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HomeMy WebLinkAboutO-1999-2304 . e ORDINANCE NO. 99- 2304 0 R , GIN A L AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GALVESTON BAY CONSTRUCTION, INC. FOR CONSTRUCTION OF SYLVAN BEACH FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR, & SIGNAGE; APPROPRIATING $22,328.23 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affIX the seal of the City to all such documents. City Council appropriates the sum of $22,328.23 from Capital Improvement Fund 015 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been e e ORDINANCE NO. 99-2304 open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this JanuaIy 11th, 1999. CI~F LA PORrE . ~~ Mayor By: ArrEST: ~~t}4AllUL City Secretary /~ ! l ~J~~ ~skins, City Attorney CITY OF LA PORTE SYL VAN BEACH FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR, & SIGNAGE CLP PROJECT #98-5302 BID TABULATION - '~}":F\;;S~~~i;'-i 'n:nCE.'lVE.'. 'D. .' ,.'...."D.."A."Y. . .S'.T. 0.. if~~;_~~tT;; " " :.~""" ." : 'I. . Tine. E. I.VED: .. ......' \~,~~?.:; ::(~S~~p~~ . ....,. .".." ..1, . .. n.. #..1.?' 1 " .. . ~.~.~: ~. :) : ~. .,' >: .::~ . ~. -~..":.::/ .~;:~.. -.,' \ ~ .~; . '" ~i. - .~. . .', ':'.\' ::;.. :,::' .;.~ .... 'C. hll.1"T'b"AC'T'.O.. "'...N'"'.A<1l.AT:l .J. :',' .'~J:"."~~~ ".<. ..'~'" .~~~:. r ~'~0i:;;'~;; v~~'\ ':~":~i '/ ~'.~;,(,.:,:~ ~~~~,k.:~'~~.~~;~ ::'.\:)~; ;~':::i~\ e Galveston Bay Construction, Inc. Yes Yes Yes 45 $21,228.23 Mid-Gulf Industrial, Inc. Yes Yes Yes 45 $27,344.00 . e e CITY OF LA PORTE SYL VAN BEACH FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR, & SIGNAGE CLP PROJECT #98-5302 Advertising: The Bayshore Sun - December 13th and 20th, 1998 La Porte-Bayshore Chamber of Commerce Bid Notice Faxed Marine, Inc. 1925 S.H. 146 Kemah, TX 77565 Padgett Shoreline Construction, Inc. PO Box 165 Bayclift', TX 77518 Galveston Bay Construction, Inc. PO Box 499 Stowell, TX 77661 Contractors That Picked Up Plans & Specifications Galveston Bay Construction, Inc. Mike Shannahan PO Box 499 281-470-1127 Stowell, TX 77661 Mid-Gulf Industrial, Inc. PO Box 6140 Pasadena, TX 77506 L & W LaFour & Sons Construction Co. Rout 10 Box 1472 Livngston, TX 77351 e City of La Porte Established 1892 December 28, 1998 Supplement No. 1 to Invitation to Bidders under Project No. 98-5302 To all prospective bidders under Project No. 98-5302 for Sylvan Beach Fishing Pier Structural Repair, Fencing Repair and Signage, for which bids are to be received by the City of La Porte at its office at 604 West Fairmont Parkway, La Porte, Texas 77571 until 4:00 p.m., December 29, 1998. The City of La Porte will supply any new Tek-Deck material required for this project. Bidders shall acknowledge receipt of this Supplement No. 1 on the submitted BASE BID PROPOSAL. By: 4z K Kne pper, P,E. . City Engineer rot). n.,X III i · L. P"rrl', Tl'X.I' ~7:;; 2.' i ! i .. t 71 ;j ~7l.;.:X' - e City of La Porte Established 1892 December 28, 1998 Supplement No. 2 to Invitation to Bidders under Project No. 98-5302 To all prospective bidders under Project No. 98-5302 for Sylvan Beach Fishing Pier Structural Repair, Fencing Repair and Signage, for which bids are to be received by the City of La Porte at its office at 604 West Fainnont Parkway, La Porte, Texas 77571 until 4:00 p.m., December 29, 1998. A Payment Bond will not be required for this project if the Total Base Bid is less than $25,000. Bidders shall acknowledge receipt of this Supplement NO.1 on the submitted BASE BID PROPOSAL. By: *t~ City Engineer ('.t). nllX III; · 1...1"'rrl.', Tt'x:!, 77;72.111; · (il 'H;I':;\.'lt~ e e SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SYLVAN BEACH FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR & SIGNAGE ,.......,"",.... ---:-E. OF T:..:'\ ;;'\~~.*........~~~\. ;' ..- -.. I '* ... ... *', '.: . ...'1 ~...: ... ..... .... ........ 'II.." 'II:... ~ -", DOUGLAS K. KNEUPPER ~ ~.,," .... ...... 'II.. ....".... ....."".~ ~ " " ~ l~~.. 77145 .~~ ~'.1!! ....,~ ~....~.r . ~;'.~"Q ST ~ ~.~.. ,...ft ... .. io.1.' .. ,v. N .~_- ~" /2-11- 0 CITY OF LA PORTE, TEXAS. DECEMBER 1998 CLP PROJECT NO. 98-5302 e e CITY OF LA PORTE SYLVAN BEACH FISHING PIER STRUCTURAL REPAIRS, FENCING REPAIR & SIGNAGE CLP Project No. 98-5204 TABLE OF CONTENTS SECTION NO. OF PAGES NOTICE TO BIDDERS ..... .............. ....... ........ ........... ........... ............. ........................ ............... 1 SCOPE OF WORK. ........... .... ............. .................... .................................................................. 1 INSTRUCTIONS TO BIDDERS ...... ........... ..... ............... ...... ........... ........ .... ..................... ....... 5 BID PROPOSAL & SCHEDULE .............................................................................................4 AGREEMENT........................................................................................................................... 2 GENERAL CONDITIONS......... ............................................................................................. 42 SUPPLEMENTARY CONDITIONS .. ...................... ..................... ............. ............. ....... ....... 10 PREVAILING WAGE RATE DETERMINATION .................................................................... 4 PLANS....... ............. ...... ...................... ............... ....................................................................... 5 e e NOTICE TO BIDDERS 1. Sealed bids, in duplicate, on the original forms, signed by an officer of the Company, and addressed to Martha Gillett, City Secretary, City of La Porte, 604 W. Fainnont Parkway, P.O. Box 1115, La Porte, Texas 77572-1115 will be received until 4:00 PM, December 22.-1998, for the construction of: CITY OF LA PORTE SYLVAN BEACH F1SHlNG PIER STRUCTURAL REPAIR, FENCING REPAIR & SIGNAGE CLP PROJECT NO. 98-5302 2. Interested contractors may obtain plans, specifications and necessary bidding information at no cost from: CITY OF LA PORTE PLANNING DEPARTMENT 604 W. FAIRMONTPARKWAY LA PORTE, TEXAS 77571 (281) 471-5020 3. Each PROPOSAL shall be accompanied by a cashier's check, certified check, or bid bond from a surety company licensed in the State of Texas in an amount not less than five percent (S %) of the total amount bid, as a guarantee that the successful bidder will enter into a Contract and execute the Bond(s) if required, within ten (10) days after the receipt of the Contract Documents. 4. The City of Porte hereby notifies all bidders that in regard to any Agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. S. The Owners reserve the right to reject any and all bids and to waive informalities in bidding. In case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the right to consider the most advantageous construction thereof or to reject the bid. CITY OF LA PORTE . MaI1ha ~4. a. .11 MlLfj; City Secretary Notice 1 of 1 e e SCOPE OF WORK CITY OF LA PORTE SYLVAN BEACH FISHING PIER STRUCTURAL REPAIRS, FENCING REPAIR & SIGNAGE CLP Project No. 98-5204 Scope of Work Contractor shall provide equipment, materials and workmanship to repair damage to the Sylvan Beach Fishing Pier. Contractor shall install four 12" butt by 30' piles with complementary beams as shown on the accompanying Drawing 98-5302, sheets 1 and 2. Contractor shall remove existing deck as required to install piles and beams. Contractor shall remove and replace all damaged guardrails, Tek Deck flooring, to specifications as shown on Drawing 98-5302, sheet 4; to restore pier to its original condition. Contractor shall remove and replace approximately 60' of 6' chain link entrance fence, and two 6' x 7' gates. Contractor shall reinstall wooden entrance sign (Spanish language) to match existing sign in place at the pier. Fence Fence fabric shall be 9-gauge mesh, hot dipped galvanized, 6' in height, with "twist-twist" weave, top and bottom. Line Posts Line Posts shall be standard one and seven-eighths (1 7/8") outside diameter by eight feet (8') in length minimum, galvanized pipe with permanent cast galvanized three strand barbed wire cap, post installed in canaete. Gates Contractor shall provide one (1) each 6' x 7' (six foot by seven foot) high latching gate and one (1) ea. pin/socket gate, with associated hardware, including three strand barbed wire to match fence. Gate is to be fabricated from 2" Schedule 40 galvanized steel pipe; with joints welded, then hot dipped galvanized prior to installation. Gate fabric shall be 9 gauge mesh, hot dipped galvanized. Sian Sign shall be provided; contractor to mount in treated 4' by 4' frame to match existing sign; and mounted in canaete, in location to be sited by City of La Porte representative. A Payment Bond shall be required for this project. e e INSTRUCTIONS TO BIDDERS RECEIPT AND OPENING OF BIDS The City of La Porte (herein called "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of the City Secretary, until the time and date indicated within the NOTICE TO BIDDERS, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed and addressed to Martha Gillett, City Secretary at P.O. Box 1115, 604 W. Fairmont Parkway, La Porte, Texas 71571. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall DOt be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. PREPARATION OF BID Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be fIlled in, in ink or typewritten, in both words and figures, and must be fully completed and executed when submitted. Each bid must be submitted in duplicate in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope, address as specified in the bid form. SUBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. Bidders may not subcontract more than fifty percent (50%) of the work. TELEGRAPIDC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided further, the Owner is laslnacaiODS I or 5 e e satisfied that a written confirmation of the telegraphic modification of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. METHOD OF BIDDING The Owner invites the following type of bid: Unit Price Bid QUALIFICATIONS OF BIDDER The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. BID SECURITY Each bid must be accompanied by a cashier's check, a certified check of the bidder, or a bid bond prepared, duly executed on the form enclosed herein by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five percent (5 %) of the bid. Such checks or bid bonds will be returned to all except the three (3) lowest bidders within three (3) days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he bas not been notified of the acceptance of his bid. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONI'RACf The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. 1DsanaioDI2 or 5 e e TIME OF COMPLETION AND LIQUIDATED DAMAGES Time is of the essence in this project and the contractor must diligently pursue the construction of the work so as to offer it for final acceptance by the Owner within the time limit specified in the proposal. Liquidated damages of $100.00 per day shall be chargeable for each day the work remains incomplete past the sta~ time limit. CONDmONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. ADDENDA AND INTERPRlITATIONS No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to "City of La Porte, Attn: Planning Department, P.O. Box 1115, La Porte, Tex. 77572-1115" and to be given consideration must be received at least five (5) days prior to the date fixed from the opening of bids. Any and all such interpretations or any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. CONTRACfSECURITY The Contractor shall be required to furnish a payment bond, executed on the forms enclosed herein, in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the payment of all persons performing labor or furnishing materials and equipment on the project. With the AIWPIlC2 of a PerfOI'llUlDCe Bond the Owner will not make ~ Payments. One lump 5IDD ~ will be made to contractor at the ftlIIlJ)lmon of the p~jed. IDmuc:dous 3 of S e e NanCE OF SUPPLEMENTAL GENERAL CONDmONS AND SPECIAL CONDmONS Attention is particularly called to those parts of the contract documents and specifications which deal with the following: a. Survey, Permits and Regulations b. Protection of Work and Property c. Time of Completion and Liquidated Damages d. Subsurface Conditions Found Different e. Insurance f. Separate Contract g. Subcontracting h. Photographs of the Project LAWS AND REGULATIONS The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. METHOD OF AWARD - LOWEST QUALIFIED BIDDERS If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to fInance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids. The Owner further reserves the right to award the contract based on an adjusted base bid, which shall consist of any combination of alternate bid items and bid items included in the base bid. OBliGATION OF BIDDER At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall ~ 110 way relieve any bidder from any obligation in respect to his bid. IDsbuclioDs 4 of 5 e e SAFElY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. (3) Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work. at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. IDsIIudioDs S of S e e BID PROPOSAL FOR UNIT PRICE CONTRAC'( J () - All.. ~ PropCJsa1 of.eJ.wdi.... ~ \h.~ <f;e;einafter called "Bidder")" a :fIllG. corporation, organized and existing under the laws of the Slate or--il~ ,* a partnership, or an individual doing business as to the City of La Porte, Texas (hereinafter called "Owner"). Ladies and Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of SYLVAN BEACH FISHING PIER REPAIR per plans and specifications prepared by the City of La Porte, and having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 45 consecutive calendar days thereafter as stipulated in the specifIcations. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: It l ,. tt '2- DATE:~ PnlpoIall or J e e BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the ~apf:J.~~escribed in the specifications for the sum o~-;:r&...c.. -t'ha.....~ M._ ~- ~ ~ Woo tlortaii ($~ /.2 2R. .2 3l. (Amount shall be shown in words and figures. In case , the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as ~uired by the General Conditions. The bid sec~ty attached in the sum of _~ ~,~ ~ 01- ~~ ccJ4 ($ 10 L,' . ~) is to become the property of the Owner in the event the contract andO},;;'nds arc no c ut.cd within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. . Respectfully submitted : By:J\I\~ .1liDf'n4on.. (A izcd Person) (Typed or written} (SEAL) (Signa ~f~~'~lp~ (Tide) '(J\) ~ l\~~ (Business Address) ~\AMll ~~ 11~ (City) (State) (Zip Code) 4\)'\ ~'::>~- Od-.\S (felephone Number) PIvpoal1 of 3 e e STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECf: $ :3.QoQ.Cl5 $ , 1, 3 J~ . ~~ $ ~ I J Z Z ~ . a..~ ALL OTHER CHARGES: TOTAL: This total must agree with the total -Total Amount Bid- figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the cstimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. \~~y PIoposa13 of 3 BID SCHEDULE DESCRIPTION: SYLVAN BEACH FISHING PIER REPAIR PRn n::~T NIIMRFR' QR-~~n' - ~.M I DESCRIPTION I UNIT ~STlMATED UNIT PRICE (WORDS) UNIT PRICE TOTAL QUANTITIE (NUMBERS) ~ S BASE BID e. - - - 1 Install Wood Piles Per EACH 4 ~ Specifications It \\0 ~ I L ~CS - _dollars an -$ G ~&t) Co~ , cent '-' - - - 2 Remove And Replace i Lump 1 .uJ) w.J ~ Damaged Pier Materials sum ~"ars an $ l'DJ J 45. 4S ..u..e..;J cent - - - 3 Install 6' X 7' Gates EACH 2 ~ . "5~1 .L-dollars an .\ J ?J 10 . q 4 ~ cent - - - 4 Construct Frame And Install Lump 1 ~ Sign To Match Existing Sum _dollars an e : IObO'~"'" cent '1000 ~ - - - 5 Remove And Install Fencing LF 60 ~ S'l _dollars anl 33 Li..u> cent: lJo ".~a - - TOTAL BASE BID .$ B. ,),3 e e AGREEMENT CLP Project No 98-5204 THIS AGREEMENT, made this 11th day of January ,1999 by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and Galveston Bay Construction, Inc. (Name of Contracting Firm) Strike out inapplicable terms: (a corporation) (3 partnership) or (an indi~Jidual doing business as:) of Stowell , County of Chambers. and State of Texas, hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: SYLVAN BEACH FISHING PIER STRUCTURAL REPAIR, FENCING REPAIR & SIGNAGE CLP PROJECT NO. 98-5302 hereinafter called the project, for the Total Price of Twentv-One- Thousand Two-Hundred Twentv-Eiaht and 23/00 Dollars ($21.228.23 ) and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of the Contract; and Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to fumish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with: A. The terms and conditions stated in the Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work B. The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof; and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. - e The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 45 calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of J100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the Supplementary Conditions. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. City of La Porte Name of Owner SEAL By: ~~~ T. \~ Robert T. Herrera Attest: B~OJ.tJl)" fJ. JlJilIf! . Martha Gillett City Manager Title City Secretary Title SEAL By: G'/w-:, n;y /3~ ~S7, ;/~PL-;- Signature of Authorized Person lZ<1. Title of Authorized Person ~X </f9 STtP~/-# /.k" Address and Zip Code ? /~ / {)~ar-~ Witness Approved as to Form: Y1. City Attorney e e IN WITNESS WHEREOF. the said Principal and Surety have signed and sealed this instrument this day of . 1999. Principal Surety By: By: Title: Title: Address: Address: The name and address of the Resident Agent of Surety is: Paymcut Bond 2 of2 This document has imP.t legal consequences: consultation with_attorney is encourag~d with respect to its completio modification. . . STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Eneineers Joint Contract Documents Committee - and Issued and Published Jointly By ) PROFESSIONAL ENGINEERS IN PRIVATE PRACfICE A practice di1lision of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMER1CA~ CONSULTING ENGINEERS COUNCIL AMERlC.~'l SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors of America ) ..' These General Conditions have been prepared for use with the Owner-Contnu:tor Agreements (No. 1910-8-A-l or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessiwe 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. ~ EICCC No. 1910-8 (1990 Editioa) ~~I ) ) - . 'e . C 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 21314 American Consulting Engineers Counal 1015 15th Street, N.W., Washington, DC 20005 American Society of Civll Engineers 345 East 47th Street. New York. NY 1001; Consb'UClion Specifications Institute 601 Madison SL, Alexandria, VA 22314 . e TABLE OF CONTE!liTS OF GENERAL CONDITIONS 8nick 0" Paragraph Numb~,. & 7il1~ I. DEFlNmONS ................................... Addenda ......... ........ ............ A~ent ........................... ApplicWon for Payment .... . . . ... . . . . Asbestos ............................. Bid..................... .............. Bidding Doc:uments ................... Bidding Requirements .. . .. .. ... . ... . . Bonds .................... ............ Change Order .. .. .. .. .. .. . .... .. . .. .. Contract Doc:umcnts ..... ............. Contract Price ........................ Contract Tunes ....................... CON'I'RACI'OR ...................... d~f~ctiv~ ..... .,.................... .. . Drawings.......:................... .. Effective Dare of the Agreement . . . . . . ENGINEER............. ....... ...... ENGINEER's Consultant ............. Field Order ........................... General Requirements ..... .. .. .. .. .. . Hazardous Waste ..................... Laws and ReguJaDons; Laws or ~ons ........................ 1.23 LJens ................................. 1.24 Milestone ............................. 1.25 Notice of Award ...................... 1.26 Notice to Proceed .. . .. .. . ..... .. .. . .. 1.27 OWNER................. ............ 1.28 Partia1 Utilization ..................... 1.29 PCBs ................................. 1.30 PetrOlcum ........... .. .. .. .. .. .. .. .. . 1.31 ~jcct ............................... 1.32 Radioaaive Material .................. 1.33 Resident Project Rcpn:scncaDve ....... ~~ ~ples .............................. . 1.35 Shop Drawings .... .. . ... .. .... .. .. .. . 1.36 Spc:cifications ......................... 1.37 SubcontradOr . ... .. ... .... .... .. ... .. 1.38 Substantial Completion .. ........ ... .. 1.39 Supplementary Conditions ............ 1.40 Su~6er .............................. 1.41 Underground Paci1ities ..............:. 1.42 Unit Price Work ...................... 1.43 Work ................................. 1.44 Work Change Directive ............... 1.45 Written Amendment ..... ............. 2. PRELIMlNARY MA'I1"ERS ...................... 2.1 Delivery of' Bonds .... .. ...... .. .... .. U Copies ofDoc:umcnts ................. 2.3 Commenc:emc:Dt of ConU3Ct Tunes: Notice to Proceed .................. StaniDg the Work ..................... 1.1 1.2 1.3 1.4 1-' 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 ) '-:) 2.4 Pag~ ,vu"..b~r 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 AnicI~ 0,. Paragraph Pag~ Numb~,. & Title Numb~,. 2.5-2.1 Before Sraning Construction: CONTRACIOR's Responsibility to Report: Preliminary Schedules: Delivery of Certificates of Insurance ....................... .. . IS 2.8 J\lreconstruaion Conference ........... 15 2.9 Initially Acceptable Schedules ......... 16 3. CONTRACT DOCUMENTS: INTENT. AMENDING, REUSE ......... ............. ...... 16 3.1-3.2 Intent ................................ 16 3.3 Reference to Standards and Spccificalions ofTcchniCll Societies; Reponing and Resolving Disc:repancies ...................... 16 3.4 Intent of Cert:lin Tenns or Adjectives.. Ii 3.5 Amending Contract Documents ....... Ii 3.6 Supplementing Contnet Documents ... Ii 3.1 Reuse of Documents .................. Ii 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 IS IS 15 IS 15 IS 4. AVAILABILITY OF L".NDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCE POINTS . 4.1 Avaalability of Lands .................. 4.1 Subsurface and Physical Conditions . . . 4.2.1 Reports and Drawings .............. . . 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ......... 4.2.3 Notice of Differing Subswface or Physical Conditions................. 4.2.4 ENGINEER's Review ................ 4.2.5 Possible Cona-act Documents Change . 4.2.6 Possible Price and Times AdjustmentS . 4.3 Physical Conditions-Underground F3ci6ties ........................... 4.3.1 Shown orIndicated ................... 4.3.2 Not Shown or IndiC11ed ........ .. .. .. 4.4 Reference Points ...................... 4.5 Asbestos. PCBs. Petroleum. Haz31'dous Waste or Radioactive Material .. . . . . 15 15 S. BONDS AND INSURANCE ..................... 5.1-5.2 Ferformanc:c, PaymCDt and Other ~onds . 5.3 Licensed Sureties and Insurers; Cenilicates ofIDSW2Dce ............ 5.4 CONTRACTOR's Liability Insurance . 5.5 OWNER's Liability lasurance ........ 5.6 Propcny Insurance ................... 5.7 Boiler and Machinery or Additional Propcny IDSUnUlce ................. 5.8 Notice of CaaceDatioa Provisions .... . 5.9 CONTRACTOR's Responsibility for DeducDble Amounts ................ 5.10 Other Special IDSUnUlCC ............... 5.11 Waiver of Rigllls ...................... 17 17 Ii 17 18 18 18 18 18 18 18 19 19 19 20 20 20 20 21 21 21 21 22 22 22 ) . ) '-.:. e . Article or Paragraph Pag~ Numb~r & Title Number S.12-S.l3 Rec=ipt and Applicuion oflnsurance Proceeds ........................... ~ S.14 Acccprance of Bonds :md InsUtanc::; Option to Replace .. .. .. .. . . .. . . .. . 22 5.15 Partial Utilization-Property Insurance ............ . .. .. .. .. .. . .. !3 6. CONTRACI'OR'S RESPONSIBIUTIES .......... 6.1-6.2 Supervision and Superintendence ...... 6.3-6.5 Labor, Materials and Equipment . . . . .. 6.6 Progress Schedule, .................... 6.7 Substitutes and "Or-Equal'. Items: CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation .......... 6.8-6.1 1 Concerning S!1Ixontractors, Suppliers and Others; Waiver of Rights . . . . . . . 6.12 Patent Fees and Royalties ............. 6.13 ~ts ............................... 6.14 Laws and Regulations ................ 6.15 Taxes .............. . .. .. . .. .. . .. .. . .. 6.16 Use of Premises ...................... 6.1; Site Cleanliness ....................... 6.18 Safe StructW'3J LOAdipg ............... 6.19 Record Documents ..... . .. .. .. . .. .. .. 6.20 Safety and Protection ...............:. 6.2 1 Safety Representative ................. 6.22 Hazard Communication Programs ..... 6.23 E:n~cies .......................... 6.24 Shop Drawings and Samples .......... 6.!S Submiaal Procedures; CONTRACI'OR's Review Prior to Shop Drawing or Sample Submiaal . 6.26 Shop Drawing & Sample Submiaals Review by ENGINEER ............ 6.!7 Responsibility for Variation From ContnlCt Documents................ 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Rcquired Submittals .. . .. .. ... . .. 6.29 'Continuing the Work .................. 6.30 CONTRACTOR's Gene:aJ Warranty and Guarantee ............ 6.3 1-6.33 Indemnification....................... 6.34 Survival of Obligations ................ 7. OTHER WORK...... .... ........................ ;.1-7.3 Related Work at Site .................. ;.4 Coordination 8. OWNER'S RESPONSIBILITIES ................. 29 8.] Communications to ConD'aCtOr ........ 29 8.2 Rep1aa:mcnt of ENGINEER .......... 29 8.3 Furnish Data and Pay Prompdy When [)ue ................................ 29 8.~ l..3nds and Easements: Reports and Tcsts ......... .....~................ 29 8.5 Insurance ............................. 29 e ~.. ~ .,.. .u !3 13 Article or Paragraph Page Number & Title Number 8.6 Change Orders ............ .. .. . .. .. .. :!9 8.7 Inspcc:tions. Tests and Approvals ...... 29 8.8 Stop or Suspend Work: TcrmiDa.Ie CONTRACTOR's Services ......... :!.9 8.9 Limitations.OD OWNER.s ~~1bi6Ucs ..................... 30 8.10 Asbestos, PCBs. Petroleum, Hazardous Waste or Ra.dioac:tivc Material . . .. . . 30 8.11 EvidCDCC of F"mancial AmDgemcrus .. 30 9. ENGINEER'S STATUS DURING CONS'I'RUcnON ............................... 30 9.1 OWNER's Rcprcscntative ............ 30 9.2 VISits to Site .......................... 30 9.3 Project Representative ................ 30 9.4 CJarifications and Interpretations .. .. .. 30 9.5 Authorized Variations in Work ...... . . 30 9.6 Rcjcding [)cfcaive Work ............. 30 9.7-9.9 Shop 'Drawings. Change Orders and P.a~ts .......................... 31 9.10 Determinations for Unit Prices ........ 31 9.11-9.12 Decisions on Disputes; ENGINEER as Initial Interpreter ................... 3 I 9.13 Limitations on ENGINEER's Authority and Rcsponst1biJitics . . . . . . 3 I 23 24 2S 2S 2S 2S 26 26 26 26 26 26 'Z7 11 27 10. CHANGES IN THE WORK..................... 32 10.] OWNER Ordered Change ............ 32 10.2 "Qaim for Adjustment ................. 32 10.3 Work Not Required by Contract ~CDts ......................... 32 10.4 Change Orders 10.5 Notification of Surety ................. 32 11. CHA~GE OF CONTRACT PRICE .............. 32 11.1-11.3 Contrac:.t Price; Oaim for AdjustmCDt; Value of the Work .................. 32 11.4 Cost or the Work ............. ... ..... 33 11.5 Exclusions to Cost of the Work ....... 34 11.6 CONl'RACIOR's Fe: ................ 34 11.7 Cost Rccords ................. ........ 34 1 1.8 Cash Allowances ..... .. . .. .. .. . .. . .. . 3S 11.9 Unit Price Work ...................... 35 12. CHANGE OF CONTRACT TIMES .............. 35 ]2.1 Claim for Adjustment ...... ~ .. .. .. .. .. 35 12.2 llDlC of the Essence .................. 35 12.3 Delays Beyond CONTRACTOR's C:o~1 ............................ 3S 27 11 T1 'Z7 28 ~ 28 28 29 29 12.4 Delays Beyond OWNER's and CONTRACTOR's Control.......... 35 13. TESTS AND INSPECTIONS; CORREcrION. REMOVAL OR ACCEPTANCE OF DEFECI1VE VV()~ .......................................... 36 36 36 36 13.1 Notice of [)cfccts ..................... 13.2 Ac:ccss to the Work ................... 13.3 Tests and Inspcc:tions; ConU'adOf.s ~n ........................ 2 e Arrick or Paragraph NllIIIinr & Till, 13.4 OWNER's Responsibilities: Independent Testing Laboratory 13.5 CONTRACTOR's Responsibilities ..... 13.6-13.7 CoveringWork Prior to Inspection. Tesdng or Approval ... . .. .. .. .. .. .. 13.8-13.9 Uncovering Work at ENCiINEER's ~ ............................ OWNER May Stop the: Work ......... Correction or Removal 0( Defective . 13.10 13.11 Work ............................... n 13.12 Correction Period ..................... 13.13 Ac:c:epcmce of Defective Work ........ 13.14 OWNER May CoITCCt Def'c:ctive Work.......... ..................... 14. PAYMENTS TO CONTRACTOR AND COMPLETION ....~............................ 14.1 14.2 14.3 14.4-14.7 14.8-14.9 14.10 14.11 1 ) '-.:;., Sch~ule of Values .................... Applicuion for PrOgress Payment ... . . CONTRACTOR's Wamnty or Tide ... Review of Applications for Progress Payments ................. Substancial Completion .. . .. .. .. . ... .. Partial Utilization ..................... Final Inspection . . . . .. . . .. .. . . . . . .. . . . Pag, Numb" 36 36 e Arrick or ParagrtJPh Pag, Numb" & Till, Numb" 14.12 Final Application for Payment ......... ~ 14.13-14.14 Final Payment and Acceptance ........ 