fast growing vegetation, and silt ponds.
Work on exposed areas subject to erosion shall be scheduled for the shortest possible
time, and natural vegetation shall be preserved to the greatest extent possible. The
Contractor shall be responsible for application and acquisition of all necessary permits,
including coverage under the Federal/State NPDES Regulations for Storm Water
Management and the City of Fayetteville's Excavation and Grading Ordinance.
1-25O1 FAN -UP DURING CONSTRUCTION:
During construction the Contractor shall keep the construction area in a clean, neat, and
workman like condition at all times. Pipe, equipment, and all other materials shall be
stored and protected in an area away from the construction activities. As soon as
practicable the area around all structures shall be backfilled and the entire areas
maintained in a neat condition.
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' 1-26 ACCES:L3;
' The Contractor shall provide for safe and ready access to the construction activities
during working hours or as requested to authorized representatives of the City and to
State and Federal Agencies as required.
I-27 CONSTRUCTION OBSERVATION INSPECTION:
Construction observation and inspection will be by the City of Fayetteville Engineering
' Division. The Contractor shall note the requirements of a detailed schedule and note all
requirements for the scheduling of tests and test requirements as noted in the Technical
Specifications. The Engineer will have no responsibility to the Contractor or any
' subcontractor for the supervision of the Contractor's personnel or the layout of the work.
I-28 TESTINCj
The Contractor shall be responsible for the cost of all equipment, materials, labor, testing
procedures and lab work for all tests as outline in these specifications. The City of
' Fayetteville will have the right to approve or reject the Contractor's proposed lab based
on sound Engineering principles. Copies of all testing reports must be forwarded directly
to the Engineer by the testing laboratory.
' All field tests required for a project shall be witnessed by the City Engineering Division
representative in the presence of the Contractor.
1-29 EXPLOSIVES:
Explosives will not be allowed on this job.
' I-30 EXCAVATION SAFETY:
No trench excavation of 5 feet or more in depth is planned for or allowed on this job.
However, the Contractor shall be responsible for the safety of all excavations and shall
comply with OSHA regulations in all of the work.
' I-31 HILLSIDE FILL MATERIAL:
Hillside fill material, where shown on the Plans and referenced in the Specifications,
' refers to the cherty clay material produced locally and shall contain no greater than 40
percent rock and no less than 30 percent rock.
' I-32 PROTECT SIGNS:
The Contractor shall provide two (2) project signs before construction is started. One sign
shall be placed at each end of the construction area and shall be placed in the street
right of way.
' The sign shall be 4' by 4' and shall be constructed from plywood or aluminum plate
suitable to last the project life. The sign shall be erected upon posts and braced as
needed. The Contractor shall be responsible for maintenance of the sign during the
' project life.
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The sign shall have a white or yellow background with black block lettering with this
information:
1. City of Fayetteville Sales Tax at Work
2. City of Fayetteville Engineering Department (575-8206)
3. Name of the Contractor
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PART II, MATERIAL SPECIFICATIONS
II -1 GENERA
' All materials; unless specifically stated otherwise, shall conform to AHTD Specifications.
11-2 HILLSIDI
' Hillside material shall be the cherty clay mixture commonly used as subgrade material
in northwest. Arkansas. The material must be specifically approved by the Engineer and
proctors for the material must be furnished. The rock content of the material shall be at
least 30 percent and no more than 40 percent.
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II -3 CONCRETE AND CONCRETE MATERIALS:
Concrete shall have a compressive strength of 3600 psi at 28 days. Concrete for non -
integral curb and gutter may be 3000 psi. Concrete shall be air -entrained with an air
' content of 4.0 to 7.0 percent.
1I-4 BASE MATERIAL :
The base mcrerial shall be Class 7 as defined in the AHTD Specifications.
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PART III, CONSTRUCTION SPECIFICATIONS
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III -1 GENERAL
Where applicable, and when not superseded by Plan notes or these Specifications, all
construction methods are to conform to AHTD Specifications and/or the City of
Fayetteville's Standard Street Specifications.
