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76-97 RESOLUTION
RESOLUTION NO. 76-97 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $17,200, PLUS A PROJECT CONTINGENCY AMOUNT OF $1,800 (10%) WITH HUNNICUT CONSTRUCTION COMPANY, FOR TWO FAYETTEVILLE ENTRYWAY SIGNS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council hereby approves a construction contract in the amount of $17,200, plus a project contingency amount of $1,800 (10%) with Hunnicut Construction Company, for two Fayetteville entryway signs; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of August , 1997. APPROVED: By: Fred Hanna, Mayor ATTEST;/ By: Traci Paul, City Clerk CONTRACT THIS AGREEMENT, made and entered into the day of 19 ''7 , by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and Hunnicutt Construction Co., Inc. I of the City of _ Fayetteville, Arkansas , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for water system improvements, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best qualified bidder for the construction of said Improvements; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Bid No. 97-39 which shall be the Entryway signs for the City of Fayetteville- ,Fhetteville,...Arkansas; including all Work required for a complete and acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being Seventeen Thousand Two Hundred and no/100 dollars ($ 17,200.00), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within 70 calendar days. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, and in accordance with the Contract Specifications, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the Owner. until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of one hundred dollars ($100.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled any to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should be surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract at its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing. this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and hands and seals, respectively. Witness ses * Contractor have hereto set their Hunnicutt Construction Co., Inc. 2301 S. School St. Fayetteville, Arkansas 72701 Firm me By Donald B. Hunnicutt, Pres. *If corporation, secretary. should attest. CITY OF FAYETTEVILLE, ARKANSAS Attest: Fred Hanna, Mayor Traci Paul, City Clerk Fidelity and Deposit II(IAII: c)1.1 -ICI: OF MARYLAND Company BALTIA1ORE. AID. 2120.3 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HUNNICUTT CONSTRUCTION CO., INC. 2301 S. SCHOOL ST. FAYETTEVILLE, ARKANSAS 72701 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 SURETY Fidelity and Deposit Company of Maryland P.O. Box 1 227 Baltimore, Maryland 21203 CONSTRUCTION CONTRACT Date: August 21 , 1997 Amount: Seventeen thousand two hundred dollars and no/100 ($17,200.00) Description (Name and Location): FAYETTEVILLE ENTRYWAY SIGNS FAYETTEVILLE, ARKANSAS 13OND Date (Not earlier than Construction Contract Date): August 21 , 1997 Amount: Seventeen thousand two hundred dollars and no/100 ($17,200.00) Modifications to this Bond: (X] None ❑ See Page 3 CONTRACTOR AS PRINCIPAL cowp.Iny: HUNNI T CONSTRUCTION CO.,INC. Corpor cal Sir.iture: Nanm' and "itic: DO HUNNCIUTTP An tdditional Signatures appear on page 3) SURETY Company: Fidelity and Deposit Company of Maryland or or Seal Signature, Name and Title: B TWEATHERS ATTORNEY -IN -FACT (i OR I N! t )RA1; t TION ON!. Y --Nano. Address and Telephone) \(;LN"r or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or McCARTNEY-FAUCETTE INSURANCE, INC. other party): 4280 GABEL DR., SUITE 1 FAYETTEVILLE, ARKANSAS 72703 ('O\FOR\IS I'() :\\II•:RIC/ N INSI'I'I'UI'1•: OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. I 'the Contractor and the Surety, joi ' and severally, hind themselves. their heirs, executors, admi tors, successors and assigns to the Owner for the performance of the Construction Con- tract, which is incorporated herein by reference. 2 IIthe Contractor performs the Construction Contract, the Sure- ty and the Contractor shall have no obligation under this Bond, ex- cept to participate in conferences as provided in Subparagraph 3. I. 3 II' there is no Owner Default. the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to he held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. I1' the Owner, the Contractor and the Surety agree. the Contractor shall he allowed a reasonable time to perform the Construction Contract. but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and 3.2 The Owner has declared a Contractor Default and formal- ly terminated the Contractor's right to complete the contract. Such Contractor Default shall not he declared earlier than twenty days alter the Contractor and the Surety have received notice as provided in Sub -paragraph 3.1: and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Con- struction Contract or to a contractor selected to perform the Con- struction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take (Inc of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Con- tract itself, through its agents or through independent contrac- tors: or 4.3 Obtain bids or negotiated proposals front qualified contrac- tors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to he prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to he secured with per- formance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price in- curred by the Owner resulting from the Contractor's default: or 4.4 Waive its right to perform and complete, arrange for com- pletion, or obtain a new contractor and with reasonable pro- mptness under the circumstances: .1 Alter investigation, determine the amount for which it may I le to the Owner and, as soon as prac- ticable the amount is determined, tender pay- ment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to he in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall he entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the pay- ment tendered or the Surety has denied liability, in whole or in part. without further notice the Owner shall he entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to com- plete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not he greater than those of the Con- tractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Con- struction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract: 6.2 Additional legal, design professional and delay costs resulting front the Contractor's Default, and resulting front the actions or failure to act of the Surety under Paragraph 4: and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contruction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not he liable to the Owner or others for obliga- tions of the Contractor that are unrelated to the Construction Con- tract, and the Balance of the Contract Price shall not he reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. 9 Any proceeding, legal or equitable. under this Bond may he in- stituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall he instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or pro- hibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction shall be applicable. CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. 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Sr. Iilil hur luny , .utinlrIS r Sr. h7fJfSuu.1.1Il II".IIS Inu)fl Nn11 Ir111 Si 11171111 .111.1. 1117.1711 h.ir.iud.iu.1u1 h7tu'17h ay IIrys 1117111 -tJlnh7.l Ira'11 J.7thl, .1(1 .C.tu)UIrIS 11.1115 uI illltll.t(tllitt.1 SIII(ISI \il,ld ht1C inu{la.t'11 1171 171) Inul77I) xl IImIN Ilt7nta.11llh.1.l Iri7I lu ,(.wullris hnn 1111m luil7I11uil7 1)11118 Snl) ill uulsintid h7iluul.lad ay ill 51.55 ttill 1.111.11S1il7 ,ill 7Jaynl tlu11r7u1 ,ill ill 1t17tt17.lttlh7.t 11' 171 J,,Il ill .Ill .CJOInlr.1S r 1111.55 .Cl(IIuu.) Ill ha11511un1 u77SI.tl 111111$1 clip u7yV1 II '7lyd IJIIIMIlIN 7111 lit) umut1S Ss7Jhhr. lip ill h7Ja,vl7l) to h7lmill xi Ilr.tlS Jni?I.iwu ) 7111 Ju JaumO 7111 • I7.ntS 7111 (l 7,111)N 01 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. ,Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Elizabeth Weathers of Fayetteville, Arkansas. I s true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, each in a penalty not to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) ............................ nATthe execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ....--1$-C-h...................day of--------------July-_-..--..--•••.----..---.-------- , A.D. 19__$_6... �•' FIDELITY AND DEPOSIT COMPANY OF MARYLAN .� ' ATTEST: BY Assistant Secretary Vice -President STATE OF MARYLAND 1 CITY OF BALTIMORE } SS: On this 18th day of July , A.D. 1986 , before the subscriber, a Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by Official Seal, at the City of Baltimore, the day and year first above wrine ---------------------/— ('( mission i ..July --1.,_.-1990 CERTIFICATE I. the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any cower of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. ' Is TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ...................... day -------........................................ 19.......... LI42a._(:,f —164-2236 :�ssisrant FOR YOUR PRO I'iIC•TION LOOK FUR TILE F&D V .1"hi;i:��l.`:Rh Fidelity and Deposit Company I1OA11: otru e OF MARYLAND H 1:IInl(,RI:. An). 2120.3 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall he considered plural where applicable. CONTRACTOR (Name and Address): SURETY Fidelity and Deposit Company of Maryland HUNNICUTT CONSTRUCTION CO., INC. P.O. Box 1227 2301 S. SCHOOL ST. Baltimore, Maryland 21203 FAYETTEVILLE, ARKANSAS 72701 OWNER (Name and Address): CITY OF FAYETTEVILLE 113 W. MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 CONSTRUCTION CONTRACT Date: August 21 , 1997 Amount: Seventeen thousand two hundred dollars and no/100 ($17,200.00) Description (Name and Location): FAYETTEVILLE ENTRYWAY SIGNS, FAYETTEVILLE, ARKANSAS BOND Date (Not earlier than Construction Contract Date): August 21 , 1997 Amount: Seventeen thousand two hundred dollars and no/100 ($17,200.00) Modifications to this Bond: KI None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: HUNN UTT CONSTRUCTION CO. ,INC. Company: Fidelity and Deposit Company of Maryland Co al / Corporate Seal Signature: `' Signature: Name and Title: DON HUNNICUTT, PRESIDENT Name and Title LIZABETH WEATHERS ATTORNEY -IN -FACT (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Namc. Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect. Engineer or McCARTNEY-FAUCETTE INSURANCE, INC. other party): 4280 GABEL DR., SUITE 1 FAYETTEVILLE, ARKANSAS 72703 ('ONFORNIS TO ANIFRI('AN INS'I'I'I'U E. OF AR('IIITECI' DOCUMENT A-312, DECEMBER 1984 EDITION. �I® NOLLIC)9 b861 N38W]JHCl 'ZI£-V .LN]W11JOC1 .LJ]J.IHJlV AO 1.LI)JIJSNI NVJINANV O.I. SINN(ANO.) •puOq Mul uotutuo.) r sr IOU pur puoq AJo)nlrls r. ST pOnJlsuoD oq llrgs puo8 5!141 )1.141 s! 1u01uI 04L •u!aJOg polr,JodJ0ou1 p0tu00p Oq Ilrgs luOUI -OJ1nbOJ Ingo! J041O Jo AJoln)1.1S gins of gmuuOJUOO SUOISiAOJd pur tUoJ1OJOg pOIOIOp pou10op 014 Ilrgs luoulo.nnbal 1riol ao Aaolnlr is p!rs (1)!M gul10!Lluo0 puo8 s!g) u! 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KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents. Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations. policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Elizabeth Weathers of Fayetteville, Arkansas. Is true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, each in a penalty not to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) ......................... Xiid 1he execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .--..-1$.G_h...................day of --------------July-.--..-------...---.-----------.. , A.D. 19..$.6••. FIDELITY AND DEPOSIT COMPANY OF MARYLAN ATTEST: e .ub� By Assistant Secretary Vice-Prem4lcu STATE OF MARYLAND 1 CITY OF BALTIMORE } 55: On this 18th day of July , A.D. 1986 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by Official Seal, at the City of Baltimore, the day and year first above writte -- Notary Public Ct{mmission i _-Ju1y--_1-,---1990 •���':;� CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate: and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI. Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOS!T COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July. 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any cower of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ...................... day of........_ ........................................ . 19.......... t.iaza._c,r -164-2236 ,�,uua,u ---------- ----- t%[� 1\. R .i\i 1 i'. . 1 Ili l)Ui\ i 1I \ 1 11-', i . i) ` -1 _, t.� k This document has important legal consequences: consultation w,LI, an attorney is encouraged with respect to its completion or modification. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By • M6 Fy UENONEERS • s • • � • o A ; PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General #C Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title- .. Number Number & Title Number I. DEFINITIONS ................................... . 13 2.5-2.7 Before Starting Construction: 1.1 Addenda .......... ................ 13 CONTRACTOR's Responsibility to 1.2 . Agreement ............ .......... 13 Report: Preliminary Schedules: 1.3 { Application for Payment .............. 13 Delivery of Certificates of 1.4 ..;Asbestos .............................. 13 Insurance ............ 15 1.5 Bid :.................................. 13 . 2.8 Preconstruction Conference ........ IS 1.6 Bidding Documents...................- .. 13 � 2.9 • Initially Acceptable Schedules ......... •. _ 16 1.7 Bidding Requirements •...... - • . . . 1.8 Bonds ....' - .. � ......... 13 3. CONTRACT DOCUMENTS: INTENT, 1.9 Change Order :....:.................. 13 AMENDING. REUSE . 16 1.10 Contract Documents ...................13 3.1-3.2 Intent ................................ 16 1.11 Contract Price' ........................ 13 3.3 Reference to Standards and 1.12 Contract Times 13 Specifications of Technical Societies: 1.13 CONTRACTOR .........................13 Reporting and Resolving 1.14 defective ................................13 - . Discrepancies ." .................... 16 1.15 Drawings ............................. 13 3.4 Intent of Certain Terms or Adjectives . 17 1.16 Effective Date of the Agreement 13 3.5 Amending Contract Documents .... - - . 17 1.17 ENGINEER .......................... * * * * * " * *' ............. 13 3.6 Supplementing Contract Documents . - . 17 1.18 ENGINEER's Consultant ............. 13 3.7 Reuse of Documents .................. 17 1.19 Field Order .....'......:............... 13 1.20 General Requirements ................14 4. AVAILABILITY OF LANDS: SUBSURFACE AND 1.21 Hazardous Waste ......................14 PHYSICAL CONDITIONS: REFERENCE POINTS . 17 1.22 Laws and Regulations; Laws or 4.1 Availability of Lands ... . .............. 17 Regulations ........................ 14 4.2 Subsurface and Physical Conditions ... 17 1.23 Liens . .............................. 14 4.2.1 Reports and Drawings ................ 17 1.24 Milestone ..............................14 4.2.2 Limited Reliance by CONTRACTOR 1.25 Notice of Award .......................14 Authorized; Technical Data ......... 18 1.26 Notice to Proceed .................... 14 4.2.3 Notice of Differing Subsurface or 1.27 OWNER ...................... 14 Physical Conditions ................. 18 1.28 Partial Utilization ..................... 