40 14.15 Waiver of Claims ..................... ~ 15. SUSPENSION OF WORK AND TERMINAnON .. .. .. . .. .. . .. .. .. .. .. . . . .. .. . .. 40 15.1 OWNER. May Suspend Work ......... 40 15.2-IS.4 OWNER May Terminate .............. 40 IS.5 CONTRACTOR May Stop Work or T~nale .......................... 41 36 36 36 37 16. DISPUTE RESOLUTION ....................... 41 37 17. MISCELLANEOUS.................... ......... 42 17.1 Ciiving Notice ........................ 42 17.2 Computation of Tunes ................ 42 17.3 Notice of Claim .. .. . .. . .. .. .. .. .. .. .. . 42 17.4 CumulaUve Remedies ................. 42 17.5 Professional Fees :Uld Court Costs Includc:c! . .. .. .. .. . . . . . . . . . . .. .. .. .. 42 31 37 38 38 . : 38 39 39 39 EXHIBIT CiC.A (Optional): Dispute Resolution Agr=ment (Optional) ..... CiC.A 1 16.1-16.6 Arbitration.................... CiC.AI 16.7 Mediation ..................... CiC.A;! ... 3 ) , ) '-. e e . INDEX TO GENERAL CONDmONS Anicle or PtlTcgrcph Number Acceptance of- Bonds and Insurance ................................ 5.14 defective Work ....................... 10.4.1. 13.13. 13.15 final payment................................. 9.12. 14.15 . insurance ........................................... 5.14 other Work. by CONTRAcroR ...................... 7.3 SubstiwleS and "Or-Equal" Items .................. 6.7.1 Work by OWNER ..... .... .... ........ ...2.5.6.30,6.34 Access to the- Lands. OWNER and CONTRACTOR responsibilities .... . . . . . .. . . . . .. .. .. . . .. .. .. . .. .. .. . 4.1 site. rela1ed work .................................... 7:1. Work, .................................. 13.2, 13.14, 14.9 Acts or Omissions-. Acts and Omissions- CONTRACTOR ..........~................. 6.9.1.9.13.3 ENGINEER ........... ............. ........6:1.0,9.13.3 . OWNER ...............................:....... 6.20. 8.9 Addenda-detinition of (also see definition of SpecifiCltions) ........... (1.6. 1.10. 6.19) 1.1 Additional Property Insuranc:s ......................... 5.7 Adjustments ConU'aCt Price or Contract Tunes ......... 1.5. 3.5. 4.1. 4.3.2. 4.5.2. 4.5.3. 9.4. 9.5. 10.2-10.4. II. 12. 14.8. IS.I progress schedule .................................... 6.6 Agreement- definition of .......................................... 1.2 i\11 risk Insurance. policy form ........................ 5.6.2 Allowances. C:1sh ...................................... 11.8 Amending Contract Documents ......................... 3.5 Amendment. Written- in general .... 1.10. 1.45, 3.5. 5.10. 5.12, 6.6.2. 6.8.2. 6.19. JO.I. JO.4. 11:1..12.1. 13.12.2. 14.7:1. Appeal. OWNER or CONTRACTOR intenno ......................9.10.9.11.10.4.16.2. 16.5 Application for P:l.yment- definition of .......................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4. 9.13.5, J4.12-14.15 in genCQ) ....................... 2.8. 2.9. 5.6.4. 9.10. 15.5 progress payment.............................. J4.1. J4.7 reviewof ......................................14.4-14.7 Arbiuation (Optional) ............................. 16.1- J 6.6 Asbestos- claims pursuant thereto....................... 4.5.2. 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................... J.4 OWNER responsibility for .................... 4.5.1. 8.10 possible price and times change. .................... 4.5.2 Authorized Variations in Work .......~... 3.6, 6.25. 6.!7. 9.5 Av:Wabality of Lands ............................... 4.1. 8.4 A ward. Notice of-<fetined ............................ J.25 Before Slarting ConstrUction ........................ 2.5-2.8 Bid--dcfinition of ...................................... J.5 (J .1. 1.10. 2.3. 3.3, 4.2.6.4. 6.13. 11.4.3. 11.9.1) " Article Dr PtlTcgrtlph Number Bidding Oocuments-detinition of ................ 1.6 (6.8.2) Bidding R.equiremen[S--definitions of ...... 1.7 (1.1. 4.2.6:1.) Bonds- acceptance of ........................... ............5.14 additional bonds .. .. .. .. .. . .. . .. . .. .. .. .... 10.5. 11.4.5.9 Cost of me Work .................... .............. 11.5.4 detinition of .......................................... 1.8 delivery of ...... ................................2.1.5.1 final application for payment .. . . . . . . . . . . . . . .. 14.12-14.14 gener.d ...............1.10.5.1-5.3.5.13.9.13.10.5.14.7.6 performance. Payment and Other .................5.1-5.2 Bonds and Insurance-in general ......................... 5 Builder's risk "all risk'. policy form...... ............. 5.6.2 Cancellation Provisions. Insurance ........ 5.4.11.. 5.8, 5.15 Cash Allowances ...................................... 11.8 Certificate of Substantial Completion......... 1.38. 6.30.2..3. 14.8. 14.10 Certitic:ales of Inspection' ................ 9.13.4, 13.5. 14.12 Certificates ofInsuranc:e .. 2.7. 5.3, 5.4.11, 5.4.13, 5.6.5. 5.8. .. . . ...... .. .. . ..... ... ....... .... .. ... 5.14, 9.13.4. 14.12 Change in ConU3Ct Price- Cash Allowances .. . .. . .. . .. . .. . .. .. .. .. .. . .. .. .. ... 11.8 claim for price adjusuoent ..... 4.1. 4.2.6, 4.5. 5.15. 6.8.2. 9.4.9.5.9.11. 10.2.. 10.5. 11.2, 13.9. 13.13. 13.14. 15.1. 15.5 CONTRACIOR's fee........ ........... ............ 1 J.6 Cost of the Work general ...................................... 11.4-11.7 Exclusions to ......................... _. .. .. .. . .. ... 11.5 Cost R.ecords ....................................... J 1.7 in general .............. 1.19, 1.44, 9.11. 10.4.2. 10..$.3. 11 Lump Sum Pricing ................................ 11.3.2 N otific:ation of Surety ....................... .. .. .... 10.5 Scope of .......................................10.3-10.4 Testing and Inspection. Uncovering the Work........ 13.9 Unit Price Worle .................................... 11.9 Value of Work ........................... .. .. .. .. ... 11.3 Change in Conuact Times- Claim for times ad"JUSuoent .... 4.1. 4.2.6. 4.5. 5.15. 6.8.2. 9.4.9.5.9.11. 10.2. JO.5. 12.1. 13.9. 13.13. 13.14. 14.7. 1.5.1. 15.5 ConU'aCnIaI time limits ................. ~ . .. . .. .. .... J2.2 Delays beyond CONTR.ACTOR's conuol ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- uol ............................................... J2.4 Notification of surety ............................... .10.5 Scope of change ............................... 10.3-10..$ Change Order$- Acc:eplallce of Defective Work ..................... J3.13 Amending ConD'3Ct Documents ......................3.5 Cash Allowances .... . .. .. .. ... .. .. .. . .. .. .. .. .. .... 11.8 Change of Contract Price ... .. . .. .. .. .. .. .. .. .. .. .. ... 11 Change of Contract Tames .. .. .. .. .. .. .. .. .. .. .. .. . ... 12 Changes in the Work .................................. JO COJlfI'RAC'IOR.s fee .... ....... ........ ............ 11.6 Cost of the Work ............................... 11..$-11.7 4 e ') Article or Paragraph Number . Cost Records ....................................... 11.7 definition of . . . . . . . . . . . . . . .. . . . . ... ... . . .. . ........... 1.9 emer:;encies .................................... . ... 6.23 ENGINEER's responsibility......... 9.S. 10.4. 11.2. I~.I execution of ........................................ 10.4 Indemnific:ation ..................... 6.12. 6.16, 6.31. 6.33 Insur.utce. Bonds and ................... S.IO. 5.13, 10.5 OWNER may terminate ........................15.2-15.4 OWNER's Responsibility ................. ...... 8.6. 10.4 Physic:al Conditions- Subsurface and. . . . . . . .. . . . . . . . . .. . . . . . . .. . .. .. .. .... 4.2 Underground Facilities ........................... 4.3.2 Record Documents ......................... ........6.19 xope 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 \Vork ......;;............................ 10 Notiiic:ation of surety ............................... 10.5 OWNER's and CONTRAcroR's responsibilities .... 10.4 Right to an adjustment .............................. 10.! Scope of change ............................... 10.3-10.4 Oaims- against CONTRACTOR ........................... ..6.16 against ENGINEER ................................ 6.32 against OWNER .................................... 6.32 Change of Contmct Price ....................... 9.4. 11.2 Change of Contmct Times ...................... 9.4..I~.l 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, li.3 CONTRACTOR's Fce .............................. 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 li:1bilitv .................... ...... .........5.5 OWNER may recUse to make payment .............. 14.7 Professional Fees and Coun Costs Included.......... li..5 request for fonnal decision on ....................... 9.11 Substitute items .................................. 6.7.1.2 Tune Extension ..................................... 12.1 Tune requirements ............................ 9.11, 12.1 Unit Price Work .................................. 11.9.3 ~ue of ............................................11.3 Waiver of-()n Final Payment ................ 14.14~ i4.15 Work Change Din:ctive .. .. .. .. .. .. . .. .. .. .. ... .. ... 10.2 written notice required ................... 9.11. 11.2, 12.1 Clarific:ations and Interpretations ... . . . . . . . .. 3.6.3. 9.4, 9.11 O=n Site .............................. .............. 6.1i Codes ofTcchniQ\ Society. Orpniz:Won or Association.............................. ........ 3.3.3 Commencement of Contr::u:t Times . . . . . . . . . . . . .. . . . . . .. 2.3 Communic:ations- -) e Article or Paragraph Number general.................................... 6.2. 6.9.2. 8.1 Hazard Communication Progn.ms ................... 6.22 Completion- Final Application for Payment ...................... 14.12 Finallnspec:tion .. . .. .. . . .. .. .. .. . . .. . .. .. .. .. . .... 14.11 Final Payment and Acc:pranc: ............... 14.13-14.14 PattiaI Utilization .................................. 14.10 Subsrantial Completion . . .. .. . .. .. .. .. .. .. 1.38. 14.~ 14.9 Waiver of Oaims .... .. .... .. .. .. . . .. .. . . .. .. .. ..... 14.15 Compuwion of Times ........................ 17.2.1-17.2.2 Concerning Subconuactors, Suppliers and Others ............................ 6.8-6. J1 Conferences- initial1y acc:eptable schedules ......................... 2.9 pn=:ons:ruction ......................................2.8 Conftict, Error, Ambiguity, Discrcpancy- CONTRACTOR to Repon ........... ..,........2.5, 3.3.2 Construction. before staning by CONTRACTOR .... 2..5-2.7 Construction Machinery, Equipment, etc. . . . . . . . . . . . . . . . 6.4 Continuing the Work ............................. 6.29, 10.4 ContraCt Documents- .-\mending ........................................... 3.5 Bonds ............................................... 5.1 Cash Allowanc:s ................................... 11.8 Change of ContraCt Price ........................ .. ... 11 Change of Contract Tunes .................. ...... .... 12 Changes in the Work ........................... 10.4-10.5 c:heck'and verilY .....................................2.5 Clarifications and Interprewions ....... 3.2. 3.6, 9.4, 9.11 definition of ........................................ 1.10 ENGINEER as inibal interpreter of ................. 9.11 ENGINEER as OWNER's I'C;lresentative ............9.1 general ................................................3 Insurance............................................ 5.3 Intcnt ............................................ 3.]-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.]9 Rcference to Srandards and Specifications of Tec:hnic:al Societies .............................. 3.3 Rclated Work..... ..... ............... ...... ......... 7.2 Reponing and Resolving Discrepancies ........... 2..5. 3.3 Reuse of ............................................. 3.7 Supplementing.......................................3.6 Termination of ENGINEER's Employment ...........8.2 U nit Price Work ..................:......... .. .. .... 11.9 variations ................................. 3.6, 6.23, 6Z1 Visits to Sitc. ENGlNEER's ......................... 9.2 ContraCt Pric:- adjustment of ................3.5,4.1.9.4,10.3,11.2-11.3 Change of ............................................ 11 Decision on Disputes .. .. .. .. . .. .. . .. .. .. .. .. .. . .... 9.11 definition of ........................................ I.] 1 ContraCt Times- adjustment of ...................... 3.5. 4.]. 9.4.10.3.12 Change of ...................................... 12.1-12..4 .5 e ") A"';cI~ or Paragraph _ . Numb~r Commencement of ................... ................2.3 definition of ........................................ 1.12 CONTRACTOR- Acceptance of Insuronce ............................ 5.14 Umited Reliance on Technical DaIa Authorized ..... 4.2.2 Communications ............................... 6.2. 6.9.2 Continue Work ................................ 6.19. 10.4 coordination and scheduling......................... 6.9.2 definition of .............................:.......... 1.13 May Stop Work or Tenninate ....................... 15..5 provide site access to others .................... 7.2 13.2 Safety:md Protection .......4.3.1.2.6.16.6.18.6.21-6.13, 7.2. 13.2 Shop Drawing :md 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. 13.1~13.14 Duty to corr:ct defective Work..... ................ 13.It Duty to Report- Changes in the Work caused by Emergency .................. ........ ........ ..... 6.13 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 indicued .............. 4.3.2 Emergencies................................... ..... 6.23 Equipment and Machinery Rental. Cost .of the Work............. ...................... 11.4..5.3 Fe:-Cost.p!us ..................... 11.4.5.6. 11..5.1. 11.6 uener31 Warranty and Guarantee .................... 6.30 Hazard Communication Progr:uns ................... 6.21 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 Re:ulations, Compliance by ............. 6.14.1 Liability Insuranc: ................................... S.4 Notice of Intent to Appeal ..................... 9.10. 10.4 obligation to perfonn and complete the Work ........ 6.30 Patent Fe:s and Royalties. paid for by ............... 6.12 Ptrfommnc: and Other Bonds ........................ 5.1 Permits. obtained and paid for by .................... 6.13 Progress Schedule..... 2.6.2.8.2.9.6.6.6.19. 10.4. 15.2.1 Request for fonnal decision on disputes . . . . . . . . . . . .. 9.11 Responsibiiities- Changes in the Work .............................. 10.1 Concerning Subconttactors. Suppliers and Others. 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTR.a..CTOR's expense ....................... 6.7.1 CONTRACI'OR's Ckncra1 Warr:1nty and Guaran- tee ...............................................6~ .) CONTRACJ'OR's review prior to Shop Onlwingor Sam- ple submitt:1l ..... . . .. . .. .. . . . .. . . . . .. .. .. . . . .. .. . 6.~ Coordination of Work .............................. 6.9.2 Emergencies . .. .. . .. . . .. .. . .. .. .. .. .. .. .. .. .. .. .. . 6.23 ENGINEER's evaluaUon. Substiwtes or "Or-Equal.. Items .. .. .. .. .. .. .. .. .. .. .. .... 6.7.3 e Article or Paragraph Number For Acts and Omissions of Others .....6.9.1-6.9.2,9.13 for deductible amounts. insuronce .................. 5.9 general .................................6.7.2 7.3,8.9 Haz:1rdous Communic::ltion Progr.uns . . . . . . . . . . . .. 6.22 IndemniiiCltion ........................ ~.. . . . 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 Doc:uments ..... 6.I1 Patent ~:s and Royalties ............:............ 6.12 Pennits ........................................... 6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work pcrfonned prior to ENGINEER's approval of required submittals . . . . . . . . . . . . . . . . . 6.28 safe suuctur31loading .... .. .. .. . .. . .. .. .. .. . ..... 6.18 Safety and Protection ................... 6.20, 7.2. 13.2 Safety Representative ............................. 6~ I Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER................................ 6':6 Site CIC3Diiness ................................... 6.17 Submittal Procedures ............................. 6.~ Substitute Construction Methods and Proc::dures .................................... 6.7.2 Substiwtes and "Or-Equal.. Items ................ 6. i.I Superintendence ................................... 6.2 Supervision........................................ 6.1 Survival of Obligations ............................ 6.34 Taxes . . .. . .. . . . . . . . .. .. .. . . . . . . . . . . .. .. . . . . . .. ... 6.15 Tests and Inspections ............................. 13.5 To Report ......................................... 2.S Use of Premises .................... 6.16-6.18. 6.30.2.4 Review Prior to Shop Dr.lwing or Sample Submittal .. 6~ Right to adjustment for changes in the Work ......... 10.2 rightto 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..s. 17.3 Safety and Protection ................. 6.20-6.!2. 7.2. 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples SubmiaaJs ......... 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 ofPrcnises ................................6.16-6.18 Warnmties :md guarantees ........... . .. .. . .. ... 6.30. 6.5 Warr.lI1ty of Title . . . . . .. .. . . . . . . .. .. . .. . .. . . .. . . .... 14.3 Written Notice Required- CONTRACI'QR SlOp Work or tenni~e ........... IS.5 ReportS of Differing Subsurface and Physic:a1 Condi- tions ....... ............................. ......... 4~ Sub:scantial Completion .. . . . . . . . . . . . . . . . . . . . . . . . .. 14.8 CONTRACTQRS--othcr ........................... ...... 7 Conuacwal Uability Insurance .................. ..... 5.4.10 Contr:lCtUal Time Umits . .. .. . . .. .. . . .. . .. .. .. .. .. . ... 12.2 Coordination 6 e ) Art;c/~ or Ptu'agraph Numb~r . CONTRACI'OR's responsibility.................... 6.9.2 Copies of Documents ............ . . . .. .. .. . .. .. . .. . .. . . 2.2 Corn:ction Period .................................... 13.12 Correction. Removal or Acceptanc:c of Defective Work in general ............................. 10.4.1. 13.1~13.14 AccepClnC:C of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30. 13.11 Correction Period .................................. 13.12 OWNER May Correct Oefective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost- of Tests and Inspections ............................. 13.4 Records .............................. ........ ...... 11.7 Cost of the Work- Bonds and insurance. additional . .. .. .. .. .. .. . ... 11.4.5.9 Cash Discounts ........................... . .. .. ... I 1.4.2 CONTRAC'IOR's Fcc ... ~:......................... 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to .. ............... ....... ..... .......... 11.5 General .................... .............. ...... 11.4-11.5 Home office and overhead expenses. ........ ........ 11.5 Losses and damages.... ....... .......... ........ 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses ................................. 11.4.5.8 PayroU costs on changes . . . . . . . . .. .. . . . . . .. .. .. . .. 11.4. I performed by Subcontractors ...................... 11.4.3 ~rds ............................................11.7 Rentals of construction equipment and machinery. I 1.4.5.3 Royalty payments. permits and license fees ...... 11.4.5.5 Site offic:c and temporary facilities ............... 11.4.5.2 . Special Consultants. CONTRACIOR's ............ 11.4.4 Supplemental ..................................... 11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts ........ . . .. .. .. .. . .. .. .. . .. .. .... 11.4.2 Utilities. fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .. .. .. .. .. .. . .. . .. .. .. .... 11.4.1 Covering Work. .................................... 13.6-13.7 Cumulative Remedies ...................:........17.4-17.5 Cuning. fitting and patching ... .. .. .. .. ... ... .. .. . . ..... 7.2 Data. to be furnished by OWNER ...................... 8.3 Day.-dcfinition of . ~..... ...... .... .................. 17.2.2 Decisions on Disputes ........................... 9.11. 9.12 deiective--dcfinition of ................................ 1.14 defective Work- Acceptance of .............................. 10.4.1. 13.13 Correction or Removal of ................... 10.4.1. 13.11 ColT'edion Period ................... ~ . .. .. .. .. .. ... 13.12 in general ................................. 13. 14.7. 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notic:c of Defects ........................... 13.1 !,ejecting ............................................ 9.6 ) -...: . Uncovering the Work ............................... 13.8 ~ticnts ............................................... I Delays .......................... .......4.1.6.29. 12.3-12.4 Delivery of Bonds ...................................... 2.1 Delivery of certificates of insurance ..................... 2.7 . .o\rr;cl~ or Paragraph Numb~r Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of .......................................... 4.2.3 ENGINEER's Review ...................... ....... 4.2.4 Possible Conuact DocumentS Change ............... 4.25 Possible Price and Times Adjustments ........ . . . . . . 4.2.6 Discrepancies.Reporting and Resolving .... 2.5. 3.3.2. 6.14.2 Dispute Resolution- Agreement ...................... ...............16.1-16.6 Arbitration.... ... .............. ........ ........ 16.1-16.5 general ...........................................;...16 Mediation .......................................... 16.6 Dispute Resolution Agreement.................... 16.1-16.6 Disputes. Decisions by ENGINEER .............. 9.11-9.12 Documents- Copies of ............................................2.2 Record ............................................. 6.19 Reuse of ............................................. 3.7 Drawings--deftniuon of ............................... 1.15 ~n1ents .............................................4.1 Effective date of Agreement-(fefinition of ............. 1.16 Emergencies .......................................... 6.23 ENGlNEER- as initial interpreter on disputes................. 9.11-9.12 definition of ........................................ 1.17 Umitations on authority and responsibilities .................................9.13 Replacement of ...................................... 8.2 Resident Project Representative ...................... 9.3 ENGINEER's Consultant-(fciinition of ............... 1.18 ENGINEER's- . authority and responsibility. limitations on ........... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders. responsibility for .......... 9.7. 10. 11. 12 Clarifications and Interpretations ............... 3.6.3. 9.4 Decisions on Disputes .......................... 9.11-9.12 defective Work. notice of ........................... 13.1 Evaluation of Substitute Items ...................... 6.7.3 Uability ....................................... 6.32. 9.12 Notice Work is Acceptable ......................... 14.13 Observalions .. .. .. .. . .. . .. .. . .. . .. .. .. . .. .. .. 6.30.2. 9.2 OWNER's Representative ..... ......................9.1 Payments to the CONTRACTOR. Responsibility for ....................:......... 9.9. 14 Recommendation of Payment ................. 14.4. 14.13 Responsibilities- . Limitations on ........................:......9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples. review responsibility ..................................... 6.26 Swus During Consauction- authorized variations ia the Worle .. ... .. .. .. .. . .... 9.5 Clarifications and InlCrpretDDons ................... 9.4 Decisions on DisputeS ........................ 9.11-9.12 DelCnninaDons on Unit Pric:c ..................... 9.10 ENGINEER as lnitiallnu:rpreu:r ............; 9.11-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 7 e A.rr;cl~ Dr Paragraph Numb~r >. Umiwions on ENGINEER's AUlhority and · Responsibilities......... .......................... 9.13 OWNER's Reprcsenwivc ... .. . .. .. . .. .. . . .. ... ... 9.1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings. Change Orders and PaymcnlS ..................... ..... .u....... 9.7-9.9 VlSilS to Sile ...................................... 9.2 Unit Price Determinations ..oo............ ...........9.10 VlSilS to Sile ......................................... 9.2 Written consent required ......................... 7.2, 9.1 Equipment, Labor. Maleria1s and . . . . . . . . . . . . . . . . . .. 6~.5 Equipment renraJ, Cost of the Work ................ 11.4.5.3 Equivalenl Materials and Equipmenl .................... 6.7 En-ors or omissions ............ . .. .. .. .. . .. .. . .. .. .... 6.33 Evidence of Financial AmangemenlS ................... 8.11 Explorations of physical conditions ... .. .. .. .. ... .. .. . 4.2. 1 Fee, CONTRACI'OR's-Co~P1us ...................11.6 Field Order- definition of ........................................ 1.19 issued by ENGINEER ........... .............. 3.6.1, 9.5 Final Application for Payment ........................ 14.12 Final Inspection...................................... 14.11 F"mal Payment- and Acccplance ......................... ..... 14.13-14.14 Prior to, for cash allowances .. . .. .... .. .. .. .. .. ..... 11.8 General Provisions ............................... 17.3-17.4 General Requirements- defindon of .oo...................................... 1.20 princ:ipaJ references to .... no .. ..... 2.6, 6.4, 6.6-6.7. 6.24 Giving Notice..................... .................... li.1 Gwirantee of Work-by CONTRACroR .............................. 6.30, 14.12 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . .. 6.22 Hazardous Waste- . definilion of ........................................1.21 leneraJ .............................................. 4.5 ) ~ OWNER's responsibility for ........................ 8.10 Indemnification ........................6.12, 6.16, 6.31-6.33 Initially Acc::ptable Schedules .......................... 2.9 Inspcc:tion- Certificates of .....,... ................ 9.13.4, 13.5, 14.12 F"mal ..............................................14.11 SpcciaJ. required by. E."lGINEER. .................... 9.6 Tests and Approval .............. ..........8.7, 13.3-13.4 Insuranc:e- Ac:cepamce of. by OWNER. .........................5.14 Additional, required by changes in the Work....................... .......... 11.4.5.9 Before Slarting the Work .............oo.............. 2.7 Bonds and-in general ................................. 5 Canc:eUation Provisions .. . .. . .. . .. .. .. . .. .. ... . .. .. .. 5.8 Cenificues of .. '1..7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14. 9.13.4, 14.12 completed operations ..oo..oo...................... 5.4.13 CON'I'RACroR's Liability ... ............. ...........5.4 CON'I'RACroR's objection to coverage .............5.14 ConlraetuaJ Liability .....oo....................... 5.4.10 e A.rr;cl~ or Paragraph Numb~r deductible amounts. CONTRACTOR's responsibililY .................................... 5.9 Final Application for Paymenl ...................... 14.12 Licensed Insurers.................................... 5.3 Notice requirements, material changes .................................. 5.8, 10.50 Option to Replace .................................. 5.14 other spcciaJ insurances ............................. 5.10 OWNER as fiduciary for insureds . . . . . . . . . .. ... 5.12-5.13 OWNER's Liability .................................. 5.5 OWNER's Responsibility ............................ 8.5 PaniaJ Ublizalion. Propeny Insurance ............... 5.15 Property ... .:........... ........................ 5.~5.10 Re--..eipt and Application oflnsunmce Proc=ds ..5.12-5.13 Special Insurance ................................... 5.10 Waiver of Rigtlls .................................... S.J I Inlent of Contr.LCt Documents.. ... . ... .. .. ... . ...... 3.1-3.4 Interpretations and Clarifications .................3.6.3,9.4 Investigations of physical conditions ................ . . . . 4.2 Labor, Materials and Equipment ............... . . . .. 6~.5 Lands- and Easements .. . .. . . . .. .. .. .. . : .. .. . . . .. . . . .. .. . ... 8.4 Avaslabilily of .................................... 4.1, 8.4 Reports &. Tests .. . .. .. . .. . .. .. . . .. .. . .. . .. . .. .. .. ... 8.4 Laws and Regulations-Laws or Regulations- Bonds ...........................................5.1-5.2 Changes in the Work ........oo.............oo....... 10.4 Contract DOCUIIlenlS ...................... .. . .. . oo . .. 3. I CONTRACroR's Responsi'biIities .......oo.......... 6.14 Correction P=iod. defective Work ..... ........ ..... 13.12 Cost of the Work. taxes .....................oo.. It .4.5.4 d~tion of ........................................ I~ general .................:................oo.. ....... 6.14 Indemnification .. .. .. . .. .. .. .. .. .. .. .. .. .. .. ... 6.3 1-6'::3 Insurance ............................................5.3 Precedence .................................... 3.1. 3.3.3 Reference to ....................................... 3.3. I Safety and Proleetion ...................... no.. 6.20. 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.. J J Tests and Inspections................................ J3.5 Use ofPrcmises ....................................6.16 Visits to Site ......................................... 