All driveways cut in connection with this work shall be cut smoothly with a saw. Repairs
shall be made with cold mix and shall be properly maintained until permanent repairs
can be made.
III -2 RECONSTRUCTION AREAS:
Arlington Terrace from Station 0+ 12 to Station 8+55 shall be totally reconstructed. All
curb and gutter, existing concrete surfacing, existing base material, and the first 16
inches of subgrade materials shall be removed. The engineer will determine in the field
whether or not additional materials are required to be removed. No re -use of materials
will be permitted.
' The proper disposal of the removed material will be the responsibility of the Contractor.
The Contractor is reminded that any material disposal site within the City of Fayetteville
must have a Grading Permit approved by the City. Disposal of materials outside the City
' Limits of Fayetteville shall be in accordance with the regulations of the affected political
jurisdiction.
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The excavation of materials shall take place from back of curb to back of curb plus 12 -
inches on either side of the curbs, except where existing structures next to the curb
prevent such excavation. Hillside shall be placed in not more than 8 inch lifts. The first
lift shall be thoroughly compacted and proof -rolled prior to the placement of the second
lift. The second lift shall be compacted to 92 percent of Modified Proctor. Densities shall
be taken every 300 feet or fraction thereof.
Six (6) inches of 3600 psi concrete shall be placed on the prepared subgrade material.
Curb and gutter may be 3000 psi if poured separately.
Concrete paving will be measured and paid for by the square yard at the unit price given
in the Proposal. Hillside shall be measured by the truck yard and will be paid for at the
unit price given in the Proposal. Curb and gutter will be paid for by the linear foot at the
unit price given in the Proposal. In the event the curb is placed integrally with the street,
the curb and gutter section will be assumed to be 2 feet wide, measured from the back
of the curb. The cost of all other work subsidiary to the placement of the curb and gutter,
concrete paving, and hillside materials shall be included in the appropriate unit price for
each item and will not be paid for separately.
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1II-3 RESTORATION OF LAWNS AND LANDSCAPED AREAS:
All lawn and landscaped areas damaged by the construction shall be restored as nearly
as possible to their original condition and shall be bid as such in the contractor's
proposal. Where sodded lawns area are disturbed, sod shall be replaced. The existing
sod, if suitable, may be removed at the beginning of the job and replaced after the work
has been completed. In other grassy areas, the areas shall be top -soiled (4" minimum)
and shall be seeded with an appropriate grass or grass mixture. In "weedy" and in areas
of uncultured vegetation exists, the disturbed area shall be topsoiled (4" minimum),
seeded with an appropriate grass or grass mixture, and mulched.
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The Contractor may negotiate with individual property owners to replace lawn and
landscaping differently from what is existing. It is the intent of this section of the
Specifications that disturbed landscaping be replaced in kind, whether that landscaping
consists of lawn area, bushes, landscape timbers, gravel, or other materials. Where such
negotiation results in less cost to the Contractor, the savings shall accrue to the City.
The cost of oil work under this Section shall be paid for at the Lump Sum price given in
the Proposal and no work shall be paid for separately.
1II-4 RESTORATION OF DRIVES:
Driveways shall be replaced to the extent they are damaged by construction or as noted
on the Plans. In no case shall the payline for driveway replacement extend beyond 6 feet
from the back of the curb. In all cases, a construction joint will be placed where the drive
is cut.
Ordinary and. exposed aggregate drives shall be replaced with 4 inches of concrete and
shall match the grade of the existing drive. The concrete shall be reinforced with welded
wire mesh (6 by 6 by 10) or fiber glass. Where the drive is constructed of exposed
aggregate, it shall be replaced with exposed aggregate, however, no exposed aggregate
shall be required in any curb and gutter section. In no case will asphalt be used to
replace driveways.
There is one stone and mortar drive that will be disturbed. It shall be replaced in kind
and shall be paid for as exposed aggregate.