14 4.2.4 ENGINEER's Review 18 1.29 PCBs ................................. 14 4.2.5 Possible Contract Documents Change . 18 1.30 Petroleum .............. 14 4.2.6 Possible Price and Times Adjustments . 18 1.311 Project ............................... 14 4.3 Physical Conditions —Underground 1.32 Radioactive Material ..................14 Facilities ........................... 18 1.33 Resident Project Representative ....... 14 4.3.1 Shown or Indicated ...................IS -1.34 Samples ..............................14 4.3.2 Not Shown or Indicated .............. 19 1.35 Shop Drawings ....................... 14 4.4 Reference Points ...................... 19 1.36 Specifications ......................... 14 4.5 Asbestos, PCBs, Petroleum, Hazardous 1.37 Subcontractor ........................ 14 Waste or Radioactive Material ...... 19 1.38 Substantial Completion ............... 14 1.39 Supplementary Conditions ............ 14 5. BONDS AND INSURANCE • • • • ............... 20 1.41 Su tgr . :............ Ppl .... 14 5.1-5.2 Itrforrnance, Payment and Other Bonds . 20 1.41 Underground .......... nd Facilities 14 5.3 Licensed Sureties and Insurers: 1.42 Unit Price Work 14 Certificates of Insurance ............ 20 1.43 Work..................................15 5.4 CONTRACTOR's Liability Insurance. . 20 1.44 Work Change Directive .............. 15 5.5 OWNER's Liability Insurance ........ 21 1.45 Written Amendment .................. IS 5.6 Property Insurance.. ...:.............. 21 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS ......................IS Property Insurance ..........:...... ' 21 2.1 . ; , Delivery of Bonds .........:...... . ... 15 5.8 Notice of Cancellation Provisions .....1 21 2.2 Copies of Documents :................ 15 5.9 CONTRAC-PDR's Responsibility for 2.3 Commencement of Contract Times; Deductible Amounts ................ 22 Notice to Proceed .......... ....... IS 5.10 Other Special Insurance ........... 22 2.4 Starting the Work ..................... 15 5.11 .. Waiver of Rights ...................... Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 134 . • -; ..OWNER's Responsibilities: 14.12 .. _ Final Application for Payment ......... 40 Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 40 13.5 .... CONTRACTOR's Responsibilities .... 36 14.15 Waiver of Claims ..................... 40 13.6-13.7: CovenngWork Prior to Inspection; s '': " :.' I5. SUSPENSION OF WORK AND 13.8-13.9 Testing or Approval ' .:::...::... Uncovering. Work at ENGINEER's ; 36 . TERMINATION ......... .... .. ..... 40 Request ................:.::.:::.::. 36 I5.I OWNER May Suspend Work 40 13.10.... OWNER May Stop the Work :..::.:.:: 36 15.2-15.4 OWNER May Terminate ..........:...:'.. 40 1 Correction or Removal of Defective'• 15.5 CONTRA=- R May Stop Work or . .11 Work ............................... 37 Terminate......................... 41 13.12 Correction Period . 13.13 . Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION .......... ; ....... 41 13.14 OWNER May Correct Defective Work ........ ....... 37 17. MISCELLANEOUS ............. ............. 42 17.1 Giving Notice ...... . ....... 42 17.2 Computation of Times ................ 42 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim ....................... 42 COMPLETION .. ....................... .. 37 17.4 Cumulative Remedies . ....... '.. 42 14.1 Schedule of Values .....................37 17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment ..... 38 Included ........................... 42 14.3 CONTRACTOR's Warranty of Tide .: 38 14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional): Progress Payments ................. 38 Dispute Resolution Agreement (Optional).......GC-AI 14.8-14.9 Substantial Completion ....... .. 39 16.1-16.6 Arbitration .................... GC -AI 14.10 Partial Utilization ....... ........ 39 16.7 Mediation ..................... GC -A2 14.11 Final Inspection ...................... 39 3 Article or Paragraph Number Commencement of...................................2.3 definition of .................: .................... 1.12 CONTRACTOR — Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work................................6.29, 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR's— Compensation.................................. 11.1-11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency ....................................... 6.23 Defects in Work of Others ......................... 7.3 . Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies........................................6.23 Equipment and Machinery Rental, Cost of the Work ................................... 11.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment ..................6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance...................................5.4 Notice of Intent to Appeal .....................9.10. 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities— . -Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee...............................................6.30 CONTRACTOR's review prior to Shop Drawingor Sam- ple submittal.....................................6.25 Coordination of Work .............................. 6.9.2 Emergencies......................................6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others .....6.9.1-6.9.2, 9.13 for deductible amounts, insurance .................. 5.9 general.................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification ..............................6.31-6.33 Labor, Materials and Equipment ................ 6.3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance ................................. 5.4 Notice of variation from Contract Documents ..... 6.27 Patent Fees and Royalties ......................... 6.12 Permits...........................................6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative ............................. 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER................................6.26 Site Cleanliness...................................6.17 Submittal Procedures ............................. 6.25 Substitute Construction Methods and Procedures....................................6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence...................................6.2 Supervision........................................6.1 Survival of Obligations ............................ 6.34 Taxes............................................6.15 Tests and inspections ............I ................. 13.5 ToReport .........................................2.5 Use of Premises ....................6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4. 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors. Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes. Payment by..................................6.15 Use of Premises................................6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title...................................14.3 Written Notice Required — CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions.............................................4.2.3 Substantial Completion ........................... 14.8 CONTRACTORS—other.................................7 Contractual Liability Insurance ...................*... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination Article or Paragraph Number 'Cost Records ... ..... 11.7 definon of ..... ....... `............ ... ...... 1.9 emergencies.......................... ........... 6.23 ENGINEER's responsibility ':c:.'.:.:'.9.8. 10.4;11.2, 12.1 execution of ................ ..... ........:...... 10.4 Indemnification ..........'......6.12.6.16.6.31.6.33 Insurance. Bonds and .................:'. 5.10. 5.13, 10.5 OWNER may terminate ..........: :'.:':'`: 15.2-15.4 OWNER's Responsibility .... ... :... . 8.6, 10.4 Physical Conditions — Subsurface and ...........................................4.2 ..................................... 4.2 Underground Facilities .........................'.. 4.3.2 Record Documents ......................... ....... 6.19 Scope of Change ......... ............... 10.3-10.4 Substitutes.........................................6.7.3. 6.8.2 Unit Price Work ..... .............................. 11.9 value of Work. covered by ....:.:..... ............. 11.3 Changes in the Work .................... ............. 10 Notification of surety ....................... ...... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment................................10.2 Scope of change .........................:..... 10.3-10.4 Claims — against CONTRACTOR ...........6.16 against ENGINEER.................................6.32 against OWNER.....................................6.32 Change of Contract Price ........................ 9.4. 11.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR's 4. 7.1.9.4. 9.5. 9.11. 10.2. 11.2. 11.9. - 12.1. 14.8. 15.1. 15.5. 17.3 CONTRACTOR's Fee ... . ......................... 11.6 CONTRACTOR's liability ............ 5.4. 6.12. 6.16. 6.31 Cost of the Work .............................. 11.4. 11.5 Decisions on Disputes ......................... 9.11. 9.12 Dispute Resolution..................................16.1 Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Notice of ........................................... 17.3 OWNER's ...........9.4. 9.5. 9.11. 10.2. 11.2. 11.9. 12.1, 13.9. 13.13. 13.14. 17.3 OWNER's liability...................................5.5 OWNER may refuse to make payment ............... 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.11 Substitute items ........... .................... 6.7.1.2 Time Extension.......................................12.1 Time requirements ..............................9.11. 12.1 Unit Price Work .......... ..................... 11.9.3 Value of.............................................11.3 Waiver of —on Final Payment .................14.14. 14.15 Work Change Directive .......... .. ............ 10.2 written notice required ..............9.11. 11.2. 12.1 Clarifications and Interpretations ............ 3.6.3. 9.4, 9.11 Clean Site ............................... . ....... 6.17 Codes of Technical Society. Organization or Association ....................... .... ...... 3.3.3 Commencement of Contract Times ......... 2.3 Communications Article or Paragraph Number general.................................... 6.2, 6.2, 6.9.2. 8.1 Hazard Communication Programs .................• . 6.22 Completion— . Final Application for Payment ....:................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ................14.13-14.14 14.13-14.14 Partial Utilization...................................14.10 Substantial Completion ..............'...'.. 1.38, 14.8-14.9 Waiver of Claims ..................................: 14.15 'Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors. Suppliers and Others ............................ 6.8-6.I 1 Conferences — initially acceptable schedules ......................... 2.3 preconstruction.......................................2.8 Conflict. Error. Ambiguity, Discrepancy— . CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .:.. 2.5-2.7 Construction Machinery, Equipment, etc . ............... 6.4 Continuing the Work ............................. 6.29. 10.4 Contract Documents — Amending.......................................:... 3.5 Bonds...............................................5.1' Cash Allowances ................................... 11.8 Change of Contract Price .............................11 Change of Contract Times .............................12 Changes in the Work ........................... 10.4-10.5 check and verify ...................................... 2.5 Clarifications and Interpretations ....... 3.2, 3.6. 9.4. 9.11 definition of .........................................1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................3 Insurance..............................................53 Intent............................................ 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3, 14.4. 14.13 precedence....................................3.1. 3.3.3 Record Documents...................................6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 RelatedWork........................................1.2 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Reuseof.............................................3.7 Supplementing.........................................3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work .................................... 11.9 variations......I........................... 3.6.6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price— .. . adjustment of ................ 3.5, 4.1, 9.4. 10.3, 11.2-11.3 Changeof.............................................II Decision on Disputes ............................... 9.11 definition of..........................................1.11 Contract Times — adjustment of .... ............... 3.5, 4.1, 9.4; 10.3, 12 Change of .....................:.................'12.1-12.4 Article or Paragraph Number Reference to in Contract Documents .................3.3.1 Materials and equipment — b.3 furnished by CONTRACTOR ............. in Work 14.2 not incorporated ................•..•••••..• Materials or equipment— equivalent .......................6.7 Mediation (Optional) .� ......................� .. . :.. .... 16.7Milestones—definition of ...............................1.24 Miscellaneous — Computation of Times ..............................17.2 Cumulative Remedies ...... .......................... 17.4 17.1 Giving Notice .... ................ Noticeof Claim.....................................17.3 17.5 Professional Fees and Court Costs Included .......... 7 Multi -prime contracts .................................... 4.3.2 Not Shown or Indicated .............................. Notice of- 14.13 Acceptability of Project .................... .... , . , Award. definition of .................................1.25 1.25 17.3 Claim............................................ 13.1 Defects .............................................13.1 Differing Subsurface or Physical Conditions ..........4.2.3 17.1 Giving...................................... ....... 13.3 Tests and Inspections .............. ................. Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed — definition of ..................................... givingof .............................................2.3 Notification to Surety ................................. 10.5 Observations, by ENGINEER .................... 6.30.9.2 Occupancy of the Work ................ 5.15. 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, insurance ...................5.6.2 Optionto Replace .....................................5.14 Equal" Items......................................6.7 Other work.............................................6.7 7 Overtime Work —prohibition of ........................ OWNER — Acceptance of defective Work ...................... 13.13 appoint an ENGINEER ...............................8.2 as fiduciary ................... ................. 5.12-5.13 Availability of Lands. responsibility ...................4.1 definition of ........................................ 1.27 data, furnish ......................................... 8.3 May Correct Defective Work .......................13.14 May refuse to make payment ........................ 14.7 May Stop the Work ................................ 13.10 may suspend work. terminate .......................8.8, 13.10. 15.1.15.4 Payment. make prompt ....................8.3. 