9.2 LiabIlity Insurance- CONTRACroR's .................................... 5.4 OWNER's...........................................5.5 Uc:nsed Sureties and Insurers .. ~. ......... ............5.3 Uens- Application for Progress Paymcat ................... 14.2 ConU'aCtor's Wananty orTille ............oo......... 14.3 F"maJ Applical:ion for Payment................ ...... 14.12 definilion of ...............oo....................... 1.!3 Waiver of CJaiJns .. .. oo .. .. . .. .. .. . .. .. . .. . .. . .. ... 14.15 Umiwions on ENGINEER's authority and . responaibfiities ..................................... 9.13 Limiled Reliance by CONTRACTOR Awhorized ...... 4.2.2 Mainteuancc and Opcrazing Manuals-- F"maJ Applical:ion for Payment ...... no ... .. .. .. .... 14.12 Manuals (of olbers)- Precedence .....oo..........oo.....oo..oo...oo.... 3.3.3. I 8 e ). Ar';CI~ or Paragraph Numb~r . Reference to in Contract Documents ................ 3.3.1 Materials and equipment- furnished by CONTRACTOR........................ 6.3 not incorporated in Work ............................ 14.2 Materials or equipment-equivalent ..................... 6.7 Mediation (Optional) .................................. 16.7 MDeston~efinition of .............................. 1.24 M'JSCCllaneous-- Computation oC Times .......... .. .. .. . .. . .. . . .. .... 17.2 Cumulative Remedies ............................... 17.4 Giving Notice....................................... 17.1 Notice of Claim ..................................... 17.3 ProCessional Fees and Court Costs Included.......... 17.5 Multi-prime contracts ............ .. . .. .. . . .. .. .. .. .. .. ... 7 Not Shown or Indicated ..............................4.3.2 Notice of- Acceptability of Projcct .;;......................... 14.13 Award. definition of.... .. :. ............ ............. 1.2S Claim .............................................. 17.3 Defects, ................................. _.......... 13.1 Differing Subsurface or Physical Conditions ......... .4.2.3 Giving...... .. ........... . . ......................... 17.1 Tests and Inspections......... .......... ..... ....... 13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Procced- definition of .................. .. .. .. . . . .. . .. .. . .. ... 1.26 giving of ...................................... ....... 2.3 Notification to Surely ................................. 10.5 ObscrvaDons, by ENGINEER .................... 6.30, 9.2 Occ:upancy of the Work ................ 5. 15. 6.30~4, 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open pen'" policy fonn; Insurance .................. .5.6.2 Option to Replace ................................ .....5.14 "Or Equal" hems...................................... 6.7 Other work........ ........................... ........... 7 Overtime Work-prohibition of ......................... 6.3 OWNER- . Acceptance of defective Work ...................... 13.13 appoint an ENGINEER..... .................. .......8.2 as fiduciary ...................................: 5.12-5.13 Availability oC Lands. responsibility ................... 4. I 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. tcnninate ....................... 8.8. 13.10. 15.1-15.4 Payment. make prompt................... 8.3. 14.4. 14.13 pcrfonnance of other Work .......................:... 7.1 permits and licenses. requirements . .. . .. .. . .. .. .. ... 6.13 purchased insurance requirementS ............... 5.6-5.10 OWNER.s- Ac:ceprance of the Work ......................... 6.30.2.5 Change Orders. obligation to execute .......:............................ 8.6. 10.4 Communications .............................. ....... 8.1 Coordination of the Work . . .... .. ... .. .. .. . .... ...... 7.4 Disputes. request for decision ........... ............ 9.11 ) 0.;.;::'";" . Arricl~ or Paragraph Nllmbt:r Inspections. tests and approvals ................. 8.7. 13.4 Liability Insurance ................................... 5.5 Notice of Defects ................................... 13.1 Representative-During Consuuction. ENGINEER's Status ..... .......................9.1 Responsibilities- Asbestos. PCB's. Petrole~ Hazardous Waste on Radioactive Material .................. 8.10 Change Orders ....... .. . .. .. . .. .. .. .. . :. .. .. .. . .. . 8.6 Changes in the Work.............................. 10.1 communic:alions .... .. .. . .. . .. .. . .. . .. . . .. . . .. .. . .. 8.1 CON'TRACTOR's responsibilities ..................8.9 evidence of financial arrangements .. . . . . . . . . . . . . .. 8.1 I inspections, tests and approvals .................... 8.7 Insurance ...... .. .. .. .. .. . .. . . .. .. . .. . . .. .. .. .. ... 8.5 lands and easements ............................... 8.4 prompt payment by ..................... ...........8.3 replacement of ENGINEER .......................8.2 reportS and tests ................................... 8.4 stop or suspend Work .................. 8.8. 13.10. 15.1 terminate CONTRACI'OR.s services .......... 8.8, 15.2 sepanuc representative at site ............... .. . .. .... 9.3 independent testing ................................. 13.4 use or occupancy of the Work ..... ............................... 5.15. 14.10 written consent or approval required ...............................9.1.6.3.11.4 written noti= required .......... 7.1. 9.4. 9.11. tt.2. 11.9, 14.7, 15.4 PCBs- definition of ... ................ ..................... 1.:!9 gener.d .......................~..... ........... .......4.5 OWNER's responsibility for ........................ 8.10 Partial Utilization- definition of ........................................ 1.28 general ...................................6.30.2.4. 14.10 Propeny Insurance .. .. .. . .. .. .. . .. .. . . .. .. .. .. .. . .. 5.15 Patent Fees and Royalties .. . .. .. .. .. .. .. .. . .. . .. .. .... 6.12 Payment Bonds.. ................................... 5.1-5.2 Payments. Recommendation or ............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion- Application for Progress Payments .................. 14.2 CONTRACTOR.s Wamnty ofude ................. 14.3 Final Application for Payment ...................... 14.12 Finallaspection ...................... .............. 14.11 Final Payment and Acccprance ............... 14.13-14.14 gena ...........................................8.3. 14 Pan:ial Utilization .................................. 14.10 Retainage ........................................... 14.2 Review of Applications for Progress Payments.................................. 14.4-14.7 prompt payment ..................................... 8.3 Schedule of Values .................................. 14.1 SubstandaJ Completioa .. ~ ... .. . .. .. .. .. ........ 14.8-143 Waiver of ClainIs .................................. 14.15 when payments due .....................~.... 14.4. 14.13 withholding payment ................................ 14.7 p..rfornzaace Bonds .................................5.1.5.2 Pennits ........... ................. ..... ..............6.13 9 e Articl~ Or Paragraph Numb~r ..) P=trolcum- deiinition of ........................................ 1.30 Jeneral ............................ . .. . . .. .. .. .. . . ... 4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions- Drawings of. in or relating to .................. ... 4.2.1.2 ENGINEER's review.............................. 4.2.4 existing structures .................................. 4.2.2 . ,enena! ........................................... 4.2.1.2 Subsurf'ac:e and. ...................................... 4.2 Underground FaCIlities ............................... 4.3 Possible ConU'aCt Documents Change ............... 4.2.5 Possible Price and Times Adjustments ........ . . . . . . 4.2.6 ReportS and Otawings .............................. 4.2.1 Notice of Differing Subsurface or. .................. 4.2.3 Subsurface and ..... . . .. . .. .. . .. .. . . .. . . . .. . .. .. .. .. . 4.2 Subsurface Conditions.......:.................... 4.2.1.1 Te:::hnical Data. limited Reliance by CONTRACTOR Authorized .................... 4.1.2 Underground Faalities- genena! ..........................................4.3 Not Shown or Indicated .. .. . .. .. .. .. . .. . .. .. .. 4.3.1 Protection of ............................... 4.3. 6.10 Shown or Indicated ............................4.3.1 Technical 0a1a ..................................... 4.2.2 Prel:onstruc:tion Conference ................. ...........2.8 Preliminary Maners ...................................... 2 ~ Schedules ...... ........ ......... ...........1.6 Pre:nises. Use of ................................. 6.16-6.18 Price, Change of Conuact ............................... I I Price, Conuact~efinition of .......................... 1.11 Progi-ess Payment, Applications for .................... 14.2 Progress payment-rctainagc ....... ................... 14.2 Progress schedule. CONTR.A.CTOR's ..... 2.6.2.8.2.9.6.6. 6.29. 10.4. 15.2.1 Proje:::t--definition of .................................. 1.3 I Project Represenwivc:- ENGINEER's SWus During Consuuction ............ 9.3 Project Representative. Resident --defitUtionof .......~.............................. 1.33 prompt payment by OWNER ........................... 8.3 Property Insurance Additional ............................................ 5.7 general .......... ~............................... 5.6-5.10 Partial Utilization.. ......................... S.IS. 14.10.1 receipt and application of proceeds .................................. 5.12-5.13 Prorec:tion, Safety and ....................... 6.20.6.21. 13.2 Punch list ............................................ 14.11 Radioactive Material- definition ....................... ........... ......... 1.32 general .............. .. .. . . . . . . .. .. . . .. .. . . .. . . .. .. . . 4.5 OWNER's responsibility for . .. .. .. .. .. .. .. .. .. ..... 8.10 Recommendation of Payment .............. 14.4. 14.5. 14.13 Record Documents ............... .............. 6.19. 14.12 Rccards. procedures for maintaining .................... 2.8 Reference Points ....... .. .. . . .. .. . .. .. .. .. .. .. .. .. .. ... 4.4 Reference to Standards aad Spcc:ificllions ofTec:hnical Societies ................................ 3.3 ,) ....: ~ e Articl~ or PlJI'agraph Number Regulations. laws and (or) ............................ 6.14 Rejecting Defective Work. .. .... .. .. .. .. .. . .. .... ....... 9.6 Related Work- at Site ...........................................7.1-7.3 Perionned prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies. cumulative ............................ 17.4, 17.5 Removal or Corm:tion of Defective Work .................................... 13.11 rental agreements. OWNER approval required ...................................... 11.4.5.3 replacement of ENGINEER. by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5. 3.3.2. 6. J4.2 Reports- and Drawings ...................................... 4.2. J and Tests. OWNER's responsibility .................. 8.4 Resident Project Representative- definition of ........................................ 1.33 provision for ......................................... 9.3 Resident Superintendent. CONTRACIOR's ............. 6.2 Responsibilities- CONTRACTOR's-in general ...........................6 ENGINEER's-in general ............................... 9 ~tations on ....................................9.13 OWNER's-in general ..................................8 Retainage ............................................. 14.1 Reuse of Documents ................................... 3.7 Review by CONTRACIOR: Shop Drawings . and Samples Prior to Submittal ...................... 6.25 Revicw of Applic:Wons for Progress Payments ...................................... J4.4-J4.7 Right to an adjustment ................................ 10.2 Rights of Way .......................................... 4.1 Royalties. Patent Fe:s and ............................. 6. J2 Safe Suuctur:1lloading .......................... ..... 6. J 8 Safety- and Protection .......4.3.2. 6.16. 6.18. 6.2~.21, 7.2., J3.2 general .. .. . . . .. . . .. .. .. .. .. .. . . .. .. .. .. .. .. ... 6.2~.2J Representative. CONTRACTOR's ................... 6.2J Samples- definition of ........................................ 1~ general . .. .. . .. .. .. . .. .. .. .. .. .. .. .. .. .. . .. .... 6.24-6.28 Review by CONTRACTOR ................... ......6.25 Review by ENGINEER ....................... 6.26. 6.27 related Work ............................... ~ .... .... 6.28 submiaaI of ....................................... 6.24.2 submittal pn)Cedurcs ................................6.25 Schedule of progress ..... 2.6. 2.8-2.9. 6.6. 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submiaals ....................... 2.6. 2.8-2.9. 6.24-6.28 Schedule of Values ........................ 2.6. 2.8-2.9. J4.1 Schedules- Adherence to ..................................... 15.2.1 Adjusting.................................... ........6.6 Change of Conuac:t Times .............. ... ......... J0.4 Initially Ac:c:eplable ............................... 2.8-2.9 Preliminary .................... ~..................... 2.6 Scope of Changes .............................. 10.3- JO.4 Subsurface Conditions .............................. 4.2.1.1 10 e Art;cl~ or Paragraph . Number ) Shop Drawings- -and Samples. general ........................... 6.24-6.28 Change Orders &:. AppliCl.tions 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 submiaal required ................................. 6.24.1 Submiaal Procedures .. .. .. . . .. .. . .. . . .. .. . .. . .. . . .. 6.25 use to approve substiwtions ........................ 6.7.3 Shown or Indicated..... ..............................4.3.1 Site Access ....................................... 7.2. 13.2 Site Oeanliness ....................................... 6.17 Site. VISits 10- by ENGINEER ............ .... .. .... ... .. .... ... 9.2. 13.2 by others ........................................... 13.2 "SpedaJ causes ofloss" policy fonn. insurance ....... 5.6.2 Spec:itications- deiinition of .................................. .. . . .. 1.36 ofTechnicaJ Societies. reference to .................3.3.1 precedence ........................................ 3.3.3 Srandards and Specifications of Technic:a.l Societies .......................................... 3.3 Starting Construction. Before ....................... 2.5-2.8 Starting the Work ...... . . .. . .. .. .. .. .. .. .. .. .. .. . . .. ... 2.4 Stop or Suspend Work- by CON'TRACIOR ................................. 15.5 by OWNER ............................. 8.8. 13.10. 15.1 Sto~ of materials and equipment ................. 4.1. 7.2 Struc:lUraI Loading. Safety........ ........ .... ...... .. . 6.18 Subc:ontnctor- Concerning. ..................................... 6.8-6.11 deiinition of .............. ........................... 1.37 dciays .............................................. 12.3 waiver of rights ..................................... 6.11 Subcontnctors--in general . . . . . . . . . . . . . . . . . . . . . . . . 6.8-6.1\ Subcontracts-required provisions ...:.... S .11. 6.11. 11.4.3 Submiaals- Applications for Payment ......... ...... .... ... ..... 14.2 Maintenaacc and Operation Manuals ............... 14.12 Procedures ........ ...................... ..... ...... 6.2.S .-) 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- . c:crtificaDon of ........................ 6.30.2.3. 14.8-14.9 definition of ................................. .. .. ... 1.38 Substitute Construction Methods or Procedures . . . . . .. 6.7.2 SubstitlltCS and "Or Equal.. Items ...................... 6.7 CON'TRACIOR's Expense ....................... 6.7.1.3 ENGINEER's Evalualion ..........................6.7.3 M()r.Equal.. ...... .................................. 6.1.1 SubslituIe Construction Methods of Procedures ..... 6.7.2 e Arr;cl~ or Paragraph Number Substitute Itel11S ..................................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 Physic:aJ Conditions ................................ 4.2.3 Physical Conditions ................................. 4.2.1.2 Possible ContnlCt 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 Te:hnical Data ..................................... 4.2.2 Supe:vision- CONTRACI'OR's responsibility ...................... 6.1 OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2. 9.13.2 Superintendence ....................................... 6.2 Superintendent. CONTRACI'OR's resident ...........6.2 Supplemental costs .................................. 11.4.5 Supplementary Conditions- definition of ........................................1.39 principal reference to ....1.10. 1.18.2.2.2.1.4.2.4.3.5.1. 5.3.5.4.5.6-5.9.5.11.6.8.6.13.1.4.8.11.9.3.9.10 Supplementing Contract Documents .................... 3.6 Supplier- definition of ........................................ 1.40 principal references to .................. 3.1. 6.5. 6.8-6. n. 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 q~Ui~on of ...................................5.1-5.3 Survival of Obligations ....... .. . .. . .. . . .. .. . . . .. . .. ... 6.34 Suspend Work. OWNER May .................. 13.10. l.s. J Suspension of Work and Tennination- .................. IS CONTRACTOR May Stop Work or 1renaUnale ........................................ 15.5 OWNER May Suspend Work .................. .. ... IS.I OWNER May Terminate ....................... 15.2-15.4 Taxes.Payment by CONTRAC'IOR .. ......... .........6.15 TC"'mcal 0aIa- Umited Reliance by COl'c'TRACTOR ............... 4.2.2 Possible Price and Tunes Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary constrUction facilities ........................ 4.1 Termination- by CON1'RACTOR ................................. 15.5 by OWNER ............................... 8.8. 15.1-15.4 of ENGINEER's employment........ ...........".... 8.2 Suspension of Work.in gener:al ........... . . . .. .. .. . ... " Terms and Adjec:Uvcs .................................. 3.4 Tests and Inspections- 11 e ) Aniele or Paragraph . Number .Ac::ess to the Work.. by othen ...................... 13.2 CONTRACI'OR's responsibilities .................... 13.5 cost of ......... .. . . . . .. .. .. ...:. . .. .. '. . . . . . . . . .. ... 13.4 covering Work. prior to ......................... 13.6-13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defcc:is ................................... 13.1 OWNER May Stop Work. .......................... 13.10 OWNER's independent testing ...................... 13.4 spe..."iaI, requir= by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work. at ENGINEER.s request .................................... 13.8-13.9 Tunes- ~justing ............................................6.6 Change of Contract ................................... 12 ~j~ng ............................................6.6 ~~pu~on of ...........~,........................ 17.2 ~ntract Times--deftnition of ....................... 1.12 day.............. ............. .................... .17.72 MIlestones ........................................... 12 Requirements- appeals .......................................... 16 clarifications. claims and dispuEcs .............................9. J I, 11.2. J2 commencement of contract times ................... 2.3 pn:construc:tion conferenc:: ......................... 2.8 schedules ................................. 2.6, 2.9. 6.6 sCUting the Work .................................. 2.4 Tide, 'WarTanty of ..................................... J4.3 Uncovering Work. ................................ 13.8-13.9 Underground Facilities. Physical Conditions- dctinition of ........................................ J .41 Not Shown or Indic:ated ............................ 4.3.2 protection of ................................... 4.3. 6.20 Shown or Indic:ated ................................ 4.3.1 Unit Price Work- claims ............................................ t 1.9.3 definition of ........................................ t .42 genCral ................... ............... 11.9. 14.J, 14.S Unit Prices- aeueral ........................................... t J .3.1 Determination for ................................... 9.10 Use of Premises ........................ 6.16.6.18.6.30..2.4 Udlityownc:n ...................... 6.J3. 6.20. 7.J-7.3. J3.2 ) e Anic/e or Paragraph Number Utilization. Partial ............... 1.28, 5.IS. 6.30. 2.4. 14.10 Value of the Work. ............... ..................... 1 J.3 Values, Schedule of ....................... 2.6,2.8-2.9. 14.1 Variations in Work-Minor Authorized ................................ 6.2S. 6.27. 9.5 Visits of Site-by ENGINEER ......................... 9..2 Waiver of Claims~n Final Payment ........................................... 14. JS Waiver of Rights by insured panies ...... ......... 5.11. 6.11 Warranty and Guarante:. General-by CONTRACTOR .................................... 6.30 Warranty of Title. CONTRACTOR's ................... J4.3 Work- . Ac:cess to ........................................... 13..2 by others, .............................................7 Changes in the ....................................... 10 ~ntinuing the. ................... . .. .. .. . .. .. .. . ... 6.29 CONTRACTOR May Stop Work or Tenninate ................................... 15.5 Coordination of ...................................... 7.4 Cost of the .........................:........... 11.4-1 J.5 definition of ........................................ 1.43 neglected by CON'TRACI'OR ...................... 13. J4 other Work ............................ ......... .......7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10. 1$.1 Related. Work at Site............................. 7.1-7.3 Sraning the .......................................... 2.4 Stopping by CONTRACI'OR ........................ 15.5 Stopping by OWNER .......................... 15.1-15.4 Variation and devialion authorized. minor...........................................3.6 Work Change Directive- claims pursuant to .................................. JO..2 definition of .............................. .......... 1.44 princijnl references to .................... 3.5.3. JO.I-10.2 Written Amendment- definition of ........................................ 1.4$ principal references to ... 1.10, 3.5. 5.10, 5.12. 6.6.2. 6.8.2. 6.J9. 10.J, 10.4, 11.2, 12.J, 13.12.2. 14.i.! Written Clarifications and Interprerarions ........................... 3.6.3, 9.4. 9.11 Written Notice Required- by CO~1RACTOR ........ 7.1. 9.1~9.1I, 10.4, 11.2. 12.1 by OWNER....................9.1~9.1I, 10.4.11.2, 13.14 12 e GENERAL CONDITIONS -ARTlCLEI--DEFTiNr.nONS Wherever used in these General Conditions or in the other CoDUact Documents the roUowing terms have the meanings. indicalCd which arc applicable to both the singular and plural thereor: 1.1. Addend4-- Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement--The written contract between OWNER and CONTRACTOR covering the Work to be perfonned; other Contract Documents arc anached to the Agreement and made a part thereof as provided th.c:rein. 1.3. Applicationfor payment--The ronn accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be ac:compinied 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 Stales 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 rorm. and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). . 1.7. Bidding Requiremenu--The advertisement or invita- tion to Bid. instructions to bidders. and the Bid fonn. 1.8. Bonds-Performance and Payment bonds and other instruments oC security. 1.9. Change Order-A document recommended by ENGI- NEER. which is signed by CONTRAC'IOR and OWNER and authorizes an addition. deletion or revision in the Work. or an ad"jUSUDent in the Contract Price or the Contract Tunes. issued on or after. the Erective Date of the Agreement. . ) ....:. 1.10. Contract DoClUftents--The Agreement. Addenda (which pertain to the Contract Doc:uments). CONTRACTOR's Bid (iacluding documentalion accompanying the Bid and any post Bid documentation submitted prior to the Notice oC Award) when attached as an exhibit to the Agreement. the Notice to Proceed. the Boads. these Geaeral Conditions. the Supplementary Conditions. the Specificalions and the Draw- iap as the same arc more specifically identified in the Asr=- e ment. together with all Written Amendments. Change Orders. Work Change Directives. Field Orders and ENGINEER's written interpretations and clarific::uions issued pursuant to paragrapbs 3.5. 3.6.1, and 3.6.3 on or after the Effective Date or the Asr=menL Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.rJ and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. COnlract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in ac::ordancc with the Contract Documents as swed in the Agreement (subject to the provisions of par.lgraph 11.9.1 in the case of U nit Price Work). 1.12. Contract Tunes--The numbers of days or the dates swed in the Agreement: (i) to achieve Substantial Completion. and (ij) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's wrinen recommenda- tion or final payment in accordance with paragraph 14.13. 1.13. CONTRAClOR-The person. firm or corporation with whom OWNER has ente:'ed into the AgrcemenL 1.14. d~f~ctive-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 Contrac:t 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- biIityfor the protection thereofhas been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). . US. Drawings-The drawings which show the scope. extent and character of the Work to be furnished and per- fonned by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings arc not Drawings as so defined. 1.16. Efftctivt Datt o/tht Agrttmtnt--The date indic:atCd in the Agreement on which it becomes eft'caive. but if no sucb date is indicalCd 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. linn orcorporaJion named as such in the Agreement. 1.18. ENGINEER's COlUulzant--A person. finD or corpo- ration having a conb'act with ENGINEER to furnish services as ENGINEER's independent professional asso.-i:ll,,. or con- sultant with respect to the Project and who is identified as such in the Supplemenl3ly Conditions. 1.19. Field OrtUr-A written order issued by ENGINEER which orders minor cbanges in the Work in acc:ordance widl paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Tunes. 13 e 1.20. G~n~ral R~quir~l7'Ients-Scctions of Division I of the Specifications. . 1.21. Ha;.ardous Waste-The tenn Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 69(3) as amended from time to time. 1.22. lAws and R~::ulations: lAws or Reguilllions-Any and an applicable laws. rules. regulations. ordinances. codes and orders of any and all governmental bodies. agencies. authorities and courts having jurisdiction. 1.23. Liens-Uens. charges. security interests or encwri- br3nccs upon n::lI property or personal property. 1.24. Milestone-A principal event specified in the Con- tract Documents relating to an intcrmediate completion date or time prior to Substantial Completion of all thc Worle.. ,1.25. Notice of A ward-The wrinen no tic: by OWNER to the apparent successful bidder stating that upon compliancc by the apparent successful bidder with the conditions precedent enumer.ued therein. within the timc specilied. OWNER will sign and deliver the AgrcemcnL ') 1.26. Norice to Proceed-A written noaccgiven by OWNER to CONTRACTOR (with a copy to ENGINEER) lixing the dale on which the Contract Tunes will commencc to run and on which CONTRACTOR shaD SWl to perform CONTRAC- TOR.s obligations undcr the Contract Documents. 1.27. OWNER-The public body or authority. corpora- tion. association. firm or person with whom CONTRACI'OR has entcred into the Agreement and for whom the Work is to be provided. 1.28. Partial Urilization-Use by OWNER of a substan- tiaDy completed part of the Work for the purpose for which it is intcnded (or a related purpose) prior to Substantial Complction of aD the Work. 1.29. PCBs-Polychlorinated biphenyls. 1.30. Petroleum-P=rroleum. including crude oil or any f'raction thereof which is liquid at standard conditions of temperature and pressure (60 degre:s Fahrenheit and 14.7 pounds per square inch absolute). such as oil. peuolewn. fucl oil. oil sludge. oil refUse. gasoline. kerosene. and oil mixed with other non-Hazardous Wastcs and crude oils. 1.31. Project-The total consuuction of which the Work to be provided under the Contract Documents may be thc wholc. or a part as indicated elsewhere in thc Contract Documents. ) \...... . 1.32. &dioacnve Maurilll-Sourc:. special nucl=r. or byproduct malerial as defined by the Atomic Energy Act of 19S4 (42 use Section 2~11 ct seq.) as amended from time to time. e 1.33. Resident Project RepreselUative- The authorized representative of ENGINEER who may be assigned to the sitc or any pan ~hereof. 1.34. Samples-Physical examples of materials. equipment. or workmanship that are represenwive of some portion of the Work and which establish the standards by which such portion of the Work WIll be judged. 1.35. Shop Drawings-All drawings, diagrams. musua- lions. schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Sptcijications-Those portions ofthc Contract Doc:- uments consisting of wrinen technical descriptions of malCri- a1s. equipmcnt. construction systems. standards and workmao- ship as applied to thc Work and certain adminisuative derails applicable thereto. 