The cost of all work under this section shall be measured by the square yard and will be
paid for at the unit price given in the proposal. The exposed aggregate and stone and
mortar driveway repairs shall be measured and paid for as exposed aggregate at the
unit price given in the Proposal. Ordinary concrete driveway and sidewalk repairs shall
be measured. and paid for at the unit price given in the proposal.
III -5 UTILITIE;s
The work will require working around and over existing main water and sewer lines, and
'• various utility service lines. It will be the sole responsibility of the Contractor to have the
lines properly located prior to construction and it will be his responsibility to protect such
lines during construction.
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The City will not be responsible for damage or delays in the work due to the requirement
Ito work around, over, or near any utility lines. The cost of any and all work under this
section will be included in the appropriate unit prices for other items contained in the
Proposal and will not be paid for separately.
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PART IV - MINIMUM STREETSTANDARDS
The following excerpts from the City's Minimum Street Standard is hereby made a part
of these Specifications. Where a conflict exists between these Standard Street
Specifications and the specifications expressly written for the Arlington Terrace project,
the specifications written expressly for the project will govern. The attention of the
' Contractor is called to this specific exception The Plans and Specifications together with
the Contractors Sediment and Erosion Control Plan will constitute the Grading Plan for
this project and no other grading plan will need to be developed. Note that the
requirement for the Contractor to submit grading plans for any offsite excavation or
filling.
SECTION 6- EROSION CONTROL
6-1 Requirement for Erosion Control:
Erosion control measures shall be taken during construction to minimize the amount of
silt and soil from entering adjacent streams and storm drainage facilities and to protect
slopes and fill areas.
6-2 Permits e ed•
A Grading Permit as called for in the Citys ordinance on the Physical Alteration of Land
shall be obtained and all work shall be in conformance with the applicable provisions
of that ordinance. The Grading Permit may be combined with the Stormwater
Management, Drainage, and Erosion Control Permit. [See exception noted above]
' If the site to be disturbed is greater than 5 acres then a "Notice of Intent" shall be filed
with the Arkansas Department of Pollution Control and Ecology in accordance with State
Law. Under State law, this is a requirement of the contractor(s) who are working on the
job. It is the sole responsibility of the contractor(s) to be fully informed of the requirements
of the state low in this regard.
It should be noted that a separate Grading Permit is required for the areas from which
material is taken and for those areas where materials are wasted if those areas are
' within the City Urnits of Fayetteville
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SECTION 7 - INSPECTIONS AND TESTING
7-1 Gener�xl.
Materials and construction employed in street improvements will be subject to inspection
and quality control testing. All testing shall be provided by the Developer.
' 7-2
' The Developer [City of Fayetteville] shall provide for inspections of street improvements
during construction. The inspections shall be accomplished under the supervision of the
Engineer of Record. The Engineer of Record shall provide certification that all materials
' and construction conform to the approved plans and specifications and with these
Minimum Street Standards.
' The Engineer of Record shall furnish full time inspection on the job as required by state
law. This law is interpreted by the City to mean that a representative of the Engineer of
Record must be on the job whenever a critical construction activity is taking place.
All field tests :required for a project shall be witnessed by the City, the Engineer of record,
and the Contractor, or their authorized representatives.
' A 24 hour notice is required on all tests. Calls to the City for the purpose of setting test
times shall be made to the City Engineer's Office by 10:00 AM for test on the following
'
day. Tests delayed by weather or other factors will be rescheduled on the same basis.
If a representative of the City cannot be present, the City Engineer may authorize the
' Engineer of record to witness the test and certify to the City the results.
It is the responsibility of the Engineer of Record and the Contractor to coordinate the
' scheduling of such tests with the City.
Prior to final o:cceptance by the City, the project shall be subject to a joint final inspection
by the City, the Engineer of Record, and the Contractor. The City Street Maintenance
Manager and the Water and Sewer Maintenance Manager may also be a part of the
final inspection.