14.4, 14.13 performanceof other Work .............................7.1 permits and licenses. requirements ..................6.13 purchased insurance requirements ............... 5.6.5.10 OWNER's— 6.30 Acceptance Acceptance of the Work ......................... Change Orders. obligation to 8.6. 10.4 execute ......... ...... Article or Paragraph Number Inspections, tests and approvals .................8.7. 13.4 5.5 Liability Insurance ............ ..................... Notice of Defects 13.1 ................................... Representative —During Construction, .9 ENGINEER's Status ........................... 1 Responsibilities — Asbestos, PCB's. Petroleum. Hazardous-- Waste on Radioactive Material ...... ............ 8.10 :.: Change Orders ...........................:........ - Work 186 - Changes in the .......:...............:......0.1 8.1 communications..................................• • CONTRACTOR'S responsibilities .................. 8.9 evidence of financial arrangements ................ 8.11 inspections, tests and approvals .....................8.7 Insurance..........................................8.5 8.4 lands and easements ... ......... promptpayment by................................8.3 replacement of ENGINEER ....................... 8.2 8.4 reports and tests :.................................. stop or suspend Work .................. 8.8. 13.10. 15.1 CONTRACTOR'S services .......... 8.8, 15.2 terminate • separate representative at site ........................9.3 independent testing .................................13.4 use or occupancy of the 14.10 • Work .....................................5.15. written consent or approval 6.3. 11.4 required ................................9.1, written notice 7.1, 9.4.9.11, 11.2. 11.9. 14.7. 15.4 required .......... Communications ...................................... 8.1 T Coordination of the Work ................ .... 7.4 Disputes. request for decision ........................9.11 PCBs — definition of ....................................... general.............................................4.5 OWNER's responsibility for ........................ 8.10 Partial Utilization — """ 1'� definition of ...............................6.30.2.4. 14.10 general ................................. 5.15 Property Insurance ...................... ........... Patent Fees and Royalties ............................. 6.12 5.1-5.2 PaymentBonds ..................................... Payment. Recommendation of .............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for Progress Payments .................. 14.2 CONTRACTOR'S Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 FinalInspection ...................................14.11 Final Payment and Acceptance ...............14.13-14.14 8.3. 14 general ............................. • Partial Utilization..................................14.1C 14.2 ............... Retainage ............................ Review of Applications for Progress Payments ..,....... ........................ • prompt payment......................................8.3 14. Schedule of Values ....................................14. :, 14.8-14.! Substantial Completion ..................... Waiver of Claims ..................................14.1 when payments due ..........................14.4. 14.1: withholding payment..................................14.' .............. ..... .... : 14: Performance Bonds 5.1-5.: ................................. Permits .................... ........................... 6.1: Article or Paragraph Number Shop Drawings — and Samples, general ..........................6.24.6.28 Change Orders & Applications for Payments, and . :`: `.' :.: 9.7-9.9 definition of .................... ............ 1.35 ENGINEER's approval of ..................::.`:..3.6.2 ENGINEER's responsibility for review ............................... 9.7. 6.24-6.28 related Work ................................... .. 6.28 review procedures ......................... 2.8. 6.24-6.28 submittal required ................................. 6.24.1 Submittal Procedures .................................6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated ............................. ..:. 4.3.1 SiteAccess ....................................... 7.2. 13.2 Site Cleanliness.......................................6.17 Site, Visits to — by ENGINEER ........ .......... ........ 9.2, 13.2 by others ........................................... 13.2 "Special causes of loss" policy form, insurance ....... 5.6.2 Specifications — definition of ............................ ......... 1.36 of Technical Societies, reference to .......... . 3.3.1 precedence.........................................3.3.3 Standards and Specifications of Technical Societies .......................................... 3.3 Starting Construction. Before ........................2.5-2.8 Starting the Work......................................2.4 Stop or Suspend Work — by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8. 13:10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 Structural Loading. Safety ............................. 6.18 Subcontractor— Concerning...................................... 6.8.6.11 definition of ............. ....................... 1.37 delays.............................................. 12.3 waiverof rights.....................................6.11 Subcontractors —in general ........................ 6.8-6.11 Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3 Submittals — Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures.........................................6.25 Progress Schedules .............................. 2.6. 2.9 Samples....................................... 6.24-6.28 Schedule of Values ............................. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6. 2.8-2.9 Shop Drawings ................................. 6.24-6.28 Substantial Completion — certification of ........................ 6.30.2.3. 14.8-14.9 definition of ........................................ 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 "Or -Equal.. ........................................ 6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 Article or Paragraph Number Substitute Items .......................... ..... 6.7.1.2 Subsurface and Physical Conditions — Drawings of. in or relating to ............... . 4.2.1.2 • ENGINEER's Review ............................?:4.2.4 . general .......................:........:':......:..... 4.2 Limited Reliance by CONTRACTOR • • Authorized ..................:............ `...... 4.2.2 Notice of Differing Subsurface or ' Physical Conditions ........................... 4.2.3 Physical Conditions .......... ........................ 4.2.1.2 Possible Contract Documents Change ... .. ........... . 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Drawings.................................4.2.1 Subsurface and.......................................4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data ...................................... 4.2.2 Supervision— - CONTRACTOR's responsibility ...................... 6.1 OWNER shall not supervise ...........................8.9 ENGINEER shall not supervise ............... 9.2.9.13.2 Superintendence ....................................... 6.2 Superintendent. CONTRACTOR's resident ........... 6.2 Supplemental costs .................................. 11.4.5 Supplementary Conditions— . definition of ......................................... 1.39 principal reference to .... 1.10. 1.18. 2.2. 2.7. 4.2. 4.3. 5.1. 5.3, 5.4. 5.6-5.9. 5.11. 6.8, 6.13, 7.4. 8.11. 9.3, 9.10 Supplementing Contract Documents .................... 3.6 Supplier— . definition of.........................................I principal references to .................. 3.7, 6.5. 6.8-6.11, 6.20. 6.24,9.13,.14.12 Waiver of Rights....................................6.11 Surety — consent to final payment ..................... 14.12. 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1. 10.5, 15.2 qualification of...................................5.1-5.3 Survival of Obligations ................................ 6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination— .................. 15 CONTRACTOR May Stop Work or Terminate ........................................ 15.5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate ....................... 15.2-15.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data — Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions ............................... 4.2.3 Temporary construction facilities ........................ 4.1 Termination — by CONTRACTOR ................................. 15.5 by OWNER ............................... 8.8, 15.1-15.4 of ENGINEER's employment ........................ 8.2 Suspensionof Work-in general ........................ 15 Termsand Adjectives..................................3.4 Tests and Inspections— GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Additions SC 1 Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which arc applicable to both the singular and plural thereof: 1.1. Addenda —Written orgraphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. • Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment. together with all Written Amendments. Change Orders, Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion. and (ii) to complete the Work so that it is ready. for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. • 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection. reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 13 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction. and performing or furnishing services and furnishing docu- ments. all as required by the Contract Documents. 1.44.. Work Change Directive -A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreementand signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- dons under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in oarartranh 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2 -PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: Addition see SC2.2 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed 2.3. 'The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Ag ement. whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Consauction 2.5.' Before undertaking each part of the Work. CON- TRACTOR shall carefully. studyy and compare the Contract Documents and check and' 'verify ' pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report'in writing to ENGINEER any conflict, error. ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceedingwith any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to. ENGINEER for review: 2.6.1.. a preliminary' progress, schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work.' ; 2.7. Before any Work at the site is started. CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions. certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain it accordance with para- graphs5.4.5.6and5.7. 'Addition see Sc '2.7 Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conferer.. e 15 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as • ordered," "as directed," "as required," "as allowed," "as . approved" or terms of like effect or import are used, or the adjectives "reasonable, 'suitable, 'acceptable. 'proper" • or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement. direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duly or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5). 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings. Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; • SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the, use of CONTRACTOR. Upon reasonable written request. OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the. Contract Price or the Contract Times as a result of any delay ii. OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents: and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 17 information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data: and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data. (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction. and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents. CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23). identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time. CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times. CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR, shall be responsible for laying out the . Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 45. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcontractor. Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall . immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23). -and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work. or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed. either party may make a claim therefor as provided in Articles II and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the • amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles II and 12. OWNER- may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's 19 The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary. exclusion in respect of profes- sional liability) OWNER, ENGINEER. ENGINEER's Con - sultana and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds. and include coverage for the respective officers and employees of all such additional insureds; • 5.4.8. include the specific coverages and be written for not less than, the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10.. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; . 5.4.11. contain. a provision or. endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of, insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing. removing • or replacing defective Work in accordance with paragraph 13.12; and 5.4.13.. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). Addition see SC 5.4.14 OWNER'S Liobrlity Inry w,ce: S.S. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. .Replacement see SC 5.5 Propary Inswunce: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- ance upon the Work at the site in the a.iount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER. CONTRAC- TOR. Subcontractors, ENGINEER. ENGINEER's Con- sultants and any other persons or. entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed' as an insured or additional insured; • 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least • include insurance for physical loss or damage to the Work, temporary buildings. falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief. earthquake, collapse. debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors. ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. Replacement see SC 5.7 5.8; All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. Replacement see SC 5.6 21 3* required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. partial Utili:acon—Pr• perry insurance: ,:..5.15. , If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10. provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. - ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES' Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique. sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except. under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at -all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular, working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior writter. notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment. labor, transportation. con- struction equipment and machinery, tools. appliances, fuel. power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing. performance, testing, start-up and comple• Lion of the Work. . 