1.37. $ubcontraclor-An individual. firm or corporation having a direct contract with COt-o.'TRACI'OR or with any other Subcontractor for the perfonnance of a part of the Work at the site. 1.38. SubsranriDl Complerion-The Work (or a speciiied part thereof) has progressed to the point where. in the opinion of ENGINEER as evidenced by ENGINEER's dcfinitive certificate of Substantial Completion. it is sufficiently com- plctc. in ac:ordance with the Contract Doc:uments. so that the Work (or specified part) can be uulized for thc purposes for which it is intcnded; or if no such certificate is issued. when the Work is complete and ready for final payment as cvidenc::d by ENGINEER's wrinen recommendation of final payment in accordance with paragraph 14.13. The terms "substantiaDy completc" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions-The part of the C.ontract Documents which amends or supplements these General C0n- ditions. 1.40. Supplier-A manufacture:. fabricator. supplier. dis- tnDutor. materialman or vendor having a direct contract with eON'nACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in thc Work by eON- TRACI'OR or any Subcontractor. 1.41. Underground Faci1ities-AJI pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunncls or other such faCIlities or aaachments. and any encasements containing such f'aC1lities which have been instal1ed undcrground to furnish any of the fOllowing services or materials: electricity. gases, steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traiIic or other control systems or water. 1.42. Unit Price Work-Work to be paid for on the basis of unit prices. 14 e 1.~3. Work-The entire completed constrUction or the var- ious separately identifiable partS thereof required to be fur- nished under the ContnlCt DocumenlS. Work includes and is #le !":Suit of perfonning or furnishing labor and furnishing and incorporating nwerials and equipment into the constrUCtion. and perfonning or furnishing services and furnishing docu- menlS. all as required by the ContraCt Doc:umenlS. 1.44. Work C1umge Direcnlle-A written direc:tive to CON- TRACTOR. issued on or after the Effective Dale of the Agre:mcnt and signed by OWNER and recommended by ENGINEER. ordCrlng an addition. deletion or revision in the Work. or ~nding to differing or unforeseen physical condi- tions under which the Work is to be perfonned as provided in paragrapb 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 dim:ted or documented by a Work Change Dim:- tive will be incorporated in a subsequently issued Change Order ro11owing negotiations by the parties as to its cft'ect. if any, on the Contract Price or Contract Tunes as provided in pangrapb 10.2. 1.45. Written AmendIMnl-A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and nonnally dealing with the nonenginc:c:ring or nontechnical rather than saictly constrUction-relaled aspects of the ContnCt Docu- menlS. ',) AImCLE 2-PRELlMlNARY MAnERS ~ ofBotub: 2.1. When CONTRACTOR delivcn the executed Agree- ments to OWNER. CONTRAC'IOR shall also deliver to OWNER such Bonds as CONTRACIOR may be required to furnish in accordance with paragraph 5.1: OJpia of DGCrI1IInItS: 2.2. OWNER shall furnish to CON'TRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract OocumenlS as are reasonably neces- sary for the execution of the Work. Additional copies WI'I be furnished. upon request. at the cost of reproduc:don. ~1It of ContnM:t rllllG; NOIiu III Procted: .....) 2.3. 1be Contrxt TlDtcs will commence to nm on the tbini- em day aflcT the Eft'ecrive ~ of the Apccmenl. or; if a Notice ro Proceed is sivcn. on Ehe day indic:alcd in the Notice to Proc=d. A Notic: ro Proc=d may be given at any time within rbiny days afrcr the Effective Dare of the Asr=mcnL In no event will the e Contm:t Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Dale of the Agreement. whichever dale is c:uiier. Slllrting 1M Work: 2.4. CONTRACTOR shall start to pertonn the Work on the date when the Cont1'3ct Tunes commence to run. but no Work shall be done at me site prior to the date on which the ConEraCt Times commence to run. Before SlIIning ColUlnll:dDn: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully swdy 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 CON1'RAC- TOR may discover and shall obtain a written interpretation or c1arification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACI'OR shall not be liable to OWNER or ENGINEER for fai)ure to report any conflict. error. ambiguity or discrepancy in the ConEraCt Doc- uments. unless CONTRACI'OR 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). CONTRAC'I'OR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indic:aDng the times (numbers of days or dates) for srardng and completing the various stagcs 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 agregating the Conuac:t Price and will subdivide the Work into component parts in sufficient detal' to serve as the basis for progress payments during construction. Such prices wm 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. certificatcs ofinswance (and other evidence ofinsuranc:c which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4. 5.6 and 5.7. Pr<<onstrrll:litJn ClJnfereru:e: 2.8. Within twenty days after the Contract Tunes start to run. but before any Work at the site is started. a conference IS e altI:nded by CONTRACTOR. ENGINEER and others as ap- propriate wlll be held to establish a working understanding -among the panies as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Dr.lwings and other submittals. processing Applic::uions for Payment and maintaining required records. lniIitz/ly Ao:qtD!J14 S~: ). 2.9. Unless otherwise provided in the ConU'ac:t Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACIOR, ENGINEER and others as appropriate wlll be held to review for ac:eptabJlity .0 ENGINEER as provided below'the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR sha11 have an additionaJ ten clays to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shaJl be made to CONTRACTOR until the schedules arc submitted to and acceptable to ENGINEER as provided below. The progress .schedule wlll be acc:cptable to' ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times. but such acceptance wlll neither impose on ENGI- NEER responsibility for the sequencing. scheduling or progress ot"the Work nor interfere with or relieve CONTRACIOR from CONTRACTOR's full responsib11itytherefor. CONTRACTOR's ~edule ot" Shop Drawing and Sample submissions wlll be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required subminaJs. CONTRACTOR's schedule ot" values wlll be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE IIIIDIt: 3.1. The Contract. Documents comprise the entire agree_ ment between OWNER and CONTRACTOR conc:cming the Work. The Contract Documents are complemenrary; what is called for by one is as binding as if called for by aJl. The Contract Documents will be construed in accordance with the law of the place of the Project. .) 3.2. It is the intent of the Contract Documents to describe a f'unctjonaJJy complete Project (or part thereof) to be con- SUfu:Zed in acc:oi'dance with . the Contract Documents. Any Work. mareria1s or equipment that may reasonably be inferred iom the Contract Doc:uments or from prevailing custom or trade usage as being required to produce the intended result wiD be fUrnished and performed whether or not specificaDy caDed for. When words or phrases which have a weD- known t~nicaJ or construction industry or trade meaning arc used to describe Work, materials or equipment. such words or'phrases sbaD be interpreted in accordance with that meaning. Carifi- '- e calions and interpretations of lhe Contract Documents shaJl be issued by ENGINEER as provided in paragraph 9.4. 3.3. Re/~a tIJ SIDnIlart/s and Spedjicrzlions 01 Techniazl Socittiu; Reponing and Ruolving DiscnptUU:iG: 3.3.1. Reference to standards, specifications, manuals or codes of any technic:aJ society. orpnization or ~r:ion. or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implicar:ion, shaJJ mean the latest standard. specification, manual. code or Laws or Regulations in effect at the time of opening ot" Bids (or. on the E1fcctive Date of the Agreement if there were no Bids). except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work. CON- TR.o\CIOR discovers any conflict. error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Doc:uments and any provision of any such law or Regulation applicable to the ~rfonnance of the Work or of any such standard, specification. manuaJ or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shaJl report it to ENGINEER in. writing at once. and, CONTRACroR shaJl not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.13) unlll an amendment or supplement to the ConU3Ct Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided. however, that CONTRACTOR shaJl not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or cflSC:n:pancy unless CONTRACTOR knew or reaso~ ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Doc:uments or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall lake precedence in resolving any conflict. error. ambiguity or discrepancy between the provisions of the Conaaa Documents and: 3.3.3.1. the provisions of any such standard, speci- fication. manual, code or instruction (whether or not specific:aJly incorponued by reference in the Contract Documents); or 3.3.3.2. the provisions of any such laws or Regu- lations applicable to the perfonnance of the Work (unless such an interpretation of the provisions of the Conuaa Documents would result in violation of such Law or Regulation). No provision of any such standard. specification, manual, code or iusiruction shaJl be effective to change the duties and responsibiIitiesofOWNER. CONTRACT'OR or ENCiINEER. or any of their subcontractors. consultants. agents, or em- ployees from those set forth in the Conaac:t Documents. nor shaJl it be effective to assign to OWNER. ENCiINEER or any ofENCiINEER's Consultants. agents or :mployees any duty or authority to supervise or direct the furnishing or 16 e performance of the Work or any duty or authority to under. aUce responsibility inconsistent with the provisions of para- e gnaph 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 aJlowed:' "as approved" or terms of like effect or import are used, or the adjectives "reasonable:' "suitable:' "acceptable:. "proper" or ..satisfactory" or adjectives of like eft'ect or import arc used to describe a requirement. direction, review or judg- ment of ENGINEER as to the Work, it is intended that such Rquirement. direction. review or judgment will be solely to evaluate. in general. the completed Work for compliance with the Rquirements of and information in the ConU'ac:t Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contrac:t Documenu (unless there is a specific statement indicating otherwise). TIle use of any such term or adjective shaJl not be" effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance 9f the Work or any duty or authority to undertake responsibility contrary to the provi- . sions ot" paragraph 9.13 or any other provision of the ContMlCt Documents. AInauIiar tmd Supplcm.en1inr ColIIITII:t DtJaIIJIDIIS: ) 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the tenDS and conditions thercofin 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 pangraph 10.1). 3.6. In addition, the requirements of the Contract Docu. ments may be supplemented, and minor variations and devia- dons in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (~t to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to pangraphs 6.26 and 6.27). or 3.6.3. ENGINEER.s written interpretation or clarifica- tion (pursuant to paragraph 9.4). Ra.tI/~ ) 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or orpnizaDon performing orfumishing any of the Work under a direct or indirect conaact with OWNER (i) shaD not have or acquir: any tide to or ownership righu in any -.' e of lhe Drawings. Specifications or other documents (or copies of any thereoO prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant. and (ij) shaJl 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 wriucn verification or adaption by ENGINEER. ARTICLE 4-AVAILABIUTY OF LANDS; SUBSURFACE AND PHYSIC"L CONDmONS; REFERENCE POINTS Awz:iIlzbilily of Ltzn4s: 4.1. OWNER shall furnish, as indic:a.ted in the Contr.ICt Documents. the lands upon which the Work is to be performed. rights-Of-way and e:!:;ements for access thereto. and such other lands which arc designated for the use ot" CONTRACIOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a co",e::t 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 nec:ssary for giving notice of or filing a mechanic's lien against such lands in acccrdance wilh applicable Laws and Regulations. OWNER shall identify any enc:umbr.mces or restrictions not of general application but specifically n:lated to use of lands so f'umished with which CONTRACTOR will have to comply in performing the Work. Easements (or permanent structures or permanent changes in existing f'aaiities WIll be obcaincd and paid for by OWNER. unless otherwise provided in the ConC"aCt Docu- menu. IrCONTRACTQR and OWNER arc unable to agre= on entitlement to or the amount or extent of any adjustmenu in the ContraCt Price or the Contract Times as a result ot" any delay in OWNER's furnishing these lands, rights-ot"-way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and aC""..:ss thereto that may be required for temporary .construction f'acilities or storage of materials and cquipmcnL 4..1. SuJmuf=e tIIUl p~ ColllliliDns: 4.2.1. Repons and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. SubsurfllC~ Condilions:TIlose reports ofexplo- rations and tests of subsurface conditions at or contiguous to the site that have be-..n utilized by ENGINEER in prcpariag the ContraCt Documents; and 4.2.1.2. Plrysicm ConJjzions: Those drawings ot" physic::LI canditions in or rcIating to existing surfac: or subsurface suuctUres at or contiguous to the site (except Undergrouad FaClities) dial have been un1ized by ENGINEER in p~ ing the Contract Documents. 17 e 4.2.2. Limiled Rtlimrce by CONTRACTOR AUlhoriz.ed: Technical Dala: CONTRACIOR may rely upon the general ac::uracy of the "technical c1ata" contained in such reports and · drawings, but such reports and dmwings are not ConU'ac:t Documents. Such "technical data" is identified in the Supple. mentary Conditions. Except for such reiiance on such "tech- nical eIata." CONTRACIOR may not rely upon or make any claim against OWNER. ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2. J . the completeness of such reports and drawings for CONTRACTOR's purposes. including. but not limited to. any aspects of the means. methods. techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data. interpretations, opinions and infor. mation contained in such reports or shown or indicated in such drawings. or . - 4.2.2.3. any CONTRACIOR interpretation ot" or conc:lu- sion . drawn from any "technic:aJ c1ata" or any such data., interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physic:aJ condition at or contiguous to the site that is uncovered or rcvcaJed either: ') 4.2.3.1. is of such a nature as to establish that any ..technic:aJ data" on which CONTRACIOR is entitled to . rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate. or 4.2.3.2. is of such a nature as to require a change in the Contract Documents. or 4.2.3.3. differs malerially from that shown orindicatcd in the Contract Documents. or 4.2J.4. is of an unusual nature. and diff'en materially t"rom conditions ordinanly encountered and generally rcc:og- nized as inherent in work of the character provided for in the Contract Doc:uments; then CONTRACI'OR shall. promptly after becoming aware thereof and before further disturbing conditions affec:ted thereby or perfomUng any Work in coMccUon therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in COMedian therewith (except as af'orcsaid) UDal re- ceipt of written order to do so. . -) ....... 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity ot" OWNER's obtaining additionaJ exploration or tesU with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) ot" ENGINEER's findings and conc:tusions. e 4.2.5. Possible CONTact Documenls Change: If ENGI- NEER concludes that a change in the ConU'ac:t Documents is required as a result of a condition that meets one or more of the Cllegories in paragraph 4.2.3.. a Work Change Dir=:Uve or a Change Order WIll be issued as provided in Anicle 10 to rcftect and document the consequenc:s of such change. 4.2.6. Possible Price and Tunts Adjustments: An equitable adjustment in the Contract Price or in the Contract Times. or both. will be allowed lO the extent that the existence of such uncovered or revealed condition causes an inc:rcase or de- crease in CONTRACIOR's cost of. or time required for perfonnance of. the Work; subject, however. to the following: 4.2.6.1. such condition must meet anyone or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4. inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 WIll not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment: 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis. any adjustment in Contract Price wtll be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACIOR shaJl not be entitled to any adjustment in the Contract Price or nmes if; 4.2.6.4.1. CONTRACI'OR knew of the existcnc: 0( such conditions at the time CONTRACTOR made a finaJ commitment to OWNER in respect of Contract Price and Contract TlfDes by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination. investigation. exploration. test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRAcroR's making such finaJ commitment; or . 4~6.4.3. CONTRACTOR failed to give the wriaen notice within the time and as required by paragraph 4.2.3. If OWNER. and CO)\. ':-RACI'OR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Tunes, a claim may be made thcrcforas provided in Articles 11 and 12. However. OWNER. ENGINEER and ENGINEER's Consult- ants shaJI not be liable to CONTRACTOR for any c:!aims, costs. losses or cfamag:s sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. PIrysiaIl CondiJi.olU-UlIIWrroruul FadliIiu: 4.3.1. Shown Dr Indk:tlled:The infonnaDon and dalasbown or indicated in the Contract DoauDcnts with respec:l to existiag Undcrpnmd Fac:iliacs at or c:onbguous to the site is based on 18 e information and data furnished to OWNER or ENGINEER by · the owners of such Underground Facliues or by others. Unless it is olhe:wisc: expressly provided in the Supplementary Condiuons: 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 rcspon- sioility for: (i) reviewing and checlcing aJl such information and dam. (ii) loc:ating all Underground Facilities shown or indic::alCd in the Contract Documents. (iii) coordination of the Work with the owners of such Underground Facilities during constnJc:tion, and [IV) the safety and protection of all such Underground Fac:iJities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. ) 4.3.2. Not Shown 0,. Indicated: If an U ndcrground F.u:ility is uncovered or revcaJed at or contiguous to the site which was not shown or indicated in the Conr.ract Documents, CON- TRACTOR shaJl. promptly after becoming aware thCl'Cof 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 Faclityand give written notice to that owner and to OWNER and ENGINEER. ENGINEER W1ll prompdy review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reftect 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, CONTRACIOR shaJl be ~n- sible for the safety and protection of such U ndcrground F.u:thty as provided in paragraph 6.20. CONTRACIOR shaJI be aJ- lowed an increase in the ContraCt Price or an extension ot" the Contract limes. or both, to the extent that they are ann~utable to the existence of any Underground Factlity 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 arc unable to agree on enude- mcnt to or the amount or length of any such adjusanent in Conuac:t Price or Contract Tunes, CONTRACTOR may make a claim theret"or as provided in Articles 11 and 12. However. OWNER. ENGINEER and ENGINEER's Consultanu shaD 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. Rcferenu pQWs: ) 4.4. OWNER shaJl provide enginccring surveys to esI3b- &sh reference poinu for construction which in ENGINEER's judgment arc necessary to enable CONTRACTOR to proceed with the Worlc. CONTRACIOR shaD be responsible for laying out the Worlc. shall protect and preserve the established reference poinu and shaJl make no changes or relocuiollS _. e withoul the prior written approval of OWNER. CONTRAC- TOR shan report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because ot" necessary changes in gr.uies or loc::uions. and shaJl be respon- sible for the accur:ue replacement or relocation of such refer- ence poinu by proCessionally quaJified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestcs, PCBs, Petroleum. Haz:udous Waste or Radioactive MaleriaI uncovered or revealed at the site which was not shown or indicw:d in Drawings or Specific:alions or identified in the Contract Documenu to be within the scope of the Work and which may present a subsrantial danger to pe:$Ons or property exposed thereto in connection with the Work at the site. OWNER shalJ not be rcspoftS\ble for any such rrwcriaJs brpught to the site by CON1RACTOR. Subc:onuaaor, Suppli- ers or anyone else for whom CONTRACTOR is responstble. 4.5.2. CONTRACTOR shaJl immediately: (i) stop all Work in connection with such hazardous condition and in anv area. affected thereby (except in an emergency as re- quired by paragraph 6.23). and (ii) notify OWNER and ENGINEER (and thereafter confinn such notice in writing). OWNER shaJl promptly consult with ENGINEER conc:cm- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shaJl 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 permiu related thereto and delivered to CONTRACTOR spec:iaJ wriucn notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work. or (ii) specifying any speciaJ 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 limes as a result of such Work stoppage or such spec:iaJ conditions under which Work is agreed by CON- TRACTOR to be resumed. either party may make a claim therefor as provided in Articles 11 and 12- 4.5.3. If after receipt of such special written notice CONTRACIOR 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- t"ected area to be deleted from the Worlc. 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 ot" the Work. then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion ot" the Work perfonned by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent pennincd by Laws and Reg- ulations, OWNER shaI1 indemnify and hold harmJcss CON- TRACTOR. Subcontractors. ENGINEER, ENGINEER's 19 e Consultanu and the officers, directors, employees. agenu, other consultanu and subcontractors of each and any of them from and against aJ1 claims. cosu. losses and damages llrising out of or resulting from such hazardous condition. provided that: (i) any such claim. cost, loss or damage is ann"butable to bodily injury, sickness. disease or dC3lh. or to injury to or destruction of tangible property (other than the Work itself), including the loss ot" use resulting therefrom, and (ii) nothing in this subparagraph 4.$.4 shaJl obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. . 4.$.$. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos. PCBs. PetrOleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5-BONDS AND INSURANCE hrfOTI/J/#IU, PaytMlIl and OtUr Bonds: ) 5.1. CONTRAC'I'OR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of aJI CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shaJl remain in effect at least until one year after the date when final payment bcc:omes due, exccpt as pro~ded otherwise by Laws or Regulations or by the ContraCt Documents. CON'I'RACI'OR shall also furnish such other Bonds as arc required by the Supplementary Conditions. All Bonds shall be in the form presc:n'bed by the Contract Docu- ments except as provided otherwise by Laws or Regulations. and shaJl be executed by such sureties as arc named in the c:urrcm list ot""Companjes Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable ReiDsuring Companies" as published in Circular SiO (amended) by the Audit Staff. Bureau of Government Financ:iaJ Opera- tions, U.S. Tl'C3Sury Depanmcnt. All Bonds signed by an 8gCDt must be accom~ed by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a banknlpt or becomes insolvent or iu right to do business is terminated in any state where any part of the Project is located or it ceases to me:t the requirements of paragraph 5.1. CON"l'RAC'IOR shall within ten days thereafter substitute another Bond and surety. both ot" which must be acccpt:ablc to OWNER. 5.3. Lbnatl Sunlia and I~; CutijU:JIIG o/lllSlllflllU: ) 5.3.1. All Bonds and insuranc:: required by the Coruraet Documents to be purchased and maintained by OWNER or CONTRACTOR shaD be obtained from surety or insurance e companies that are duly licensed or authorized in the juris- diction in which the Project is loc::lted to issue Bonds or insurance policies for the limiu and coverages so required. Such surety and insurance companies shaJl aJso meet such additionaJ requirements and qualifications as milY be pro- vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additionaJ insured identified in the Supple- mentary Conditions. certificates of insurance (and other evidence of insurance requested by OWNER. or any other additionaJ insured) which CONTRACI'OR is required to purchase and maintain in accordance with paragnph 5.4. OWNER shaJl deliver to CONTRACTOR. with copies to each additionaJ insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tionaJ insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and S.; hereof. CONTRACTOR's LiDbilily Insurrmc~: 5.4. CONTRACTOR shaJl purchase and maintain such liabiiity and other insurance as is appropriilte for the Work being performed and furnished and as wm provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents. whether it is to be performed or furnished by CONTRACTOR, any Subc:ontr.lCtor or Supplier. or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work. or by anyone for whose acts any ot" them may be liable: 5.4.1. claims under workers' compensation. disability beneiits and other sinular employee be:lefit acts; 5.4.2. claims for damages because of bodily injury. oc- cupational sickness or disease. or death of CO~'TRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACI'OR's employees; 5.4.4. claims for damages insured by customary personaJ bVury liability cOVer.lge which arc sustained: m by any person as il result of an offense directly or indirectly related to the employment of such person by CON1'RACI'OR. or (ii) by any othcr person for any other reason; 5.4.$. claims for d:unages, other than to the Work iuelt. because of injury to or destruction of tangible property wherever loc::lted, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. 20 .> :.) e The policies ot" insur.ance so required by this pangraph 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- sionalliabitity) OWNER. ENGINEER. ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, aJl of whom shall be listed as additional insureds. and include coverage for the respective ofticcrs and employees of aJl such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limiu of liability provided in the Supple- mentary Conditions or required by Laws or Regula1ions. whichever is greater; 5.4.9. include comple~ opc~ons 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 wm not be cancelled. materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACrQR and to each other additional insured identified in the Supplemen- tary Conditions to whom a cenificate of insurance has been issued (and the certificates of insunmce furnished by the CONTRACTOR pursuant to paragraph 5.3.2 wiJ1 so pro- vide); 5.4.12. remain in effect at least until final payment and at . aD times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in ac:ordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance. and any insurance coverage written on a clairns-made.basis, remain in effect for at leaSt two years after final pa:":nent (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a cenmcale of insuranc:: bas been issued evidence satisf'actory to OWNER and any such additional insured of continuation of such insurance at final payment aud one year thereafter). OWNER'llJability l1Ul11T11r&6: 5.5. In addition to the insur.ance required to be provided by CONTRACTOR under par2graph 5.4, OWNER. at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as WIll protect OWNER aIaiust claims which may arise from operations under the Contract Documenu. hoP&d1I~ 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shaD purchase and maintain property insur- e ance upon the Work at the site in the amount of the f'uI1 replacement cost thereof (subjd to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shaJ1: 5.6.1. include the interests of OWNER. CONTRAC- TOR. Subconuactors, ENGINEER. ENGINEER's Con- sultanu and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable inlercst and shall be listed as an insured or additionaJ insured; 5.6.2. be written on a Bwlder's Risk "all-risk" or open penl or special causes of loss policy form that shaJl at 1C3St include insurance for physical loss or- damage to the Work. temporary buildings, falsework and Work in transit and shall insure against at 1C3St the following perils fire, lightning, cxtended coverage. theft. vandalism and malicious mischief', earthquake. collapse, debris removal. demolition occasioned by enforcement of Laws and Regulations, wa1er 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 clays wrincn notice to each other additional insured to whom a certificate of insurance bas been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insUr3Dce as may be required by the Supplementary Conditions or Laws .and RcguIations which wiJ1 include the intercsU ot" OWNER. CONTRACTOR. Subcontractors, ENGINEER. ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is dccmcd to have au insurable interest and shall be listed as an insured or additional insured. 5.8. AD the policies of il1SUnDce (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 wiJ1 contain a provision or endorsement that the coverage aff'orded "';111 not be canc:lled or materially changed or renewal refUsed umil at lC3St thirty days' prior written notice bas be= given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insUr3Dce bas beeD issued and will contain waiver provisions in accordance with pangraph 5.11. 21 e 5.9. OWNER shaJI not be responsible for purchasing and maintaining any property insurance lO protect the interests of .cONTR..~R. Subcontractors or others in the Work to lhe extent of any deductible amounts that are identified in the Supplemenwy Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontnctor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounU, each may purchase and mainrain it al the purchase:"'s own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insul'3Dcc policies provided under paragraphs 5.6 or 5.7, OWNER shall, ifpossi- ble, include such insurance, and the cost thereof WIll be charged to CONTRACTOR by appropriate Change Order or Wriuen Amendment. Prior to commencement of the Work at the site. OWNER shaJI in writing advise CONTRACTOR whethe:- or not such other insurance has been procured by OWNER. 5.11. 'Plaiw:r of Righls: ") 5.11.1. OWNER and CONTRACI'OR intend that aJl policies purchased in accordance with pangraphs 5.6 and 5.7 will protect OWNER. CONTRACTOR. Subconuactors, ENGINEER, ENGINEER's Consultants and aJl other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additionaJ insureds in such policies and will provide primary coverage for aJllosses and damages caused by the perils covered thereby. All such policies shall contain provisions to the e1f'ect that in the event of payment of any loss or damage the insurcl'S wm have no righu of rec:overy against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all righu against each other and their respective officers. directors, employees and agents for all losses and damages caused by, arising out Ot" or resulting from any of the perils covered by such policies and any other property insurance applicable to the Vt"ork; and. in addition. waive aJl such righu against Subc:ontnct.ors, ENGINEER, ENGINEER's Consultants and aD other persons or entities identified in the Supplcmen- wy Conditions to be'listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rightS that any pany making such waiver may have to the proceeds ofinswance held by OWNER as truSIC: or otherwise payable under any policy so issued. . .04.~ ~. . 5.11.2. In addition, OWNER waives aJl rights against CONTRACTOR. Subcontnctors, ENGINEER. ENGI- NEER's Consultants and the officers. directors, employees !IDd agenu of any of them. t"or: .J 5. I 1.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other periJ, whether or not insured by OWNER; and '-.'.' e 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fin: or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursD:mt to par.lgI'3ph 14.10, after substantial completion pursuant to pangraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy main rained by OWNER covering any loss. damage or consequential loss referred to in this pamgraph 5.1l.:! shaJl contain provisions to the effect that in the event of payment ot" any such loss. damage or consequentiaJ loss the insurers will have no righu of recovery against any of CON- TRACI'OR. Subconuactors. ENGINEER. ENGINEER's Con- sultants and the officers. directors, employees and agents of any of lhem. Receipt aad AppDClfioa or Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their inleresu may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shaJl deposit in a separate account any money so received. and shaJl distnbute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Worle shall be repaired or replaced. the moneys so rcc:ived applied on a=ount thereot" and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shaJl have power to adjust and settle any loss with the insurers unless one of the parties in interest shaJl object in writing within fiftc:n clays after the occurrence ofloss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shaJl make settlement with the insurers in a=ordance with such agreement as the parties in interest may reach. If no such agrc:ment among the parties in interest is reached. OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest. OWNER as fiduciary shall give bond for the proper perfonnanc: of such duties. A=qtII1ICe of Botuls IIIUlI~e; OplUJIIID Rep1izu: 5.14. If either party (OWNER or CONTRACIOR) has any objection to the covCr2ge afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis ot" non-c:onformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten clays after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain aJl of the Boads and iftSW3Dce required of such party by the Contract Documents. such party shall notify the other party in writing ot" such failure to purchase prior to the start of the Work. or ot" such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was :!2 e required to provide such coverage. and a Change Orrier sh:lll be issued to adjust the Contract Price accordingly. . PtzrriIIl Uti1imliDn-Propeny InsurtUlce: S.IS. If OWNER finds it necess:lJ'Y lO occupy or use a portion or portions of the Work prior to Substantial Completion of aJl the Work. such use or occupancy may be accompiished in accordance with paragraph 14.10; provided that no such use or occ:upancy shaJI commence before the insurers p"?viding 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 endol'SCment on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on ac:ount of any such partiaJ use or occupancy. ARTICLE 6-CONTRACTOR '5 RESPONSIBILITIES S~rvUiDn IIlIIl SuperinuNlence: ) 6.1. CONTRACTOR shaJl supervise. inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skms and expertise as may be necessary to perform the Work in accordance with the Con- tract Documenu. CONTRACTOR shall be solely responsible forthe means. methods. techniques. sequen~ and prcc:::dures ot" construction. but CONTRACI'OR shall not be responsible for the negligence of others in the design or spec:iiic:ation of a specific means, method, technique, sequence or prcc:::dure of construction which is shown or indic::ucd in and ::~prcssly required by the Contract Documents. CONTRAcroR shall be responsible to see that the completed Work compiies accu- rately with the Contract Documents. 6.2. CONTRACIOR shall keep on the Work at all times during its progrc5S a competent resident superintendent. who shaJl not be replac:ed without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent WIll be CONTRACIOR's representative at the site and shaJl have authority to act on behalf of CO~'TRAC- TOR. All communic::uions to the superintendent shall be as binding as if given to CONTRACrOR. lAbor, MIIID'iIIU II1Ul EquiplMlIl: ._) 6.3. CONTRACIORshaJl provide competent. suitably qual- ified pcI'SOnnel to survey. layout and construCt the Work as required by the Contract Documenrs. CONTRACTOR shaD at aJ1 times mainlain 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 e:'tc:ept as otherwise indicated in the Contr.1Ct Documenrs. all Work at the sire shall be performed during regular w"rlcing hours and e CONTRAClOR will not permit overtime work or the perfor- mance of Work on Sawrday, Sunday or any legal holiday ",ithout OWNER's written consent given after prior wriuen notice lO ENGINEER. 6.4. Unless otherwise specified in the Gene:aJ Require- ments. CONTRACroR sh:lll furnish and assume full respon- sibility for all materiaJs. equipment. labor, uansporwion. con- struction equipment and machinery, tools, appliaisces, fuel, power. light. heat. telephone. water. sanitary f'aalities, tempo- I"lIl'Y facilities and all other fac:llities and incidentals ncc:essary for the furnishing. performance, testing, start-up and comple- tion of the Work. 6.5. AU materials and equipment shaJl be ot" good quality and new, except as otherwise provided in the Contract Docu- ments. An warranties and guarantees specific:aJly called for by the Speciiications shall expressly run to the benefit of OWNER. If required by ENGINEER. CONTRACI'OR shall furnish satisfactory evidence (including reports of required tesu) as to the kind and quality of materiaJs and equipment. All materials and equipment shaJl be applied, installed, connected. erected, used. cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Conuac:t Documents. progrus Sdwllll4: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shaJl submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjusunents in the progress schedule that will not change the Conuac:t Times (or Milestones). Such adjust- ments WIll conform generally to the progress schedule then in eff'ect and additionally WIll comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjusrmcnu in the progress schedule that WIll change the Contract Times (or Milestones) shall be submiaed in accordance with the requirements ot" paragraph 12.1. Such adjustmcnlS may only be made by a Change Order or Written Amendment in accordance with Article 12. . 6.7_ Sr'~""~ tmtl "O,..Eqruzl" IM1IU: 6.7.1. Whenever an item of rrweriaJ or equipment is specified or descn'bed in the ContnICt Documents by using the name of a proprietary item or the name ot" a particular Supplier. the specification or description is intended to estabfish the type. fUnction and quality required. Unless the specific::1tion or description contains or is followed by words re:ufmg that no b'kc. equivalent or "or-cqual" item or ao substitution is permitted, other items of material or equip- mcnl or matcrial or equipment ot" other SuppUcrs may be accepted by ENGINEER under the following c:in:umstanccs: !3 e . 6.7.1.1. "Or-Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACIOR is functionally equaJ lO that named and suffi- ciently similar so that no change in related Worlc wm be required, it may be considered by ENGINEER as an "or-equaJ" item, in which case revicw and approval of the proposed item may, in ENGINEER's sole discretion. be accomplished without compliance with some or all of the requiremenu for acceptance of proposed substitute items. ") 6.7.1.2. Substilute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not quaJify as an "or-equaJ" . item under subparagraph 6.7.1.1. it will be considered a pro- posed substitute item. CON1"R.ACIOR shaJl submit suffi- cient information as provided below to allow ENGINEER to determine that the item of malerial or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quesu for review of proposed substitute items of materiaJ or equipment wtll not be aa:epted by ENGINEER from anyone other than CON1"R.ACIOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACIOR shaJI first make wrinen appli- cation to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform adequately the functions and achieve the results caJled for by the general design, be similar in substance to that specified and be suited to the same use :LS that speciiied. The application will Stale the extent. if any, to which the evaluation and . acceptance of the proposed substiulte will prejudice CON- TRACIOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documenu (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitutc in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified wtlJ be identified in the application and available maintenance. repair and replacement service will be indi- cued. The applic:aIion wl1l also contain an itemized esti- mate of all cosU or credits that wm result din:c:tJy or indin:ctly from acceptance of such substitute, inc:Juding COsts of redesign and claims of other contractors affected by the resulting change. aJl of which WIll be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CON1'RACTQR to furnish addi- tional clara about the proposed substitute. -) 6.7.1.3. CONTRACTOR's ErpetUe: AU dam. to be provided by CONTRACTOR in support of any proposed "or-equaJ" or substitute item w1lJ be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means. method. technique, sequence or procedure of e construction is shown or indicated in and expressly required by the Contract Documenu. CONTRACTOR may furnish or utilize a substitute means. method. technique, sequence or procedure of construction acceptable to ENGINEER. CON- TR....croR shall submit sufficient infonnation to aJlow ENGI- NEER. in ENGINEER's sole discretion. to determine that the substitute proposed is equivaJent to that expressly c:a1led for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subpar3gJ"aph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER wl1l be aJlowed a reasonable time within which to evaJUate each proposal or submiaal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or- equal" or substitute will be ordered. installed or utilized without ENGINEER's prior wrinen acceptance which wtll be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a speciaJ performance guarantee or other surety with respect to any "or-equaJ" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaJuating substitutes proposed or submined by CONTRACIOR pursuant to pansgraphs 6'.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any othcr direct contract with OWNER. for work on the Project) occasioned thereby. Whether or not ENGINEER ac:ccpts a substitute item so proposed or submit- ted by CONTRACTOR. CONTRACIOR shall reimburse OWNER for the charges ot" ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. CDIICtming SubcotUl'tldDn, Supp&n tIIUl Othus: 6.8.1. CONTRACTOR shaJl not employ any Subcon- tractor, Supplier or other person or organiz3tion (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initiaJly or as a substitute. against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shaJI not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perfonn any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontr3Ctors. Suppliers or other persons or organizations (including those who arc to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER. and ENGINEER. and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make wrinen objection thereto by the date indicued for acceptance or objection in the biddinl doc:umcnts or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organizaDon so identified may be revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR sbaJJ sub- mit an acceptable substitute, the ConU2ct Price will be adjusted by the difference in the cost occasioned by such 24 . .> substitution and an appropriate Change Order will be issued or Written Amendment signed. No ac:ccpWlCe by OWNER or ENGINEER of any such Subconlractor. Supplier or other - pcrson or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject d~f~ct;v~ Work. 6.9.1. CONTRACTOR shaJl be fully resporwble to OWNER and ENGINEER for aJl 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 CONTRACIOR's own acts and omissions. Nothing in the Contract Documents shaJl create for the benefit of any such Subcontractor. Supplier or other person or organization any conuac:tuaJ relationship between OWNER or ENGINEER and any such Subcon- aactor, Supplier or other person or organizalion, nor shall it create any obligation on the part of OWNER or ENGI- NEER to payor 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 shaJl be solely responsible for scheduling and coordinating the Worle 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 aJl Sub- conaactors, Suppliers and such other persons and orpniza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Spcc:ific:aDons and the identifications of any Drawings shall not concrol CON- TRACTOR in dividing ~e Work among Subconaactors or Suppliers or delineating the Work to be peri'onned by any specific trade. 6.11. . All Worle perfonned for CONTRAC'IOR by a Sub- contractor or Supplier WIll be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which spec:ificaJ1y binds the Subconttactor 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- _ provisions whereby the Subcontractor or Supplier waives all rights against OWNER. CONTRACTOR. ENGINEER. ENGINEER's Consultants and aJI other additional insureds for aJIlosscs and damages caused by, arising out of or resulting from any of the perils covered by such policies and ~y other property insurance applicable to the Work. If the insurers on any such policies require separate waiver fonns to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. ) '- Pawrl Feu Gnd Rayaltiu: 6. 12. CONTRACTOR shaJl pay aJllic:cnse fees and royal- ties and assume aJl cosu incident to the use in the performance e of lhe Work or the incorporation in the Work of any invention, design, process, product or devicc which is the subject of palent rights or copyrights held by others. If a panicular invention, design. process, product or device is specified in the ContraCt Documents for use in the performancc of the Work and if lO the actual knowledge of OWNER or ENGINEER its use is subject to patenl righU or copyrights c:al1ing for the payment of any license fcc or royalty to others, the existence of such righu shall be disclosed by OWNER in the ConU3Ct Documenu. To the fullest extent permitted by Laws and Regulations. CONTRACIOR shall indemnify and hold hanD- less OWNER. ENGINEER. ENGINEER's Consultants and the officers. dircctors, employees. agenu and other consultants of each and any of them from and against a11 claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the pcrfonnance of the Work or resulting from the incorpora- tion in the Work of any invention, design, proc:ss, product or device nOl specified in the Contract Documents. Prnnils: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shaJl obtain and pay for aJl con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when nec:ssary, in obtaining such permiu and licenses. CONTRACTOR sha11 payaJl govcnuncntal charges and inspection fees nccessary 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 AgrcemenL CON- TRACTOR shall pay all charges of utility owners for connc:c:- tions to the Work. and OWNER shaJl pay a11 charges ot" such utility owners for capital costs related thereto such as plant invesbnent fees. LA'WS an4 RrgultlliDns: 6.14.1. CONTRACTOR shall give aJl notices and comply with all Laws and Regulations applicable to furnishing and perfonnance of the Work. Except where otherwise expressly required by applicable Laws and RcguIaIions. neilherOWN'ER nor ENGINEER shall be respoDSlble for monitoring CON- TRACI'OR's compliance with any Laws or Rcgularions. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is conU3ry to Laws or Regulations. CONTRACTOR shaJl bear aJl claims, costs. losses and damages caused by, arising out of or resulting therefrom; however. it shaJI not be CONTRACTOR's pri- mary responsibility to make certain that the Specific:aDons and Drawings are in accordance with Laws and Regulations. but this shall not relieve CONTRACTOR or CONTRAC- TOR's obligations under paragraph 3.3.2. TlLU.t: 6.15. CONTRACTOR shall pay aU sales, consumer, use and other simslar taxes required to be paid by CONTRACTOR in ac::ordance with the Laws and Rcguladons ot" the place of' 2S e the Project which are applicable during the perfonnance of the . Work. Use of PrwnisG: ) 6.16. CONTRACTOR shaJl confine construction equip- ment. the storage of materials and equipmenl and the opera- tions of workers to the site and land and areas identified in and pennined by the Contract Documents and other land and areas permitted by Laws and Regulations. rights-of-way, pennits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area. or to the owner or occupant thereof or of any adjacent land or areas. resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the perfonnanc: of the Work. CONTRACIOR shall .promptly senle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACI'OR shaJl; to the fullest extent pennitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER. ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs. losses and damages arising out of or resulting from any claim or action. legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent c:wsed by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall k=p the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work. Al the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as aJI tools. appliances. construction equipment and machinery and surplus materials. CONTRACIOR shaJl leave the site clean and ready for oc:cupancy by OWNER at Substantial Completion of the Work. CONTRACI'QR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACIOR shall not load nor pennit any part of any structure to be loaded in any manner that WIll endanger the struc:turc, nor shaJI CONTRACTOR subjec: any part of lhe Work or adjacent property to stresses or pressures that WIll endanger it. Record Documents: -). 6.19. CON1'RACTQR shall mainrain in a safe place at the site one record copy of aJl Drawings, Specifications, Addenda. Written Amendments, Change Orders, Work Cbange Direc- tives, Field Orders and wrincn interprecuions :md clarifica- tions ClSSUed pursuant to paragr.lPh 9.4) in good order and annotated to show aJl changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of e the Work. these record doc:uments, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. ~ Safery and Protection: 6.20. CONTRACTOR shaJl be responsible for initiating. maintaining and supervising aJl safety precautions and pro- grams in connection with the Work. CON'!'RACIOR shaJl take aJl necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: 6.20.1. aJl persons on the Work site or who may be affected by the Work; 6.20.2. aJllhe Work and materials and equipment to be incorporated therein. whether in stora~ on or off' the site; and 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns, walks. pavements. roadways. structures. utilities and Underground Facilities not desig- nated for removal, relocation or replacemenl in the course of construclion. CONTRACIOR shall comply with aJl applicable Laws and Regulations of any public body havingjurisdiction for safety of persons or property or to protect them from damage. injury or loss; and shaJl erect and mainrain aJI necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground PaciJioes and utility owners when prosecution of the Work may affect them. and shaJI cooperate with them in the protection, removaJ. relocation and replacement of their property. All damage. injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, direc:tly or indirectly, in whole or in part. by CONTRACTOR, any Subconb"aCtor. Supplier or any other person or organization dircctly or indirec:tly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR <except damage or loss attn"butable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or EN9INEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attnoutable, direc:tly or indi- rectly, in whole or in part. to the fault or negiigence of CONTRACTOR or any Subcontractor. Supplier or other per- son or organization din:c:tly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall cOntinue until such time as all the Work is 'completed and ENGINEER has issued a notice to OWNER and CONTRACIOR in ac:cordance with pan- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). . Safety Rqtaenll1liw: 6.21. CONTRACTOR shaJl designate a qualified and expe- rienced safety representative at the site whose duties and 26 e responsibilities shaJl be the prevention of accidents and the maintaining and supervising of safety preClutions and pro- grams. . Hauml CommuniazliDn Programs: 6.22. CONTRACIOR shall be responsible for coordinating any exchange ot" materia) safety data sheets or other hazard communication infomwion required to be made avaiiable to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. ~: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR. without speciaJ instruction or au- thorization from OWNER or ENGINEER. is obiigated to act to prevent threatened. damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt wrinen notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have be:::n 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. l ~. 6.24. Shop Drrnvinp azul SlII'Ifl'la: 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 subminaJs (see paragraph 2.9). All subminaJs WIll be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The cWa shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions. specified performance and design criteria. materials and sinular data to show ENGINEER the materi- als and equipment CONTRACIOR proposes to provide and to enable ENGINEER to review the information for the Umited purposes req~red by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit SuDples to ENGINEER for revicw and approval in accordance with said accepted schedule of Shop Dr.lwings and Sample su~ miaals. Each Sample WIll be identified clearly as to maccrial. Supplier. pertinent data such as cacaJQg numbers and the use for which intended and otherwise as ENGINEER mav require to enable ENGINEER to review the submiaaJ f~r the limited purposes required by paragraph 6.26. The. num- bers of each Sample to be submitted WIll be as specified in the SpecifiCltiOns. '-25. Submi4al ProutlIITu: ) ..... 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACIOR shall have determined and verified: e 6.1$.1.1. all field measurements. quantities. dimen- sions. specified performance criteria. installation require- ments, materials. ClWOg numbers and sinular infonnation with respect thereto, 6.25.1.2. aJl materials with respect to intended use, fabric:uion, shipping. handling. storage, assembly and installation pertaining to the performance ot" the Work. and 6.25.1~ all information relative to CONTRACTOR's sole responsibilities in respect of means. methods, tech- niques. sequences and procedures of construction and safety precautions and progr.uns incident thereto. CON1'RAC'IORshaJl aJso have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the ConmlCt Documents. 6.25~ Each subminaJ WIll bear a stamp or spc:ciiic wrincn indication that CONTRACI'OR has satisfied CON- TRAC'IOR's obligations under the Contact Documents with respect to CONTRACIOR'S review and approval of that . submittal. 6.15.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific wrinen notice of such vari- ations. if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contt3Ct Documents, such notice to be in a written communication scpanue from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for revicw 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 subminaJs accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's revicw 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 compalible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's revicw and approval WIll not extend to means, methods, techniques, sequences or procedures ot" construction (except where a particular means. method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the ContraCt Documents) or to safety precautions or programs incident thereto. The revicw and approval of a separate item as such WIll not indicate approval ot" the assembly in which the item functions. CON'l'RACTOR 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 revicw and approval. CONTRACTOR shaJl direct spe:ific attention in writing to revisions other than the corrections called for by ENGINEER on previous submiaals. 6:z1. ENGINEER's revicw and approval ot" Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the ConU'3Cl rr e Documents unless CONTRACIOR has in writing c:a1led EN- GINEER's attention to each such variation at the time of submission as required by par.lgraph 6.15.3 and ENGINEER !I&s given written approval of each such variation by specific wrinen notation thereof incorporated in or accompanying the Shop Drawing or Sample approvaJ; nor w11l any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25. I . 