' 7-3 Ouality Control Testing:
The Developer/Owner shall provide quality control testing for all materials and
construction involved in the street improvements. All testing shall be accomplished by a
testing firm approved by the City Engineer and shall be performed under the supervision
of a Professional Engineer.
' Minimum test requirements and minimum frequency of sampling and testing shall be
given in Paragraph 7-4. Projects will be evaluated individually and additional testing may
be required. The inclusion of tolerances in project specifications will be subject to
' 39
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approval by the City Engineer. Deficiencies in quality of materials and/or construction
exceeding the tolerance limits will not be approved.
Submission of test results shall be coordinated with the various stages of construction.
Sampling and testing locations will be subject to approval of the City.
Exceptions to the number of required tests for materials may be granted at the sole
discretion of the City Engineer when current test data are available.
7-4 Construction Inspection Checklist:
Construction Stage Inspection Items
Subgrade Street subgrade constructed to accurate grade and
within specified tolerances.
Moisture condition of subgrade.
Subgrade stability (Proof rolling required in addition to
density tests).
Base Course Base course constructed to accurate grade and within
specified tolerance.
Surface texture uniform (no evidence of segregation).
Moisture condition of base course.
Base course stab' 'ty (Proof rolling required in addition
to density tests).
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7-4 Construction Inspection Checklist (Continued):
IConstruction Stage Inspection Items
' Curb and Gutter Curb and gutter alignment and grade accuracy.
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Cross section in conformance with typical detail.
Concrete finish as specified. No toppings or thin
patches permitted. No cracks or other defects.
Joint spacing accurate. Joint filler and sealer complete.
Where removal and replacement of curb and gutter is
required, the replacement section shall extend from
joint to joint.
Surfacing Grade and cross section accurate. Surfaces within
prescribed tolerance.
Texture and finish uniform.
Joints straight and smooth. Joint filler and sealer
completed. No cracks or openings at joints.
Finish pavement surface shall not be lower than the
toe of gutter.
7-5 Additional Tests and Testing Frequency:
Density tests on subgrade and base courses shall be taken every 300 feet or portion
thereof, except that each cul-de-sac street shall have one test taken regardless of its
length. The subgrade shall be compacted to 95% of Modified Proctor. The base course
shall be compacted to 95% of Modified Proctor on Local and Residential Streets and
100% of Modified Proctor on higher classified streets. Minimum base course thickness
shall be 8 inches except that the base course for concrete streets shall be 2 inches.
Asphalt streets shall be cored every 500 feet or portion thereof for the purpose of
checking density and thickness, except that each cul-de-sac street shall have at least one
core taken regardless of length. The location of the core shall be chosen so as to
accurately represent the quality of the asphalt laid in a particular area. Samples over a
"run" shall be averaged for the purpose of determining asphalt thickness except that in
no case shall be thickness be 1/4 inch less than that specified. Maximum thickness used
for averaging purposes shall be the specified thickness plus '/a inch.
41
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Minimum asphalt density shall be 92.0% of the maximum theoretical density. No density
' of less than 90.0% shall be acceptable. The asphalt where densities Tess than 92.0% and
more than 90.0% shall be left in place and a penalty of 2 percent of the in -place
construction, cost of the deficient asphalt shall be paid to the City for each 0.10 %
' deviation from the required density up to a maximum penalty of 40 percent. Where
densities are less than 90.0%, the paving shall be removed and replaced.
The asphalt density used for the purpose of computing the penalty shall be the average
density over the entire street or streets within the development as determined by the core
samples. No densities under 90% shall be used in the average. All areas of less than 90%
shall be removed and replaced using the AHTD criteria for determining the area of
replacement.
Minimum thickness of concrete streets shall be 6 inches and minimum 28 day
compressive strength shall be 3500 psi. A set of cylinders shall be taken for each 100
cubic yards or portion thereof poured.
Concrete for curb and gutters shall be a minimum 28 day compressive strength of 3000
psi. One set of cylinders shall be taken for each 1000 feet of curb and gutter poured, or
portion thereof.