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit ofOWN WN ER. If. required* by- ENGINEER. CONTRACTOR shall furnist satisfactory evidence (including reports of required tests) as tc the kind and quality of materials and equipment. All material≤ and equipment shall be applied, installed, connected, erected. used, cleaned and conditioned in accordance with instruction: of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. 'CONTRACTOR shall adhere to th'e progress schedule establishedin accordance. with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER fo: acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will nc change the Contract Times (or Milestones). Such adjust ments will conform generally to the progress schedule ther in effect and additionally will comply with any provisions o the General Requirements. applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraapi- 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. Addition see SC 6.6 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 usin€ the name of a proprietary item or the name of a particula Supplier., the specification or description ' is intended t establish the type, function and quality required. Unless tht specification or description contains or is followed by word: reading that no like, equivalent or "or -equal" • item or to substitution is permitted, other items of material or equip ment or material or equipment of other Suppliers may b. accepted by ENGINEER under the following circumstances 23 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 organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an 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 Docu- ments 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 con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER.. CONTRACTOR, ENGINEER. ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention. design, process. product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process. product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the oficers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or. if there are no Bids. on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges_ ot utility owners for connec- tions to the Work, and OWNER shall pay ail 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, neitherOWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. . Tares: 6.15. • CONTRACTOR shall pay ail sales, consumer. use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of 25 responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hain Communica on Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR. without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1.. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. . 6.24.2. CONTRACTOR, shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for_which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bets of each. Sample to be submitted will be as specified in the Specifications. 6.25. Subm�ral Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: . 6.25.1.1. all field measurements, quantities. dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar informatior with respect thereto, . 6.25.1.2. all materials with respect to intended use. fabrication, shipping.. handling, storage, assembly anc installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods. tech- niques, sequences and procedures of construction. and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents. such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be madeoneach Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. 'ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except . where a particular. means, method, technique. sc - quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract 27 the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment. completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 -OTHER WORK Additions..see`SC 7.5 Related Work at Sim: 7.1. OWNER may perform other work related to the Project at the site. by OWNERsown forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the factthat such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles II and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER. if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity. for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between. OWNER and such utility owners and other contractors. 73. 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. Coor:fina1iO I: 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:`x the, person. firm or corporation'who will have authority' and responsibility for coordination of the activities among the various prime contractors will be identified; .. 7.4.2. ,. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of'such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 --OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the_ site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. . Delete 8.5 . 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work; see paragraphs 13.10 -and 15.1. Paragraph 15.2 deals with OWNER's right to ternunate services of CON- TRACTOR under certain circumstances. 29 1 that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the.completed Project as a functioning whole, as, indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of -the -Work- as, provided in paragraph 13.9. whether or not the. Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive.. 9.8. In connection with ENGINEER's authority as to Change Orders. see Articles 10. 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment. see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR. unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement." entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER'S decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the . Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times 'will be referred initially to ENGINEER in writing with; a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixtydays after the start of such occurrence or event unless, ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim: dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal. if any. in accordance with this paragraph. ENGINEER'swritten .decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A,. "Dispute Reso- lution Agreement." entered into•between OWNER and CON- TRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within • sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning, as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limions ons on ENGINEER's Audtority and Responsibiiiees: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create. impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor.. any Supplier, any other person or organization. or to any surety for or em- ployee or agent of any of them. 31 be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3. inclusive); • 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2. on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall includeonly the following items and shall not include any of the costs itemized in paragraph 11.5:• 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. . 11.4.2. Cost of all materials and 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 CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and returns from sale of surplus materi- alsand equipment shall accrue to OWNER. and CON- TRACTOR shall make provisions so that they may be obtained. • 11.4.3.. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER • and CONTRACTOR and shall deliver such bids to OWNER who will then determine,.with theadvice of ENGINEER. whichbids, 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 Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to -the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation travel and subsistence expenses of CONTRACTOR's err: ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing. installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone 'directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. ' 33 I U Carh Aaowawess: 1 I.B.: It.is understood that CONTRACTOR has included in the. Contract- Price, all, allowances. so. named in the. Contract Documents and shall cause. the. Work so covered. tobe, fur- nished and performed for such sums as may.,be. acceptable to OWNER and ENGINEER. CONTRACTOR agrees ihat: 11.8. L-, the allowances includethe cost to CONTRAC- ..TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes: and 11.8.2.. CONTRACTOR's costs for unloading and han- dling on the site, labor. installation costs, overhead, profit and other. expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by • allowances, and the Contract 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. Determminations.of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACMR's overhead and profit for each sepa- rately identified item. Replace 11.93 with. SC 11.9.3 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article II if: . 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. ' there is no. corresponding, adjustment with respect to any other item of. Work-, and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- • lieves that OWNER is entitled. to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ' ARTICLE I2-- CHANGE OF CONTRACT TIMES 12.1. The Contract Times' (or Milestones) may only be changed by a Change Order -or a Written' Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to, the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the. entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance.. with paragraph 9.11 d OWNER and CONTRACTOR cannot' otherwise: agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in -accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Tunes (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the' Work. within the Contract Tunes (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 CONTRAcrOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR: any Subcontractor; any Supplier, any other person or organization,or to any surety for or employee or agent of any of them. for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR. or (ii) 35 shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety 'or other r,' PAY Corrrc ion or Ren+ovai of D fectrs wort 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directedeither 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. Correenoa Period. 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments. any Work is found to be defective. CONTRACTOR shall promptly; without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work: or. if it has been rejected by OWNER. remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage'to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply. with the terms of such instructions, or in 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 re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. - 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective:. Work (and damage .to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Accepmnce of Defective Wort 13.13. If. instead of requiring correction or removal and replacement of defective Work. OWNER (and. prior to ENGI- NEER'S recommendation of final payment, also ENGINEER) prefers to accept it. OWNER may do so. CONTRACTOR shall pay all claims. costs. losses 'and damages* attributable to OWNER's `evaluation of and determination to accept- such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price; and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 1 I . If the acceptance occurs after such recommenda- tion. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work. 13.14. if CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CON- TRACTOR fails to perform the.Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days" written notice to CONTRACTOR. correct and remedyany such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro. ceed expeditiously. In connection with. such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site. take possession of all or part of the Wart. and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR'S-toolsr appliances, construc- tion equipment and machinery at the site and incorporate in the - Work all materials and equipment stored at the site or for which OWNER has paid- CONTRACTOR' but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac. cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims. costslosses and damages will include but not be limited to all costs of repair or replace- ment of workof others destroyed or damaged by correction, removal or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWN ER of OWNER's rights and remedies hereunder. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION.: Schedade of Vatura:.... 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 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. OWNERhas actual knowledge of the occur- rnce of any . of the events enumerated. in paragraphs 14.7.1 through 14.7.3 or paragraphs O.2.1 through 5.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy. to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Subssansial Complriow: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that. ENGINEER issue a certificate of Substantial Completion: Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to- determine the status of completion. if ENGINEER does not consider the Work sub- stantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. lf: after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate:: ai ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with • respect to. security, operation, safety, maintenance, heat. utili- • ties. insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER's aforesaid ieconirnation will, be binding on OWNER and CONTRACTOR until final payment. .> 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utiliratsoat _. .. ...... , 14.10..: Use by. OWNER at.OWNER`s option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the, Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER. for its intended purpose without significant inter- ference with CONTRACTOR'S performance of the remainder of the Work. may be accomplished prior to Substantial Com- pletion of all the. Work subject to the following: . 14.10.1.� OWNER at many . time may. request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which.OWNER believes to be ready for its intended use and . substantially. complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTORwill certify to OWNER and ENGINEER that such part of -the Work is substan- tially complete and request ENGINEER to issue a certif- - icate of Substantial Completion for that part of the Work. CONTRACTOR at any. -tune may' notffy' OWNER and ENGINEER in writing.,that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of'paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto: . •14.10.2..: No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance.. Final ........ . . . 