6.28. Where a Shop Drawing or Sample is required by the CODU3Ct Documents or the schedule of Shop Dr.lwings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent subminaJ wm be at the sole expense and responsibility of CONTRACTOR. CAlllbUlinr 1M Wori:: 6.29. CONTRACTOR shall Carry on the Work and adhere to the prog:ress schedule during aJl disputes or disagreements with OWNER. No Work shaJl be delayed or postponed pend- ing resolution ot" any disputes or disagreements. except as permitted by paragraph 1.s.5 or as OWNER and CONTRAC. TOR may otherwise agree in writing. '-30. CONI'RAC'roR's Gen.md WcrmIIIt1l11Ul GlIIlrIZ1IIec: ) 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that aJl Work will be in ac:cordanc:: with the Contract Documents and WIll not be d~/~cliv~. CONTRACTOR's wammty and gual3llcee hereunder excludes defects or damage caused by: 6.30.1.1. abuse. modification orimpropcr maintenance or Operation by persons other than CONTRACTOR. Sub- contractors or Suppliers; or 6.30. J.2.. norma) wear and tear under normal usage. 6.30.2. CONnACTOR '5 obligation to perform and com- plcre the Work in accordance with the Contract Documents shaD be absolute. None of the fOllowing will constitwe an ac:ccpIanCC of Work thal is not in accordance with the Contract Documents ora release ot"CONTRACTOR's obli- gation to perf'onn the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2..3. rcc:ommcndalion of any progress or final payment by ENGINEER; 6.30.2.3. the issuance ot" a ccnificate of Substantial Completion or any payment by OWNER to CONTRAC- lOR under the Conlr3Ct Doc:uments; ) ~: 6.30.2.4. use or occupancy ot" the Work or any pan: du:rcof by OWNER; e 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approvaJ of a Shop Drawing or Sample submittal or the issuance of a notice ot" acc:cpt- ability by ENGINEER pursuant to parag:aph 14.13; 6.30.2.7. any inspection, test or approvaJ by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnijiazritm: 6.31. To lhe fullest extent pennined by Laws and Regula- tions. CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER, ENGINEER's Consultants and the officers. directors, employees, agents and other consultants ot" each and any of them from and against aJl claims. costs, losses and damages Cmcluding but not limited to aJl fe::s and charges of engineers. architects, attorneys and other professionaJs and aJl court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance ot" the Work. provided that any such claim. cost. loss or damage: (i) is . annbutable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work. itselO. including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perfonn or furnish any of the Work or anyone for whose acts any of them may be liable, regardless ofwbether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard_ less of the negligence of any such person or entity. 6.32. In any and aJl claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or thc survivor or personaf representative of such employee> of CONTRACIOR. any Subcontractor. any Supplier. any person or organization directly or indirectly employed by any of thcm to perfonn or furnish any oC the Work. or anyone for whose acts any ot" them may be liable, the indemnification obligation under ~h 6.31 shaJl not be limited in any way by any limitation on the amount or typc oC damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACI'OR under paragraph 6.31 shall not extend to the liability of ENCiI- NEER and ENGINEER's Consultants, officers. dircc:tors, employees or agents caused by the professionaJ negligence, errors or omissions ot" any of them. Surviwzl of Ob/irtlliDns: 6.34. All representations. indemnifications, wananties and guarantees made in. required by or given in accordance with 28 e the Contract Documents. as well as all continuing obligations indicalCd in the ContraCt Doc:uments, will survive final pay- JIlent. completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7-OTHER WORK R~ Wori: at 5iu: 7.1. OWNER may perform other work related to the Project at the site by OWNER-s own forces. or let other direct conU'aCts therefor which shall contain General Condi- tions similar to these. or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACI'OR prior to starting any such other work. and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. '} 7 ~ CONTRACTOR shaJl afford each other contractor who is a party to such a direct conU'ac:t and each utility owner (and OWNER. if OWNER is performing the addi- lional work with 'OWNER's employees) proper and safe access to the site and a n:asonable opportunity for th.: introduction and storage of materiaJs and equipment and the execution of such other work and shaJl properly connect and coordinate the Work with theirs. Unless otherwise ptovided in the Contract Documents. CONTRACIOR shaJl do aJl cutting. fitting and patching of the Work that may be required to make its several parts come together properly 3Ild inte- gr2te with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and wm only cut or aJter 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 arc for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRAcroR in said direct contracts between OWNER and such utility owners and other contractors. -) 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work perfonned 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 faalure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for Ialcnt or nonapparent defects and deficiencies in such other work. e CoorrJinlltiDn: 7.4. If OWNER contracts with others for the performance of other work on the Proic:t at the site. the following WIll be set forth in Supplementary Conditions: . 7.4.1. the pcrson. finn or corporation who will have authority and responsibility for coordination of the activities among the various prime conU'ac:tors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be ite~d; and 7.4.3. the extent of such authority and responsibilities W111 be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shaJl have sole authority and responsibility in respect of such coordination. ARTICLE 8-OWNER'S RESPONSIBILmES 8.1. Except as otherwise provided in these Gcne:al Condi- tions, OWNER shaJl issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER shaJl appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose status under the Contract Documents shaJI be that of the former ENGINEER. .8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shaJ1 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 csmblish ref- erence points an: set forth in pamgraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making avaalable to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings ot" physical conditions in existing struc:tUres at or contiguous to the site that have been uulizcd by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indic::ued in paragraph 10.4. 8.7. OWNER' s responsibility in respect of ccrrain inspec- tions. tcscs and approvaJs is set forth in par3gl2Ph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and IS.I. Paragraph IS.2 de:1ls with OWNER's right to terminate services of CON- TRACIOR under cel1ain circumstances. 29' e 8.9. The OWNER shall not supervise. direc:t or have control or authority over, nor be responsible for. CONTRAC. TOR's means, methods. techniques. sequences or procedures .. construction or the safety precautions and programs incident thereto, or for any faslure of CONTRACI'OR to c:omply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's faslure to perform or furnish the Work in accordance with the ConU'aCt Documents. 8.10. OWNER'S responsibility in respec:t of undisclosed Asbestos, PCBs. Petroleum. Hazardous Waste or Radioactive Materials uncovered or revCDJed at the site is set forth in paragraph 4.5. 8. I 1. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financiaJ arrange. ments have been made to satisfy OWNER's obligations under the Contr.lCt Documents. OWNER's responsibility in respect thereof w1lJ be as set forth in tne Supplementary Conditions. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUcnON OWNER'$ Rqlrue1llllliYe: ) 9.1. ENGINEER wiD be OWNER's representative during the COnstruction period. The duties and responsibilities and the limitadons of authority of ENGINEER as OWNER's repre- sentative during construction arc set forth in the Contract Dociunents and shall not be extended without written c:onsent of QWNER and ENGINEER. Yuitr III SiI4: ). '-.::, 9.2. ENGINEER wJ11 make visits to the site at intervals aPPropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been mad~ and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and nbservations, ENGINEER wt1l endeavor for the benefit of OWNER to detcnnine, in general. if the Work is proc:ceding in accordance with the Contract Documents. EN- GIl~EER wm not be required to make exhaustive or continu- ous on-site inspections to check the quality or quantity ot" the Work. ENGINEER's efforts wiD be diRctcd toward provi~ng for OWNER a greater degree of confidencc that the completed Work wiD conform generally to the Contract Documents. On the basis of such visits and on-site observations, ENGINEER wiD Icecp OWNER informed of the prosress of the Work and wiD endeavor to guard OWNER against dd~cli,,~ Work. EN- GINEER's visits and on-site obscrvadons arc subject to all the limitadons on ENGINEER's authority and responsibility set forth in pal3graph 9.13, and panicu1arly. but without limiwion. during or as a result ot" ENGINEER's on-site visits or e observations ofCONTRACTOR's Work ENGINEER wtll not supervise. dircc:t. c:ontrol or hl1ve authority over or be respon- sible for CONTRACTOR's mc:ms, methods. techniques. se- quences or procedures of c:onstrUc:tion. or the sai'ety precau- tions and progr:uns incident thereto, or for any fatlure of CONTRACTOR to comply with Laws and Regulations appli- cable lO the furnishing or performanc:e of the Work. Proj,ct Rq1~nll1li:,c: 9.3. If OWNER and ENGINEER l1gre:, ENGINEER WIll furnish a Resident Projec:t Representative to assist ENGI- NEER in providing more c:ontinuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants wiD be as provided in paraglaph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent lO represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of suc:h other person WIll be as provided in the Supplementary Conditions. Cltui~rzs and lnurprellZliDns: 9.4. ENGINEER WIll issue with reasonable promptness suc:h written clarifications or interpretations of the require- ments of the Contract Documents (in the form ot" Drawings or othe:wise) as ENGINEER may determine necessary, which shaJl be c:onsislent with the intent ot" and reasonably inferable from Contract Documents. Such wrinen clarifications and interpretations WIll be binding on OWNER and CONTRAC- TOR. If OWNER or CON1'RACtOR believes that a wriacn clarifiCltion or interpretation justifies an adjustment in the Contract Pric:e or the ConU'ac:t Tunes and the parties are unable to agree to the amount or extcDt thereof, if any. OWNER or CONTRACTOR may make a wrinen c:laim therefor as pro- vided in Anicle II or Artic:le 12. AIIlhDri:U Variations in WDrk: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and arc compatible with the design concept of the completed Project as a func:tioning whole as indic:ated by the Contract Doc:uments. These may be accomplished by a Field Order and WIll be binding on OWNER and also on CONTRACIOR who shall perform the Work involved prompdy. If OWNER or CONTRACI'OR believes that a Field Order justifies an adjusbnent in the ContnlCt Price or the Contract Times and the parties arc unable to agree as to the amount or extent thcrcaf. OWNER or CONTRACTOR may make a written c:1aim thcrcf'or as provided in Article I 1 or 12. Rejecting D~/<<tiPf! Work: 9.6. ENGINEER WIll have authority to disapprove or rejec:t Work whic:h ENGINEER believes to be d~/~cliv~, or 30 e that ENGINEER believes will nOl produce:l completed Project that conforms to the Contract Documents or that will prejudice J}le integrity of the design concept of the completed Project :IS a functioning whole as indiClted by the Contr.u:t Documenls. 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 fabric::1ted. installed or completed. Shop Dnzwings, Cluurp Ordm anti Paymena: 9.i. In connection with ENGINEER's aUlhority as to Shop Drawings and Samples. see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's aUlhority as lO Change Orders. see Anicles 10. II, and I~. 9.9. In connection with ENGINEER's authority as to Applic:alions for Payment. see-Article 14. DeurrnUuuiDru for Unit Prices: ) 9.10. ENGINEER will determine the actuaJ quantilies and c:1assiiic:ations of Unit Price Work performed by CONTRAC. TOR. ENGINEER will review with CONTRAcroR 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 wrinen decision thereon Wlll be final and binding upon OWNER and CONTRACI'OR. unless. within ten days after the cIate of any such decision. either OWNER or CONTRAcroR delivers to the other and to ENGINEER written notice of intenlion 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 Exhi!lit GC.A. "Dispute Resolution Agreement." entered into between OWNER and CONTRACI'OR pursuant to Article 16, or (iil if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appe:Uing pany 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 appc:1J Wlll not be subject to the procedures of paragraph 9.11. Dcdsioru Oft DUpUlG: ). -.,;.' 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 inlerprcration of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Caims under Articles II and 12 in respect of changes in the Contract Price or Contract limes will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this par.lgnlph. Wrinen notice or each such claim. dispute or other maner will be delivered by the claimant e lO ENGIN EER and lhe olher party to the Agreement promptly (bUl in no evenl laler lhan lhirlY d:l.ys) after the start of the occurrence or event giving rise lhereto. and wrinen supporting dal:l will be submitted lO ENGINEER and the other pany within sixty days after the start of such occurrence or event unless ENGINEER allows an addition:1l period or time for the submission of additional or more accur.lle data in support of such claim. dispute or other maner. The opposing party shaJl submit any response lO ENGINEER and the claimant within thirty days after receipl of the claimant's last submittal (unless ENGINEER allows additionaJ time). ENGINEER Wlll render a fonnal decision in writing within thirty days after receipt of the opposing patty's submittal. if anr. in nccordance with this pnragraph. ENGINEER's written decision on such claim. dispute orOlhcr nmtter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken wilhin the time limits and in accordance with the proc:edures set forth in EXHIBIT GC.A. "Dispute Reso- lution Agreement." entered into between OWNER and CON- TRAC'IOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into. a written nOlice of intenlion lO appeal from ENGINEER's wrinen decision is delivered by OWNER or CONTRACI'OR to the other and to ENGINEER within thirty days after the date of such decision and :I. fonnal 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 olher matter in accordance with applicable Laws and Regulations within sixty d:l.ys of the date ot" 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 wilh 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 m:1king or acceptance of final payment as provided in .pamgraph 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 or any such daim. dispute or other maner punuant to Article 16. 9.13. limitlIIiDru DII ENGINEER's AUIhority an4 Raponsibililia: 9.13.1. Neither ENGlNEER's authority or responsibil- ity under this Article 9 or under any other provision or 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 peri'ormanc:e of any authority or responsibility by ENGINEER shall cre:ue. impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any SubconU'ac:tor. any Supplier. any other person or orpnizalion. or to any surety for or em- ployee or agent of any of them. 31 e 9.13.2. ENGINEER will not sUpe:'Vise. direct. control . or have authority over or be responsible for CONTRAC. TOR's mC3lJs. methods, techniques. sequences or proc::. dures of construction. or the safety precautions and pr0- grams incident thereto. or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRAC'IOR's faalure to perronn or furnish the Work in accordance with the ConU3Ct Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subconuaaor, any Supplier. or ot" any other person or orpnization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the finaJ Application for Payment and accompanying documenwion and aJl mainte- nance and operating instructions. schedules. guarantees. bonds and certificates of inspection. tesu and approvals and Other doc:umentauon required to be delivered by paragraph 14.12 will only be to determine ~eraJly that their content complies with the requirements of. and in the case of cerWicaces of inspections, tests and approvals that the results certified indicate compliance with. the COnU3Ct Doc. uments. ) 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall aJso apply to ENGI- NEER's Consultants. Resident Project Representative and assistants. ARTICLE IO-CHANGES IN THE WORK 10.1. Without inValidating the Agrc:ment and without notice to any surety. OWNER may. at any time or from rime to time. order additions. deletions or revisions in the Work. Such additions. deletions or revisions will be :wthorizcd by a Written Amendment. a Change Order. or a Work Change Directive. Upon receipt ot" any such document, CONTRAC- TOR shaJl promptJy proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise spec:ific:ally pro- vided). ) '. 10.2. If OWNER and CONTRACTOR are unable to asr= as to the extent. if any, of an adjustment in the Conb'aCt Price or an adjustment of the Contr.lCt Times that should be a1Iowcd as a result of a Work Change Dircc:tive. a claim may be made therefor as provid~ in Anicle II or Article 12- 10.3. CONTRACTOR shall not be enuded to an increase in the Contract Price or an extension of the Contract Tunes with respcc:t to any Work performed that is not required by the Contract Documents as amended. modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emerp:ncy as provided in p;ngraph 6.23 or in the c:ase of uncovering Work as provided in paragraph 13.9. ...... e 10.4. OWNER and CONTRACI'OR shaJl execute appro- priate Change Orders rccommended by ENGINEER (or Writ- ten Amendments) covering: 10.4. I. changes in the Work which arc (i) ordered by OWNER pursuant to paragraph 10.1. (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective WOrk under pazagraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Tunes which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph.9.1 I; provided that. in lieu of executing any such Change Order. an appeal may be raken from any such decision in accordance wilh the provisions of the Conlract Documents and applic:8ble Laws and Regulations, but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the progrc55 schedule as provided in paragr.J.ph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing. but not limited lO. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a 5Urcty, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond WIll be adjusted ac:c:ordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes .the toral compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibiJi- ties and obligacionsassigned toorundenaken by CONTRACTOR shaJl be at CONTRACTOR's expense without change in the COI1U'act Price. 11.2. The Contract Price may only be changed by a Change Order or by a Wrinen Amendment. Any claim for an adjust- ment in the Contract Price shall be based on wrinen notice delivered by the party making the claim to the other pany and to ENGINEER promptly (but in no event later than thirty days) after the stan of the occurrence or event giving -ise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting c1ata shaJl be delivered within sixty clays after the stan ot" such occurrence or event (unless ENGINEER aJlows additionaJ time for claimant to submit additionaJ or more accurate data in support ot"tbe claim) and shaJ1 be ac:c:ompanied by claimant's written S1atement that the ad'JUStI11cnt claimed covers all known amounts to which the claimant is entided as a result ot" said occ:um:nce or event. AD claims t"or adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.1 J it"OWNER. and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjusanent in the Contract Price will 32 "> -) -:--- '- e 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); 1l.3~ where the Work involved is not covered by unit prices contained in the Contr.l&:t Documents. by a mutually 3p"CCd lump sum (which may include an allowance for overhead and profit not ncc:essanly in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Doc:uments and agreement to a lump sum is not reached under paragraph ]] .3.2. on the basis of the Cost of the Work (detennined 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). CIISt o/IM Wort: 11.4. The term Cost of the Work means the sum ofaJI costs nec:cssariJy incurred and paid by CONTRACI'OR in the proper' performance of the W:ork. Except as otherwise may be agreed to in writing by OWNER. such costs shaJl be in amounts DO higher than those prevailing in the locality of the Project. shall inc:Iude only the following items and shaJI 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 thc performance of the Work undcr schedules of job c:lassific:ations ags:eed upon by OWNER and CONTRACl'OR. Such employees shall include without ~ italian superintendents, foremen and other pc:rscmncI em- ployed fulJ- time at the site. Payroll costs for employees not employed f\dJ time on the Work shall be apponioncd on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and waacs plus the cost of fringe benefits which shall include soCaI security contn'butions, unemployment. excise and payroD taxes. work. ers' compensation, health and retirement benefits. bonuses, sick leave. vacation and holiday pay applicable thercro. The expcusc:s of performing Work after regular working hOurs, on SanardaY. Sunday or legal holidays, shaD be included in the above to the extent authorized by OWNER. 11.4..2. Cost of aJJ materials and equipment fumisbed and incorporaled in the Work. including costs of traasportaDon and SUlrage thereof, and Suppliers' field services rapaired in coancc:tion therewith. AU cash discounts shall ICCnIC to CONl'RACI'OR unless OWNER deposits ftmds widI CON- TRACTOR with which to make payments, in which case the e cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus maccri- aJs and equipment shall accrue to OWNER. and CON- TRACTOR shaJl make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACI'OR to the Sub- contractors for Work perfonned or furnished by Subconuac- tors. If required by OWNER, CONTRACl'OR shall obtain competitive bids from subcontractors acceptable to OWNER. and CONTRAC'IOR and shall deliver such bids to OWNER who will then dctennine, with the advice of ENGINEER. which bids, if any, will be accepted. If any subc:oDlraCt provides that the Subcontractor is to be paid on the basis o( Cost ofthe Work Plus a fcc. the Subeonuaaor's Cost of the Work and fcc shall be determined in the same manner as CON1'RACTOR's Cost of the Work and fcc as provided in paragraphs 1l.4, 1l.5, 11.6 and 11.7. All subc:ontr.lCts shaJI be subject to the other provisions ofthc Contract Documents insofar as applicable. 11.4.4. Co~ of spcc:iaJ consultants (including but not limited to enginccrs, architects, testing.laboraIories. survey- ors, attorneys and accountants) employed for services spe- cific:a1ly related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary b'ansportation, travel and subsistence expenses of CONTRACIOR's em- ployees incurred in discharge of duties connected with. the Work. 11.4.5.2. Cost, including transporwion and mainte- nance. of aJl materiaJs, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which arc con- sumed in the performance of the Work. and cost less market value of such items used but not consumed whicb remain the property of CON1'RACTOR. 11.4.5.3. Rentals of aJl construction equipment and machinery and the partS thereo( whether rented from CONTRAC'IOR or others iD accord:w:c with renlal agree- ments approved by OWNER with the advice 'of ENGI- NEER. and the costs of transporwiOD, loading, unload- ing. installation, dismantling and removal thCTCOf-al1 in accordance with the terms of said n:nlal 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. SaJes. consumer. use or similar taxes reIaIed to the Work, and for which CONTRACTOR is &able, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than neg1i- gence of CONTRACTOR. any Subconttactor or anyone dircc:tly or indircc:tly employed by any of them or for whose acts any of them may be liable. and royally payments and fees for pc~ts and licenses. 33 e . I J .4.$.6. Losses and damages (and rebued expenses) caused by damage to the Work, not compensated by insurance or otherwiSe, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts o( property insurance e:;tablished by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACI'OR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shaJl include settle- ments made with the written consent' and approval o( OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACroR's fee. If. however. any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACI'OR shall be paid for services a fee p'roporaonate to that SEated in pangraph J 1.6.2. 11.4.$.7. The cost o( unlities. fuel and saniwy facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams. long dis- tance telephone calls. telephone service at the site, ex- pressage and sirrular petty cash items in connection with the Work. ) 11.4.$.9, Cost of premiums "for additionaJ Bonds and insurance required because of changes in the Work. J 1.$. The tenn Cost of the Work shaJI not include any of the following: 11.$.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (o( pannership and sole proprietorships), general managers, engineers. ar- chitects. estimators, attorneys, auditors. accountants, pur- chasing. anCI conD3eting agents. expediters. timekeepers. clerks and other personnel employed by CONTRACIOR whether. at the site or in CONTRACTOR's principal or a . branch office for a=eral administration of the Work and not speclfiaJly incJuded in the agreed upon schedule of job c:Ja.ssificWons rct'CIT'Cd to in par2gr3ph 11.4. J or specifically covered by p;uagraph 11.4.4-aJI of'which are to be consid- ered administrative costs covered by the CONTRACTOR's fcc. 11.$.2. Expenses of CONTRACIOR's principal and branch offices other than CONTRACTOR's office at the site. 11.$.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for Ibe Work and charges against CONTRACTOR for delin- quent payments. -) 11.$.4. Cost of premiums for aJl Bonds aud for aJl iDsuraace whether or not CONTRACTOR is requin:d by the CoDtr.lct Documents to purchase and maintain the same (cxc:epl for the cost of premiums covered by subparagnaph 11.4.$.9 above). '-.' e 11.5..5. Costs due to the negligence ofCONTRAC- TOR. any Subcontractor. or anyone directly or indi- 'rectly employed by any of them or for whose acts any of them may be liable. including but not limited to. the correction of defective Work. disposal of ~erials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's fee shaJI be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's fee shaJl be five percent; 11.6.2.3. where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fcc and no fixed fe: is agreed upon, the intent of paragraphs 11.4.1, 11.4.2. 11.4.3 and 11.6.2 is that the Subcontractor who actUally performs or furnishes the Work. at whatever tier. WIll be paid a fcc of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any" higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; ) ) .6.2.4. no fee shaJ) be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.$ and 11.$; 11.6.2.5. the amount of c:rcdit to be aUowed by CON- TRACTOR to OWNER for any change which results in a net decrease in c:ost WIll be the amount o( the actUal net dccn:ase in cost plus a deduction in CONTRACTOR's fc: by an amount equal to five pcrc:cnt of such net decrease; and I ) .6.2.6. when both additions and credits arc involved in anyone change. the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.$. CONTRACI'OR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form aa:cptable to ENGINEER an itemiz&:d cost breakdown to- gether with supporting daIa. 34 e CtlSh AllDwlllU:u: . 11.8. It is understood that CONTRACTOR has included in the ConU'ac:t Price all allowances so named in the Conaact Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acc:cptable lO OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR Oess any applicable trade discounts) of nweriaIs and equipment required by the aJlowances to be delivered at the site. and aJl 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 aJlowances have been included in the ConD'aCt Price and not in the aJlowances and no demand for additional payment on account of any of the foregoing will be vaJid. . ~or to finaJ payment. an appropriate Change Order Wlll be issued as recommended by E."'iGINEER to reftect actual amounts due CONTRACTOR on account of Work covered by aJlowances. and the ConU'ac:t Price shaJl be correspondingly adjusted. 