Concrete streets shall be cored every 500 feet or portion thereof for the purpose of
checking thickness. Thickness shall not be more than 0.50 inches deficient. Areas of
more than 0.50 inches deficiency shall be removed and replaced. The City may, at its
sole option, choose to leave the deficient concrete slab in place and accept a cash
payment equal to 100 percent of the in -place construction cost of the deficient concrete.
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Concrete testing out less than 80 percent of design strength shall be removed and
replaced. Concrete testing out at 98 percent of the design strength shall be deemed to
meet the specifications. A prorated penalty of 0% to 50% of the contract price for concrete
placement shall be paid to the CITY on concrete falling between 98 and 80 percent of
design strength.
Any failed density or thickness test may be offset by the taking of new tests in accordance
with the procedures contained in the latest edition of the Arkansas State Highway and
Transportation Department's Standard Specifications for HIGHWAY CONSTRUCTION.
Additional material and in -place testing may be required. Such tests, if required by the
City, shall be accomplished and evaluated in accordance with the applicable sections
of the Standard Specifications for HIGHWAY CONSTRUCTION Arkansas State Highway
and Transportation Department.
42
X STAFF REVIEW
FROM: Don Bunn
Name
MICROFILMED
STAFF REVIEW FORM
Engineering
Division
MAYOR'S SIGNATURE
Public Works
Department
ACTION REQUIRED: Mayor's Signature, Change Order No. 2 (Reconciliation)
(AUL i ,'To4 7—&2,e,'CE)
COST TO CITY:
j7, as 3.'b
$ 17,261.71 $ 237, 500.00 Street Construction
Cost -This Request Category/Project Budget Category/Project Name
4470 9470 5809 00
Account Number
98072 _
Project Number
BUDGET CONTRACT REVIEW:
Budget Coordinator
$ 219,756.00
Funds Used To Date
$ 17,744.00
Funds Remaining
X 7dgeted Item
Program Name
Sales Tax
Fund Category
Budget Adj. Attached
Datje Administrative Services Director Date
Ac nti Manager Date ADA Co rdi Date
It_____
City Attor Date Internal Auditor ? Date
v ►�eR 12,-3.98
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends Mayor's approval of Change
Order No. 2 (Reconciliation) on Arlington Terrace
(7 t ant Publijt Works Dir Date Cross Reference
V,�., .�t� I t 3^`fa New Item: Yes No
Department Director Date
Prev Ord/Res #: Res 33-98
Admi Servic Director Date
/1 prig Contract Date: March, 1998
M r Date
IS 3y`�INIa11
ARLINGTON TERRACE RECONSTRUCTION NOV 19
CHANGE ORDER NO. 2 -------
Description of Change Order No. 2
This change is required to reconcile the final quantities and to account for an
increase in the scope of the job at the north intersection of Arlington Terrace and Kings
Drive.
Cost of Change Order No. 2
Existing Unit Prices Items:
1. Curb and Gutter L.F.
2. Concrete Paving S.Y.
4. Gravel (Hillside) T.Y.
5. Aggregate Drive Replacement, S.Y
6. Concrete Drive Replacement, S.Y.
106 @ 9.66
141.151.42@33.40
Q i .C 408 @ 19.27
20 @ 54.97
23 @ 57.57
Subtotal..............................................................................
New Prices:
3. Disposal of 'Waste L.S.
Total Price, Change Order No. 2
Original Contract Price
Change Order No. 1
Change Order No. 2
Revised Contract Price
4,
$195,509.16
24,24.60
4 81 7T 17,2S3.4a
$237.047:47 Q,
,?37,006./6
$ 1,023.96
4;74:-8$ 4-714-.41
7,862.16
1,099.40
(1,324.11)
$1.3;484.21
13,375.9D
3,877.50
$1 8-t71
17, 253.40 V5V
Approvals City of Fayetteville JY/7/70
r Fred Hanna Date
Mobley Const. /q'q e
Ronald F. Mob l y Date
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