14.11.' Upon written notice from CONTRAC TOR that the entire Work or an agreed portion'thereof is complete, ENGI- NEER will make a final inspection•with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all 39 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited tofailure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progressschedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- dons of any public body having jurisdiction: 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety. if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of he Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs. losses and dam- ages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER. elect to terminate the Agreement. In such case. CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs. losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and I5.4.4. 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 Tehninaser 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided.OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER paynient on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy. if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted. or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement." to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10. 9.11, and 9.12, OWNER and CONTRACTOR may exercise 41 SUPPLEMENT TO THE GENERAL CONDITIONS The following Supplementary Conditions, amend or.supplement the. Standard General Conditions of the Construction Contract (EJCDC No. 1910-8,.1990 Edition) and other provisions of the Contract Documents.as indicated-below::..All provisions which are not so amended or supplemented remain in full, force and effect. SC -1 Definitions and Abbreviations: In addition to the provisions of Article .l, the following, supplemental definitions apply: "Owner" shall mean the City of Fayetteville, Arkansas, acting thorough its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701. . "Engineer" shall mean the City of Fayetteville Engineering Division (telephone 501-575-8206). Note "OWNER", "ENGINEER" and "OWNER and ENGINEER" may be used interchangeably. "Resident Project Representative" shall be the authorized representative of the t "Engineer". "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment of the contract by bonds, and whose signatures are attached to such bonds. "Advertisement". shall mean the all legal publications pertaining to the work of this contract. "Plans" shall mean, collectively, allof the drawings pertaining_ to the contract and made a part thereof, and also such supplementary drawings as the Engineer may issue from time to time in order to clarify the drawings, or for the purpose of showing changes in the work as authorized under -the section "Modifications and Alterations," or for the showing of details which are not shown thereon. "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 on file in the Engineer's office. Whenever the following abbreviations are used, they shall have the corresponding meaning as shown below: AASHTO - American Association of State Highway Officials ACI - American Concrete Institute AGA - American Gas Association AHTD - Arkansas Highway and Transportation Department ASHTD - Arkansas Highway and Transportation Department AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials ... AWG - American Wire Gage AWPA - American Wood Products. Association AWS American Welding Society AWWA - 'American Water Works Association GSA General Services Administration, U.S. Government.•. . 1 his power -of -attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. No employers' liability, public liability or workmen'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,_: SC5.1.2 Additional information. The Contractor shallprovide. the bonds as described in these sections within ten (10) days after the receipt of the NOTICE OF AWARD. For contracts in excess of $100,000.00 the bonds shall be.issued by a bonding `• company listed by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000.00, but -less than $1,000,000.00 - "B+" rating or higher and contract amount may not exceed 2.0% of the policyholder's ti surplus. (2) contracts in excess of $1,000,000.00 - "A" rating or higher and contracts may not exceed 2.0% of the policyholder's surplus. The expense of all bonds shall be borne by the CONTRACTOR. SC 5.2. Delete paragraph 5.2 of the General Conditions. in its entirety and replace with the following new paragraph 5.2: Sc 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, the CONTRACTOR shall within ten (10) days after notice from the bond company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an acceptable bond or bonds in such form and sum and signed by other surety or sureties as maybe satisfactory to the OWNER. The premiums on such bonds shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall.be made until the new surety or sureties shall have furnished an acceptable bond to the OWNER.' SC -5.3 Licensed Sureties and Insurers; Certificates of Insurance. SC5.3.1 Add the following new paragraph immediately after paragraph 5.3.1 of the General Conditions which reads as follows: The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. No employers' liability, public liability or workmen'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. SC5.3.2 Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor. . .") in its entirety. SC5.4. CONTRACTOR'S Liability Insurance: Add the following paragraphs immediately after .the 'respective. -paragraphs 3 contained in paragraph 5.4 of .the General Conditions: SC5.4.14 The limits for liability for the insurance required by parag..-aph 5.4 of the General Conditions shall provide coverage for not less than the fallowing amounts or the greater where required by law: Workers Compensation: 1) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence Comprehensive General Liability: $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability Bodily. Injury: $1,000,000.00 Each person S2,000,000.00 Each occurrence Property Damage: $500,000.00 . Each occurrence or a combined single limit of 52,000,000.00. SC5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: 5.5. OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgements of every nature and description brought or recovered against them by reason of omission or act of the CONTRACTOR, his agent(s), employees, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may. be. .liable, in the execution of the Work or guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect the OWNER and ENGINEER from contingent liability under this. contract. SCS.6 Property Insurance. Delete paragraph 5.6 of. the General Conditions in its entirety and insert the following in its place: 4 SC 6 - CONTRACTOR'S RESPONSIBILITIES Sc 6.6 - Progress schedules. Add •a new paragraph 6.6.3. immediately following paragraph 6.6.2 which shall read: 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. SC 6.30 CONTRACTOR'S General Warranty and Guarantee. Sc 6.30.3 - One Year Warranty. Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall read: For a period of one year, or longer if specified by special guarantees or by law, the Contractor shall at the Contractor's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work supplied under this contract, and pay for any damage to other works or property resulting from such defects. The Contractor shall hold the Owner and Engineer harmless from any liability of any kind arising from said defects. The effective date for the beginning of the one year warranty period will be as decided by the Engineer and will be either the date of the Engineer's recommendation for Final Payment in accordance with Article 14.13, Final Payment and Acceptance, or the date of Substantial Completion as specified in Article 14.8. The Contractor shall 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. SC 7 OTHER WORK SC 7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC 7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal 6 or equitable, against OWNER or ENGINEER or permit any action against them to be maintained and continued in CONTRACTOR'S name for benefitin any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage.or claim. . If CONTRACTOR is delayed at any time in' .: pieriorming.- or furnishing .Work: by, anyactor: neglect of a separate contractor. (or.separateparty). and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12 of the General Conditions. An extension of the Contract Time. shall_be,the..CONTRACTOR'S exclusive remedy with respect" to' OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER orENGINEER for activities that are their respective contractual responsibilities. SC -8 OWNER'S RESPONSIBILITIES SC 8.5- Delete paragraph 8.5 of the General Conditions in it's entirety. • Sc 10 CHANGES IN THE WORK Add a new paragraph 10.6 immediately following paragraph 10.5 of the General Conditions to read: 10.6. Limits of Authority. CONTRACTOR shall note and abide by the !following OWNER'S and ENGINEER'S limits of authority for changes in the Work which require a change in the Contract Price and Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - No authority. Engineer - No -authority. Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require theformal approval of the Fayetteville City Council. SC 11 CHANGE OF CONTRACT PRICE. SC 11.9. Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: 11.9.3 The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than. 25 percent from the estimated quantity of such item indicated . in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3 if CONTRACTOR believe that it has incurred additional expense as a result thereof; or I - 7 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% of said estimate until 50% of the work has been fully completed. At 50% completion, further partial payments shall be made to the contractor in full with no additional retainage unless the ENGINEER determines that the project is not progressing satisfactory, in which case additional retainage may be retained to a maximum of 10%. When the work is substantially completed, any retained amount may be paid to the contractor except the OWNER shall retain an amount sufficient to cover any work not yet completed. The release of retainage will be determined by the ENGINEER. If the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the Contract. Note, the failure of the Contractor to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. SC 14.4. Review of Applications for Progress Payment Delete the last sentence of paragraph 14.4 of the General Conditions and replace with the following: Afte.'- the required internal reviews and processing by the City of Fayetteville, the City will diligently proceed to make payment to the contractor, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments witnin.the 30 day period, but the City cannot guarantee the 30 days maximum time. EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CONTRACTOR Dated For use with EJCDC DISPUTE RESOLUTION AGREEMENT No. 1910-8 (1990 ed.) 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 then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2 No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renderers a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 16.4 Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially 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 the arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5 Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER of 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 as a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's consultants that does not otherwise exist. 16.6 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having 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. ITEM 225 SEEDING 225-1.1 DESCRIPTION: This item shall consist of furnishing and applying fertilizer, seed and water in accordance with these specifications at locations shown on the plans, or as directed. The work under this item shall be accomplished as soon as practicable after the grading has been completed in order to deter erosion of the embankment and slopes. 225-2.1 MATERIALS: Fertilizer shall be commercial grade, uniform in composition, free flowing and suitable for application with mechanical equipment. Fertilizer shall be delivered to the site in labeled containers which conform to current state fertilizer laws and bear the name, trademark, and warranty of the producer. The seed shall be labeled in accordance with current rules and regulations of the State Plant Board, shall have a minimum of 98% pure seed and 85% germination by weight, and shall contain no more than 1 % weed seeds. A combined total of 50 noxious weed seeds shall be the maximum amount allowed per pound of seed with the following exceptions: Johnson grass seed, wild onion seed, wild garlic seed, field bindweed seed or nut grass seed will not be allowed in any amount whatsoever. Seed which has become wet, moldy or otherwise damaged in transit or in storage will not be acceptable. Seed shall be an equal mixture of creeping red fescue and Kentucky blue grass applied at the rate of 20 pounds per acre. Fertilizer shall be 10-20-10, or the equivalent amount of plant food, and shall be applied at the rate of 500 pounds per acre. •► :1JIi i•iii■•. Areas to be seeded shall be dressed to the shape and section shown in the plans. All topsoil shall be replaced prior to any preparations for seeding. The area shall be loose, free of large clods or rocks and excessive moisture. TS -225-1 Copyright© 1996 ;: -,�, ; Crafton, Tull & Associates; Inc. Fertilizer shall be uniformly incorporated into the soil to a depth of at least two inches. Seed may be broadcast by hand seeders or by approved power equipment. Either method shall result in uniform distribution and no work shall be performed during high winds. The area seeded shall be lightly firmed with a cultipacker immediately after broadcasting. Seeding shall be paid for at the lump sum contract price. TS -225-2 Copyright ® 1996 Crafton, lull & Associates, Inc. ITEM 202 CLEARING AND GRUBBING This item shall consist of clearing and grubbing, including the disposal of materials, for all areas within the limits designated on the plans or as required by the Engineer. Clearing and grubbing shall consist of clearing the surface of the ground of the designated areas of all trees, stumps, down timber, logs, snags, brush, undergrowth, hedges, heavy growth of grass or weeds, fences, structures, debris, and rubbish of any nature, natural obstructions or such material which in the opinion of the Engineer is unsuitable for the foundation of pavements, or other required structures, including the grubbing of stumps, roots, matted roots, foundations, and the disposal from the project of all spoil materials resulting from clearing and grubbing by burning or otherwise. 