11.9. Unit Price Watt: .> 11.9.1. Where the Contract Documents provide that aJl or part of the Work is to be Unit Price Work. iniDaDy the Contract Price Wll1 be deemed to include for aJl Unit Price Work an amount equal to the sum of the established unit price for each sepal3lely identified item of Unit Price Work times the estimated quantity of each item as indic:au:d in the AgreemcnL The esUmaced quantities of items of Unit Price Work arc not guaranteed and are solely for the purpose of comparison of Bids and determining an inidaI Contract Price. Determinations ot" the actual quantities and classifica- tions of Unit Price Work perfonned by CONTRACI'OR wm be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for eac:h sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article II if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR tiers materially and sig- aiiicantly from the estinwed quantity ot" such iccm 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 CONTRACI'QR believes that CONTRAC- TOR is entitled to an increase in Contrac:t Price as a result e of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a dccT'C3Se in Contract Price and the panies arc unable to agree as to the amount of any such incn::l.Se or dec:re3Se. ARTICLE 12-CHANGE OF CONTRAcr TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written AmendmenL Any claim for an adjustment of the Contract lunes (or Milestones) shaJl be based on written notice delivered by the party making the claim to the other party and lO ENGINEER promptly (but in no eveut IaIer than thiny clays) after the occurrence of the event giving rise to the claim and stating the general nature ot" the claim. Notice of the extent of the claim with supporting clara shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascenain more ac:c:urate data in suppon of the claim) and shaJI be ac:companied 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 adj~ent in the Contract Times (or Milestones) sball be determined by ENGI- NEER in ac:cordance with paragraph 9.II if OWNER and CONTRACTOR ?Mot 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 arc of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the ConD'aCt lunes (or Milestones) due to delay beyond the control of CONTRAC- TOR. the CQntrac:t 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 comroI ofCON'TRACTOR shall include, but not be limited to. acts or neglect by OWNER. acts or neglect ofutiJity owners or other conU3CtOrs performing other work as contemplated by Article 7. &res. floods. epidemics. abnonnal 'we:sther condi- tions or acts of God. Delays aan'butable to and within the conuol 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 lunes (or Milestones) due to delay beyond the control ot"both OWNER and CONTRACIOR. an extensiOD of the ConU3CC lUDeS (or Milesrones) in an amount equal to the time lost due to such delay sbaJI be CON'TRACI'OR.s sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR. any Subc:ontnlCtOr. any Supplier, any other person or organizadon. or to any surety for or employee or ageut of any of them. for damages arising out of or resulting from (i) delays c:aused by or within the control ot" CONTRACTOR. or (ii) 3S "":'::- It delays beyond the control of both parties including but not limited to fires. ftoods. epidemics. abnormal weather condi- Jions, acts of God or acts or neglect by utility owners or other contractors perfonning other work as contemplated by Anicle 7. ARTICLE I3-TESTS AND INSPECI10NS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC11VE WORK 13.1. Notice of Defects: Prompt notice of aJl defective Work of which OWNER or ENGINEER have actuaJ knowl- edge will be given to CONTRACTOR. All d~ective Work may be rejected. corrected or accepted as provided in this Article 13. Aceas' ID Wori:: ) 13.2. OWNER, ENGINEER. ENGINEER's Consultants, other representatives and personnel of OWNER.. indepcndent testing laboratories and governmental agencies with jurisdic- tionaJ interests will have ac:c:ess to the Work at reasonable times for lbcit observation. inspecting and testing. CONTRACI'OR shaD provide them proper and safe conditions for such access and advise them of CONTRACI'OR's site safety procedures and programs so that they may comply therewith as applicable. T~ II1IIlInspeClioM: 13.3. CONTRACTOR shall give ENGINEER timely no- tic: of readiness of the Work for all required inspections, tests or approvals. and shall cooper.ue with inspection and testing personnel to f8Clliwe required inspections or tests. 13.4. OWNER shall employ and pay for the services ot" an independent testing laboratory to penonn all inspections. tests, or approvals required by the Conuac:t Documents exc:cpt: 13.4.1. t"or inspections, tests or approvals covered by paragraph 13.5 belo~ 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to par.lgI'apb 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in ~e Con- 1laCt Documents. ) 13.5. If' Laws or Regulations ot" any public body having jurisdiction require any Work (or part thereof) speciiic:aJly to be iDspec:ted. tested or approved by an employee or otbcr repre- sentative of such public body. CONTRACI'OR shaD assume fidI responsibility for arranging and obtaining such inspections. rests or approvals. pay aJl com in connec:siaa therewith. and ftamish ENGINEER the required c:crtific:aleS of'inspection. or e appro\-aI. CONTRACTOR shall aJso be responsible for arrang- ing and obtaining and shaJl pay aJl COSES in connection with any inspections. tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorpor.ned in the Work, or of materiaJs, mix designs. or equipment submined for approvaJ prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, lested or approved is covered by CONTRACIOR without wrinen concurrence of ENGINEER. it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with . reasonable promptness in response to such notice. Utu:overing Work: 13.8. Ifany Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER. be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR, at ENGINEER's re- quest, shaD uncover, expose or otherwise make av3J'Jable for observation, inspection or testing as ENGINEER may require, that portion of the Work in question. furnishing aJI necessary labor. material and equipment. If it is found that such Work is defective, CONTRACIOR shall pay all cJaims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation. inspection and testing and of satisfactory replacement or rcc:onstruction (including but Dot limited to all costs of repair or replacement of work ot" othe:s); and OWNER shall be entitled to an appropriate dc:crcase in the Contract Price, and. if the parnes arc unable to agree as to the amount thereof. may make a claim therefor as provided in Article 11. It". however, such Work is not t"ound to be d~/~clive, CONTRACTOR shaJl be aJlowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both. directly attnbutable to such uncovering, exposure, ob- servation. inspection. testing, replacement and'reconstruction; and. if the parties are unable to agree as to the amount or extent thereof, CONTRACIOR may make a claim therefor as pr0- vided in Articles II and 12. OWNER May SlDp 1M WDrk: 13.10. If the Work is def~clill~, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment. or faals to furnish or pcrfonn the Work in such a way that the completed Work will conform to the ConU'ac:t Documents, OWNER may order CONTRACl'OR to stop the Work. or any portion thereof, until the cause for such order bas be=n eliminated; however, this right of OWNER to stop the Work .36 e shall not give rise to any duty on the pan of OWNER to exercise this right for the benefit of CONTRACIOR or any ljprety or other party. CDn'CctUm or RemoWJl of Df!feaivf! Work: 13.11. If required by ENGINEER, CONTRACTOR shaJl promptly. as directed. either correct all deff!crivf! 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 dttjecrivf!. CONTRACIOR shaJl pay all claims. costs, losses and damages caused by or resulting from such correction or removaJ {including but not limited to aJl costs of repair or rcp1ac:cmcnt of work of others). 13.11. CornaiDll Period: J. 13.12.1. If within one year after the c1ate of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regularions or by the terms of any applicable speciaJ guarantee required by the ConU'aCt Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defecrivf!, CONTRACTOR shall prompdy, without cost to OWNER and in accordance . with OWNER's written iastnlctions: (i) co~ such defec- IiVf! Work, or, if it has been rejected by OWNER. remove it from the site and replac:e it with Work that is not deff!czive. and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does Dot prompdy comply with the tenns of such i~c:tions, or in an emergency .where delay would cause serious risk of loss or cIama.gc, OWNER may have the deff!crivf! Work corrected or the rejcc:tcd Work removed and replaced, and all daims. costs, losses and damages caused by or resulting from such re- moval and replac:ement (including but not limited to all costs of repair or replacement of work of others) wm be paid by CON'I'RACI'OR. 13.12.2. In spec:ial c:ircumstances where a particular item of equipment is placed in continuous service before SubSWl- tiaI Completion of aJl the Work. the correction period for that item may start to nm from an earlier dale if so provided in the Specifications or by Wriaen AmendmenL 13.12.3. Where defectivt! Work (and damage to other Work resulting therefrom) has been corrected, removed or replac:ed under this paragraph 13.12. the correction period hereunder with respect to such Work Wlll be extended for an additional period of one year after such corn:c:tion or re- moval and replacement has been satisfactonly completed. AccqtlUlCt! 01 DeJf!t:live Work: ) 13.13. If, instead of n:quiring correction or removal and replacement ot" dttf<<rive Work. OWNER (and. prior to ENGI- NEER's n:c:ommendation offinal payment. also ENCiINEER) prefers to accept it. OWNER may do so. CONTRACTOR shall e pay all claims, costs. losses and damages attnbutable to OWNER's evaluation of and detennination lO ac::pt such df!ff!crivf! Work (such costs to be approved by ENGINEER as to re:ISOnableness). If any such ac:eptanc: occu~ prior to ENGINEER's recommendalion of final payment. a Change Order will be issued incorporating the necessary revisions in the Contr:1Ct Documents wilh respect to the Work; and OWNER shall be entitled to an appropriate decrease in the ConU2Ct Price, and. if the parties are unable lO agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the ac:c:cptance oc::urs after such rcc:ommencla- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Coma Df!feaille Worlc: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct df!ff!crivf! Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CON- TRACTOR falls to perform the Work in accordanc: with the Contract Documents, or if CONTRACTOR fa.ils to comply with any other provision of the ContraCt Documents. OWNER may, after seven d.ays' wrilten notice to CONTRACIPR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shaJl pro- c=d ex~ditiously. In connection with such corre:tive and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or pan of the Wo~. and suspend CONTRACIOR's services related thereto. take possession of CONTRACIOR's tools, appUances, constrUc- tion equipment and machinery at the site and incorporate in the Work aJI materiaJs and equipment stored at the site or for which OWNER has paid CONTRACIOR but which are stored elsewhere. CONTRACTOR shall aJlow 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 Wlll be charged against CONTRACIOR and a Change Order will be issued incorporating the ncc:ssary revisions in the Contract Documents with respect to the Work; and OWNER shaJl be entitled to an appropriate de:rease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims. costs. losses and damages wm include but not be limited to aJI costs of repair or replace- ment of worlc of others dcstroyed or damaged by correction. removal or replacement of CONTRACIOR's deff!crive Work. CONTRACTOR shall not be aJlowed an extension of the Contract Times (or Milestones) because of any delay in the perfonnanceofthe Work annbutable to the exercise bv OWNER of OWNER's rights and remedics hereunder. . ARTICLE I4-PAYMENTS TO CONTRACIOR AND COMPLETION SdutizIU ofValuu: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 e will be incorporated into a form of Application for Payment accepClble to ENGINEER. Progress paymenls on account oi -Unit Price Work will be based on the number of units com- pleted. ApplicaDD" for Progt'US 1'tzyrMnt: 14.1. At least twenty days before the c1ale established for each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materiaJs and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing. the Application for Payment shaJl aJso be accompanied by a bill of sale, invoice or other documentation warranting thal OWNER has received the materiaJs and equipment free and clear of aJI Liens and evidence that the materiaJs and equipment are covered by appropriate propcny insur.mce and other arrangements to protect OWNER's interest therein. aJl of which will be satisf'actory lO OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. ) CONTRAC1'OR's WGn'rUIty ofTIIU: 14.3. CONTRAC1'OR warrants and guarantees that title to aJJ Work. materiaJs lind equipment covered by any Application for Payment. whether incorporated in the Project or not. wJ1/ pass to OWNER no later than the time ot" payment free and clearofaJlUens. RnUrw of Appli.ctltuJlufor 1"TDlI~ /'tqmat: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or retUrn the Application to CONTRAC'IOR indi- c:azing in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case. CONTRACTOR may make the acc:ssary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation. the amount recommended will (subject to the provisions of the last sen- tenc: ot" p;o.-agraph 14.7) become due and when due W111 be paid by OWNER to CONTRACTOR. . ~) 14.5. ENGINEER's n:commenclalion of any payment re- quested in an Application for Payment will constiwte a repre- sencuion by ENGINEER to OWNER. based on ENGINEER's on-site obsetvations of the executed Work as an experienced and qualified design prot"essional and on ENGINEER's review ot" the Applic::uion for Payment and the accompanying data and schedules. that to the best of ENGINEER's knowledge. infor- mation and belief: e 14..5.1. the Worlc has progressed to the point indic:ued. 1';..5.!. lhe quaJity of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as :J. functioning whole prior to or upon Substantial Completion, lO the results of any subsequent tests Q/led for in the Conuact Documents. to a final detennination of quanlities and classifications for Unit Price Work under paragraph 9.10. and to any other quali- fications stated in the recommendation). and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have be:n fulfilled in so far as il is ENGINEER's responsibility to observe the Work. However. by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities speciiic:ally assigned to ENGINEER in the Contract Documents or (ii) that there may not be other ma.acrs or issues between the partics that might entitle CONTRAC- TOR to be paid additiOnally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment. in- cluding final payment. shall DOl mean that ENGINEER is responsible forCONTRACIOR's means. methods. techniques. sequences or procedures of construction. or the saf'ety precau- tions and programs incident thereto. or for any farlun: of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work. or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any pan of any payment if, in ENGINEER's opinion. it would be incorrect lO make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment. or. because or subsequently discov- ered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended, tc). such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss becwse: 14.7.1. the Work is d~f~CI;lIt. or completed Work has been damaged requiring correction or replac:cment. 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order. 14.7.3. OWNER has been required to COITCCt d~j~c- I;II~ Work or complete Work in accordance with paragraph 13.14. or 14.7.4. ENGINEER has actual knowledge of the oc- currenc: of any of the events enumerated in paragraphs 15.1.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the fUU amoum: recommended by ENGINEER beClusc: 14.i.5. claims have been made against OWNER on account of CONTRACI'ORs performance or furnishing of the Work. 38 . 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 ilerns entitling OWNER to a set-off' against the amounl recommended. or 14.7.8. OWNER has actual knowledge of the occ:ur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragr.lphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice <with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld. or any adjustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects to OWN- ER's satisf:1c:tion the reasons for such action. SubstlzzuiDl CDmpletiDrr: . ) 14.8. When CONTRAcroR considers lhe 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 specific:aJly listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of SubstantiaJ Completion. Within a reasonable time thereafter, OWNER. CON1"RACIOR 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 wm notify CONTRACTOR in writing giving the r=sons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative cenific::ue of SubstantiaJ Com- pletion which shaD fix the date of Substantial Completion. There shaJl be anac:hed to the certificate a tentative list of items to be completed or corrected before final paymenL OWNER shall have seven days after receipt of the tentative certific::uc during which to make wrinen objection to ENGINEER as to any provisions of tJie certific:aIe or attached lisL If. after considering such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen clays after submission of the tentative ccrtific::ne to OWNER notify CONTRACTOR in writing, stating the re:ISOns therefor. If, after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of itemS to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after considenuion of :my objections from OWNER. Al the time of deliver)' of the tentative certifiC1te of Substantial Completion ENGINEER WIll deliver to OWNER and CON'TRACTOR a written rcc:ommendation as to d"JVision of responsibilities pend- ing linaJ payment between OWNER and CONTRACTOR with respect to security. operadon, safety, maintenance, heaL utili- des. insurance and wamntics and guarantees. Unless OWNER and CONTRACI'OR agree otherwise in writing and so inform ) .,-- e ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substanili11 Completion. ENG IN EER' s :uores:1id recommendation will be binding on OWNER and CONTRACTOR until final payment. 1~.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the ~le of SubstantiaJ Completion, but OWNER shall allow CONTRACTOR rc:1Sonable access to complete or com:ct items on the tentative list. PaniJJl Uti1irJuUm: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) h:1S spcdfically been identified in the Contr.lct 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 signiiic::mt inter- ference with CONTRACTOR's performam:: of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of aJllhe Work subject to the following: 14.10.1. OWNER' at any time may request CON- TRACIOR 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 pan of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certific:are of Subst:1ntial Completion for that pan of the Work. Within :l reasonable time after either such request, OWNER. CONTRAcroR 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 substantiaJly complete, ENGI- NEER ..m notify OWNER and CONTRAcroR in writ- ing giving the I'C3SOns therefor. If ENGINEER considers that part ot' the Work to be substantiaJly complete, the provisions of par:IgI':lphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibtlity in respect thereof and access thereto. 14.10.!. No occ:upancy or separ.lte opcr.uion of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in rcspc::t ofpropcrty insur.:lllCe. FiruIllnsp<<1iDn: I,U 1. Upon written notice from CONTRACrOR that the entire Wort 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 gf aD 39 . paniculars in which this inspection reve:lls that the Work is incomplete or d~/~cli,,~. CONTRACIOR shall immediately rake such mc:LSures as are necessary to complete such Work or remedy such deficiencies. - FiMJ. Appliazrio" for PIlJIM1U: ") 14.12. After CONTRAcroR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents aJl maintenance and operating instructions. schedules, guarantees. Bonds, certifi- cues or other evidence ofinsurance required by pamgraph 5.4. ccnific:a1es of inspction, marked-up re::ord documents (as provided in paragraph 6.19) and other documents. COfltTRAC. TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previOUSly delivered) by: (i) aJl documentation called for in the Contract Doc:uments, including but not limited to the evidence of insurance required by subpar.agraph 5.4.13, (ii) consent of the surety, it"any. to final payment, and (iii) complete and legaJly effective releases or waivers (satisfactory to OWNER) of aJI Liens arising out ot" or filed in COMcction with the Work. In lieu of such releases or waivers ot" Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor. services, materiaJ and equipment for which a Lien could be filed. and (ii) all payrolls. material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subc:onuactor or Supplier fails to furnish such a release or receipt in full. CONTRACroR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. FiMJ. PaytIWIl azul Accept.tznu: ._) 14.13. If, on the basis of ENGINEER's observation of the Work during constrUction and final inspection. and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Concr.ic:t Documents, ENGINEER is satisfied that the Work has bccn completed and CONTRACTOR's other obligations under the Conaact Documents have been fulfilled. ENGINEER will. within ten clays after receipt of the final AppliCllion for Payment, indicue in writing ENGINEER's recommendation of payment and present the Applic::uion to OWNER for pay_ meaL At thi:: same time ENGINEER will aJso give written notice to OWNER, and CONTRACIOR that the Work is ac:c:eptable subject to the provisions of p;ngraph 14.15. Oth. erwise, ENGINEER will return the Application to CON- TRACI'OR, indic:abng in writing the reasons for refusing' to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Applic::uion. Thirty days after the presentation to OWNER of the Applica- tion and acc:ompanying documentation. in appropriate form aad substance and with ENGINEER's recommendation and aouce of acceptability. the amount recommended by ENGI- NEER will become due and WIll be paid by OWNER to e CONTRACTOR. 14.14. If, through no fault of CONTRACTOR. fiD:1l com- pletion of the Work is signilic:lJuly dela.yed and if ENGINEER so confirms. OWNER sh:1ll. upon receipt of CONTR.~R's finaJ Applicuion for Payment and recommendation of ENGI- NEER. and without tenninating lhe Agreement. make pay_ ment of the baJance due for th:ll portion of the Work fully completed and acce;ned. If the rerrnlining b:1lance to be held by OWNER for Work nOl fully completed or corrected is less than the retainage stipulated in the Agreement. and it" Bonds have been furnished as required in parogroph 5.1. the wrinen con- sent of the surety to the paymenl or the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGlNEER with the Appli- cation for such paymenL Such payment sh:1ll be made under the terms and conditions governing final paymenL except that it shaJl not constitute a waiver of claims. Waiwr 01 CI4inu: 14.15. The making and accepmnce of fina.l parment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACIOR. except claims arising from unsenled Liens. from d~/~clill~ Work appearing after final inspection pursu- ant lO paragraph 14.11, from failure to comply with the Contract D~uments or the terms ot" any special guar.ultees specified lherein. or from CONTRACTOR's continuing ob- ligations under the Contr.lCt Documents: and 14.15.2. a waiverofaJl claims by CONTRACTORapinst OWNER other than those previously made in writing and stili unsettled. ARTICLE I5-SUSPENSION OF WORK AND TERMINATION OWNER May Susperul Work: 15.1. At any time and without cause. OWNER may sus- pend the Work or any portion thereof for :l period of not more than ninety clays by notice in writing to CONTRACTOR and ENGINEER which WIll fix the date on which Work WIll be resumed. CONTRAcroR shaJl resume the Work on the date so fixed. CONTRACIOR shaJl be allowed an adjustment in the Contr.lCt Price or an extension of the Contract TImes. or both. directly attn'butable lO any such suspension if CONTRAcroR ma.Jces an approved claim therefor as provided in Articles 11 and 12. OWNER ,'Jay Tomintzu: 15.!. Upon the occurrence of anyone or more ot" the following events: oW e 15.2.1. if CONTRACIOR persistently f:lils to perform . the Work in accordance with the Contr:1ct Documents (in- cluding. but not limited to, failure to supply sufficient slalled workers or suitable m:1teriaJs or equipmenl or f:1ilure to adhere to the progress schedule established under p:u:Igr.lph 2.9 as adjusted from time to time pursU:1Dt to paragroph 6.6); 15.2.2. if CONTRACTOR disreg:u-ds uws or Regul:J.- tions of any public body having jurisdiction: 15.2.2. . if CONTRAcroR disregards the authority of ENGINEER; or 1.5.2.4. it"CONTRAcroR olherwise violates in any sub- stantial way any provisions of the Contr.lCt Documents: ) OWNER may, after giving CONTRACl'OR (:lnd lhe surety, if any,) seven days' written notice and to the extent permit- ted by laws and Regulations. terminale lhe services of CONTRACTOR. exclude CONTRACl'OR from the site and take possession of the Work and of aJl CONTRACI'OR's tools. appliances, construction equipmenl and machinery at the site and use the same to the full extent they could be used by CONTRAcroR (without liability to CONTRAcroR for trespass or conversion), incorporate in the Work :111 materi- aJs and equipment stored at the site or for which OWNER has paid CONTRACI'OR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRAcroR shaJl not be entided to n:c:ive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds aJl claims. costs, losses and damages sustained by OWNER arising out of or resulting from completing the WorK such excess will be paid to CONTRAcroR. If such claims, costs. losses and dam- ages exceed such unpaid baJance. CONTRACTOR shall pay the difference to OWNER. Such claims. costs, losses and damages incurred by OWNER wm be reviewed by ENGI- NEER as to their rc3Sonableness and when so approved by ENGINEER incorporated in :1 Change Order. provided that when exercising any rights or remedies under this par.1gr.lph OWNER shaJI not be required to obtain the ~owcst price for the Work performed. 1.5.3. Where CONTRAcroR's scrvic:s ha.ve been so ter- milWed by OWNER. the termination wiD not :J.f'f'ect any rights or remedies of OWNER against CONTRAcroR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACIOR by OWNER WIll not relC3Se CONTRACTOR from liability. 15.4. Upon seven clays' wriaen notice to CONTRACTOR and ENGINEER. OWNER may. without c:wse and without prejudice to any other right or remedy of OWNER. elect to tcnninau: the Ag:re:ment. In such c:1Se. CONTRACTOR shall be paid (without duplic::uion of any items): -> ..... 15.4. J. for completed :lJ1d acceptable Work exe:uted in accordance with the Contr.1Ct Documents prior to the cff'cc- ave dale of termination. including fair and n::sonable sums for overbc::1d and profit on such Work: e 15.4.2. for expenses sustained prior lO the effective date of termil1:1tion in performing services and furnishing labor. materi:1ls or equipment as required by the Contr:1Ct Docu- ments in connection with uncompleted Work. plus fair and rc:1Sonable sums for overhead and profit on such e~penses; 15.4.3. for all claims, costs, losses and damages incurred in settlerrienl or lerminated contr:1c:s with Subcontractors. Suppliers :lJ1d others: :lJ1d 15.4.4. for reasonable expenses directly annbutable to termination. CONTRACTOR shall not be paid on ac:::cunt of loss of :lJ1ticipated profits or revenue or olher economic loss arising out of or resulting from such termination. CONTRACTOR May SlOp Work Dr Termi1uzu: 15.5. . If. through no act or fault of CONTRACI'OR. 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 P:l.yment within thirty days after it is submitted or OWNER falls for thirty clays to pay CONTRACTOR any sum finally determined to be due, then CO~'1'RACTOR may, upon seven clays' written notice to OWNER and ENGINEER. and provided OWNER or ENGINEER do not remedv such suspension or failure within that time. terminate the Agre:- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or' remedy, if ENGINEER has failed to act on an Application for Payment within thirty clays after it is submitted, or' OWNER has faaled for thirty clays to pay CONTR.