202-2.1 MATERIALS: None. �'� •► : •► a ■•t A. General: The areas denoted on the plans to be cleared and grubbed under this item shall be staked on the ground by the Engineer unless specified otherwise. The clearing and grubbing shall be done at a satisfactory distance in advance of the grading operations. All spoil materials removed by clearing and grubbing shall be disposed of by burning or by removal to approved disposal areas. Piles for burning shall be placed either in the cleared areas near the center or in adjacent open spaces where no damage to trees, other vegetation or other property will occur. The contractor will be responsible for controlling fires in compliance with all Federal and State laws and regulations relative to building fires at the site. Ashes resulting from burning shall be removed and disposed of when directed by the Engineer. As far as practicable, waste concrete and masonry shall be placed on slopes of embankments or channels. When placed on slopes or channels, this material shall be placed in accordance with requirements TS -202-1 Copyright ® 1996 Crafton, Tull & Associates, Inc. for formation of embankments. Any broken concrete or masonry which cannot be used in construction, and all other materials not considered suitable for use elsewhere, shall be disposed of by the Contractor. In no case shall any discarded materials be left in windows or piles adjacent to or within the project limits. The manner and location of the disposal of materials shall be subject to the approval of the Engineer and shall not create an unsightly or objectionable view. When the Contractor is required to locate a disposal area outside the project limits at his own expense, he shall obtain and file with the Engineer, permission in writing from the property owner for the use of private property for this purpose. Any blasting necessary shall be done at the Contractor's responsibility, and the utmost care shall be taken not to endanger life or property. The removal of existing structure and utilities required to permit orderly progress of work shall be accomplished by local agencies, unless otherwise shown on the plans. Whenever a telephone or telegraph pole, pipeline, conduit, sewer, roadway, or other utility is encountered and must be removed or relocated the Contractor shall advise the Engineer who will notify the proper local authority or Owner and attempt to secure prompt action. B. Clearing and Grubbing: The Contractor shall clear and grub the staked or designated areas of all objectionable materials. Trees unavoidably falling outside the specified limits must be cut up, removed, and disposed of in a satisfactory manner. In order to minimize damage to trees that are to be left standing, trees shall be felled toward the center of area being cleared and grubbed. The Contractor shall preserve and protect from injury all trees not to be removed. In the areas indicated to be cleared and grubbed, all stumps, roots, buried logs, brush, grass, and other unsatisfactory materials shall be removed. Tap roots and other projections over 1-1/2 inches in diameter shall be grubbed out to a depth of at least 18 inches. Fences shall be removed and disposed of when directed by the Engineer. Fence wire shall be neatly rolled and the wire and posts stored on the project if they are to be used again, or stored at a designated location if the fence is to remain the property of a local owner or of a civic authority. Any buildings and miscellaneous structures that are shown on the plans to be removed shall be demolished or removed, and all materials therefrom shall be disposed of either by burning or otherwise removed from the site as specified in Item 207, "Common Excavation". TS -202-2 Copyright ® 1996 Crafton, Tull & Associates, Inc. All holes remaining after the grubbing operation in embankment areas shall have the sides broken down to flatten out the slopes, and shall be filled with acceptable material, moistened and properly compacted in layers to the density required in Item 207. The same construction procedure shall be applied to all holes remaining after grubbing in excavation areas where the depth of holes exceeds the depth of the proposed excavation. None None TS -202-3 Copyright© 1996 Crafton, lull & Associates, Inc. ITEM 301 PORTLAND CEMENT CONCRETE This item shall consist of concrete in bridges, culverts, and miscellaneous structures, including the concrete portion of steel, timber, stone masonry, precast, prestressed, and composite structures, prepared and constructed in accordance with these Specifications and conforming to lines, grades, dimensions, and designs shown on the Plans. Concrete shall consist of approved portland cement, fine aggregate, coarse aggregate, water, and any approved chemical admixtures mixed in the proportions specified for the various classes of concrete. 301-2.1 MATERIALS: The materials used in concrete shall conform to the requirements specified below. No materials shall be used which contain foreign matter, frost, or lumps or crusts of hardened substances. A. Cement: Portland cement shall conform to the requirements of AASHTO M 85. Unless otherwise specified, Type I shall be furnished. Type II cement shall be used for Class B and B(AE) concrete. During the cool season of the year, the Engineer may approve the use of Type I cement in lieu of Type II cement for Class B and B(AE) concrete. Upon approval of the Engineer, Type III cement may be used in the manufacture of prestressed concrete products. Cement furnished in sacks shall weigh not less than 94 pounds net per sack. The use of cement salvaged from used or discarded sacks will not be allowed. The mixing or alternate use of different brands of cement will not be permitted. Cement placed in storage shall be suitably protected. Loss in quality occurring during the storage period will be cause for rejection. If the cement furnished produces erratic results under the field conditions incident to the placing of the concrete, or in regard to the strength of the finished product, or in the time of the initial or final set, the Contractor shall, without notice from the Engineer, cease the use of that brand of cement. TS -301-1 Copyright © 1996 Crafton, Tull & Associates, Inc. B. Fine Aggregate: The fine aggregate shall consist of clean, hard, durable particles of natural sand or other approved inert material with similar characteristics. When determined necessary by visual observation, the amount of deleterious substances will be tested by laboratory methods and will not exceed the following limits: Maximum Permissible Percent by Weight Coal & lignite (AASHTO T 113) 0.25 Clay lumps (AHTD Test Method 302) 0.5 Removed by decantation (AASHTO T 11) 2 Soft and flaky particles 2 (AHTD Test Method 302) All fine aggregate shall be free from injurious amounts of organic impurities. Aggregates shall be subjected to testing in accordance with AASHTO T 21. Should AASHTO T 21 produce results which indicate that the sand may possibly contain injurious organic compounds, mortar strength test specimens shall be tested in accordance with AHTD Test Method 530. Fine aggregate shall be reasonably well graded from coarse to fine and shall conform to the following grading requirements when tested in accordance with AASHTO T 27: 3/8" 100 #4 95-100 #8 70-95 #16 45-80 #30 20-60 #50 5-30 #100 0-5 Fine aggregate from any one source shall be uniform to a reasonable degree in gradation with the representative sample with the further provision that aggregate supplied from any one source having a variation in fineness modulus greater than 20 points either way from the fineness modulus of the representative sample will not be TS -301-2 Copyright ® 1996 Crafton, lull & Associates, Inc. accepted. When approved by the Engineer, the source of fine aggregate may be changed in all work except bridge superstructures, but the mixing or alternate use of different sources of fine aggregate will not be permitted. C. Coarse Aggregate: gate: The coarse aggregate shall consist of crushed stone or gravel. Crushed stone shall consist of clean and durable fragments of rock of uniform quality. The stone shall have a percent of wear or not more than 40 by Los Angeles Test (AASHTO T 96), and, when subjected to 5 cycles of the Soundness Test (Sodium Sulfate, AASHTO T 104) shall have a loss not to exceed 12%. Gravel shall consist of clean, hard, durable, uncoated aggregate, crushed or uncrushed, having a percent of wear of not more than 40 by Los Angeles Test (AASHTO T 96). When determined necessary by visual observation, the amount of deleterious substances will be tested by laboratory methods and will not exceed the following limits: Maximum Permissible Percent by Weight Coal & lignite (AASHTO T 113) 0.25 Clay lumps (AASHTO T 112) 0.25 Soft Fragments (AASHTO T 112) 5 Total deleterious substances 5 Removed by decantation (AASHTO T 11) 1 The maximum percentage by weight removed by decantation (AASHTO T 11) from crushed stone coarse aggregate may be increased to 1.5% provided the percent loss (AASHTO 11) from the fine aggregate does not exceed 1.0%. Coarse aggregate size shall be reasonably well graded from coarse to fine and shall conform to the following grading requirements when tested in accordance with AASHTO T 27: TS -301-3 Copyright ® 1996 Crafton, Tull & Associates, Inc. 1-1/4" 100 3/4" 35-75 3/8" 10-30 #4 0-5 3" 100 1-1/4" 35 -65. 3/4" 15-40 #4 0-5 Coarse aggregate from any one source shall not vary as to maximum size and shall be uniform to a reasonable degree in gradation with the representative sample, with the further provision that aggregate furnished from any one source having a variation in fineness modulus greater than 20 points either way from the fineness modulus of the representative sample will not be accepted. When approved by the Engineer, the source of coarse aggregate may be changed in all work except bridge superstructures, but the mixing or alternate use of different sources of coarse aggregate will not be permitted. D. Water: Water used in mixing or curing shall be clean and free from injurious amounts of oil, salts, or other deleterious substances, and shall not contain more than 1,000 parts per million of chlorides. Water from municipal supplies approved by the State Health Department will not require testing but water from other sources shall be sampied and tested before use in concrete. Tests will be made in accordance with AASHTO T 26. Where the source of water is relatively shallow, it shall be maintained at such depth and the intake so enclosed as to exclude silt, mud, grass, or other foreign materials. TS -301-4 Copyright © 1996 Crafton, Tull & Associates, Inc. Nonni-To11 . _ - General: Admixtures shall be used to improve certain characteristics of the concrete when specified on the Plans or may be used when requested by the Contractor and approval is given by the Engineer. The Contractor's request shall be supported with the Manufacturer's certified formulation of the proposed admixture and with sufficient evidence that the proposed admixture has given satisfactory results on other similar work. Permission to use the admixture may be withdrawn at any time by the Engineer when satisfactory results are not being obtained. Admixtures shall be approved by the Engineer. Admixtures shall be compatible with each other, as advised by the Manufacturer. The admixture dosage rate range as recommended by the Manufacturer shall be used. Should the dosage rate for any admixture not yield desirable characteristics in the concrete, the dosage of admixture used shall be based on test results obtained by trial batches. Admixtures shall be added to the mixing water by means of a mechanical dispenser which will accurately meter the additive throughout the mix water cycle. The dispenser shall be constructed and connected so that the Inspector can make ready determination of the amount of admixture entering the mixing water. 2. Air Entraining Agent: Air -entraining agent, when specified or approved, shall comply with the requirements of AASHTO M 154. The Contractor shall submit evidence based on tests made in a recognized laboratory to show that the air -entraining admixture conforms to the requirements of AASHTO M 154 for 7 and 28 day compressive strengths and resistance to freezing and thawing, except as provided in the following paragraph. Tests for bleeding, bond strength, and volume change will not be required. A recognized laboratory is any State highway, FHWA, or cement concrete laboratory regularly inspected by the Cement and Concrete Reference Laboratory of the National Bureau of Standards. Tests may be made upon samples taken from a quantity submitted by the Contractor for use on the project or upon samples submitted and certified by the Manufacturer as representative of the admixture to be supplied. TS -301-5 Copyright ® 1996 Crafton, lull & Associates, Inc.. An exception to the requirements in the preceding paragraph is the case of admixtures which are manufactured by neutralizing Vinsol resin with caustic soda (sodium hydroxide). When the Contractor proposes to use such an admixture he shall submit a certification concerning the admixture in the following form: "This is to certify that the product (trade name) as manufactured and sold by the (company) is an aqueous solution of Vinsol resin that has been neutralized with sodium hydroxide. The ratio of sodium hydroxide to Vinsol resin is one part of sodium hydroxide to (number) parts of Vinsol resin. The percentage of solids based on the residue dried at 105°C is (number). No other additive or chemical agent is present in this solution." When the Contractor proposes to use an. air -entraining admixture which has been previously approved, he shall submit a certification stating that the admixture is the same as that previously approved. If an admixture offered for use is essentially the same (with only minor differences in concentration) as another previously approved material, a certification will be required stating that the product is essentially the same as the approved admixture and that no other admixture or chemical agent is present. 3. Retarding Agent: In order to permit the retarding of the set and extend the finishing time of concrete, a retarding agent shall be used when specified on the Plans or may be used when permission for its use is requested by the Contractor and such permission is given by the Engineer. The retarding agent shall be a Type B or Type D admixture as defined in AASHTO M 194. The Contractor shall support his request with a Manufacturer's certified formulation of the proposed agent and with sufficient evidence that the proposed agent has given satisfactory results on other similar work. Permission to use the agent may be withdrawn at any time by the Engineer when satisfactory results are not being obtained. The agent shall be free of chlorides. When air -entrained concrete is specified, the air -entraining agent and the retarding agent shall be so incorporated that the air content of the concrete shall fall •'i within the percentage range stipulated in the specifications. When air -entrained concrete is not specified, the concrete to which the retarding agent has been added shall have an air content not greater than 3 percent. TS -301-6 Copyright © 1996 Crafton, Tull & Associates, Inc. On small jobs, storage in the open may be permitted by written authorization from the Engineer, in which case a raised platform and ample waterproof covering shall be provided. 301-2.3 Seven classes of concrete are provided for in these specifications, 4 classes of non air -entrained concrete and 3 classes of air -entranced concrete. The appropriate class of concrete shall be used in the part of the structure as specified or where designed by the Engineer, the classes are as follows: Class A Class B Class S Seal Class A(AE) Class B(AE) Class S(AE) The following requirements shall govern unless otherwise shown on the Plans: Class A or A(AE) concrete shall be used in wingwalls and miscellaneous construction. Class B or B(AE) concrete shall be used in mass concrete. Class S or S(AE) concrete shall be used in retaining walls, box culverts, footings, piers, bents, columns, abutments, and super -structures, including girders and beams, floor slabs, and concrete railings. Seal concrete shall be used for concrete deposited under water. 301-2.4 A. Mix Design: 1. The concrete mixture shall be proportioned to insure a workable and durable concrete for the various classes, as specified in Table 301-1. For all classes of concrete except B and B(AE), the concrete materials shall be proportioned as determined by the Engineer TS -3o1-8 Copyright© 1996 Grafton, Tull & Associates, Inc. using the Absolute Volumes method in accordance with the requirements for the Class specified. The Engineer will not perform any pre -bid testing of materials. It will be the Contractor's responsibility to locate acceptable materials sources unless the sources are so noted in the Plans or Special Provisions. The Contractor will not perform any pre -bid testing of materials. It will be the Contractor's responsibility to locate acceptable materials sources unless the sources are so noted in the Plans or Special Provisions. The Contractor shall make available to the engineer all aggregates, cement, and additives which he proposes to use in the mix sufficiently in advance of the first pour to allow for review of the Concrete Mix Design. The Contractor and/or his concrete supplier will establish a mix design which will be suitable for each class of concrete, except B and B(AE), to be supplied for the Project. The mix design for each class of concrete shall be approved by the Engineer and will remain in effect unless modified in writing by the Engineer. TS -301-9 Copyright ® 1996 Crafton, Tull & Associates, Inc. TABLE 301-1 CLASS OF CONCRETE CHARACTERISTIC A A(AE) B B(AE) S S(AE) Seal Minimum 2100 2100 3000 3000 3500 4000 2100 Compressive Strength (psi at 28 days) Minimum Cement 5.5 5.5 '` "' 6.5 6.5 6.0 Factor (bags per cu. yd) Maximum Net 6.5 6.5 '' 5.5 5.5 6.5 Water Content Per Bag (94 Ib) of Cement (Gallons) Slump Range 1-4 1-4 1-4 1-4 1-4 1-4 4-8 (Inches) Air Content — 5+2 — 5+2 — 5±2 -- Range (%) As determined by trial batch. Maximum water -cement ratio is 0.49. In addition, Class B and B(ae) shall obtain 3500 psi compressive strength in the trial batch at 90 days. -- Class S or S(AE) concrete for use in prestressed concrete members shall have a minimum compressive strength of 5000 psi (28 days) or as shown on the Plans. The maximum size of coarse aggregate shall be 1 inch. TS -301-10 Copyright © 1996 Crafton. Tull & Associates, Inc. 2. Class B and B(AE): The Contractor shall develop a trial batch for Class B or B(AE) concrete. The mix design shall produce a workable and durable concrete with the strength requirements specified in Table 301-1 and shall have a low heat of hydration when placed in large quantities. the materials shall be proportioned and test specimens submitted to the Engineer for testing and approval. Several mixes may be submitted, and the mix to be used on the job chosen from the results. Approved admixtures must be included in the trial batch. Fly ash, if approved in writing by the Engineer, conforming to ASTM C 618 may be substituted for a part of the type II Cement not to exceed 120 pounds per cubic yard, and shall be included in the calculation of the water -cement ratio. Ninety -day test specimens will be required for the trial batch. For construction purposes, the sampling and testing will comply with standard procedures for sampling and testing. B. Trial Batches: Mix designs proposed by the Engineer or the Contractor for all Class S(AE) concrete shall be tested by trial batches using the specific materials, including admixtures that are intended for use on the job. The Contractor shall prepare a batch of at least 2 cubic yards. This batch shall be sampled and tested by the Engineer for compliance with the specifications for slump, air content, and compressive strength. A mix design may be approved with respect to compressive strength when at least two test cylinders show the minimum required strength value at any age between 7 days and 28 days, inclusive. In lieu of the above procedure, the Contractor may prepare trial batches in a laboratory in accordance with AASHTO T 126. These trial batches shall be accomplished by the Contractor under the observation of the Engineer. Sampling and testing will be conducted by the Engineer. With the approval of the Engineer, the Contractor may retain an independent laboratory or a Registered Professional Engineer to prepare and test trial batches. In this case, trial batch information and laboratory results shall be furnished to the Engineer along with a statement certifying that the testing was performed in accordance with the Specifications. All trial batches required by these Specifications or developed at the option of the Contractor shall be accomplished by the Contractor and shall be subject to the review and approval of the Engineer. C. Compressive strengths for all classes of concrete will be determined from test cylinders made in accordance with AASHTO T 23. If the strength TS -301-11 Copyright © 1996 Crafton, Tull & Associates, Inc. required for the class of concrete being produced is not obtained with the minimum cement content specified, additional cement shall be used at no extra cost to the Owner. When air -entrained concrete is specified, the air -entrainment shall be accomplished by adding to the mixing water the proper amount of air -entraining agent in solution. The Contractor shall determine the amount of admixture required to produce an air content within the range specified. The amount of air entraining agent shall be adjusted by the Contractor during production as necessary to keep the air content within the range specified. D. Fly Ash: Fly ash may be used, if approved in writing by the Engineer, as a partial replacement not exceeding 25 percent by weight for the cement in all classes of concrete except Class B or B(AE) concrete. Class B or B(AE) concrete shall meet the requirements specified in 401-2.4(B) above. Mixtures with fly ash shall meet the same requirements as mixtures without fly ash. Fly ash will not be allowed as a substitute for high early strength or blended cements. Class F fly ash shall not be used in bridge deck concrete placed between October 15 and April 1. When fly ash is used, the total weight of both cement and fly ash will be used in design calculations. When the Contractor elects to use fly ash as a partial replacement for the cement in Class S or Class S(AE) concrete, the proposed mix design shall be tested by the preparation and testing of trial batches in accordance with 301-2.4(B) above. Trial batches will not be required for Class A or Class A(AE) concrete. During the progress of work, concrete test specimens will be made by an approved testing laboratory. Slump will be determined using AASHTO T 119. Air content will be determined using AASHTO T 152. . Compressive strength specimens will be made in accordance with AASHTO T 23 and tested in accordance with AASHTO T 22. Specimens for determining when forms may be removed, when a structure may be put in service, or when concrete piling may be driven will be cured, as early as practicable, in the same manner as the concrete in the structure and in accordance with AASHTO T 23. TS -301-12 Copyright © 1996 Crafton, Tull & Associates, Inc. Falsework which cannot be founded on a satisfactory footing shall be supported on piling which shall be spaced, driven, and removed as specified in the Contractor's falsework details. 301-2.13 FORMS: A. Standard Forms: Forms shall be mortar -tight and of sufficient rigidity to prevent distortion due to the pressure of the concrete and other loads incident to the construction operations. Forms shall be constructed and maintained so as to prevent warping and the opening of joints due to shrinkage of the lumber. The forms shall be substantial and unyielding and shall be so designed that the finished concrete will conform to the proper dimensions and contours. The design of the forms shall take into account the effect of vibration of concrete as it is placed. Forms for exposed surfaces shall be made of dressed lumber or plywood of uniform thickness, steel, or other approved materials which will provide a smooth surface, and shall be mortar -tight. Forms shall have a 3/4" fillet at all sharp corners unless otherwise directed. In the case of projections, such as girders and copings, forms shall be given a bevel or draft to insure easy removal. Metal snap -ties within the forms shall be so constructed as to permit their removal to a depth of at least 1" from the face of the concrete. Fittings for metal snap -ties shall be of such design that, upon removal, the cavities which are left will be of the smallest possible size. Metal inserts or anchorages within the forms shall be so constructed as to permit their removal to a depth of at least 1" from the face of the concrete or be covered by being embedded a minimum of 1" in the concrete. In case ordinary wire ties are permitted, all wires, upon removal of the forms, shall be cut back at least 1/4" from the face of the concrete. All cavities shall be filled with cement mortar and the surface left sound, smooth, even, and uniform in color. Forms shall be set and maintained true to the line designated until the concrete is sufficiently hardened. Before depositing new concrete on or against concrete which has hardened, the forms shall be re -tightened. Forms shall remain in place for the periods specified in Subsection 301-2.14. When forms appear to be unsatisfactory in any way, either TS -301-24 Copyright © 1996 Grafton, lull & Associates, Inc. before or during the placing of concrete, the Engineer shall order the work stopped until the defects have been corrected. The shape, strength, rigidity, watertightness, and surface smoothness of re -used forms shall be maintained at all times. Any warped or bulged lumber must be re -sized before being re -used. For narrow walls and columns, where the bottom of the module is inaccessible, the lower portions of the forms shall be so constructed to facilitate cleaning out of extraneous material immediately before placing the concrete. Forms shall be cleaned before being set to line and grade and shall be oiled prior to placing reinforcing steel in the vicinity of the forms. Materials or methods used in oiling the forms shall not result in the discoloration of the concrete. In lieu of the conventional stationary forms, concrete parapet rail may be constructed by using an extrusion machine or other equipment specifically designed for constructing cast -in -place concrete parapet rail, provided the finished barrier is true to line and grade and the concrete is properly consolidated. B. Permanent Steel Deck Forms: An approved type of galvanized steel form, complying with the requirements shown on the Plans and these Specifications, may be used as an alternate to conventional removable forms for forming the bridge deck between the exterior beams or girders. These forms shall be designed to provide not less than the minimum concrete cover shown on the Plans for all reinforcing bars in the bottom of the slabs. The effective design depth of slab shall be maintained over the entire area of the deck. Provision shall be made to provide encasement of top flanges of beams or girders in compression except where shear connectors are provided. Detailed plans of proposed permanent steel deck forms shall be submitted to and approved by the Engineer before work of forming the bridge deck is started. The approval of the Contractor's Plans shall not be considered as relieving the Contractor of any responsibility for the results obtained by the use of these approved Plans. Construction shall be in accordance with the approved Plans. All material and elements of the permanent steel deck form units shall be fabricated from steel conforming to ASTM A 446 (Grades A through E) having a coating class of G 165 according to ASTM A 525. Thickness TS -301-25 Copyright © 1996 Crafton, lull & Associates, Inc. and grade of form sheets and form supports shall be designated on the Shop Drawings. In no case shall thickness be less than 22 gauge for sheets and 16 gauge for form supports. Permanent steel forms shall be designed on the basis of the dead load of the form, reinforcement, and the plastic concrete plus 50 psf for construction loads. Unit working stresses shall be in accordance with the standard specifications for construction loads and the unit stress in the steel sheet shall be not more than 0.725 of the specified minimum yield strength of the material furnished but not to exceed 36,000 psi. Maximum deflection shall be calculated using the weight of plastic concrete, reinforcement, and forms, or 120 psf, whichever is greater. Maximum deflection shall not exceed 1/180 of the form span or 1/2" whichever is less. The form span for design and deflection shall be the clear distance between supports plus 2", but not less than the clear distance between the flanges of the supporting beams less 4" measured parallel to the form flutes. Physical design properties shall be computed in accordance with requirements of the latest edition of AISI Specifications for the Design of Cold -Formed Steel Structural Members. All reinforcement shall have a minimum concrete cover of 1 inch. Bars in the bottom layer of the main reinforcement shall be approximately centered over the valleys of the forms when necessary to achieve the minimum 1" concrete cover. The distance from the top of the slab to the bottom layer of main slab reinforcement shall be not less than that shown on the Plans. Permanent steel forms should not be used in panels where longitudinal slab construction joints are located between stringers. All forms shall be installed in accordance with detailed fabrication plans submitted to the Engineer for approval. The fabrication plans shall clearly indicate locations and methods of attachment where the forms are supported by steel beam flanges subject to tensile stresses and without shear connectors. Form sheets shall not be permitted to rest directly on the top of the stringer or floor beam flanges. Sheets shall be securely fastened to form supports and shall have a minimum bearing length of 1" at each end. Form supports shall be placed in direct contact with the flange or stringer or floor beam. All attachments shall be made by welds, bolts, clips, or other approved means. However, welding of form supports to flanges of TS -301-26 Copyright © 1996 Crafton, Tull & Associates, Inc. steels other than ASTM A 36, A 441, A 588, and A 572 of a weldable gradeand to those portions of a flange subject to tensile stresses shall not be permitted. Welding shall be accomplished by certified welders and in accordance with ANSI/AASHTO/AWS D1.5-88. Except that 1/8" fillet welds will be permitted. Provisions shall be made to keep the panels at an acceptable temperature before placement of concrete. Calcium Chloride or any other admixture containing chloride salts shall not be used in the concrete placed on permanent steel deck forms. After the deck concrete has been placed for a minimum of 2 days, the following inspection procedure shall be followed: The forms shall be tested for soundness of the concrete and bonding of the forms to the concrete by striking the form a sharp blow with a geologist hammer. As a minimum, the forms shall be struck at 10' intervals parallel to and 6" from the edge of the steel beam, and at 10' intervals along the centerline of each bay between the beams in an X pattern with those along the beams, and