-,croR any sum finaJly determined to be due, CONTRACI'OR may upon seven c1ay's wrinen notice to OWNER and ENGI- NEER stop the Work unul payment of all such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph 15.S arc not intended to preclude CON- TRAcroR from making claim under Articles 11 and 12 for an inCTCSe in Contr:l.ct Price or Contract Times or otherwise for c.'Cpenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE I6-DISPUTE RESOLUTION If and 10 the extent that OWNER and CONTRACTOR have agrc:d on the method and procedure for resolving disputes betwc-..n them that may arise under this Agreement. such QlSpute resolution method :lJ1d procedure. if any. shaJl be as set forth in Exhibit GC-A. '.Dispute Resolution Agr=ment." to be :1ttaChed hereto :lJ1d made a part hereof. If no such agrc:ment on the method :lJ1d procedure for resolving such disputes has be:n I'C1ched. and subject to the provisions of paragraphs 9.10, 9.11. and 9.I!.. OWNER and CONTRACI'OR may =e:dse 41 e such rights or remedies as either may otherwise have under the Contract Documents or by L.:1ws or Regulations in respe::t of ,;ny dispute. ARTICLE 17-MISCELl.ANEOUS Givinr N<<ia: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice. it WIll be deemed to have be:n validly given if deliVered in person to the individual or to a member of the finn or to an officer of the corporation for whom it is intended, or if delivcn:d at or sent by registered or certified awl, pgstage prepaid, to the last business address known to the giver of the notice. Compllllzlitm ofTimc: 17.2.1. When any period of time is referred to in the Contract Dcc:uments by clays, it WIll be computed to exclude . the first and include me last day of such period. If the last clay of any such period faJIs on a SaEurday or Sunclay or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omiaed from the computation. 17.2.l. A calendar clay of twenty-four hours measured from midnight to the next midnight WIll constibJte a clay. ) NGtia of C1Gim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or e act of the other parry or of Olny o( lhe olher party's employc:s or agents or others (or whose acts the other party is legally liable, claim will be made in writing to the other party within a re:1Sonable lime or the first observance of such injury or damage. The provisions or this par3gr.1ph 17.3 shaJ1 not be construed as a substitute for or a waiver of the provisions ot" any applicable sWUte of limitations or repose. CIIIIIlllDtivc R~: 17.4. The duties and obligations imposed by these Genc:al Conditions and the rights and remedies aV3Jlable hereunder to the panies hereto. and. in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12. 6.16. 6.30. 6.31, 6.32. 13.1, 13.12. 13.14, 14.3 and 15.2 and aJl of the rights and remedies available to OWNER and ENGINEER thereunder. arc in addition to. and are not to be construed in any way as a limitation ot", any rights and remedies aV3llable to any or all of them which arc otherwise imposed or aV3Jlable by Laws or RcgulaIions. by special warranty or guarantee or by odJer provisions of the Cont~t Documents, and the provisions of this paragraph WIll be as effective as if" repeated speQiicaJly in the Contr3Ct Documents in conncction with each panic::Uar duty, obligation. right and remedy to which they apply. ProfessiDMl F~ azul Court Com Inr:lmWJ: 17.5. Whenever reference is made to ""claims, COStS. losses and damages:' it shaJl include in each case. but not be limited to. aJl fees and c:hargcs of engineers. architects, attorneys and other professionals and aJl court or arbitradon or other dispute resolution costs. [The remainder of this page was left blank intentionaJly.] ) 42 e e SUPPI .RMENT ARY CONDmONS OF THE AGREEMENT SC-l PRECEDENCE: These supplementary conditions of the Agreement are a supplement and where in conflict, they take precedence over the General Conditions of the Agreement of this Specification. SC-2 OWNERlENGINEER: The word "OWNER" in these Specifications shall be understood as referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be understood as referring to the City Engineer for the City of La Porte, Texas. SC-3 SCOPE OF WORK: The work to be performed under this contract consists of furnishing all materials, labor, supervision, tools, and equipment necessary to complete the work. SC-4 SEOUENCE OF WORK: All work covered by this Contract shall be completed within the number of calendar days designated by the Contractor in the Bid Proposal. SC-s TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in the Contract Documents and within the time limitations described in paragraph SC-4, Sequence of Work, unless otherwise stipulated to proceed. Calendar days shall be computed beginning and inclusive of the first day of the Notice to Proceed. CONTRACTORS shall notify OWNER in writing 48 hours prior to start of construction. The time of completion shall include delivery time of all equipment and materials required to complete the work in conformance with the Drawings and Specifications. SC-6 UQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the parties hereto that time is of the essence of this Contract, and that for each calendar day of delay beyond the completion date (after due allowance for such extension of time as provided herein) the CONTRACTOR shall pay the OWNER as liquidated damages the sum of one hundred dollars ($100,()()), it being understood between the parties hereto that such sum shall be treated not as a penalty, but as liquidated damages for loss of revenue to the OWNER. SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work under the Contract to be free from faulty materials in every particular, and free from faulty workmanship, and against injury from proper and usual wear; and agreeing to replace or to reexecute without cost to the OWNER such work as may be found to be imperfect or improper, and to make good all damage caused to other required replacement or reexecution. The guarantee shall be made to cover a period of one year from the date of completion of all work under this Contract. This guarantee must be furnished to the OWNER for approval, prior to acceptance and final payment. Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty materials or workmanship during the period covered by the guarantee. Supplementary Conditions 1 of 10 e e SC~ MATF.RTAL~ AND WORKMANSHIP: No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without written consent by the OWNER. SC-9 SANITARY FACll.JTIES: The CONTRACTOR shall maintain sanitary facilities at a location satisfactory to the OWNER, for use by the employees of the CONTRACTORS. They shall be well ventilated, but provide proper concealment, and shall be kept scrupulously clean at all times by the CONTRACTOR. The facilities shall be removed and the site restored to its original condition upon the completion of the work. All such facilities shall conform to the requirements of the state and local health authorities, ordinance and law. SC-IO INCONVENIENCES TO THE PUBLIC: It is declared and acknowledged intent of these specifications that all work such as backfilling of excavations, removing forms, repairs to roads and drives, and clean-up or other such operations shall follow as closely as practical to the laying or installing operations, in such a manner that the public is not unnecessarily inconvenienced nor a hazard to public safety created. Any specific limitation in the technical specifications referring to the control of the "follow-up" operations, such as the minimum distance of unfilled trench allowed behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public safety is created. The CONTRACTOR, upon notification by the OWNER or OWNER'S representative shall make necessary changes to his forces and/or equipment. SC-ll PERMITS: Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the CONTRACTOR. Easement, right~f-way and instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACTOR shall obtain all required permits from the City of La Porte and any other affected agency. SC-12 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or facilities thereon free from accumulations of waste material, debris or rubbish caused by his employees or work; at the completion of the work he shall remove from the site all his tools, surplus materials, debris, and shall leave the site and his work "broom clean" or the equivalent, unless otherwise noted on the drawings or specified by the OWNER. SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the OWNER'S operations meet with a minimum of interference resulting from the work requiring by these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a manner as to permit these continued operations and so as not to interfere with the business of the OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at the pre-construction meeting and restrict all his vehicle and personnel to this route and to the site. The blocking or hindering of traffic will not be permitted. SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in connection with this work. The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and Supplementary Conditions 2 of 10 e e where required, shall properly connect and coordinate his work with theirs. SC-lS RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S forces or by other contractors contiguous to work covered by this contractor, the respective rights or the various interests involved shall be established by the OWNER or his resident inspector, to secure the completion of the various portions of the work in general harmony, CONTRACTOR shall issue work schedules in conflicting areas as requested by the OWNER or his resident inspector. SC-16 STORAGE OF MATERIt\l.s AND EQUIPMENT: Any material which has deteriorated, become damaged or otherwise unfit for use, shall not be used in the work. Any material or equipment must be stored at a location directed by the ENGINEER at the pre- construction meeting. Upon completion of all work, or when directed by the OWNER, the CONTRACTOR shall remove such storage facilities or equipment form the site. SC-17 PUBUC UTll.JTY OBSTRUCTIONS: Pipe lines and other existing underground structures in the vicinity of the work are shown on the drawings according to the best infonnation available to the OWNER. The OWNER does not guarantee the accuracy of this information. The CONTRACTOR shall make every effort to locate all underground utilities by prospecting in advance of trench excavation, The cost of repair of existing utilities damaged by the CONTRACTOR shall be borne by the CONTRACTOR, and shall be scheduled so as to cause the least possible inconvenience to the public. Any delay or extra cost to the CONTRACTOR caused by pipe lines or other underground structures or obstructions not shown on the plans or found in different locations than those indicated, shall not constitute a claim for extra work, additional payments, or damages. SC-18 SUBLETI1NG THE WORK: The CONTRACTOR shall perform with his own organization and with the assistance of workmen under his immediate supervision, work not less than fIfty percent (SO %) of the value of all work embraced in the Contract exclusive of items not commonly found in contracts for similar work or which requires highly specialized knowledge, craftsmanship and/or equipment not ordinarily available in the organizations of the contractor's performing work of the character embraced in the Contract. No portion of the work covered by these specifications and materials, shall be sublet without written permission from the OWNER. If the CONTRACTOR sublets any part of the work to be done under this Contract, he will not under any circumstances be relieved of his responsibility and obligations. Ail transactions of the OWNER will be with the CONTRACTOR. Subcontractors will be considered only in the capacity of employees and/or workmen and shall be subject to the same requirements as to character, competency, wages and hours. The OWNER will not recognize any subcontractor on the work. The CONTRACTOR shall at all times, when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. A complete list of subcontractors must be submitted within ten (10) days after start- up. SC-19 PROTECTION OF EXISTING FAcn .ITIES: The CONTRACTOR shall use Supplementary Conditions 3 of 10 . e construction equipment, labor, or techniques to insure that existing facilities such as but not limited to, existing utilities are not damaged. A careful pre-construction inspection of existing facilities will be made with the OWNER and the CONTRACTOR. SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental growth within the right-{)f-way, not directly interfering with the construction of the road bed, sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree, shrub, plant or ornamental growth that interferes with the construction of the roadway, sewers, sidewalks or driveways shall be relocated to a location satisfactory to the adjoining property owner outside of the street right-{)f-way. Large trees not conducive to moving shall be removed and disposed. SC-21 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER. SC-22 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water for construction and testing from the City of La Porte at his cost. A construction meter will be provided at no cost to the CONTRACfOR for the duration of construction. SC-23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all existing facilities (Le., lift stations, valves, fIre hydrants) during construction. SC-24 DIi:I.Ii:TION OF ARTICLES IN GENERAL CONDmONS: Articles of the General Conditions covering OWNER'S liability insurance, Sections 5.5 through 5.10, are hereby deleted are not part of this Contract and is not required by the OWNER. SC-2S REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception of the Worker's Compensation policy, shall name the OWNER and the ENGINEER as an additional insured. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACfOR'S option and expense. Insurance must include: General Liability: Commercial General Liability General Aggregate Personal Injury Each Occurrence $1,000,000.00 $1,000,000.00 $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence Each Aggregate $1,000,000,00 $1,000,000.00 Supplementary CondlUons 4 of 10 e e Worker's Compensation: A, Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (fWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's work on the project has been completed and accepted by the OWNER. Persons providing services on the project - includes all persons or entities perfonning all or part of the services the contractor has undertaken to perfonn on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the project. "Services" does not include activities unrelated to the project, such as foodlbeverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACfOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and ftling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACfOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, flle a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACfOR shall obtain from each person providing services on the project, and provide the OWNER: (1) a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on tile certificates of coverage showing coverage for all persons providing services on the project; and Supplementary Conditions 5 of 10 e tit (2) no later than seven (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The CONTRACfOR shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. G. The CONTRACfOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provisions of coverage of any persons providing services on the 'project. H. The CONTRACfOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The CONTRACfOR shall contractually require each person' with whom it contracts to provide services on the Project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amount and fIling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACfOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide the CONTRACfOR: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate ends during the duration of the Project. Supplementary Conditions 6 of 10 e e (5) retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing service. J. By signing this contract, the CONTRACfOR is representing to the OWNER that all employees of the CONTRACfOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulations. Providing false or misleading information may subject the CONTRACfOR to administrative penalties, criminal penalties, or other civil action. K. The CONTRACfOR' S failure to comply with any of these provisions is a breach of contract by the CONTRACfOR which entitles the OWNER to declare the Contract void if the CONTRACfOR does not remedy the breach within ten (10) days after receipt of notice of breach from the City. The CONTRACfOR shall be responsible for insurance to cover equipment, tools, materials, supplies, etc. used in the performance of work, owned or rented, the capital value of which is not included in the cost of this Contract. Insurance policies are to be written by companies authorized to do business under the laws of the State of Texas and on forms approved by the Insurance Commission of the State of Texas. The CONTRACfOR shall provide the OWNER a copy of all insurance policies. All of the insurance required to be carried by the CONTRACfOR shall be by policies which shall require on their face, or by endorsement, ten (10) days written notice to the OWNER before they may be cancelled and within which ten day period the CONTRACfOR covenants that it will provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the coverage required under the provisions hereof, Failure or refusal of the CONTRACfOR to obtain and keep in force the above required insurance coverage shall authorize the OWNER, at its option, to terminate this contract at once. The CONTRACfOR shall indemnify and save harmless the OWNER, its OffIcers, employees, and agenB from all claims and liability due to the activities of itself, its agents, or employees performed Supplementary Conditions 7 of 10 e e under this contract and which result from an error, omISSion, or negligent act of the CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACI'OR shall indemnify and save harmless the OWNER from any and all expenses, including attorney fees, which might be incurred by the OWNER in litigation or otherwise resisting said claims or liabilities which might be imposed on the OWNER as a result of such activities by the CONTRACTOR, his agents, or employees. SC-26 QUALIFlCA nONS FOR SURETIES ISSUING BONDS: As required by City of La Porte Ordinance No, 1m, approved July 22, 1991, corporate sureties issuing payment and performance bonds payable to the City of La Porte on public works projects shall meet all of the following criteria: a. The surety company must be authorized to do business in the State of Texas, which authorization must be recorded in the fIles of the Texas State Board of Insurance; b. The surety company must be an approved surety company listed in the current United States Department of Treasury list of approved corporate sureties for payment and perfonnance bonds for federal jobs, including specifically the rules to underwriting limitation; c. The surety company must be authorized to issue payment and perfonnance bonds in the amount required for the Contract, which authorization must be recorded in the fIles of the Texas State Board of Insurance; d, The person executing the Payment and Performance Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the fIles of the Texas State Board of Insurance; and e, The person executing the Payment and Performance Bonds must be authorized by the surety company to execute performance and payment bonds on behalf of the company in the amount required for the Contract and such authorization must be recorded in the files of the State Board of Insurance. f, Failure to meet the criteria for acceptability of surety company issuing Payment and Perfonnance Bonds will result in the disqualification of the bid. g, The Payment and Performance Bonds shall remain in effect at least one year beyond final acceptance of work under the Contract by the Owner. SC-27 RETAlNAGE: If the total Contract price is greater than $400,000.00, five percent (5%) of the total contract price will be retained until final payment as described below. If the total Contract price is less than $400,000.00, ten percent (10%) of the total contract price will be retained until final payment as descn'bed below. On or before the tenth (10th) day of the month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated Supplementary Conditions 8 of 10 e e into the work. For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then pay the CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month the amount of the approved statement, less five percent (5 %) of the amount thereof, which shall be retained until final payment, and further less all previous payments and all further sums that be retained by the OWNER under the terms of the Agreement. For total Contract prices (Base Bid) less than $400,000,00, the OWNER shall then pay the CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month the amount of the approved statement, less ten percent (10%) of the amount thereof, which shall be retained until final payment, and further less all previous payments and all further sums that be retained by the OWNER under the terms of the Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER ~, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the Contract subject to those conditions under the General Conditions, Article 14, Payments to CONTRACTOR and completion. SC-28 PREV ~ n .lNG WAGES: The CONTRACTOR and his subcontractors shall expressly comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, "The Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage for the Harris County area as attached at the end of these supplementary conditions shall be paid for labor which is employed by the CONTRACTOR and his subcontractors for execution of this contract. The CONTRACTOR and his subcontractors shall keep accurate records of the names, wage classifications, and hourly wages paid to each worker employed on this project. These records shall be open to inspection by the OWNER. See Exhibit "A" for Prevailing Wage Rate Determination. Supplementary Conditions 9 of 1 0 e e SC-29 CONTRACT INTERPRETATION AND WORK ACCEYfABILlTY: The Engineer will be the final interpreter of the requirements of the contract documents and sole judge of the acceptability of work thereunder. SC-30 DISPUTE RESOLUTION The parties will attempt in good faith to resolve any controversy or claim (other than matters described in the immediately preceding paragraph) arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association. If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the controversy shall be settled by arbitration in accordance with II American Arbitration Association Construction Industry Arbitration Rules II by a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C & 1-16, and judgement upon the award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not empowered to award damages in excess of actual damages, including punitive damages. Supplementary Conditions 10 of 10 ~ 14:31 S?GSC/FCSM FA)( 5.-3366 Bas PREVAIUNB WAGlE RATE Dt:: 11:I'tn1INAnON BUILDING CONS1HUcnON TRADES COUNTY: HARRIS AUGUST 24.. 1995 n ...... ..... Vl-d"M To'" W.. ,,~~ $'17..58 IDJII 1CL18 IO.GO $11.,. W'OdlDl' $&71 .00 ta.CO $I.OD ta.7't BoIInnIIcer $11U4 $3.10 .1.71 -.00 $mAl BtUA.,.., .. Maon I'SJJO lSD.GO $Il.aJ tD.OO ttLOO .11.14 $1.- I,m to.OO $1&&'1 CarpIIt u,.; Ftoar I..... SD.DD SUD IQ.GD $DJJO .. C2ncnK8 FIniInIr . 11.u5 .04 tom 8D.DO t1s.aG DrywaI tnstllllr. CeIIIIG JMaIIer $1G.07 Ia.a so.oa $D.38 "'.14 EIectddBn 11&.39 11.3& $D.S3 IlI.D4 "7.71 Ellwataf MecftIniD 117.32 S3.2I IZJM $U2 tz5.17 Ugh1 ~0penIb' $1' ..911 SQ.17 sa.18 $0.00 $1:u4 Heawy~~ . 114.14 $0.04 .02 $0.02 $1s.11Z Glazfer 112.00 IOJX) .00 $02S I12.ZI -. -- fnIuIatar $15.03 S3.OB $U8 $D.15 $2U3 $1~71 IO.2D $D.28 $Q,10 $16.31 I8.2Z IQ.3& $Q.07 .08 au:z Ldfll $14.80 sa.oe $0.20 ~ 1'8.68 UeCaI Bullclng hiIiembIer $1DJJD SOJIJ $0.00 $'0,00 ...0.00 ~ $1 us $1.88 $1.15 .co $19.S8 PlIintet; Wall Ca'le1fncJ IntMGer S8A4 $G.3!5 $D.01 $0,06 sus Pledd\rer $13.40 .67 .40 $D.27 11..74 .. .-. . 1 PipetiIar '16.00 $0.00 $0.00 SO.OO S15J1O P.aat8ntr $15.10 S2. 12 $0.97 $0,33 !1~ P!umb8r $17.48 13.18 $1.15 SO.54 ~ Roofer SIiI.sD $Q.OO SO.OO $0,00 $IUO Sh8et Metal Wortlw $17.24 S2.SS S1.5t so.oo s:n.= Sprtnlll8r F"dI8t $19.14 $4.17 $2.20 $0.07 $2!LS8 Twru:zD Wodar - SQ.oa ta.OD $D.OD $D.ao sa.ao rrn. Seder $14.ClO $1.20 SO.OO SO.OO $15.2a o~ateq:lroo'.r, CauIIc8r $15.18 S2. 14 S1.15 SO.07 S1&S4 · $0.00 In ttJe ..... ftatd 1IIIdaBIItlIlnnllDlent .... ~ 14::38 SPGSC'FCSl't FFDC 5"'JJ66 see . . ~~ DBCD%01f U3~OO.8 Q3/1.5/'~ =48 GeaeraJ. J2eciaiOll B\2IIIbe: 'rX960048 Superseded GeDeral Deeuicn lIc. TX9S0048 State: ~ Camst:z:UCticm. Type I HIGHWAY Ccnmty(ies) : BRAZOaD 1"OR!r BBRD GA%.V3STCIH Jm1U)m DBR:tS ,,~,AASOJf J.~ ~ C1tMiGB 1noT.T,1nt lUGBWAY CC1'i1S'.r1UJC'XCII P.ROJEC'1'S (exc1uding twmels. baUd1=v st--ucturea hi zoes1: &::ell pxojec:t.s, azzd rai1:oad aoD8~tioa; :bascuJ.e, SU,Spea.s1oa 1& ~ arch bridges, bridQ'es de8:LgJ:Led fa commercial ~gaeicm; bridges invalving 1IIiIrl.:!e const:uc:t!on; cthe:' major b:iC!ge.) t!od1fica1:ion Humber o Pub11cat1oD Date 03/15/1996 CC1DlTY (iea) : 15RAZORl:A FCR~ 1mRD GALVESTON HARDDf BAlUlIS IJ l.'fJT J:.-BOH LIBBa"n ~ OBANGE WALLER , ~u~~04~ 11/15/1"1 Am TOOL OPBRM'OB ASPHALT BJ!Aft:R OI'DATOR ASPHALT :RA1CIm ASPBAL'l' SBOVBLER !!A'l'CKING PLam'l' IfJ!lJ:GBBa EA~ 6B'J.-J.'~ ~ CCHC::R3'1'B J'mJ:samt-PAVImii C~ l'mxsmm-S'r.ROc:mms CONcu:rE RtmBBR BLEC'rlUcnlI p~ FOlUl su:IIaDER-STROC'rORES FOaK LnlID-PAvmG I: C'CRB FOJU!l 5A."'.J:Ba.-PA~ . ~ 1"01U! SA. ..D.-S'rlW'C'rOUS LABORER-coJe!ON LABORER-lJ'l'ILn'Y MAmHCLE mn:LOe M~C On.E:R Rates $7.165 8.125 7 .172 7.250 9,669 9,805 10.353 , , 09:1. , .199 8.694 14.744 14.250 '.46 8.600 8.14-1 8.339 1i.294 7.351 8,133 11.378 . 8.784 P:-inges ~ 14:31 SDVJ:CER PAnr!D-s:DW'-'.I."ljdS nLEDlUVZK P:IPB LAYBR BLAS'l'BR &SPSAL'r D~ OP!:lUOR AS~l' ,AVIIllG _~ OPBRM.'OR BROOK OR SNBBPD OPBllA1'Clt RnT~r.t".lOZD, 150 KP Ai LaSS BCI.LOOZD, OVBR 150 JIlt ctIrfCUS'r]S PAVDm C'CR:DIG .. ~ J N< ~J:.II PA'VIlG ., .ut.a" · noQ 8C2mIB CCN'CR1I'.rJS PAVJ:HG J'OR1I GBamm. ~ ltAVJ:NG GRDDB1l COHCl3'f]I PAVING JOIlt! 1P'"M I NIS ~ PAnNG WODf SDI.D CCHCU'rS PAVING noNr ~ PDDIG fWf CCNt:R31"JI PJWD1G ~ PAVJ:NG SOB-GaADBR SL~ ~('Rrine OP.BRA1'aB. CRANE, CLa~.T., BA~, !)DltXCX, 1JlU\GLl:HB, SHCVm:. . LZSS '1'1:DUf.1 1/2 C. 'Y . CMNB, ~~.T.. BACDOB, l)1!:KlUCX, ~, SBCVBL 1 1/2 C.Y. AND OVD CRUSHBR OR SCRD:l'IIltG ~ OPmlM'OR p l'otIRDA'nOJl DR.ILL OPBRA'l'CR. CIUlWIa1m !IDCH'r3D ~0lI mu::LL OPERM'CK 'mea JIOC!r.rm) l'ROft am LOADER. 2 1/2 c. Y. I: LISS8 l'ROJ.'lrl' Dm t.OADEa 0VEa 2 1/2 C.Y. HOIS'l' - IlOtmL3 DOH 1!Il1LI"DIG ~ OP!!RA1'OR llIC:XER (OVD 16 C. l' . ) JCI:XER (J.6 C.P. . LBSS) 1UXJi:R~ PAVDiG MOTOR GRACBK OP3RA1'oa PDn!: GXADB lIOTOR GRADa OPBRATOR P.I\VEJi!l!:N'l' IIIMUC:NG HAClDn!: PLANJm OPERA'1'OR PtmP CRE'1'S ROLLAR, S'r'....ZI. EE:SL PLiW': M:I:t PA'VEaENTS ROLLD., srsz:t, 'rI!!E3t. OT:!EZ\ ~ OR TJ\t!fPING BOLLER, ~C, SZL~ JlROP~.'r.'R~ SFGSC:/FC9t FAX 5~-3J66 8.125 12.066 10.000 7.781 8.000 8.320 9.431 7.911 9.018 9.'738 8.'72'7 '.702 8.406 8.814 9.12& 9.843 9.300 8.956 9.000 8.663 8,000 10.148 ;0.685 9.071 11.959 10.429 8.173 8.888 14.000 8.81.3 9,350 '7.938 7.750 10,462 '.617 6.294 9.500 12.101 8.136 7.607 7.252 BB7 ~ 14:32 5PGSC'FCSH FA)( S~-JJ66 aee . SCRAPSa-17 C.T. a ~S 1.'"'' SOAPIm-ovD. 17 C. Y . 8.368 5mB BOOM 1.'708 \) ~-cBAJILER 'nPS 1!0 BP 1& LaSS 8.122 TBAC'1'Q1l-c:RA1fLBR 'f'YPB OVBR. 150 lIP 9.303 ftAC'Oa"~IC 80 D 1& r.3SS "1.3'72 ftAC'lQa-i'.l1.IWaA:IC 0VBa 80 HP 8.000 'l'BAvm.mG 1IIZBR 6.8'3 'l'BENCHD1G lDCHDIB-ILIGB'r '.000 '1"1l~h';A~'" '1112U''WT''''IB-BBAVY 1Q.000 lIAGON-muIaL. ~ JlACBDIB AIm ~S': BDLB mtILIaBI\ "1.750 ~ S'l'Bm& OHI..~ 'AvmG u. "701 UUVQACDG S1'ZZL iliIo-A;~ ~'J:lW"'4:u.K3S . 10.16S S'rDL 1f01UCm-i)~1J\,;.u&\L 10.350 SZGZf D:BC'l'CR 8.193 SP1UW:lER BOX OPBRN:OR 9.000 BARRICU:)m SDVJ:CD. Z01I1B 1tC1Ut 6.2'4 HDOllrnul S1:GI1 m~ ~ GaOClHD 6,2'4 'l'l\uCo\\. muvmt-SI:NGI.3 J\XLZ LZGHr 7.44S TRoa mUVD-SJ:NGLB ur.a: BDV'r 8.0:1.8 'J;'uuCA. ~-T.ANJ:)D A%LB sz:a 'rRAnJm 7."744 TRoct DlUV!:R.-LOtIJ!OT IJ'LOM: '.467 1:Au~ muvBR~ 1!IIX 8.040 , 'l:AuCX mavD-wIRC! 8.500 WBLDBR 9.792 -----~---------------------------------------------------------- l1nlisteCl class1f1cat1ons needed for work Det. included wit.hin the scope of the classifi.cations listed may be added after award only as provided .in the labor .taJ1~"'''''d3 cac.t:::~t clAuses (29 en. ~., (a) (1) (v) ) . --------------------------------------------~---------~-----~--- In ~ 1ist:~ above, the .SO''' desig%2&ticn means that races li.sted under thaI: id.e:1tifier c10 nDC re~lect co1.1ec~i'Vely bargained wage ancl fringe benefic rates. ot:he::r desic;;na.ticms indica.te unions whose :ates have been det:emined to be prevailing. END Ol?' GENERAL DECISION