at random points on a semicircle or circle, as applicable, with approximately 2' radius from the above points. They shall be struck in other places as directed by the Engineer to define any suspicious or defective area. Areas where efflorescence is evident shall be thoroughly investigated. The Contractor shall furnish all facilities such as ladders, scaffolding, etc., that will provide for a thorough inspection of the forms. The striking of the forms shall be accomplished in such a manner and at a time that the sound is clearly audible. Properly bonded sheets attached to sound concrete will emit a clear rig when struck a sharp blow with a hammer. Honeycomb concrete and/or unbonded areas will give a different sound such as a thud or clatter. The forms shall be removed full width between beams whenever the Engineer suspects that honeycomb or unbonded areas exist so that the Engineer may make a visual examination of the concrete surface. Any defective concrete shall be repaired to match the adjacent concrete to the satisfaction of the Engineer. Where the use of the hammer as a testing device is neither practical nor feasible, the forms may be tested after the deck has been placed a minimum of 10 days using a rifle firing 22 caliber short special gallery type ammunition in lieu of the hammer. The angle of incidence between the TS -301-27 Copyright © 1996 Crafton, Tull & Associates, Inc. plane normal to the forms and the trajectory of the bullet shall be held to a minimum. If sheets are properly bonded to sound concrete, a very light dent will be made in the metal and the spelter coating will not be damaged. A plainly visible bright spot will remain around the dent. If a small void or slight honeycomb exists behind the form, a deep dent, with metal cracked in the bottom of dent, will result. If honeycomb exists, a clean hole approximately 1/4" in diameter will result. The actual depth of void can be seen when viewed through a transit or telescopic sights. Where this is the case, the form shall be removed full width between beams so that the Engineer may make a visual examination of the concrete surface. Any defective concrete shall be repaired to match the adjacent concrete to the satisfaction of the Engineer. The amount of sounding and form removal may be reduced at the Engineer's discretion, after a substantial amount of slab has been constructed and inspected, if the Contractor's methods of construction and the results of the inspections as outlined above indicate that sound concrete is being obtained throughout. If the Contractor varies his procedures significantly, the initial inspection procedure shall be used to verify that the new conditions are yielding desirable results. Any forms which must be removed because of unsatisfactory test results shall be removed by a metal saw or air -carbon -arc gouging with minimum damage to the concrete. The cut in the forms parallel t the corrugations shall be located in a non -horizontal lap section of the corrugation. The cuts parallel to the beam shall be through the supporting angles taking care not to damage the structural steel beams. All concrete which is found defective or is damaged in removing a section of the form for inspection shall be repaired to match the adjacent concrete in section and color. All repair work shall be completed to the satisfaction of the Engineer. Payment for forms will be made and fully covered under the unit price bid for superstructure concrete. No direct or additional payment of any kind will be made because of the use of these forms. Payment will be made for Class S(AE) concrete in place in the bridge decks on the basis of the TS -301-28 Copyright © 1996 Crafton, lull & Associates, Inc. thickness specified on the Plans not including any excess thickness used and not including any concrete in portions of haunches which may be omitted because of the use of these forms. 301-2.14 In the determination of the time for the removal of falsework and forms and the discontinuance of heating, consideration shall be given to the location and character of the structure, the weather and other conditions influencing the setting of the concrete, and the materials used in the mix. Removal of falsework and forms shall be in accordance with the following schedule: Minimum Strength Time Requirement Bottom Forms for Deck Slabs, 7 days Min. Spec. Beams, and Caps Top Slabs of RC Box Culverts 7 days 80% Spec. Forms for Columns and 24 hours N/A Vertical Walls Side Forms for Footings, 12 hours N/A Beams, and Caps Side Forms for Parapets, Median 6 hours N/A Barriers, and Curb Faces Forms on surfaces which will require a Class 2 finish in accordance with Subsection 301-2.18 shall be removed at the earliest time permitted under these Specifications in order to begin finishing operations. Forms and their supports shall not be removed without the approval of the Engineer. Supports shall be removed in such a manner as to permit the concrete to uniformly and gradually take the stresses due to its own weight. Methods of form removal likely to cause overstressing of or damage to the concrete shall not be used. TS -301-29 Copyright © 1996 Crafton, Tull & Associates, Inc. When the ambient temperature at the placement site is 85 degrees F. and rising, an approved retarding agent shall be required in all concrete used in bridge superstructures. A retarding agent will not be required in concrete used for bridge deck curb, parapet, railing, posts, sidewalks, or median treatment provided they are not placed monolithically with the deck itself. When the internal temperature of the plastic concrete in bridge decks reaches 85 degrees F., the Contractor shall take the necessary precautions to insure that the temperature of succeeding batches does not exceed 90 degrees F. Concrete batches with temperatures in excess of 90 degrees F. will be rejected. This method used to control the concrete temperature shall be approved in writing by the Engineer. The temperature of the plastic concrete shall be determined immediately prior to its being deposited in the forms by inserting a thermometer to a depth consistent with the capabilities of the thermometer being used to obtain a true reading. Prior to beginning placement, the Contractor shall insure that sufficient materials, labor, and equipment are available during placement to implement the previously approved cooling process. The maximum mix temperature for all Class B and B(AE) concrete at time of placing shall be 75 degrees F. This requirement will be strictly adhered to and any concrete delivered to the job site which does not meet this provision will be rejected. Methods used to meet this requirement shall be submitted to the Engineer for approval. Methods that may be used to meet this provision include using ice in the mixing water, storing cement and aggregates in cool or shaded locations, and/or watering down of coarse aggregates. Cooling by watering of fine aggregates will not be allowed. No concrete shall be placed unless the temperature of the concrete is more than 50 degrees F. when placed. If heating of the ingredients is necessary to meet this criterion, it shall be accomplished by a method such as dry heat or steam and not by direct flame. Water shall not be heated to more than 180 degrees F., and shall be combined with the aggregate before the addition of cement. Frozen aggregates may not be used. After concrete is placed, it shall be protected by insulated forms, blankets, enclosing and heating, and/or any other method approved by the TS -301-30 Copyright © 1996 Crafton, Tull & Associates, Inc. Engineer which will maintain the temperature adjacent to the concrete at a minimum of 50 degrees F. for at least 5 days. For Class B and B(AE) concrete, forms shall remain in place 4.days after placing any time the temperature is below 40 degrees F. or forecast to drop below 40 degrees F. In addition, exposed top surfaces of the concrete shall be protected with an insulated blanket. The surface of the concrete shall not be saturated when it is exposed to freezing air temperatures. The Contractor shall have available and ready for immediate use sufficient materials and equipment for maintaining the temperature of the concrete as required above. Concrete that has been frozen or damaged due to weather conditions shall be removed and replaced by the Contractor at no cost to the Owner. A. Materials: Materials used in curing concrete shall conform to one of the following types: 1. Burlap -polyethylene sheeting shall meet the requirements of AASHTO M 171. 2. Polyethylene sheeting shall meet the requirements of AASHTO M 171. 3. Copolymer/synthetic blanket shall meet the requirements of AASHTO M 171. Copolymer/synthetic blankets shall be a composite of a copolymer membrane material coated over a layer of absorbend nonwoven synethic fabric weighing at least 6 ounches per square yard, uniform in appearance, and free from visible defects. 4. Other approved sheeting materials shall meet the requirements of AASHTO M 171. 5. Membrane curing compound shall meet the requirements of AASHTO M 148 of the type approved by the Engineer. B. Application: The exposed concrete, immediately after finishing, shall be covered with one of the curing materials listed above and shall be kept continuously and thoroughly wet for a period of not less than 5 days after TS -301-31 Copyright ® 1996 Crafton, lull & Associates, Inc. ITEM 310 REINFORCING STEEL FOR STRUCTURES This item shall consist of reinforcing steel and miscellaneous accessories of the quality, type, size, and quantity designated, which shall be furnished and placed in concrete structures in accordance with these Specifications and in conformity with the details shown on the Plans, or as directed. A. Bar Reinforcement: Bar reinforcement for concrete in sizes up to and including #18 shall conform to the requirements of ASTM A 615orA617. B. Wire and Wire Fabric: Wire shall conform to the requirements for Cold -Drawn Steel Wire for Concrete Reinforcement, of ASTM A 82. Wire fabric, when used as reinforcement in concrete shall conform to the requirements of ASTM A 185. The type of wire fabric shall be approved by the Engineer. Bar mat reinforcement for concrete shall conform to the requirements of ASTM A 184. D. Epoxy Coating: When specified, reinforcing steel bars shall be coated in accordance with ASTM A 775 using a coating material which shall meet the requirements of Annex Al of ASTM A 775. The Contractor shall supply to the Engineer three copies of a written certification that properly identifies the number of each batch of coating material used in the order; and the material, quantity represented, date of manufacture, and name and address of manufacturer; and a statement that the supplied coating material meets the requirements of annex Al of ASTM A 775. TS -310-1 Copyright ® 1996 Grafton, lull & Associates, Inc. Technical Specifications Site preparation and Grading: Site work to include minor excavations for sign footing construction, and cutting or filling according to the contours, to obtain a level ground for the sign. Owner to provide field instructions for sign orientation and finished grading. Sign Footing Excavation: The area for the footing shall be excavated six (6) feet wide, and to a minimum depth of three (3) feet ( more excavation may be needed until suitable soil is reached). At this point the soil shall be thoroughly compacted by means of a tamper or any other approved method. Then 9" of SB-2 shall be placed and compacted in 5" and 4" lifts, to obtain 100% of Modified Proctor. Two tests shall be performed per footing, and the price of testing shall be included in the lump sum price of the contract. Concrete Sign: Sign shall be cast in place using wood forms to be removed prior to Stone Base construction. A 1" chamfer shall be formed at all edges of sign. Two 1/2" chamfers shall be included in a "V" shape within the wood form to create the grid pattern as shown on the drawings. #4 rebars shall be utilized according to the drawings. #4 rebars and #3 stirrups shall be utilized to create the "crown detail" as shown on the drawings. Class_B concrete shall be used, after concrete is fully set, forms shall be removed. Sign shall have a smooth natural concrete finish. Pipe Crossbar: 1" diameter pipe shall be welded together to form the crossbars. The pipe crossbar shall be set within the concrete as shown on the drawings. Finish of pipe crossbars to be selected by the owner. Two material samples, one to be polished bronze finish and the other to be aluminum with baked enamel finish shall be submitted. Raised Letters: Letters, spelling "Fayetteville" in capital, block style, shall be set within the concrete and secured with bolts as shown on the drawings. Finish of letters to be selected by the owner. Two material samples, one to be polished bronze finish and the other to be aluminum with baked enamel finish shall be submitted. Stone Base: Stone base shall be constructed around the concrete sign according to the dimensions shown on the drawings. Stones shall be natural, weathered and irregular in shape, and laid in a horizontal course with deeply raked mortar joints. i DATE REPARED BV + WORK PAPER NO C :T'l F FAYETTEVILLE ------------------------ - -- , REVIEWED BY ....-----....- III N. U. UOA d0U PRINTED IN U.S.A. M bti TULSA OK 74101 5004 IVORY HUNNICUTT CONSTRUCTION CO., :. 2301 South School Street FAYETTEVILLE, ARKANSAS 72701 (501) 442-0662 FAX 501/442-4919 JAN 121998 0 -��M 11 (M 224054 TO CJIY.S?EFA- YETIEW LLE....._......._.._._..._._........_..........- -- _ __.... __..___...._............ DATE _1217'J7 9_ _ JOB NO. -1.13- EST -MOUNTAIN ST............._-......_......._.._..._..._.. JOB NAME BEa.. J 97-339.- FAYETTEVILLE ENTRY SIGNS _.....FAVETTE�IFLLE;-.. AR..._7270.._....._...__....._._-._..........._......__.. TERMS ORIGINAL 10% Post -Consumer Content 40% Pre -Consumer Content PROOUC11D9 ®, Ac.7o OtOr PIg1ETOLLn� 1-0OD72SM V w �U ©Hi ORDER FAYETTEVI.L VENDOR NO. 48670 �a.-...'d -.. Westwood Gardens Each Package Must Be Marked Exactly As Shown Here City of FayettevWe, Arkansas DATE JA►N2 4324 Wedington Dr Fayetteville AR 72704 FINANCE DEPL A s k;:.. TERMS 1/06/98 FOB Fyv NET 30 DAY PURCHASE ORDER # 98-0000132-001 i Ob• u & Rated Unit Price TOTALS t Z. BLANKET PO 1.00 EA a) Outdoor plant maint contract 6360.00 6360.00 (renewing existing contract with one year renewal) 5550.3940.5315.00 $6360.00 _ Green, D DEPARTMEW .,EAIFICATION RECEIVED DEPT HEAD - . 'ROYAL AMOUNT TO ::( AJPVERIRCAT1CN Frederick Sales Tax Total: $344.15 Purchase Order Total: 6704.15 ADDmoNALAPPROVAL CHECK # . DOES NOT MEET PURCHASING POUCY CONTRACT PAYMENT OTHER PURCHASING VJiIRCATION . RICE CHANG; . VERIRC►TION CI PROJECTS THIS PAYMENTS _____________________________________ S PREVIOUS PAYMENT(B) S RETURN CHE, ' C TO TOTAL PYMT(S) $ 3MVQPY Tt. i BAIAWCE S 'frYOLANDhPT. WHEN COMPLETE DELNER TO ACCTS. PAYABLE .Westwood Gardens, Inc. ���°°° TLAN 4324 Wedington Drive ,� Fayetteville, Arkansas 72704 V T ARKANSAS 501-442-3929 Arkansas Certified Nurserymen ACCOUNT NO. AIRPORT -INVOICE- FAYETTEVILLE AIRPORT G/MAINT. DATE 01/01/98 %MARK MELLINGER 4500 S.SCH00L, SUITE F FAYETTEVILLE, AR 72701 530.00 LAST PYMT DATE: 12/15/97 AMOUNT: 530.00 BALANCE: PLEASE_ DETACH AND RETURN TOP PORTION WITH YOUR REMITTANCE_______ EMITTANCE -- - - ® , • PREVIOUS BALANCE -� 1/01/98 PO -132 GROUNDS MAINTAIN -JANUARY 30 DAYS I 60 DAYS CURRENT 530.00 JAN 21 1��0 FINANCE DEP-l- 90 DAYS 120 DAYS 530.00